reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PLASTIC CONTAINER CODING › Section 132-17-001 - Applicability

Current through June 17, 2024
No person shall manufacture or distribute a plastic bottle or rigid
	 plastic container unless such bottle or container is imprinted with a code
	 identifying the appropriate resin type used to produce the structure of the
	 container.
001.01 The code shall
  identify the appropriate resin type used to produce the structure of the
  container. The code shall consist of a number placed within three triangulated
  arrows and letters placed below the triangle of arrows. The triangulated arrows
  shall be equilateral, formed by three arrows with the apex of each point of the
  triangle at the midpoint of each arrow, rounded with a short radius. The
  arrowhead of each arrow shall be at the midpoint of each side of the triangle
  with a short gap separating the arrowhead from the base of the adjacent arrow.
  The triangle, formed by the three arrows curved at their midpoints, shall
  depict a clockwise path around the code number. The number and letter codes
  shall be:
1 and PETE, representing
  polyethylene terephthalate;
2 and
  HDPE, representing high density polyethylene;
3 and V, representing vinyl;
4 and LDPE, representing low density
  polyethylene;
5 and PP,
  representing polypropylene;
6 and
  PS, representing polystyrene; and
7
  and OTHER.
Click
	 here to view
For illustrative purposes only.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - GENERAL PROVISIONS › Section 132-18-001

Current through June 17, 2024
Failure to comply with these regulations may be grounds for
	 administrative enforcement proceedings as provided by §
									81-1507,
	 or court proceedings brought by the county attorney or Attorney General
	 pursuant to §
									81-1508,
	 and a mandatory injunction.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - GENERAL PROVISIONS › Section 132-18-002

Current through June 17, 2024
If any clause, paragraph, subsection, or section of these regulations
	 shall be held invalid, it shall conclusively be presumed that the Environmental
	 Quality Council would have enacted the remainder of these regulations not
	 directly related to such clause, paragraph, subsection or
	 section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - GENERAL PROVISIONS › Section 132-18-004

Current through June 17, 2024
These rules and regulations may be amended or repealed pursuant to the
	 Rules of Practice and Procedures of the Department of Environmental Quality,
	 which procedure shall conform to §
									84-901
	 through §
									84-919.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 133 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - LITTER REDUCTION AND RECYCLING GRANTS › Section 133-1-001 - Definitions

Current through June 17, 2024
001.01 "Grant recipient" means any person or
  their authorized agent who has been awarded a grant.
001.02 All other terms will be defined as set
  forth in Neb. Rev. Stat. §§
									81-1536.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 133 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - LITTER REDUCTION AND RECYCLING GRANTS › Section 133-1-003 - Grant Agreement

Current through June 17, 2024
In order to receive funds from a grant pursuant to the Nebraska Litter
	 Reduction and Recycling Act and these regulations, a grant recipient will enter
	 into a grant agreement with the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 133 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - LITTER REDUCTION AND RECYCLING GRANTS › Section 133-1-004 - Falsification, concealment, or misrepresentation

Current through June 17, 2024
An application may be denied or a grant may be terminated if an
	 applicant or grant recipient falsifies, conceals, or misrepresents any
	 information provided to the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 133 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - LITTER REDUCTION AND RECYCLING GRANTS › Section 133-1-005 - Penalties

Current through June 17, 2024
In addition to denial of an application and the termination of a
	 grant, any person who fails to comply with all applicable local, state, and
	 federal statutes, rules, regulations, ordinances, or orders may be disqualified
	 from future grants at the discretion of and for a time period specified by the
	 Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 133 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - LITTER REDUCTION AND RECYCLING GRANTS › Section 133-1-006 - Eligibility

Current through June 17, 2024
A person must have the authority to transact business in the State of
	 Nebraska in order to be eligible to receive funds from a grant pursuant to the
	 Nebraska Litter Reduction and Recycling Act and these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-001 - Aquifer

Current through June 17, 2024
"Aquifer" shall mean a geological "formation", group of formations or
	 part of a formation that is capable of yielding a useable amount of water to a
	 well or spring.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-005 - Formation

Current through June 17, 2024
"Formation" shall mean a body of rock characterized by a degree of
	 lithologic homogeneity which is prevailing, but not necessarily, tabular and is
	 mappable on the earth's surface or traceable in the
	 subsurface.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-009 - Mineral Exploration Hole

Current through June 17, 2024
"Mineral Exploration Hole" shall mean a hole bored, drilled, driven,
	 or dug in the act of exploring for a "mineral resource" other than oil or
	 gas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-010 - Mineral Resource

