reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-020

Current through June 17, 2024
The language of the mechanisms listed in
010
to
018
must ensure that the instruments satisfy the
	 following criteria:
020.01 The
  financial assurance mechanisms must ensure that the amount of funds assured is
  sufficient to cover the costs of closure, post-closure care and remedial action
  for known releases when needed;
020.02 The financial assurance mechanism must
  ensure that funds will be available to the Department in a timely fashion when
  needed;
020.03 The financial
  assurance mechanisms must be obtained by the owner or operator by the effective
  date of these requirements or prior to the initial receipt of solid waste,
  whichever is later, in the case of closure and post-closure care, or no later
  than 120 days after the remedial action workplan has been approved by the
  Department, and must be maintained until the owner or operator is released from
  the financial assurance requirements under Sections
002
to
007
.
020.04 The financial assurance mechanisms
  must be legally valid, binding, and enforceable under State and Federal
  law.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-021 - Forfeiture

Current through June 17, 2024
If the owner or operator of a solid waste management facility fails to
	 properly implement the applicable closure or post-closure plan or remedial
	 action program, or does not comply with a directive from the Department to
	 implement the applicable closure or post-closure plan, or remedial action
	 program, or the Department deems the solid waste management facility abandoned,
	 the Department shall declare all or any appropriate part of the financial
	 assurance as forfeited. For purposes of this chapter, abandonment shall mean
	 the failure to initiate closure within thirty (30) days after receipt of the
	 final volume of waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-022

Current through June 17, 2024
In the event a determination to forfeit financial assurance is made,
	 the Department shall:
022.01 Send
  written notification by certified mail, return receipt requested, to the owner
  or operator and the surety, escrow agent, or other person responsible for
  financial assurance of the Department's determination to forfeit all or part of
  the financial assurance and the reasons for the forfeiture, including a finding
  of amount to be forfeited;
022.02
  The owner or operator may request a hearing on the issue of whether the
  financial assurance, or part thereof, shall be forfeited in accordance with the
  procedures specified in
Neb
.
Rev
.
Stat
. §
									81-1507(1)(2)
  and the Department's Title 115 -
Rules of Practice and
  Procedure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - PERMIT APPLICATION FEES › Section 132-9-001 - Scope

Current through June 17, 2024
This chapter shall apply to:
001.01 Any application by any person for a
  permit to:
001.01A Operate a solid waste
  management facility for which a permit is required pursuant to the Integrated
  Solid Waste Management Act, Sections
  13-2001
  through
  13-2043
  Revised Statutes of Nebraska, 1992; or
001.01B Operate a facility governed by the
  Nebraska Environmental Protection Act, Sections
  81-1501
  through
  81-1533,
  Reissue Revised Statutes of Nebraska, 1943.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - PERMIT APPLICATION FEES › Section 132-9-002

Current through June 17, 2024
For the purposes of this chapter, "major modification" shall mean
	 changes to any permitted facility which require Department review, approval,
	 and public notice, and include, but are not limited to, changes in facility
	 design, liners, leachate collection systems, ground water monitoring systems,
	 gas collection systems, final closure plans, operational plans, and any
	 increase in design capacity of a solid waste disposal area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - PERMIT APPLICATION FEES › Section 132-9-003 - Fee schedule

Current through June 17, 2024
Non-refundable fees in the following amounts shall be paid in full and
	 shall accompany an application for a permit to operate a facility or for
	 renewal of a permit or for a major modification to any permitted
	 facility:
Initial
Major Modification
Renewal
Municipal Solid Waste Disposal Area
$15,000
$ 7,500
$ 750
Construction Demolition Disposal Area
1,500
500
250
Fossil Fuel Combustion Ash Disposal Area
2,500
1,250
300
Delisted Waste Disposal Area
45,000
22,250
2,250
Industrial Waste Disposal Area
3,100
1,500
350
Solid Waste Compost Site
3,100
1,500
350
Materials Recovery Facility
1,500
500
250
Solid Waste Transfer Station
500
250
150
Other Solid Waste Processing Facility
750
375
100
Land Application Unit for Repeated Disposal or
				  Treatment of Special Waste
3,100
1,500
350
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - PERMIT APPLICATION FEES › Section 132-9-004 - Fees for Multiple Facilities on Same Location

