reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-001 - Definitions

Current through June 17, 2024
For purposes of this Chapter:
001.01
Agency
is a division of
  state government to which funds are appropriated for the construction of a
  subject building, or an authorized representative of that agency.
001.02
Alternate Compliance
is
  documentation of compliance by submission of a Designer Certification, Building
  Owner Certification or Home Energy Rating System Report rather than submission
  of plans for review by the Energy Office.
001.03
Building Division
is the
  administrator of the State Building Division of the Department of
  Administrative Services, or an authorized representative.
001.04
Comply, Compliance
is to
  meet or exceed the minimum requirements of the IECC.
001.05
Construction
is the
  initial fabrication of a building, or the modification of or an addition to an
  existing building.
001.06
Construction Review
is the process of determining whether the
  construction of a subject building is or is not in compliance through an
  on-site inspection of the building.
001.07
Day
is a day when State
  government offices are open.
001.08
Energy Office
is the State Energy Office, or an authorized
  representative.
001.09
IECC
is the 2009 International Energy Conservation Code.
01.10
Plan Review
is
  the process of determining whether the design of a subject building is or is
  not in compliance.
001.11
State Building
is a building which is owned by the State of
  Nebraska, or which was constructed for state use using state funds.
001.12
State Funds
are funds
  appropriated by the Legislature, including, but not limited to, general funds,
  cash funds, trust funds, federal and private grants and proceeds from the sale
  of bonds of the state.
001.13
Subject, Subject Building
is a building or a portion of a building
  to which this rule applies, as determined under the Application
  section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-002 - Application

Current through June 17, 2024
002.01 The amendments to Title 103, Nebraska
  Administrative Code, Chapter 1, are effective on and after August 27,
  2011.
002.02
General
The following buildings, or portions of buildings, are subject to this
	 rule and must comply with the IECC:
002.02a New state buildings;
002.02b Additions to existing state
  buildings;
002.02c New lighting,
  heating, cooling, ventilating or water heating equipment or controls in a state
  owned building.
002.02d Any new
  building envelope components installed in a state owned building.
002.02e New non-state buildings for which any
  state funds are used in design or construction.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-003 - Standard Design Conditions

Current through June 17, 2024
The following values may be entered in IECC Table 302.1 and used to
	 determine compliance of subject buildings to be constructed anywhere in
	 Nebraska:
Winter, Design Dry-bulb Temperature = -4°F
Summer, Design Dry-bulb Temperature = 92°F
Summer, Design Wet-bulb Temperature = 69°F
Degree days, heating (65° base) = 6500
Degree days, cooling (65° base) = 1000
Climate zone = 5
Interior Design Temperatures: Maximum of 72° (22° C) for
	 heating and minimum of 75° (24°C) for cooling.
Use of these standard conditions for complianc
e
determination does not relieve the designer of responsibility to size equipment
	 correctly. The agency or designer may chose to use actual, historical weather
	 data for the intended building site rather than these standard
	 values.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-005 - Waivers

Current through June 17, 2024
005.01
Basis for.
The Building
  Division may waive a specific requirement of the IECC for a subject building
  when meeting that requirement is not in the best interest of the State of
  Nebraska. This situation might occur when:
005.01a. existing construction makes meeting
  the requirement physically impossible without causing irreparable damage to the
  existing building; or
005.01b.
  application of the requirement would create an irreconcilable conflict with
  another applicable code; or
005.01c. meeting the requirement is not
  economically-justified as shown by a life-cycle cost analysis.
005.01c1. The analysis will be prepared by
  the agency.
005.01c2. The analysis
  will demonstrate that the present value of the estimated energy cost savings
  over the life of the building, or specific component, is less than the
  incremental cost of IECC compliance. The calculation of present value will be
  based on expected incremental utility costs, the agency's actual discount rate
  and the most recent edition of
Energy Price Indices and Discount
  Factors for Life-Cycle Cost Analysis
(NISTIR 85-3273, available from
  the Energy Office).
005.01c3. When
  a component in question can reasonably be analyzed without considering
  interaction with the remainder of the building, a limited analysis is
  acceptable and encouraged.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-006 - Updates and Amendments

Current through June 17, 2024
The Building Division may recommend adoption of a more recent edition
	 of the IECC or additional energy efficiency or renewable energy requirements
	 appropriate to subject buildings. Updates or additional requirements will be
	 prepared as amendments to these rules, and will become effective when adopted
	 by the Energy Office after a public hearing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 103 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - Construction of State-Funded Buildings › Section 103-1-007 - Construction Review

