reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-001

Current through June 17, 2024
Any person who is required to have a permit (including new applicants
	 and permittees with expiring permits) shall complete, sign, and submit an
	 application to the Director in accordance with the conditions and requirements
	 of this Chapter. Persons currently authorized with interim status shall apply
	 for permits when required by the Director. Persons covered by permits by rule
	 need not apply. Procedures for applications, issuance and administration of
	 emergency permits are found in Chapter 12,
001.04B
.
001.01 Procedures for application, issuance
  and administration of research, development and demonstration permits are found
  in Chapter 12,
001.04E
.
001.02 Any person who intends to apply for a
  new commercial hazardous waste management facility permit must file a "Notice
  of Intent" form with the Director at least 180 days prior to making their
  application, in accordance with Neb. Rev. Stat. 81-1521.08, et seq.
001.03 Persons seeking initial permits for
  hazardous waste management units, or seeking renewal of permits for such units,
  where the renewal application is proposing a significant change in facility
  operations, must comply with the pre-application public meeting and notice
  requirements in Section
016
of this Chapter. For the
  purpose of Section
016
, a "significant change" is any
  change that would qualify as a class 3 permit modification under Section
012.02
of Chapter 15.
001.04 Persons seeking initial permits for
  hazardous waste management units, or seeking renewal of expiring permits for
  such units under Section
014.04
of Chapter 15, must
  comply with the requirements for public notice at the application stage in
  Section
017
of this Chapter.
001.05 The requirements of Sections
016
and
017
do not apply to
  permit modifications under Section
012.02
of Chapter
  15, or to applications that are submitted for the sole purpose of conducting
  post-closure activities and corrective action at a facility.
001.06 All applicants seeking permits for
  hazardous waste management units must comply with the information repository
  requirements in Section
018
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-003

Current through June 17, 2024
The Director shall not issue a permit before receiving a complete
	 application for a permit except for permits by rule, or emergency permits. An
	 application for a permit is complete when the Director receives an application
	 form and any supplemental information which are completed to his or her
	 satisfaction. An application for a permit is complete notwithstanding the
	 failure of the owner or operator to submit the exposure information in
	 accordance with the conditions and requirements of Section
010
of this Chapter. The Director may deny a permit
	 for the active life of a hazardous waste management facility or unit before
	 receiving a complete application for a permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-005

Current through June 17, 2024
Owners and operators of existing hazardous waste management facilities
	 and hazardous waste management facilities qualifying for interim status in
	 accordance with Chapter 12,
003.01
, are required to
	 file permit applications in accordance with the conditions and requirements of
	 40 CFR
	 270.10(e), which are hereby
	 adopted and incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-006

Current through June 17, 2024
Owners and operators of new hazardous waste management facilities are
	 required to file permit applications in accordance with
	 40 CFR
	 270.10(f), which are hereby
	 adopted and incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-010 - Exposure information

Current through June 17, 2024
010.01 Any Part B permit application
  submitted by an owner or operator of a facility that stores, treats, or
  disposes of hazardous waste must be accompanied by information, reasonably
  ascertainable by the owner or operator, on the potential for the public to be
  exposed to hazardous wastes or hazardous constituents through releases related
  to the regulated unit. At a minimum, such information must address:
010.01A Reasonably foreseeable potential
  releases from both normal operations and accidents at the regulated unit,
  including releases associated with transportation to or from the regulated
  unit;
010.01B The potential
  pathways of human exposure to hazardous wastes or constituents resulting from
  the releases described under Section
  010.01A of this
  Chapter; and
010.01C A health-based
  risk assessment addressing the potential magnitude and nature of the human
  exposure resulting from such releases.
010.01D Any additional information as
  required by the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-011 - Signatures