Current through June 17, 2024
"Mineral Resource" shall mean mineral substances found in the form of
	 consolidated rock or unconsolidated material, commingled, in solution, or
	 otherwise occurring beneath the surface or in the waters of the State from
	 which any product useful to humans may be produced, extracted, or obtained, but
	 excluding oil and gas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-012 - Person

Current through June 17, 2024
"Person" shall mean any individual, partnership, association, public
	 or private corporation, trustee, receiver, assignee, agent, municipality, or
	 other governmental subdivision, public agency, officer, or governing or
	 managing body of any municipality, governmental subdivision, or public agency,
	 or any other legal entity except the Department of Environmental
	 Control.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-013 - Plug (or Plugging)

Current through June 17, 2024
"Plug (or Plugging)" shall mean the act or process of sealing the flow
	 of fluid into or out of a "formation" through a hole penetrating that
	 formation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-014 - Restoration

Current through June 17, 2024
"Restoration" shall mean the employment, during and after an activity,
	 of procedures reasonably designed to control, minimize, and eliminate hazards
	 to humans, animals, and the environment, to protect the public health and
	 welfare and air, land, water, and subsurface resources, and to return each
	 resource to a quality of use consistent with the "uses for which the resource
	 was suitable" prior to the activity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-015 - Total dissolved solids (TDS)

Current through June 17, 2024
"Total dissolved solids (TDS)" shall mean the concentration of all
	 dissolved matter and is generally expressed in milligrams per liter
	 (mg/1).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 1 - DEFINITIONS › Section 135-1-016 - Trade Secret

Current through June 17, 2024
"Trade Secret" shall mean a formula, pattern, device or compilation of
	 information which is used in one's business and which gives one the opportunity
	 to obtain advantage over competitors who do not know or use it. A plan or
	 process, tool, mechanism or compound known only to its owner and those of his
	 employees to whom it is necessary to confide. A secret formula or process not
	 patented, but known only to certain individuals using it and compounding some
	 article of trade having a commercial value.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 2 - AUTHORIZATION BY PERMIT; WHEN REQUIRED › Section 135-2-002

Current through June 17, 2024
Any person conducting the drilling, driving, boring, or digging of
	 mineral exploration holes on the effective date of these regulations who would
	 have been required to apply for a permit under this Title may continue
	 operations but shall, within thirty days thereafter, file an application with
	 information required in Chapter 3. A report to indicate the requirements of
	 Chapter 5 have been or are being met shall be required if operations cease
	 between the effective date of these regulations and the thirty day filing
	 requirement of this section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 3 - PERMIT APPLICATION; INFORMATION REQUIREMENTS, CONFIDENTIALITY › Section 135-3-002

Current through June 17, 2024
An application will include:
002.01 The name and legal mailing address of
  the operators and their lessees, assignees, or designees.
002.02 A map showing the township, range and
  section(s) in which the mineral exploration hole activity will take place and a
  description of the activities which will include the number of exploration
  holes and the disturbed area per exploration hole; and
002.03 Information sufficient to describe or
  identify the type of operations proposed and how they would be conducted,
  including the approximate depth of each test hole, the period during which the
  proposed activity will take place, and the measures to be taken to meet the
  requirements for environmental protection in Chapter 5.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 3 - PERMIT APPLICATION; INFORMATION REQUIREMENTS, CONFIDENTIALITY › Section 135-3-004

Current through June 17, 2024
All information and data submitted by the applicant shall be available
	 for examination by the public except specifically identified information and
	 data submitted in writing by the applicant as confidential concerning trade
	 secrets as determined by the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 4 - PERMIT CONDITIONS; GENERAL › Section 135-4-001

Current through June 17, 2024
The permittee must comply with all conditions of the permit. Any
	 permit noncompliance constitutes a violation of Neb. Rev. Stat. §§
									81-1501
	 to
	 81-1533, and
	 is grounds for enforcement action and/or for permit
	 termination.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 4 - PERMIT CONDITIONS; GENERAL › Section 135-4-002

Current through June 17, 2024
If the permittee wishes to continue an activity regulated by the
	 permit after the expiration date of the permit, the permittee must apply for an
	 extension of the permit at least seven days prior to the expiration
	 date.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 4 - PERMIT CONDITIONS; GENERAL › Section 135-4-004