Current through June 17, 2024
The Energy Office may select subject buildings for an on-site
	 construction review. In such cases, the Energy Office will request
	 documentation from the agency. At the completion of its review, the Energy
	 Office will provide written comments to the agency.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 1 - INTRODUCTION › Section 107-1-001

Current through June 17, 2024
In 1980, the Unicameral passed LB 954 which established the Nebraska
	 Building Energy Conservation Standard, which was ASHRAE 90-75. In 1983, the
	 Legislature replaced the Nebraska Building Energy Conservation Standard with
	 the Nebraska Energy Standard, which was the 1983 Model Energy Code. In 2004, LB
	 888, which was unanimously passed by the Legislature, had two goals:
1) replace the 2000 International Energy
  Conservation Code (IECC) with the 2003 IECC for state-owned buildings; and
2) replace 1983 Model Energy Code
  with the 2003 IECC in the Nebraska Energy Code which applies to all buildings
  across the state. LB 329, which updates the Nebraska Energy Code from the 2003
  IECC to the 2009 IECC and ASHRAE 90. 1-2007, was passed by the state's
  Unicameral Legislature on April 8, 2011 and signed by the Governor on April 14,
  2011.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 1 - INTRODUCTION › Section 107-1-002

Current through June 17, 2024
The following Rules and Regulations pertain to the procedures to be
	 used to comply with the law by the State Energy Office, local code authorities,
	 building designers, contractors, ovmers, and all other interested parties.
	 These Rules and Regulations implement the provisions of the law regarding the
	 Nebraska Energy Code.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-003 - Building

Current through June 17, 2024
Building
means any new structure, renovated building, or
	 addition which provides facilities or shelter for public assembly, educational,
	 business, mercantile, institutional, warehouse, or residential occupancies, as
	 well as those portions of factory and industrial facilities which are used
	 primarily for human occupancy, such as office space, but not including any
	 structure which has a consumption of traditional energy sources for all
	 purposes not exceeding the energy equivalent of one watt per square
	 foot.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-005 - Economically Justified

Current through June 17, 2024
Economically Justified
means the initial cost is less than
	 the present discoimted value of resulting savings over the life of a component
	 or requirement using future actual dollars and a market rate of
	 interest.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-008 - Local Code

Current through June 17, 2024
Local Code
means a lighting and thermal efficiency
	 ordinance, resolution, code or standard which has been adopted by a county,
	 city or village and which meets the requirements set forth in Neb. Rev. Stat.
	 §
									81-1618.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-009 - Nebraska Energy Code

Current through June 17, 2024
Nebraska Energy Code
means the 2009 International Energy
	 Conservation Code (IECC). The 2009 IECC is available at
http://www.iccsafe.org/Store/Pages/Category.aspx?cat=ICCSafe&=330&par=Store%20Products
.
The 2009 IECC may also be obtained by telephoning the International
	 Code Council at 1-800 - 786-4452. ASHRAE 90. 1-2007, referenced in the 2009
	 IECC, is available at
http://www.techstreet.com/standards/ashrae/90_1_2007_i_p_?product_id=1536065;ashrae_auth_token
= , or by calling ASHRAE at 1 - 800 - 527 - 4723.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-011 - Prime Contractor

Current through June 17, 2024
Prime Contractor
means the person(s) or entity(s) who has
	 a contract with the owner and falls within the definition of contractor listed
	 in Neb. Rev. Stat. §
									81-1609. Prime
	 contractor may also mean a property owner who performs the work of a prime
	 contractor or performs the work him/herself.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-012 - Renovation

Current through June 17, 2024
Renovation
means alterations on an existing building
	 which will cost more than fifty percent of the replacement cost of such
	 building at the time work is commenced or which was not previously heated or
	 cooled, for which a heating or cooling system is now proposed, except that the
	 restoration of historical buildings shall not be included.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 3 - APPLICABILITY › Section 107-3-001

Current through June 17, 2024
All new buildings, or renovations of/or additions to any existing
	 buildings on which construction is initiated on or after August 27, 2011 except
	 those excluded by section 002 of this chapter, shall be constructed so as to
	 comply with the Nebraska Energy Code or a local code that is equivalent to the
	 Nebraska Energy Code as defined in Neb Rev. Stat. §
									81-1618.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 3 - APPLICABILITY › Section 107-3-002