Current through June 17, 2024
For facilities which are located on the same premises, fees shall be
	 equal to the highest fee required for any type of facility plus 20% of the
	 initial fee for each of the remaining facilities. This same method shall be
	 used for fees required for major modifications to facilities on the same
	 premises.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - ANNUAL OPERATING FEES › Section 132-10-001 - Facilities Affected

Current through June 17, 2024
Any owner or operator of a solid waste management facility falling
	 under the provisions of
001
of Chapter 9 of these
	 regulations shall pay to the Department an annual operating fee in the amount
	 set out below in
004
of this
	 chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - ANNUAL OPERATING FEES › Section 132-10-004 - Fee Schedules

Current through June 17, 2024
004.01 The annual operating fee for a
  facility under
001
of Chapter 9 of these regulations
  shall be:
Municipal Solid Waste Disposal Area
$ 7,500
Construction Demolition Disposal Area
750
Fossil Fuel Combustion Ash Disposal Area
1,000
Delisted Waste Disposal Area
45,000
Industrial Waste Disposal Area
2,100
Solid Waste Compost Site
2,100
Materials Recovery Facility
1,500
Solid Waste Transfer Station
500
Other Solid Waste Processing Facility
500
Land Application Unit for Repeated Disposal or
				  Treatment of Special Waste
2,500
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - ANNUAL OPERATING FEES › Section 132-10-005

Current through June 17, 2024
For multiple facilities which are located on the same premises, the
	 annual operating fee shall be equal to the highest single fee required plus 20%
	 of the annual fee for any additional facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - DISPOSAL FEES › Section 132-11-001 - Disposal Fees

Current through June 17, 2024
An owner or operator of a municipal solid waste disposal area regulated
	 by the Department or a permitted solid waste processing facility that
	 transports solid waste out of State for disposal shall remit to the Department
	 in the manner prescribed below a fee based on the volume or weight of solid
	 waste entering the municipal solid waste disposal area or transported out of
	 State from a permitted solid waste processing facility.
001.01 The fee imposed by
001
of this chapter for disposing of solid waste in
  municipal solid waste disposal areas regulated by the Department shall be:
001.01A For each six (6) cubic yards of
  uncompacted solid waste: $ 1.25; or
001.01B For each three (3) cubic yards of
  solid waste which has been compacted by a compacting machine: $ 1.25;
  or
001.01C For each ton of solid
  waste: $ 1.25.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - DISPOSAL FEES › Section 132-11-002 - Weight or Volume Information

Current through June 17, 2024
It shall be the responsibility of an owner or operator to determine the
	 weight or volume of solid waste entering the municipal solid waste disposal
	 area each day.
002.01 The owner or
  operator shall record or cause to be recorded the following information on each
  incoming load of solid wastes or recyclables:
002.01A The facility's name or permit
  number;
002.01B The solid waste
  jurisdiction area;
002.01C The name
  and address of the owner of the vehicle carrying the load and the vehicle's
  number, if any;
002.01C1 If the truck does
  not have a number, the driver of the truck shall describe the make, model, and
  capacity of the truck as fully as possible.
002.01D The actual or estimated load weight
  or load volume;
002.01E Type of
  material or materials: recyclables, solid wastes, inert materials (such as
  construction or demolition wastes), special wastes, etc.; and
002.01F Type of route if applicable:
  commercial, industrial, residential or any combination.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - DISPOSAL FEES › Section 132-11-003 - Penalty for Non Payment

Current through June 17, 2024
If an owner or operator fails to pay his or her quarterly disposal fee
	 by the date given in
001.02A
of this chapter, the
	 Department shall assess on the amount due an interest penalty at the rate
	 specified in Section
	 45-104.02,
	 as such rate may from time to time be adjusted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-001 - Purpose

Current through June 17, 2024
The purpose of this chapter is to govern the application and reporting
	 requirements for a rebate of a portion of the disposal fee mandated by
Neb
.
Rev
.
Stat
. §
									13-2042.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-002 - Eligible Applicant

Current through June 17, 2024
An eligible applicant is any municipality or county which has a defined
	 solid waste jurisdictional area and owns or operates or has a contract with a
	 solid waste management disposal area or permitted solid waste processing
	 facility transporting solid waste out of State.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-003 - Application Procedures