Current through June 17, 2024
011.01 All permit applications shall be
  signed in accordance with the conditions and requirements of
  40 CFR
  270.11(a), which are hereby
  adopted and incorporated herein by reference.
011.02 All reports required by permits and
  other information requested by the Director shall be signed in accordance with
  the conditions and requirements of
  40 CFR
  270.11(b) and (c), which are
  hereby adopted and incorporated herein by reference.
011.03 Any person signing a document under
  this Section must make the following certification:
"I certify under penalty of law that this document and all attachments
	 were prepared under my direction or supervision according to a system designed
	 to assure that qualified personnel properly gather and evaluate the information
	 submitted. Based on my inquiry of the person or persons who manage the system,
	 or those persons directly responsible for gathering the information, the
	 information submitted is, to the best of my knowledge and belief, true,
	 accurate, and complete. I am aware that there are significant penalties for
	 submitting false information, including the possibility of fine and
	 imprisonment for knowing violations."
011.04 For remedial action plans (RAPs) under
  Chapter 12, Section
004
of this Title, if the operator
  certifies according to
011.03
of this Section, then
  the owner may choose to make the following certification instead of the
  certification in
011.03
of this Section:
"Based on my knowledge of the conditions of the property described in
	 the RAP and my inquiry of the person or persons who manage the system
	 referenced in the operator's certification, or those persons directly
	 responsible for gathering the information, the information submitted is, upon
	 information and belief, true, accurate, and complete. I am aware that there are
	 significant penalties for submitting false information, including the
	 possibility of fine and imprisonment for knowing violations."
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-012 - Contents of the permit application

Current through June 17, 2024
012.01 Part A of the hazardous waste permit
  application shall be submitted in accordance with the conditions and
  requirements of
  40 CFR
  270.13, which are hereby adopted and
  incorporated herein by reference.
012.02 Part B of the hazardous waste permit
  application shall be submitted in accordance with the conditions and
  requirements of
  40 CFR
  270.14, which are hereby adopted and
  incorporated herein by reference.
012.02A For
  post-closure permits, the owner or operator is required to submit only the
  information specified in
  40 CFR
  270.14(b)(1), (4), (5), (6), (11), (13), (14), (16), (18) and
  (19), (c), and (d), as incorporated by
  reference in Section
012.02
, unless the Director
  determines that additional information from
  40 CFR
  270.14, as incorporated by Section
012.02
, or from
  40 CFR
  270.16,
  270.17,
  270.18,
  270.20,
  or
  270.21,
  as incorporated by reference in Section
012.04
, is
  necessary.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-016

Current through June 17, 2024
Pre-application public meeting and notice for initial permits and
	 permit renewals proposing a significant change in facility operations.
016.01 Prior to the submission of a part B
  permit application for a facility, the applicant must hold at least one meeting
  with the public in order to solicit questions from the community and inform the
  community of proposed hazardous waste management activities. The applicant
  shall post a sign-in sheet or otherwise provide a voluntary opportunity for
  attendees to provide their names and addresses.
016.02 The applicant shall submit a summary
  of the meeting, along with the list of attendees and their addresses developed
  under paragraph (b) of this section, and copies of any written comments or
  materials submitted at the meeting, to the Director as a part of the part B
  application, in accordance with
  40 CFR
  270.14(b), as adopted by
  reference at Section 012.02 of this Chapter.
016.03 The applicant must provide public
  notice of the pre-application meeting at least 30 days prior to the meeting.
  The applicant must maintain, and provide to the Director upon request,
  documentation of the notice.
016.03A The
  applicant shall provide public notice in all of the following forms:
016.03A1
A newspaper
  advertisement.
The applicant shall publish a notice, fulfilling the
  requirements in Section
016.03B
of this Chapter, in a
  newspaper of general circulation in the county or equivalent jurisdiction that
  hosts the proposed location of the facility. In addition, the Director shall
  instruct the applicant to publish the notice in newspapers of general
  circulation in adjacent counties or equivalent jurisdictions, where the
  Director determines that such publication is necessary to inform the affected
  public. The notice must be published as a display advertisement.
016.03A2
A visible and accessible
  sign.
The applicant shall post a notice on a clearly marked sign at or
  near the facility, fulfilling the requirements in Section
016.03B
of this Chapter. If the applicant places the
  sign on the facility property, then the sign must be large enough to be
  readable from the nearest point where the public would pass by the
  site.
016.03A3
A broadcast
  media announcement.
The applicant shall broadcast a notice, fulfilling
  the requirements in Section
016.03B
of this Chapter,
  at least once on at least one local radio station or television station. The
  applicant may employ another medium with prior approval of the
  Director.
016.03A4
A notice
  to the permitting agency.
The applicant shall send a copy of the
  newspaper notice to the Director and to the appropriate units of State and
  local government, in accordance with Section 006.01 of Chapter 15.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-017 - Public notice requirements at the application stage for initial permits and renewal of expiring permits