Current through June 17, 2024
The permittee shall maintain financial responsibility (Chapter 7) to
	 permanently plug the exploratory holes and restore the associated pits and the
	 affected resources in accordance with Chapter 5.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 5 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION › Section 135-5-001

Current through June 17, 2024
All operations shall be conducted so as to minimize adverse impacts on
	 the State's air, water, land and subsurface resources, by consideration of the
	 following:
001.01 Air Quality
Operator shall comply with applicable Federal and State air quality
	 standards, including the requirements of the Clean Air Act, as amended (
	 42 U.S.C.
	 7401 et seq.);
001.02 Water Quality
Operator shall comply with applicable Federal and State water quality
	 standards, including regulations issued pursuant to the Federal Water Pollution
	 Control Act, as amended (
	 33 U.S.C.
	 1251 et. seq.), and section 002.01 of this
	 Chapter;
001.03 Land Quality
Operator shall comply with applicable Federal and State standards for
	 the disposal and treatment of solid wastes and section 002.02 of this Chapter.
	 All garbage, refuse, or waste shall either be removed or disposed of or treated
	 so as to minimize its impact on the environment. All cuttings, dumpage,
	 deleterious materials or substances and other waste produced by operations
	 shall be deployed, arranged, disposed of or treated so as to minimize adverse
	 impact upon the environment; and
001.04 Fisheries and Wildlife Habitat
In addition to compliance with all water quality standards and solid
	 waste disposal activities required by this section, operator shall take all
	 practicable measures to maintain and protect fisheries and wildlife habitat
	 which may be affected by the operations. Conditions of the permit shall be
	 specified to protect these resources through consultation with the Nebraska
	 Game and Parks Commission.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 5 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION › Section 135-5-002

Current through June 17, 2024
All mineral exploration holes sunk (drilled, driven, bored, or dug)
	 shall be plugged pursuant to the requirements of this section immediately
	 following collection of the geological and geophysical information.
002.01 Any mineral exploration hole permit
  application must contain a plugging plan to protect against ground water
  contamination from surface contamination, subsurface contamination, and
  commingling of aquifer fluids. Such plan shall indicate to the Department the
  specific procedures and materials to be used for plugging based on the
  knowledge of the area geology.
002.02 Any mineral exploration hole
  activities affecting land resources of the State shall ensure restoration to a
  condition consistent with the land use existing prior to the exploration. The
  restoration shall include, but not be limited to, the following:
002.02A Topsoil to be removed shall be
  stockpiled for final backfill cover;
002.02B Any pits, mud pits, or other
  disturbances shall be backfilled and graded to blend with the surrounding
  surface;
002.02C If vegetative
  cover was disturbed or destroyed, an appropriate seed mix shall be used in the
  first normal period favorable for planting;
002.02D If necessary to assure successful
  revegetation, the drill site area shall be scarified, mulched, and the seed
  covered, or the permittee shall contract with the local Natural Resources
  District to provide the assurance of this subsection and subsection 002.02C
  above; however, the permittee remains responsible for the successful
  revegetation; and
002.02E If
  necessary, any drill cuttings shall be spread to a depth no greater than
  one-half inch or buried in an approved disposal pit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 6 - FINAL REPORT › Section 135-6-001

Current through June 17, 2024
On or before March 31, of each calendar year, the operator conducting
	 the exploration shall submit to the Director a report on all activities
	 conducted from January 1 through December 31 of the previous year
	 including:
001.01 The date of
  completion of plugging of each hole;
001.02 A plat or map at a scale, approved by
  the Department prior to the submittal of the report, showing the location of
  each mineral exploration hole;
001.03 For holes having artesian flow at the
  surface, the estimated rate of flow; and
001.04 A geophysical description which shall
  include:
001.04A A lithologic description of
  each hole comprising:
001.04A1 Identification
  of aquifers and the formation penetrated, excluding information regarding
  mineral occurrence or zonation.
001.04A2 A representative sample of any
  mechanical, electrical, or radiological survey logs but upon request, the
  permittee shall make available all logs existing for the permit area.
001.04A3 Any permittee shall have available
  upon request any geophysical data regarding the hole.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 6 - FINAL REPORT › Section 135-6-002

Current through June 17, 2024
In the case of closely spaced drill holes having similar geologic and
	 hydrologic characteristics, the operator may, with the approval of the
	 Director, submit a single consolidated final report including the locations of
	 all mineral exploration holes, the plugging technique used and typical
	 lithologic description. Upon request by the Department, the permittee shall
	 make available any additional information for any or all holes in the permit
	 area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 6 - FINAL REPORT › Section 135-6-003