Current through June 17, 2024
Applications meeting the following conditions will be considered for
	 obtaining the rebate of the disposal fee:
003.01 Rebate application deadline
Applications may be submitted at any time during the year. Rebate of
	 the disposal fee will be considered for the first full calendar year quarter
	 following application approval.
003.02 Application Address
All applications shall be submitted to the Lincoln office of the
	 Nebraska Department of Environmental Quality, Integrated Waste Management
	 Section at the address stated on the application form.
003.03 Application Content
An application shall be on a form prescribed by the Department which
	 includes the following information:
003.03A Name and address of
  applicant.
003.03B A copy of the
  written Purchasing Policy in effect and a certification signed by the chief
  executive officer confirming that the policy is currently in effect.
003.03C The signature of the applicant's
  chief executive officer or authorized agent.
003.03D Any other information required by the
  Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-004 - Minimum Purchasing Policy Content

Current through June 17, 2024
The Purchasing Policy must contain, at a minimum, the following
	 provisions:
004.01 The policy shall
  provide identification of any recycled products, materials, or supplies that
  the municipality or county intends to purchase and a list of all departments
  required to follow the Purchasing Policy.
004.02 The policy shall indicate that bid
  specifications have been revised to provide for preferences and/or set asides
  for recycled products, materials, or supplies. The policy shall stipulate that
  the recycled products, materials, or supplies shall consist of at least 10%
  post-consumer material, unless otherwise approved by the Director, as a minimum
  content standard.
004.03 The policy
  shall provide that the preference or set aside shall not operate when it would
  result in the purchase of products, materials, or supplies which are of
  inadequate quality as determined by the municipality or county.
004.04 The municipality or county will strive
  to continually increase the percentage of total annual purchases of products,
  materials, or supplies manufactured or produced from post-consumer
  material.
004.05 The municipality
  or county will continually strive to annually increase the types and variety of
  products, materials, or supplies purchased that are manufactured or produced
  from post-consumer material.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-005 - Application Rejection

Current through June 17, 2024
Applications may be rejected by the Department, as a result of, but not
	 limited to, any of the following reasons:
005.01 Failure to comply with the
  requirements as stated in these regulations.
005.02 Falsification or misrepresentation of
  information.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-006 - Rebate Suspension

Current through June 17, 2024
The rebate may be suspended by the Department, as a result of, but not
	 limited to, any of the following reasons:
006.01 The municipality or county is not
  following the Purchasing Policy as presented in the approved
  application.
006.02 A determination
  by the Department of Environmental Quality or by the Department of
  Administrative Services that the municipality's or county's Purchasing Policy
  is not effective in assuring a preference to products, materials, or supplies
  which are manufactured or produced from post-consumer material.
006.03 Failure to comply with Department
  audit requirements.
006.04 Failure
  to provide required tonnage reports by specified deadlines.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-007 - Reinstatement of Suspended Rebate

Current through June 17, 2024
The municipality or county must provide the documentation and
	 information required by the Department to initiate a reinstatement of the
	 suspended rebate.
007.01 To obtain a
  reinstatement, the Department must determine that the municipality or county is
  complying with the requirements of this chapter.
007.02 The Department must determine that the
  municipality or county is providing a preference to products, materials, or
  supplies which are manufactured or produced from post-consumer material
  pursuant to their written Purchasing Policy which has been submitted to and
  approved by the Department subsequent to the suspension.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-008 - Appeals

Current through June 17, 2024
Any suspension of the rebate or denial of an application made under
	 these rules and regulations may be appealed. The appeal shall be in accordance
	 with the Administrative Procedure Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-009 - Annual Purchasing Reports

Current through June 17, 2024
The rebate recipient shall submit annual reports to the Department of
	 Environmental Quality before April 1 of each year, in order to continue
	 receiving the rebate. The annual purchasing report shall provide the following
	 information on a form prescribed by the Department:
009.01 A summary of accomplishments
  addressing those objectives and goals stated in the approved application,
  including the past year's percentage of total purchases applied to products,
  materials, or supplies manufactured or produced from post-consumer
  material.
009.02 A description of
  the recordkeeping system being used to keep an accurate record of purchases of
  recycled products, materials, or supplies.
009.03 A list of all departments or
  governmental subdivisions participating in and using the Purchasing
  Policy.
009.04 A list of products,
  materials, and supplies purchased in accordance with the Purchasing Policy, and
  of recycled products reviewed for purchase.
009.05 Any revisions or modifications to the
  present Purchasing Policy. Modifications or revisions must be within the scope
  of the originally approved application.
009.06 Any other information required by the
  Department.
009.07 A copy of the
  contract or a description of the arrangements the municipality or county has
  with a permitted municipal solid waste disposal area and with solid waste
  haulers, including names and addresses.
009.08 A description of the recordkeeping
  system that will provide the Department with an accurate accounting of the
  amount of waste disposed at the municipal solid waste disposal area from the
  described solid waste jurisdictional area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-010 - Tonnage Reports