Current through June 17, 2024
017.01 Notification at application submittal
017.01A The Director shall provide public
  notice as set forth in Section
006.01A
of Chapter 15,
  and notice to appropriate units of State and local government as set forth in
  Section
006.01
of Chapter 15, that a part B permit
  application has been submitted to the Director and is available for
  review.
017.01B The notice shall be
  published within a reasonable period of time after the application is received
  by the Director. The notice must include:
017.01B1 The name and telephone number of the
  applicant's contact person;
017.01B2 The name and telephone number of the
  Department's contact office, and a mailing address to which information,
  opinions, and inquiries may be directed throughout the permit review
  process;
017.01B3 An address to
  which people can write in order to be put on the Department mailing list as
  defined in Section
006.01A
of Chapter 15;
017.01B4 The location where copies of the
  permit application and any supporting documents can be viewed and
  copied;
017.01B5 A brief
  description of the facility and proposed operations, including the address or a
  map (e.g., a sketched or copied street map) of the facility location on the
  front page of the notice; and
017.01B6 The date that the application was
  submitted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - PERMIT APPLICATION › Section 128-13-018 - Information repository requirements for all permit applicants

Current through June 17, 2024
018.01 The Director may assess the need, on a
  case-by-case basis, for an information repository. When assessing the need for
  an information repository, the Director shall consider a variety of factors,
  including: the level of public interest; the type of facility; the presence of
  an existing repository; and the proximity to the nearest copy of the
  administrative record. If the Director determines, at any time after submittal
  of a permit application, that there is a need for a repository, then the
  Director shall notify the facility that it must establish and maintain an
  information repository. (See. Section
002.18
of
  Chapter 14, for similar provisions relating to the information repository
  during the life of a permit).
018.02 The information repository shall
  contain all documents, reports, data, and information deemed necessary by the
  Director to fulfill the purposes for which the repository is established. The
  Director shall have the discretion to limit the contents of the
  repository.
018.03 The information
  repository shall be located and maintained at a site chosen by the facility. If
  the Director finds the site unsuitable for the purposes and persons for which
  it was established, due to problems with the location, hours of availability,
  access, or other relevant considerations, then the Director shall specify a
  more appropriate site.
018.04 The
  Director shall specify requirements for informing the public about the
  information repository. At a minimum, the Director shall require the facility
  to provide a written notice about the information repository to all individuals
  on the Department mailing list as defined in Section
006.01A
of Chapter 15.
018.05 The facility owner/operator shall be
  responsible for maintaining and updating the repository with appropriate
  information throughout a time period specified by the Director. The Director
  may close the repository at his or her discretion, based on the factors in
  Section 018.01 of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-001

Current through June 17, 2024
This Chapter establishes provisions for hazardous waste permits (as
	 required by Chapter 12) with respect to standard conditions applicable to all
	 permits, general facility conditions, specific facility conditions,
	 recordkeeping and reporting requirements for monitoring results, schedules of
	 compliance, and restrictive covenants for disposal permits.
001.01 All permit conditions shall be
  incorporated into the permit either expressly or by reference. If incorporated
  by reference, a specific citation to these regulations shall be stated in the
  permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-003 - Requirements for recording and reporting of monitoring results

Current through June 17, 2024
All permits shall specify:
003.01 Requirements concerning the proper
  use, maintenance and installation, when appropriate, of monitoring equipment or
  methods (including biological monitoring methods when appropriate);
003.02 Required monitoring including type,
  intervals, and frequency sufficient to yield data which are representative of
  the monitored activity including, when appropriate, continuous monitoring;
  and
003.03 Applicable reporting
  requirements based upon the impact of the regulated activity and as specified
  in Chapters 7 and 21. Reporting shall be no less frequent than specified in the
  above regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-004 - Establishing permit conditions