Current through June 17, 2024
All information and data submitted in the final report by the
	 permittee shall be available for examination by the public except specifically
	 identified information and data submitted in writing by the applicant as
	 confidential concerning trade secrets as determined by the Director. Trade
	 secrets as determined by the Director shall be held confidential for three
	 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 7 - FINANCIAL RESPONSIBILITY › Section 135-7-001 - General Requirements

Current through June 17, 2024
001.01 Each application for a mineral
  exploration hole permit or a renewal shall be accompanied by a written estimate
  of the costs to undertake measures necessary to prevent contamination of ground
  water having 10,000 mg/1 or less TDS during and after cessation of operations,
  including, but not limited to, the proper plugging of a hole(s).
001.02 After the submission of the estimate
  and as a prerequisite to commencing operations, the Department shall require
  the applicant to provide evidence, to its satisfaction, of financial
  responsibility that monies are available in an amount estimated by the Director
  to be sufficient to:
001.02A Undertake the
  measures specified in 001.01 above; and
001.02B Cover the additional estimated costs
  to the State which may arise from applicable public contracting requirements or
  the need to bring personnel and equipment to the permit area to complete the
  restoration after its abandonment by the permittee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 7 - FINANCIAL RESPONSIBILITY › Section 135-7-002 - Methods of Providing Financial Responsibility

Current through June 17, 2024
The applicant shall choose among the following options in establishing
	 financial responsibility:
002.01 A
  surety bond, payable to the State, and conditioned that, to the amount of such
  bond, the State shall be reimbursed for all costs arising in connection with
  the abandonment, default or other inability of the permittee to meet the
  requirements of these regulations and/or permit conditions and upon
  determination of forfeiture by the Director pursuant to section 005 below. The
  bond shall be executed by a responsible surety company authorized to do
  business in the State of Nebraska.
002.02 A collateral bond, in which case the
  applicant shall deposit, with a bank acceptable to the Department, cash,
  negotiable bonds issued by the United States or the State; or negotiable
  certificates of deposit; or deliver to the Department an irrevocable letter of
  credit of any bank or other savings institution organized or transacting
  business in the United States. The bank shall receive and hold any collateral
  bond in the name of the State, in trust, for the purposes for which the deposit
  is posted. The applicant shall pay all costs of the trust, and shall be paid
  all interest accruing to the account of the trust.
002.03 Any combination of the
  above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 7 - FINANCIAL RESPONSIBILITY › Section 135-7-003 - Terms and Conditions of the Bond

Current through June 17, 2024
003.01 Replacement of Bonds
003.01A The Department may allow the
  permittee to replace an approved bond with another type of bond described in
  002 above, if the liability which has accrued against the permittee on the
  permit area is transferred to such replacement bonds.
003.01B The Department shall not release
  existing bonds until the permittee has submitted and the Department has
  approved acceptable replacement bonds.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 7 - FINANCIAL RESPONSIBILITY › Section 135-7-004 - Release of the Bonds

Current through June 17, 2024
The permittee may file a request with the Department for the release of
	 all or part of a bond. Following public notice, the Department shall release a
	 bond, in whole or in part, when it is satisfied any restoration covered by the
	 bond or portion thereof has been accomplished as required by these
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 7 - FINANCIAL RESPONSIBILITY › Section 135-7-005 - Forfeiture of Bonds

Current through June 17, 2024
005.01 The Director shall declare all or any
  appropriate part of a bond for any permit as forfeited if the Department
  determines that:
005.01A The permittee has
  violated any of the terms or condiitons of the bond and has failed to take
  adequate corrective action; or
005.01B The permittee has failed to conduct
  its operations in accordance with the Nebraska Environmental Protection Act,
  these regulations and the permit within the time period required, and that it
  is necessary, in order to fulfill the requirements of the permit and any
  restoration, to have someone other than the permittee correct or complete such
  work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 8 - FEES › Section 135-8-001 - Permit Processing Fees