Current through June 17, 2024
The rebate recipient shall submit required tonnage reports to the
	 Department of Environmental Quality on a schedule agreed upon between the
	 municipality or county and the department. The schedule shall be no more often
	 than quarterly and no less often than annually. The tonnage report shall be on
	 a form prescribed by the Department which consists of the following:
010.01 A complete description and
  geographical definition of the municipality's or county's solid waste
  jurisdictional area.
010.02 The
  name and address of the permitted municipal solid waste disposal area where the
  waste was disposed or the name and address of the permitted solid waste
  processing facility that transported solid waste out of State.
010.03 An accurate accounting of the cubic
  yards and/or tons of waste disposed at a permitted municipal solid waste
  disposal area that originated from the municipality's or county's defined solid
  waste jurisdictional area.
010.04
  Any other information required by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-011 - Disbursement of Rebate

Current through June 17, 2024
The Department shall rebate to the municipality or county of origin ten
	 cents of the disposal fee required by Chapter 11,
001
,
	 for each six (6) cubic yards of uncompacted solid waste, for each three (3)
	 cubic yards of compacted solid waste, or for each ton of solid waste disposed
	 at a permitted municipal solid waste disposal area.
011.01 Rebates shall be disbursed to an
  approved applicant on or before the thirtieth day after receipt of the required
  tonnage report from the municipality or county of origin submitted in
  accordance with Section
010
of this chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-012 - Audits

Current through June 17, 2024
Rebate recipients shall be subject to audits by the Department or its
	 agents. Audits may include, but are not limited to, on-site inspections and
	 review of financial records and relevant documents relating to the rebate and
	 disposal fee program. Records shall be made available to the Department for the
	 three (3) previous calendar years. The rebate recipient shall be responsible
	 for making the following records available to the Department upon
	 request:
012.01 Documentation of
  modifications to purchasing specifications and/or solicitation for bids and
  proposals to ensure that the municipality or county buys products, materials,
  or supplies manufactured or produced from post-consumer material.
012.02 Financial records, copies of all
  receipts, and other relevant materials to document expenditures for products,
  materials, or supplies manufactured or produced from post-consumer
  material.
012.03 Documentation used
  to calculate the cubic yards and/or tons of waste originating from the county's
  or municipality's solid waste jurisdictional area.
012.04 Documentation of the percentage of
  post-consumer material actually used in the products, materials, or supplies
  purchased in accordance with the Purchasing Policy.
012.05 Any other information required by the
  Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - DISPOSAL FEE REBATES › Section 132-12-013 - Penalties

Current through June 17, 2024
Penalties may result from a violation of these regulations or specific
	 rebate conditions. Penalties shall include suspension of rebate, reimbursement
	 of rebate funds, or both.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - SPECIAL WASTES › Section 132-13-001

Current through June 17, 2024
No person shall dispose of a special waste at any place except a
	 permitted solid waste disposal area which is operated and maintained in
	 compliance with Department regulations and authorizations, unless the
	 Department grants prior written approval for an alternate location and
	 management method.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - SPECIAL WASTES › Section 132-13-002 - Classification

Current through June 17, 2024
Wastes shall be classified as special wastes by the Department on a
	 case-by-case basis. The Department shall make a determination based upon the
	 characteristics and properties of the solid waste. The Department's
	 determination shall be based upon the following information:
002.01 A general description of the
  waste;
002.02 The source of the
  waste, including the name and address of the generator;
002.03 A description of the industrial
  process which results in the waste, if applicable;
002.04 The quantity of the waste to be
  disposed (volume and/or weight);
002.05 A detailed description or analyses of
  the physical properties of the waste including, but not limited to size,
  density, and percent solids, if applicable;
002.06 A detailed description or analyses of
  the chemical properties of the waste including, but not limited to, pH,
  reactivity, leachability and total metals, if applicable;
002.07 A description or analyses of the
  biological properties of the waste, if applicable, including but not limited
  to, pathogens;
002.08 The liquid
  content, if any, of the waste;
002.09 A description of the method and
  location of the proposed disposal; and
002.10 Any other information about the waste
  as required by the Department in order to make a determination.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - SPECIAL WASTES › Section 132-13-003 - Alternate management methods