Current through June 17, 2024
004.01 In addition to conditions required in
  all permits (by Section
002
of this Chapter), the
  Director shall establish conditions, as required on a case-by-case basis, in
  permits under Chapter 15,
014
(duration of permits),
  Section
005
of this Chapter (schedules of compliance),
  and Section
003
of this Chapter
  (monitoring).
004.02 General
  facility conditions and specific facility conditions
004.02A Each hazardous waste permit shall
  include permit conditions necessary to achieve compliance with the Act,
  including each of the applicable requirements of Chapters 7, 20, and 21. In
  satisfying this provision, the Director may incorporate applicable requirements
  of Chapter 7, 20, and 21 directly into the permit or establish other permit
  conditions that are based on the requirements of Chapters 7, 20, and
  21.
004.02B Each permit issued
  under Title 128 shall contain terms and conditions as the Director determines
  necessary to protect human health and the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-006

Current through June 17, 2024
The permit shall include a list of the wastes or classes of wastes
	 which will be treated, stored, or disposed of at the facility, and a
	 description of the processes to be used for treating, storing, and disposing of
	 these hazardous wastes at the facility including the design capacities of each
	 storage, treatment, and disposal unit. Except in the case of containers, the
	 description must identify the particular wastes or classes of wastes which will
	 be treated, stored, or disposed of in particular equipment or locations (e.g.
	 "Halogenated organics may be stored in Tank A", and "Metal hydroxide sludges
	 may be disposed of in landfill cells B, C, and D").
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-007 - Restrictive covenant for disposal permit

Current through June 17, 2024
Before allowing disposal operations to commence, the owner of the land
	 to be used for disposal of hazardous wastes shall execute and file with the
	 Department and the Register of Deeds of the county where such land is located
	 the following Restrictive Covenants:
The undersigned (Owner) is the owner of the following described real
	 estate:
These Restrictive Covenants are established upon the property.
1. The property will be used for the disposal
  of hazardous wastes.
2. (Insert
  regulations which govern operation of the site, which should be a matter of
  constructive notice to prospective purchasers during the operation of the
  facility.)
3. The future use of the
  property is restricted by applicable federal and state regulations governing
  hazardous waste disposal facilities, and any future use may not disturb the
  integrity of the final cover, liners or any other components of any containment
  system or the function of the monitoring systems of the facility, without the
  prior written approval of the Director of the Nebraska Department of
  Environmental Quality.
4. A map of
  the type, location and quantity of hazardous wastes disposed of within the
  property will be filed within 60 days of closure with the Register of Deeds and
  with the Director of the Nebraska Department of Environmental
  Quality.
5. These Restrictive
  Covenants shall run with the land and shall be binding upon and enforceable by
  the Owner, all persons claiming under the Owner and the Director of the
  Nebraska Department of Environmental Quality. These Restrictive Covenants may
  be terminated or modified, in writing, by the Owner only with the written and
  recorded consent of the Director of the Nebraska Department of Environmental
  Quality.
6. The enforcement of
  these Restrictive Covenants may be by proceedings at law or in equity against
  any person violating or attempting to violate any provision hereof. The
  proceedings may be to restrain the violation or to recover damages.
7. The invalidation of any one of these
  Restrictive Covenants shall not affect the validity of the remaining provisions
  hereof.
Dated________________, 20___ (COMPANY NAME)
	 By:___________________
President
STATE OF NEBRASKA
COUNTY OF _______________)
The foregoing instrument was acknowledged before me this ___ day of
	 _________________, 20___, by (name of officer or agent) of (name of corporation
	 acknowledging) a (state or place of incorporation) corporation, on behalf of
	 the corporation.
_________________________ Notary Public
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-001

Current through June 17, 2024
Except as more expressly provided herein, the procedures set forth in
	 Title 115 -
Rules of Practice and Procedure
, Nebraska
	 Department of Environmental Quality, shall apply to the following proceedings:
	 Closure Plans; Post-Closure Plans; Post-Closure Permits; and, Operating
	 Permits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-002 - Preparation of a draft permit or denial of a hazardous waste facility permit