Current through June 17, 2024
001.01 A fee shall be assessed from permit
  applicants to process, issue, modify or reissue permits. A permit shall not be
  issued to any applicant until the fees, assessed by the Department, have been
  paid.
001.02 In determining the
  fees, the Department shall calculate and itemize the direct costs associated
  with permit evaluation, processing, and monitoring, including application
  review, meetings and correspondence with the permit applicant, permit research
  and drafting time, necessary travel, technical and administrative review of the
  drafted permit, clerical preparation of the permit and related tasks,
  advertising costs for public notice, review of public comments on the draft
  permit, hearing costs, if applicable, permit processing fee billing, and final
  permit issuance. The Department shall apply the current indirect rate to the
  total direct wages and salary expenses recovered on a quarterly basis. This
  method is the approved agency-wide procedure for recovering indirect costs from
  its federal programs.
001.03 The
  Department shall maintain itemized records of staff time and costs incurred in
  the processing of a permit application. Permit processing fees shall apply
  without regard to whether a permit is issued, denied or requested to be
  inactivated prior to issuance or thereafter.
001.04 Each application for a new or reissued
  permit shall be accompanied by a filing fee of five hundred dollars.
001.05 All fees shall be made payable to the
  State of Nebraska and shall be paid within thirty days of receipt of the
  Department's billing statement. All fees shall be collected by the Department.
001.05A Where the fees assessed in accordance
  with 001.02 above are less than the filing fee set forth in 001.04 above, the
  Department shall refund the balance to the applicant.
001.05B Where the fees assessed in accordance
  with 001.02 above exceed the filing fee set forth in 001.04 above, the
  applicant shall be billed the balance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL › Chapter 8 - FEES › Section 135-8-002 - Annual Permit Administration Fees

Current through June 17, 2024
002.01 An annual administration fee shall be
  assessed to permittees based upon direct and indirect costs.
002.02 In determining the annual fees, the
  Department shall calculate and itemize the costs of monitoring, inspections or
  other site visits, reviewing the compliance to the associated permit
  conditions, general legal costs incurred by the Department, or other tasks
  related to administering the permit program.
002.03 The Department shall maintain itemized
  records of staff time and costs incurred in the administration of a
  permit.
002.04 Permittees shall be
  billed quarterly
All fees shall be made payable to the State of Nebraska and shall be
	 paid within thirty days of receipt of the Department's billing statement.
	 Annual fees not received on the due date shall be subject to a late charge of
	 Twenty-five Dollars and an additonal ten percent per month. All fees shall be
	 collected by the Department. Failure of a permittee to pay the annual fee by
	 the end of the fiscal year (June 30) is a violation of the permit and may
	 result in the revocation of such permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-001 - Definitions

Current through June 17, 2024
001.01 Relevant definitions are located in
  Neb. Rev. Stat. §§
									46-1104
  through
  46-1116.01.
001.02 Restricted use pesticide is defined in
  Neb. Rev. Stat. §
									2-2624(38)
   of the Pesticide Act.
001.03 Accident means the release of a
  chemical by spill, leak, faulty or damaged equipment, or similar instance, onto
  land or into waters of the state in a quantity greater than permitted by the
  product label.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-002 - Applications

Current through June 17, 2024
In addition to the requirements of Neb. Rev. Stat. §
									46-1120,
	 the following information is to be included with any initial or renewal
	 application for a permit required by Neb. Rev. Stat. §§
									46-1117
	 and
	 46-1119.
002.01 Telephone number of
  applicant.
002.02 Calendar year for
  which application is being made.
002.03 Whether the application is for an
  initial, renewal or emergency permit.
002.04 The name(s) of the certified
  chemigation applicator(s), their certification number and the expiration date
  of their certification.
002.05
  Whether the chemical injection equipment to be used is stationary or
  portable.
002.06 Signature of the
  permit applicant and date of signing. The signature must be that of the
  proposed permit holder or a person holding power of attorney from the
  applicant.
002.07 If the
  application is for a renewal permit, the applicant is to list the names and
  estimated amounts of all the chemicals that were used in the chemigation system
  the previous year.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-004 - Subsurface System

Current through June 17, 2024
A person is hereby authorized by rule to inject chemicals for
	 maintenance of a subsurface drip irrigation system once each calendar year,
	 provided:
004.01 The system is
  equipped with an irrigation pipeline check valve: and
004.02 The system is authorized under Title
  122 - Rules and Regulations for Underground Injection and Mineral Production
  Wells: and.
004.03 Any chemical
  that is injected is done so in accordance with label restrictions.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-005 - Posting