Current through June 17, 2024
The Department shall grant prior written approval for alternate
	 locations and management methods for special wastes based on an evaluation of
	 the characteristics and properties of the waste and the suitability of the
	 location and management method proposed. This evaluation will be based on, but
	 not limited to, the following criteria:
003.01 Distance from inhabited residences,
  businesses, or facilities/lands frequented by the public;
003.02 Distance from drinking water wells
  (municipal, domestic, etc.);
003.03
  Distance from any surface water features (ponds, lakes, streams,
  etc.);
003.04 Location within a
  100-year flood plain or within areas designated as wetlands;
003.05 Location within a designated wellhead
  protection area, or other Title 118 -
Ground Water Quality
  Standards and Use Classification
Class GA areas;
003.06 Soil type, permeability and slope of
  land;
003.07 Depth to ground water;
  and
003.08 Any other information
  about the location or management method as required by the
  Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - SPECIAL WASTES › Section 132-13-004 - Infectious wastes

Current through June 17, 2024
Infectious wastes shall not be disposed of at any solid waste disposal
	 area unless such wastes are first rendered non-infectious by incineration,
	 autoclaving, or other treatment method. This provision does not apply to
	 infectious waste from households.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-001 - Disposal of waste tires

Current through June 17, 2024
Land disposal of recyclable waste tires in any form is
	 prohibited.
001.01 For purposes of
  this Title, nonrecyclable tire means a press-on solid tire, a solid pneumatic
  shaped tire, or a foam pneumatic tire and may be land disposed at a permitted
  landfill.
001.02 No person shall
  accumulate more than five hundred (500) passenger tire equivalents (PTE) of
  waste tires for more than one (1) year; except:
001.02A Waste Tire Processor or Recycler. A
  waste tire processor or recycler may accumulate more than five hundred (500)
  PTE in a calendar year for the purpose of reusing, recycling or shipping the
  waste tires out of state. However, the amount of tire material reused, recycled
  or shipped out of state must equal at least seventy-five percent (75 %) by
  weight of such material accumulated by January 1st
  of that calendar year. Failure to reuse, recycle or ship out of state
  seventy-five percent (75%) of such material in one (1) calendar year shall be
  deemed speculative accumulation or disposal and is prohibited. Written
  documentation that verifies seventy-five percent (75%) of waste tire material
  was reused, recycled or shipped out of state within one (1) calendar year rests
  with the person accumulating the waste tires.
001.02B Tire Retailer. A tire retailer may
  accumulate more than five hundred (500) PTE of waste tires for less than one
  (1) year for the purpose of transporting the waste tires offsite for reuse,
  recycling, or shipment out of state.
001.02C Permitted Solid Waste Disposal Area.
  A permitted solid waste disposal area may accumulate more than five hundred
  (500) PTE of waste tires for less than one (1) year for the purpose of
  transporting the waste tires offsite for reuse, recycling, or shipment out of
  state.
001.02D Other Collector. Any
  person may accumulate more than five hundred (500) PTE of waste tires for the
  purpose of transporting the waste tires offsite for reuse, recycling, or
  shipment out of state provided the waste tire material is accumulated in no
  more than two (2) containers for less than one (1) year.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-002

Current through June 17, 2024
Any person storing or accumulating any number of waste tires
	 must:
002.01 Provide measures to
  minimize risks to public health and welfare caused by disease-carrying insects
  and rodents;
002.02 Locate the
  waste tire accumulation outside all wetlands;
002.03 Comply with the State Fire Marshal
  regulations, Title 153, Nebraska State Fire Code Regulations, concerning waste
  tire management.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-003