Current through June 17, 2024
002.01 Once an
  application is complete and any local approval obtained as required in Neb.
  Rev. Stat. §
									81-1521.08
  through §
									81-1521.23,
  the Director shall issue a preliminary decision approving or denying the
  permit.
002.02 If the Director
  decides to prepare a draft permit, that draft permit shall contain the
  following information and follow the public notice and participation procedures
  outlined below:
002.02A Standards for
  treatment, storage and/or disposal and other permit conditions under Sections
001
and
002
of Chapter
  14.
002.02B All conditions,
  compliance schedules, and monitoring requirements of Chapter 14.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-003 - Fact sheet

Current through June 17, 2024
003.01 A fact sheet shall be prepared for
  every draft permit for a major hazardous waste management facility or activity,
  as defined in Section
001.03I(4)
of Chapter 12.
  Following the issuance of public notice of preparation of a draft permit, the
  Director shall send a fact sheet to the applicant and, on request, to any other
  person. A fact sheet shall be prepared for a hazardous waste facility which the
  Director determines involves widespread public interest or where major issues
  are raised with respect to the application described in the public notice. The
  fact sheet shall briefly specify the principal facts and significant factual,
  legal, methodological and policy questions considered in preparing the draft
  permit.
003.02 Each fact sheet
  shall contain:
003.02A A brief description of
  the type of facility or activity which is the subject of the draft
  permit;
003.02B The type and
  quantity of wastes which are proposed to be or are being treated, stored or
  disposed of;
003.02C Reasons why
  any requested variances or alternatives to required standards do or do not
  appear to be justified;
003.02D The
  statutory or regulatory provisions on which permit requirements are
  based;
003.02E A description of the
  procedures for the formulation of final determination, including the beginning
  and ending dates of the 45-day comment period, address where comments should be
  sent, procedures for requesting a public hearing, and any other procedures by
  which the public may participate; and
003.02F Name and telephone number of a person
  to contact for additional information.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-004 - Statement of basis

Current through June 17, 2024
When a fact sheet is not prepared, a statement of basis will be
	 prepared which shall briefly describe the conditions of the draft permit and
	 the reasons for them, or in the case of a notice to deny a permit, the reasons
	 supporting the preliminary decision. This statement shall be sent to the
	 applicant and on request, to any other person.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-005 - Administrative record for draft permits

Current through June 17, 2024
005.01 The provisions of a draft permit shall
  be based on the administrative record defined in Section
005.02
of this Chapter.
005.02 The administrative record shall
  consist of the following:
005.02A The permit
  application, and any supporting data furnished by the applicant;
005.02B The draft permit or notice of intent
  to deny the application or to terminate the permit;
005.02C The statement of basis defined in
  Section
004
of this Chapter, or fact sheet defined in
  Section
003
of this Chapter;
005.02D All documents cited in the statement
  of basis or fact sheet; and
005.02E
  Other documents contained in the supporting file for the draft permit including
  all correspondence, memoranda, and meeting notes that are related to the
  development of the draft permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-006 - Public notice of permit actions and public comment period

Current through June 17, 2024
006.01 A public notice of a draft permit,
  intent to deny, and public hearings shall be issued by circulating the notice
  in the geographical area of the proposed facility through publication in a
  daily or weekly newspaper with general circulation, and by broadcasting over
  local radio stations; and mailed to the applicant, any other agency which the
  Director knows has issued or is required to issue a Underground Injection
  Control, Prevention of Significant Deterioration (or other permit under the
  Clean Air Act), National Pollutant Discharge Elimination System, Clean Water
  Act Section 404 or sludge management permit for the same facility or activity,
  any unit of local government having jurisdiction over the area where the
  facility is proposed to be located, each state agency having any authority
  under state law with respect to the construction or operation of such facility,
  and to any other person or group, either upon request or whose names are on a
  Department mailing list as defined in Section
006.01A
,
  to receive public notices. Federal and State agencies with jurisdiction over
  fish, shellfish, and wildlife resources, the Advisory Council on Historic
  Preservation, the State Historic Preservation Officer, and other appropriate
  authorities; including any affected States (Indian Tribes) and EPA shall also
  be mailed a copy of the notice. Any person otherwise entitled to receive notice
  may waive his or her rights to receive notice for any classes and categories of
  permit.
006.01A Department mailing list is a
  list developed by:
006.01A1 Including those
  who request in writing to be on the list;
006.01A2 Soliciting persons for "area lists"
  from participants in past proceedings in that area; and
006.01A3 Notifying the public of the
  opportunity to be put on the mailing list through periodic publication in the
  public press and in such publications as Regional and State funded newsletters,
  environmental bulletins, or State journals. (The Director may update the
  mailing list from time to time by requesting written indication of continued
  interest from those listed. The Director may delete from the list the name of
  any person who fails to respond to such a request.)
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-007 - Public hearings; when required