Current through June 17, 2024
Signs must be posted on chemigated fields when a restricted use
	 pesticide or a chemical for which the label requires posting is used. The signs
	 are to meet the following requirements:
005.01 Posted at each usual point of entry
  into a treated area and at the point of chemical injection if located outside
  the treated area. Each sign is to be posted in such a manner that it is clearly
  visible and legible.
005.02 Contain
  the words "KEEP OUT, CHEMICAL APPLICATION THROUGH IRRIGATION SYSTEM".
005.03 The lettering clearly contrasts with
  the background and the letters are two and one-half inches in height.
005.04 Posted and maintained during the
  chemigation period and until the end of reentry period as specified by the
  chemical label. The sign will be posted no sooner than 48 hours prior to the
  start of chemigation and be removed, covered, or otherwise made illegible, no
  later than 48 hours after the end of reentry period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-006 - Accident Reporting

Current through June 17, 2024
Notification of a suspected or actual accident will be made by
	 telephone to the Department and the appropriate district during office hours,
	 from 8 a.m. to 5 p.m., Monday through Friday. After hours and holidays, reports
	 will be made to the Nebraska State Patrol. All information known about the
	 accident at the time of discovery is to be included, such as time of
	 occurrence, quantity and type of material, location, and any corrective or
	 cleanup actions presently being taken.
006.01 The applicator or permitholder will
  supply any additional information requested in the course of the investigation
  regarding the amount and type of substance(s) involved, the well and equipment
  involved, and information the applicator or permitholder would reasonably be
  expected to know.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-007 - Investigation and Remediation

Current through June 17, 2024
The procedures outlined in Title 118, - Ground Water Quality Standards
	 and Use Classification, Appendix A, the Ground Water Remedial Action Protocol
	 will apply to the investigation and remedial action for releases and
	 groundwater contamination associated with chemigation systems. The remedial
	 action workplan is to be carried out by the permitholder under the supervision
	 of the Department or the district.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 1 - PERMITS, APPLICATIONS, CERTIFICATION , DUTIES OF PERMITHOLDER › Section 195-1-008 - Certifications

Current through June 17, 2024
Any person who has a certification revoked pursuant to Neb. Rev. Stat.
	 §
									46-1129.01
	 will be afforded an opportunity for a fair hearing as provided in Neb. Rev.
	 Stat. §
									81-1507(2)(3).
	 The hearing will be held upon written application to the director within thirty
	 days after receipt of the notice from the director of such revocation. The
	 hearing will be considered conducted as a contested case subject to Title 115,
	 Rules of Practice and Procedure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 2 - DISTRICT RESPONSIBILITIES › Section 195-2-001 - Fees

Current through June 17, 2024
The district will forward the fees for the first half of the calendar
	 year to the Department by September 1 of the calendar year and the fees for the
	 last half of the calendar year by March 1 of the following year.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 2 - DISTRICT RESPONSIBILITIES › Section 195-2-002 - Annual Reports

Current through June 17, 2024
The district will submit its annual report to the Department by March 1
	 of each year. In addition to the statutory requirements, the report will
	 include:
002.01 The number of
  chemigation system inspections made by the district at each permitted injection
  site and whether the inspections were initial inspections, for equipment
  replacement or repair, or routine monitoring; and
002.02 The name of all chemicals and
  estimated amounts used in chemigation systems within the district the previous
  year.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 2 - DISTRICT RESPONSIBILITIES › Section 195-2-004 - Special Permits

Current through June 17, 2024
The district will provide the following information, at a minimum, to
	 the Department when seeking a determination on a special permit as set forth in
	 Neb. Rev. Stat. §
									46-1117.01
004.01 Name, address and telephone
  number of the applicant.
004.02
  Legal description of the system location.
004.03 U.S. Geological survey map showing the
  system layout topographically with the location and elevation of existing
  equipment and injection location indicated.
004.04 Location, nominal diameter and length
  of all pipe in the irrigation distribution system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 2 - DISTRICT RESPONSIBILITIES › Section 195-2-005 - Equipment

Current through June 17, 2024
If the district finds that replaced or altered equipment does not
	 comply with the standards set forth in this Title, the permit is to be
	 suspended until compliance is demonstrated and approval for operation is given
	 by the district.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-001 - Equipment

Current through June 17, 2024
Any irrigation distribution system, except an open discharge system,
	 through which chemigation is performed is to be equipped with the mechanical
	 devices specified in paragraphs 002 through 007 of this Chapter. The equipment
	 is to be installed in accordance with the manufacturer's specifications and at
	 the location specified. This will not be construed to prevent the use of
	 portable chemigation equipment if such equipment meets the requirements of this
	 chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-002 - Irrigation pipeline check valve