Current through June 17, 2024
Waste tires are not considered disposed if they are:
003.01 Beneficially reused in accordance with
  Section
006
of this chapter;
003.02 Processed into crumb rubber form and
  reused or recycled in manufactured products such as, but not limited to,
  products used for schools, playgrounds, and residential, lawn, and garden
  applications; or for use as rubber modified asphalt for road
  construction;
003.03 Used as
  tire-derived fuel in accordance with a permit issued under Title 129, Nebraska
  Air Quality Regulations;
003.04
  Retreaded;
003.05 Processed into
  chip or shred form and used as drainage media in landfill construction or
  septic drain fields;
003.06 Used as
  raw material in steel making;
003.07 Processed into chip or shred form and
  used as alternative daily cover in a landfill in accordance with Chapter 3,
004.17B2
;
003.08 Processed into chip or shred form for
  a civil engineering project if such project is designed and constructed by an
  engineer registered in compliance with the Engineers and Architects Regulation
  Act and prior approval for such project is obtained from the Department by the
  waste tire processor and the end user. The use of chips and/or shreds in civil
  engineering projects shall conform to the Material Characterization Test
  Methods and Construction Practices as contained within the American Society for
  Testing and Materials (ASTM) Standard Practice for Use of Scrap Tires in Civil
  Engineering Applications, D 6270-98, as incorporated herein by reference.
  Departmental approval is not necessary for chipped or shredded tire projects
  involving three thousand five hundred (3,500) or less PTE of waste tires if the
  Department receives notification of the project at least thirty (30) days prior
  to any construction of such project. The notification shall contain the
  following:
003.08A Name and address of the
  waste tire processor and end user;
003.08B Location of the project;
  and
003.08C A description of the
  type of the project, the number of PTE of waste tires to be used, and any
  additional information the Department determines is necessary.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-004

Current through June 17, 2024
On or after September 1, 2003, placing or causing the placement or
	 disposal of waste tires in any form into the waters of the state is prohibited
	 except for use as specified in Section
006
of this
	 chapter. Compliance with the provisions of Section
006
of this chapter is not an exemption from other local, state or federal
	 requirements.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-005

Current through June 17, 2024
Any person who accumulates waste tires in violation of Section
001
of this chapter and that accumulation is the
	 subject of abatement or cleanup, shall be liable to the State of Nebraska for
	 the reimbursement of expenses of such abatement or cleanup paid by the
	 Department of Environmental Quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-006 - Beneficial reuse of waste tires

Current through June 17, 2024
Beneficial reuse shall mean waste tires used for agricultural purposes
	 as defined in Chapter 1; as fish habitat; as blowout stabilization; tire mats
	 for bank stabilization; or burned for energy recovery.
006.01 The following are standards and
  criteria for specific approved beneficial reuse of waste tires:
006.01A Stream bank, lake bank and culvert
  outlet mats using whole waste tire mats, constructed as follows:
006.01A1 The whole waste tires shall be
  placed in a single layer, with waste tires bonded together with a
  non-corrodible connector;
006.01A2
  The whole waste tires shall all be drilled or punctured with at least one ( 1.0
  ) inch diameter hole(s) to allow outflow of air to prevent flotation. The whole
  waste tires shall be oriented in the mat such that the hole(s) prevent
  flotation during submerged conditions;
006.01A3 The bonded whole waste tire mat
  shall be anchored with cable of at least 0.5 inches in diameter;
006.01A4 The cables shall then be fastened to
  buried anchors made of treated timbers or concrete, at least every 50 feet
  along the top and sides and at the rate of one (1) anchor per one thousand
  square feet (1,000 ft2) of the waste tire mat face
  and at the rate of one (1) anchor per one hundred fifty square feet (150
  ft2) of waste tire mat resting on the bottom of the
  stream, lake or culvert channel;
006.01A5 The whole waste tire mat should
  extend four (4) to six (6) feet into the stream channel, lake bottom or culvert
  channel bottom and shall be vertically entrenched at least one (1) tire width
  in the bottoms to avoid undercutting;
006.01A6 The outermost row in the flow
  bottom(s) shall be filled with rocks or concrete debris sized to remain in
  place when subjected to the velocities of the design storm;
006.01A7 Vegetation shall be planted in and
  around the whole waste tire mat; rows within the waste tire mat that are too
  wet for vegetation establishment shall be filled with rocks or concrete debris
  sized to remain in place under the velocities of the design storm;
006.01A8 Each whole waste tire mat shall be
  shown to be stable when subjected to the velocity of the design flow(s) by
  standard hydraulic equations, which utilize verifiable hydraulic
  constants.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-007 - Waste tire hauler permit