Current through June 17, 2024
007.01 The applicant, any affected state, any
  affected interstate agency, the Regional Administrator of EPA, or any
  interested agency, person or group of persons may request or petition the
  Director, in writing, within the 45-day comment period of the public notice,
  with respect to the application, for a public hearing, if no hearing has
  already been scheduled, and state the nature of the issues to be raised in the
  hearing.
007.01A The Director may hold an
  adjudicative hearing on the granting or denial of the permit if the Director
  determines that the circumstances justify it;
007.01B The Director shall hold an
  adjudicative hearing if it appears that the granting or denial of the permit
  interferes with or impairs or threatens to interfere with or impair the legal
  rights of the permit applicant or any person so that the situation falls within
  the Department's Title 115 - Rules of Practice and Procedure.
007.01C The Director may hold a public
  hearing if the comments, requests or petitions raise legal, policy or
  discretionary questions of general application not pertaining solely to a
  particular party and significant public interest exists with respect to the
  application; or
007.01D The
  Director shall hold a public hearing whenever he or she receives written notice
  of opposition to a draft permit and a request for a hearing within the 45 days
  public notice period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-008 - Issuance and effective date of the permit

Current through June 17, 2024
After the close of the public comment period as provided in Section
006
of this Chapter, the Director shall issue a final
	 permit decision. The Director shall notify the applicant of the decision to
	 issue, deny, modify, revoke and reissue, or terminate a permit and shall
	 specify the effective date of the permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-009 - Response to comments

Current through June 17, 2024
009.01 At the time that any final permit
  decision is issued, the Director shall issue a response to comments. This
  response shall:
009.01A Specify which
  provisions, if any, of the draft permit have been changed in the final permit
  decision, and the reasons for the change; and
009.01B Briefly describe and respond to all
  significant comments on the draft permit raised during the public comment
  period, or during any hearing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-010 - Administrative record for final permits

Current through June 17, 2024
010.01 The Director shall base final permit
  decisions under Section
008
of this Chapter on the
  Administrative record defined in Section 010.02 of this Chapter.
010.02 The administrative record for the
  final permit shall consist of the administrative record for the draft permit
  and:
010.02A All comments received during the
  public comment period provided under Section
006
of
  this Chapter;
010.02B Any written
  materials submitted at a public hearing provided under Section
007
of this Chapter;
010.02C The response to comments required by
  Section
009
of this Chapter and any new material
  placed in the record under that Section; and
010.02D Other documents contained in the
  supporting file for the permit including all correspondence, memoranda, and
  meeting notes that are related to the development of the draft
  permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-011 - Permit transfer

Current through June 17, 2024
011.01 A permit may be transferred by the
  permittee to a new owner or operator only if the permit has been modified or
  revoked and reissued under
011.02
or
012.01C2
to identify the new permittee and incorporate
  such other requirements as may be necessary.
011.02 Changes in the ownership or
  operational control of a facility may be made as a Class 1 modification with
  prior written approval of the Director in accordance with
012.02
. The new owner or operator must submit a
  revised permit application no later than 90 days prior to the scheduled change.
  A written agreement containing a specific date for transfer of permit
  responsibility between the current and new permittees must also be submitted to
  the Director. When a transfer of ownership or operational control occurs, the
  old owner or operator shall comply with the requirements of Chapter 21,
008
(Financial Requirements) until the new owner or
  operator has demonstrated that he or she is complying with the requirements of
  that chapter. The new owner or operator must demonstrate compliance with the
  financial requirements within six months of the date of the change of ownership
  or operational control of the facility. Upon demonstration to the Director by
  the new owner or operator of compliance with the financial requirements, the
  Director shall notify the old owner or operator that he or she no longer needs
  to comply with financial requirements as of the date of
  demonstration.
011.03 A permit for
  a land disposal facility may not be transferred.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-013 - Expiration and renewal of permits