Current through June 17, 2024
The check valve is to be capable of preventing a mixture of water and
	 chemical from draining or siphoning back into the irrigation water source. It
	 is to be located in the pipeline between the irrigation pump and the point of
	 chemical injection into the irrigation pipeline.
002.01 Existing irrigation distribution
  systems which, as of July 1, 1987 are equipped with a properly located check
  valve will be considered in compliance, until repaired or replaced, if the
  valve provides a watertight seal against reverse flow.
002.02 Irrigation distribution systems which
  are not equipped with a check valve or contain a check valve which after repair
  cannot meet the requirement in 002.01, are to be equipped with a check valve as
  specified in Chapter 3, 008.
002.03
  For check valves manufactured or assembled after July 1, 1987, the manufacturer
  of the valve assembly is to provide verification to the director that the valve
  model has been tested and certified by an independent laboratory as meeting the
  criteria specified in Appendix I.
002.04 All check valves installed on an
  irrigation distribution system after January 1, 1988, are to be models
  certified to the director as specified in 002.03 above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-003 - Vacuum relief valve

Current through June 17, 2024
The vacuum relief valve is to be located on the pipeline between the
	 irrigation pump and the irrigation pipeline check valve. It is to be capable of
	 preventing the creation of a vacuum when the water flow stops. If the valve
	 connection will also serve as the inspection port, the permitholder will ensure
	 removal of the valve at the time of inspection.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-004 - Inspection port

Current through June 17, 2024
The inspection port or other viewing device is to be located on the
	 pipeline between the irrigation pump and the irrigation pipeline check
	 valve.
004.01 The inspection port or
  viewing device is to be situated in such a manner that the inlet to the low
  pressure drain can be observed.
004.02 A minimum four-inch diameter orifice
  or viewing area is required for systems without an existing port or device
  after January 1, 1988.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-005 - Low-pressure drain

Current through June 17, 2024
The low-pressure drain is to be located on the bottom of the
	 horizontal pipe between the irrigation pump and the irrigation pipeline check
	 valve. Its purpose is to drain any mixture of water and chemical away from the
	 irrigation water source.
005.01 The
  drain is to be constructed of corrosion resistant material or otherwise coated
  or protected to prevent corrosion;
005.02 The drain is to have an orifice of at
  least three-quarter inch diameter and is not to extend into the horizontal pipe
  beyond the inside surface of the bottom of the pipe; and
005.03 When the pipeline water flow stops,
  the drain will automatically open. A tube, pipe or similar conduit is to be
  used to discharge the solution at least twenty feet from the irrigation water
  source.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-006 - Chemical injection line check valve

Current through June 17, 2024
The chemical injection line check valve is to be located between the
	 point of chemical injection into the irrigation pipeline and the chemical
	 injection pump.
006.01 The valve is to
  be constructed of chemically resistant materials;
006.02 The valve is to be designed to prevent
  irrigation water under operating pressure from entering the chemical injection
  line; and
006.03 The valve is to be
  designed to have a minimum opening (cracking) pressure of ten psi. When the
  chemical injection pump is shut down, the valve must prevent any leakage from
  the chemical supply tank.
006.04 As
  an alternative to the minimum opening pressure requirement in 006.03 above, a
  vacuum relief valve may be placed in the injection line between the chemical
  injection line check valve and chemical injection pump. The vacuum relief valve
  is to be constructed of chemically resistant materials, is to open at
  atmospheric pressure, is to be at an elevation greater than the highest part of
  the chemical supply tank and is also to be the highest point in the injection
  line.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-007 - Simultaneous interlock device

Current through June 17, 2024
The irrigation pumping plant and the chemical injection pump are to be
	 interlocked so that if the pumping plant stops, the injection pump will also
	 stop.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-008

Current through June 17, 2024
Replacement equipment is to meet the requirements of this Chapter, and
	 in the case of irrigation pipeline check valves, will meet the following
	 minimum requirements:
008.01 The valve
  body and all components will be constructed of corrosion resistant materials or
  otherwise coated or protected to prevent corrosion;
008.02 The valve will contain a sealing
  mechanism designed to close prior to or at the moment water ceases to flow in
  the downstream direction. This mechanism will be either diaphragm-actuated by
  hydraulic line pressure, spring loaded or weight loaded to provide a watertight
  seal against reverse flow;
008.03
  The valve will be designed to meet the leakage tests specified in Underwriters
  Laboratory, Inc., Standard UL 312, Chapter 16, Leakage Test, page 11, dated May
  22, 1984. (Appendix I).
008.04 All
  moving components of the valve will be designed to prevent binding, distortion
  or misalignment during water flow; and
008.05 The valve will be designed to allow
  for easy repair and maintenance, including removal from the pipeline if
  required to perform such work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Chapter 3 - EQUIPMENT; STANDARDS, INSTALLATION, MAINTENANCE › Section 195-3-009 - Maintenance