Current through June 17, 2024
Any person, business, or other entity engaged in the business of
	 picking up, hauling, and transporting waste tires for accumulation, processing,
	 or recycling shall obtain a permit from the department before engaging in such
	 activity.
007.01 Exceptions
007.01A A transporter of new or used tires to
  the manufacturer for warranty adjustments;
007.01B A tire retailer engaged in hauling
  their own tires;
007.01C An owner
  or operator of a permitted municipal solid waste disposal area who is not in
  the business of hauling waste tires;
007.01D A farmer or rancher or other person
  hauling their own waste tires they generate for uses allowed by these
  regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-008 - Submittal

Current through June 17, 2024
Applicants shall submit an original application to the Lincoln office
	 of the Nebraska Department of Environmental Quality, Waste Management Section.
	 Applicants shall retain a copy of the application for their
	 records.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-009

Current through June 17, 2024
All permit applications and any supplemental application material
	 submitted to the Department, as required in Section
008
of this chapter, shall be signed:
009.01 In the case of a corporation, by a
  principal executive officer of at least the level of vice-president;
009.02 In the case of a partnership or sole
  proprietorship, by a general partner or the sole proprietor,
  respectively;
009.03 In the case of
  a municipal, state, federal, or other public entity, by either a principal
  executive officer or ranking elected official.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-010 - General Conditions

Current through June 17, 2024
The Department shall impose such conditions in a permit as may be
	 necessary to accomplish the purposes of applicable laws and these regulations,
	 and as may be necessary to ensure compliance with applicable laws, regulations,
	 and standards. The following conditions apply to all permits:
010.01 Permits for waste tire haulers shall
  expire not more than one (1) year following the date of issuance as determined
  by the Department.
010.02 A
  permittee shall fulfill all reporting requirements of the permit; and
010.03 A permittee shall comply with all
  other applicable local, state, and federal requirements; and
010.04 A permittee shall allow full access to
  existing and available records, and shall allow Department inspectors entry and
  access, during reasonable hours, to any building, area, or place, for
  inspection purposes; and
010.05 A
  permittee must, upon request, provide proof of operating under a valid permit
  issued by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-011

Current through June 17, 2024
The permit application for a waste tire hauler shall include, but not
	 be limited to, the following information:
011.01 A description of the geographical area
  the waste tire hauler will serve or is currently serving;
011.02 A description of where the waste tires
  will be or are currently collected and delivered or deposited; and
011.03 An estimate of the quantity and type
  of waste tires that will be transported quarterly.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-012 - Annual Report: Waste Tire Hauler

Current through June 17, 2024
A permittee shall submit for each permit an annual report containing
	 the information required by this section. The annual report shall cover
	 activities for a designated twelve-month (12) period that will be established
	 as a general permit condition. Records shall be kept at the location in which
	 waste tire business is conducted or permittee must notify the Department of an
	 alternate location.
012.01 Annual
  Report Criteria
A permittee shall file an annual report including, but not limited to,
	 the following criteria:
012.01A The
  permittee name, address, and permit number;
012.01B The name, address and telephone
  number of the owner(s) and/or operator(s); and
012.01C The name and location of the
  business/individual where the waste tires were collected. Specify the annual
  quantity or weight and type of waste tires collected at each location;
  and
012.01D The name and location
  of the business/individual where the waste tires were delivered. Specify the
  annual quantity or weight and type of waste tires delivered to each
  location.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-013 - Grounds for Permit Denial

Current through June 17, 2024
013.01 The Director may deny a permit on any
  of the following grounds:
013.01A The permit
  application does not comply or assure compliance with the applicable
  requirements of local, state, and federal laws and rules and
  regulations;
013.01B Making any
  false statement, representation or certification in the application, record,
  report, plan or any other document required by the department;
013.01C Upon a request for renewal, the
  permittee has not complied with all terms, conditions, requirements, and
  schedules of compliance of the existing permit;
013.01D The applicant, partner, officer, or
  majority shareholder has violated other permits, rules and regulations or other
  laws of the State of Nebraska.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-014 - Modifying, Suspending, Revoking Permits