Current through June 17, 2024
013.01 If the permittee wishes to continue to
  treat, store or dispose of hazardous wastes after the expiration date of the
  hazardous waste permit, the permittee must file for reissuance of the existing
  permit at least 180 days prior to the expiration date of the permit.
013.02 A renewal application shall consist of
  the same information required in the original hazardous waste facility permit
  application, which can consist of a recertification of the original
  application, unless the Department requires additional information.
013.03 Prior to renewal, the permittee shall
  be in compliance with or have complied with all the terms, conditions,
  requirements, and schedules of compliance of the expiring or expired
  permit.
013.04 Public notice and
  public participation procedures for renewal of the permit shall be those
  specified in this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-014 - Duration of permits, expiration and continuation of permits

Current through June 17, 2024
Duration of permits, expiration and continuation of permits.
014.01 Permits shall be effective for a term:
014.01A Not to exceed 5 years for commercial
  hazardous waste management facilities; and
014.01B Not to exceed 10 years for all other
  facilities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-015 - Termination of permits

Current through June 17, 2024
The permit may be terminated during its term or a renewal application
	 may be denied in accordance with the conditions and requirements of
	 40 CFR
	 270.43, which are hereby adopted and
	 incorporated herein by reference. If the Director tentatively decides to
	 terminate a permit under this section, he or she shall issue a notice of intent
	 to terminate. A notice of intent to terminate is a type of draft permit which
	 follows the same procedures as any draft permit prepared under Section
002
of this chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-016 - Permit denial

Current through June 17, 2024
The Director may, pursuant to the public notice and public
	 participation procedures specified in Sections
006
and
007
of this Chapter, deny the permit application
	 either in its entirety or as to the active life of a hazardous waste management
	 facility or unit only.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - REQUIREMENTS FOR IGNITABLE, REACTIVE OR INCOMPATIBLE WASTES › Section 128-16-001

Current through June 17, 2024
The requirements of this Chapter apply to generators who are regulated
	 under Chapters 9 (Small Quantity Generator) or 10 (Large Quantity
	 Generator).
001.01 The generator must
  take precautions to prevent accidental ignition or reaction of ignitable or
  reactive waste. This waste must be separated and protected from sources of
  ignition or reaction. While ignitable or reactive waste is being handled, the
  generator must confine smoking and open flame to specially designated
  locations. "No Smoking" signs must be conspicuously placed wherever there is a
  hazard from ignitable or reactive waste.
001.02 Where specifically required by
  Chapters 9 (Small Quantity Generator) or 10 (Large Quantity Generator), the
  storage of ignitable or reactive waste, and the mixture or commingling of
  incompatible waste, or incompatible waste and materials, must be conducted so
  that it does not:
001.02A Generate extreme
  heat or pressure, fire or explosion, or violent reaction;
001.02B Produce uncontrolled toxic mists,
  fumes, dusts, or gases in sufficient quantities to threaten human
  health;
001.02C Produce
  uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
  of fire or explosion;
001.02D
  Damage the structural integrity of the device or facility containing the
  wastes; or
001.02E Through other
  like means threaten human health or the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - REQUIREMENTS FOR IGNITABLE, REACTIVE OR INCOMPATIBLE WASTES › Section 128-16-002 - Specific

Current through June 17, 2024
002.01 Containers
002.01A Containers holding ignitable or
  reactive waste must be located at least fifteen meters (50 feet) inside the
  property line.
002.01B The storage
  container holding a hazardous waste that is incompatible with any waste or
  other materials stored nearby in other containers, piles, open tanks, or
  surface impoundments must be separated from the other materials or protected
  from them by means of a dike, berm, wall, or other device.
002.01C The generator must use a container
  made of or lined with materials which will not react with, and are otherwise
  compatible with, the hazardous waste to be stored, so that the ability of the
  container to contain the wastes is not impaired.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-001 - Applicability