Current through June 17, 2024
The equipment required in these rules and regulations is to be
	 maintained in working condition during all times of chemigation. When required,
	 the equipment is to be repaired to its originally designed
	 condition.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 195 - CHEMIGATION REGULATIONS › Appendix Appendix I - Largest Test

Current through June 17, 2024
1. A check valve must withstand for 1 minute,
  without leakage at joints or at the valve seat, an internal hydrostatic
  pressure of two times the rated working pressure of the valve. Slight weeping
  of water at the valve seat is acceptable for metal-to-metal seats. Leakage past
  clappers with, or in contact with, resilient seats, is not
  acceptable.
2. For the purposes of
  the test, "slight weeping" is defined as leakage not exceeding 1 fluid ounce
  per hour ( 0.008 mL/ sec) per inch ( 25.4 mm) of nominal valve size.
3. A Check valve must withstand for 16 hours,
  without leakage at the valve seat, an internal hydrostatic pressure equivalent
  to the head of a column of water 5 feet (1,5 m)high retained within the
  downstream portion of the valve body. No leakage may occur as evidence by
  wetting of paper placed beneath the valve assembly. This test is to be
  conducted with the valve in both the horizontal and vertical position if
  intended for such use.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 197 - RULES AND REGULATIONS FOR THE CERTIFICATION OF WASTEWATER TREATMENT OPERATORS › Chapter 1 - DEFINITIONS, APPLICABILITY › Section 197-1-002 - Base Metal

Current through June 17, 2024
The following wastewater treatment facilities are hereby exempted from
	 these regulations.
002.01 pH
  neutralization system.
002.02 Ash
  and coal pile runoff retention ponds.
002.03 Storm water retention ponds.
002.04 Non-contact cooling water
  discharges.
002.05 Construction sand
  and gravel operations.
002.06 Water
  treatment plant discharges.
002.07
  Equalization Basins
002.08 pH
  adjustments used to break down oil immersions
002.09 Compatible industrial facilities which
  are awarded 15 points or less in accordance with the point rating system in
  Appendix B.
002.10 Non-compatible
  industrial facilities which are awarded 4 points or less in accordance with the
  point rating system in Appendix B and are not a Significant Industrial User as
  defined in Title 119, Chapter 1.
002.11 Livestock waste control facilities as
  defined in Title 130.
002.12 All
  onsite wastewater treatment facilities as defined in the Department's Title 124
  Rules and Regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 197 - RULES AND REGULATIONS FOR THE CERTIFICATION OF WASTEWATER TREATMENT OPERATORS › Chapter 1 - DEFINITIONS, APPLICABILITY › Section 197-1-003 - Certificate

Current through June 17, 2024
Lagoon wastewater treatment facilities that land apply effluent or are
	 non- discharging lagoon systems may be exempted for a four year period, by the
	 director. To be eligible for exemption, new or modified wastewater treatment
	 facilities are to notify the department within 90 days of startup and renew the
	 exemption every four (4) years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 197 - RULES AND REGULATIONS FOR THE CERTIFICATION OF WASTEWATER TREATMENT OPERATORS › Chapter 1 - DEFINITIONS, APPLICABILITY › Section 197-1-004 - Certified Operator

Current through June 17, 2024
The department will evaluate other wastewater treatment facilities for
	 exemption on a case by case basis. Exemptions may be granted, by the director,
	 for the life of the wastewater treatment facility or for a four (4) year
	 period, at the discretion of the director. Any modification of the wastewater
	 treatment facility will require re-evaluation by the
	 department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 197 - RULES AND REGULATIONS FOR THE CERTIFICATION OF WASTEWATER TREATMENT OPERATORS › Chapter 1 - DEFINITIONS, APPLICABILITY › Section 197-1-005

Current through June 17, 2024
All wastewater treatment facilities, not otherwise exempted, are to
	 meet the requirements of this title in accordance with Neb. Rev. Stat. §
									81-15,139.
Enabling Legislation: Neb. Rev.
	 Stat. § 81-15, 129 § 81-15, 130(1)(10), and § 81-15, 134.