Current through June 17, 2024
014.01 Any permit issued by the Director may
  be modified, suspended, or revoked, in whole or in part, during its term for
  cause including, but not limited to:
014.01A
  A violation of any terms or conditions of the permit or these rules and
  regulations;
014.01B Obtaining a
  permit by misrepresentation of any relevant facts or failure to disclose fully
  all relevant facts;
014.01C
  Information indicating that the activity or operation poses a threat to human
  health and the environment;
014.01D
  A change in the standards or regulations on which the permit was
  based;
014.01E Upon request by the
  permittee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-015 - Modification Required

Current through June 17, 2024
A modification to the existing permit must be completed by the
	 permittee and provided to the Department for approval within thirty (30) days
	 of any changes to their permitted operations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-016 - Filing for Renewal: Expiring Permit

Current through June 17, 2024
016.01 Permits shall expire not more than one
  (1) year following the date of the issuance as determined by the
  Department.
016.02 All permit
  renewal requests must be accompanied with an annual report of the previous
  year's activities in accordance with Section
012
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-017 - Financial Assurance Required

Current through June 17, 2024
A permitted tire hauler shall establish financial assurance by
	 obtaining one or more of the financial assurance mechanisms approved by the
	 Department under Chapter 8, Sections
011
,
012
and
018
. The amount of
	 financial assurance required as a condition to obtaining a permit shall be
	 based on the following:
017.01 Waste
  tire hauler
A permitted waste tire hauler that does not collect, recycle or
	 process waste tires shall establish financial assurance in an amount equal
	 to:
017.01A Five thousand dollars ($5,
  000.00) for any permitted hauler that picks up, hauls, or transports one
  hundred thousand (100,000) PTE or less of waste tires per year; or
017.01B Ten thousand dollars ($10, 000.00)
  for any permitted hauler that picks up, hauls, or transports more than one
  hundred thousand (100,000) PTE of waste tires per year.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-018 - Financial Assurance

Current through June 17, 2024
Tire haulers must establish financial assurance in accordance with
	 Sections
017.01
and
017.02
and provide continuous coverage until released from the financial assurance
	 requirements. The instruments shall satisfy the following criteria:
018.01 The financial assurance mechanism must
  ensure that funds will be available to the Department in a timely fashion when
  needed;
018.02 The financial
  assurance mechanisms must be legally valid, binding, and enforceable under
  State and Federal law.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - Waste Tires › Section 132-14-019 - Forfeiture

Current through June 17, 2024
The Director shall declare all or any appropriate part of financial
	 assurance for any permit as forfeited if he or she determines that:
019.01 The owner or operator has violated any
  of the terms or conditions of its permit and/or financial assurance including
  damages caused by improper disposal of waste tires.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - ACCUMULATION OF JUNK › Section 132-15-001

Current through June 17, 2024
No property owner or person in lawful possession of property shall
	 allow the accumulation of junk on property, that is not purely agricultural in
	 character, to the extent that such accumulation is a potential hazard to
	 health.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - ACCUMULATION OF JUNK › Section 132-15-002

Current through June 17, 2024
The Director, or an authorized representative, shall have the power to
	 investigate all complaints of accumulation of junk and if it is found that the
	 property owner or person in lawful possession of the property has allowed an
	 unlawful accumulation of junk, notice shall be given to the owner or person in
	 lawful possession of the property by certified or registered mail to remove the
	 accumulation within thirty (30) days
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - ACCUMULATION OF JUNK › Section 132-15-003

Current through June 17, 2024
When any property owner or person in lawful possession of property
	 fails or refuses to remove an accumulation of junk, as directed by the Director
	 as provided above, the Director shall request that the county attorney of the
	 county in which the property is located or the Attorney General prosecute the
	 property owner or person in lawful possession of the property for a violation
	 of the Environmental Protection Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PROHIBITED LAND DISPOSAL OF CERTAIN SOLID WASTES › Section 132-16-001 - Prohibited land disposal of certain solid wastes

Current through June 17, 2024
Unless otherwise specified, the following solid wastes are prohibited
	 from land disposal:
001.01 A landfill
  may accept yard waste without condition from December 1 through March 31 of
  each year;
001.01A A landfill may accept yard
  waste year-round if such yard waste;
001.01A(1) Will be used for the production
  and recovery of methane gas for use as fuel:
001.01A(1)(a) With the approval of the
  department; and
001.01A(1)(b) At a
  landfill operating as a solid waste management facility with a permit issued
  pursuant to the department's rules and regulations; or