Current through June 17, 2024
The requirements of this Chapter apply to generators who are regulated
	 under Chapters 9 (Small Quantity Generators) or 10 (Large Quantity
	 Generators).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-002 - Design and operation of generator sites

Current through June 17, 2024
Generator sites must be designed, constructed, maintained, and
	 operated to minimize the possibility of a fire, explosion, or any unplanned
	 sudden or non-sudden release of hazardous waste or hazardous waste constituents
	 to air, soil, or surface water which could threaten human health or the
	 environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-003 - Required equipment

Current through June 17, 2024
All generator sites must be equipped with the following, unless it can
	 be demonstrated to the State Fire Marshal that there are no hazards at the
	 facility which could require a particular kind of equipment specified
	 below:
003.01 An internal
  communications or alarm system capable of providing immediate emergency
  instruction (voice or signal) to facility personnel;
003.02 A device capable of summoning external
  emergency assistance from local law enforcement agencies, fire departments, or
  state or local emergency response teams, such as a telephone (immediately
  available at the scene of operations) or a hand-held two-way radio;
003.03 Portable fire extinguishers, fire
  control equipment (including special extinguishing equipment, such as that
  using foam, inert gas, or dry chemicals), necessary safety equipment, control
  equipment, and decontamination equipment; and
003.04 Water at adequate volume and pressure
  to supply water hose streams, or foam producing equipment, or automatic
  sprinklers, or water spray systems.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-004 - Testing and maintenance of equipment

Current through June 17, 2024
All facility communications or alarm systems, fire protection
	 equipment, safety equipment, spill control equipment, and decontamination
	 equipment, where required, must be tested and maintained on an annual basis or
	 as determined necessary by the State Fire Marshal to assure its proper
	 operation in time of emergency.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-005 - Access to communications or alarm system

Current through June 17, 2024
005.01 Whenever hazardous waste is being
  handled all employees involved in the operation shall have immediate access to
  an internal alarm or emergency communication device, either directly or through
  visual or voice contact with another employee, unless the State Fire Marshal
  has ruled that such a device is not required under Section
003
of this Chapter.
005.02 If there is ever just one employee on
  the premises during operation, that employee shall have immediate access to a
  device capable of summoning external emergency assistance, such as a telephone
  (immediately available at the scene of operation), or a handheld two-way radio,
  unless the State Fire Marshal has ruled that such a device is not required
  under Section
003
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-006 - Required aisle space

Current through June 17, 2024
The generator must maintain aisle space to allow the unobstructed
	 movement of personnel, fire protection equipment, spill control equipment, and
	 decontamination equipment to any area of facility operation in an emergency,
	 unless it can be demonstrated to the State Fire Marshal that aisle space is not
	 needed for any of these purposes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - PREPAREDNESS FOR AND PREVENTION OF ACCIDENTS › Section 128-17-007 - Arrangements with local authorities

Current through June 17, 2024
007.01 The generator must attempt to make the
  following arrangements, as appropriate for the type of waste handled and the
  potential need for the services of these organizations:
007.01A Arrangements to familiarize police,
  fire departments and emergency response teams with the layout of the site,
  properties of hazardous waste handled at the site and associated hazards,
  places where site personnel would normally be working, entrances to roads
  inside the facility, and possible evacuation routes;
007.01B Where more than one police and fire
  department might respond to emergencies, agreements designating primary
  emergency authority to a specific police and fire department, and agreements
  with any others to provide support to the primary emergency
  authority;
007.01C Agreements with
  state emergency response teams, emergency response contractors, and equipment
  suppliers; and
007.01D Arrangements
  to familiarize local hospitals with the properties of hazardous waste handled
  at the facility and the types of injuries or illnesses which could result from
  fires, explosions, or releases at the site.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 128-18-002 - Purpose and implementation of contingency plan

Current through June 17, 2024
002.01 Each generator must have a contingency
  plan for the site designed to minimize hazards to human health or the
  environment from fires, explosions, or any unplanned sudden or non-sudden
  release of hazardous waste or hazardous waste constituents to air, soil, or
  surface water.
002.02 The
  provisions of the plan must be carried out immediately whenever there is a
  fire, explosion, or release of hazardous waste or hazardous waste constituents
  which could threaten the environment or human health.