Current through June 17, 2024
The following buildings are exempt from the requirements of the
	 Nebraska Energy Code:
002.01 Any
  building which has a peak design rate of energy usage for all purposes of less
  than one watt, or three and four-tenths British Thermal Units per hour, per
  square foot of floor area.
002.02
  Any building which is neither heated nor cooled.
002.03 Any building or portion thereof which
  is owned by the United States of America.
002.04 Any manufactured home as defined by
  Neb. Rev. Stat. §
									71-4603.
002.05 Any modular housing unit as defined by
  subdivision (1) of Neb. Rev. Stat. §
									71-1557.
002.06 Any building or structure that is:
002.06a listed on the National Register of
  Historic Places,
002.06b designated
  as a historic property under local or state designation law or
  survey,
002.06c certified as a
  contributing resource with a National Register-listed or locally designated
  historic district, or.
002.06d with
  an opinion or certification that the property is eligible to be listed on the
  state or National Register of Historic Places either individually or as a
  contributing building to a historic district by the State Historic Preservation
  Officer or the Keeper of the National Register of Historic Places.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-001

Current through June 17, 2024
Any county, city or village may adopt and enforce a lighting and
	 thermal efficiency ordinance, resolution, code, or standard. Such ordinance,
	 resolution, code or standard shall be deemed equivalent to the Nebraska Energy
	 Code if it does not result in energy consumption greater than would result from
	 the strict application of the Nebraska Energy Code and is reasonably consistent
	 with the intent of Neb. Rev. Stat. §
									81-1608
	 to
	 81-1626.
	 Any building or portion thereof subject to the jurisdiction of and inspected by
	 such county, city or village shall be deemed to comply with Neb. Rev. Stat
	 §
									81-1608
	 to
	 81-1626
	 if it meets the standards of such ordinance, resolution, code or standards.
	 Such county, city or village may by ordinance or resolution prescribe a
	 schedule of fees sufficient to pay the costs incurred pursuant to Neb. Rev.
	 Stat. §
									81-1608
	 to
	 81-1626.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-002

Current through June 17, 2024
The clerk of a county, city or village which adopts a local code
	 pursuant to this law shall notify the Office of the adoption of such code. The
	 letter of notification shall include:
002.01 the technical basis of the local
  code,
002.02 the ordinance or
  resolution number and dale of passage, and
002.03 the code jurisdiction
  limits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-003

Current through June 17, 2024
Any county, city or village which adopts and enforces a lighting and
	 thermal efficiency ordinance, resolution, code, or standard may waive a
	 specific requirement of the Nebraska Energy Code when meeting such requirement
	 is not economically justified. The following procedures shall apply:
003.01 The local code authority shall submit
  to the Office its analysis for determining that a specific requirement is not
  economically justified.
003.02 The
  Office shall review such analysis and transmit its findings and conclusions to
  the local code authority within 20 working days of receipt of the submission
  from the local code authority.
003.03 The local code authority shall submit
  to the Office its explanation as to how the original code or any revised code
  addresses the issues raised by the Office, after which the local code authority
  may proceed to enforce its ordinance, resolution, code, or standard.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-004

Current through June 17, 2024
Any county, city or village which adopts and enforces, or is
	 considering adopting and enforcing a local code, may request technical
	 assistance from the Office. This assistance shall include the training of
	 building officials in building technology and enforcement procedures related to
	 implementation of the Nebraska Energy Code, and the development of training
	 programs suitable for presentation by local government officials, educational
	 institutions, and other persons.
004.01
Subsequent requests for
training shall be fulfilled at
  a fee that pays for the Office's costs for such training.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-001

Current through June 17, 2024
The Office and any local code authority may conduct inspections and
	 investigations as are necessary to ensure that new buildings, additions, and/or
	 renovations are actually being constructed in accordance with the Nebraska
	 Energy Code or local code that is equivalent to the Nebraska Energy Code as
	 defined in Neb. Rev. Stat. §
									81-1618.
	 Such inspections shall:
001.01 be made
  at reasonable hours, and
001.02 be
  conducted only after permission has been granted by the owner or occupant or
  after a warrant has been issued pursuant to Neb. Rev. Stat §
									29-830
  to §
									29-835.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-002

Current through June 17, 2024
If the Director of the Office or the local code authority finds, within
	 two years from the date a building is first occupied, that the building, at the
	 time of construction, did not comply with the Nebraska Energy Code or
	 equivalent code adopted by a county, city or village in effect at such time,
	 the Director or local code authority may order the owner or prime contractor to
	 take those actions necessary to bring the building into compliance with the
	 Nebraska Energy Code or local code that is equivalent to the Nebraska Energy
	 Code as defined in Neb. Rev. Stat. §
									81-1618.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-003

Current through June 17, 2024
The Office shall investigate complaints in which it is alleged that
	 the county, city or village is not effectively enforcing its local code, or
	 that the code is not equivalent to the Nebraska Energy Code, and shall order
	 the county, city or village to take corrective action if such complaints are
	 substantiated by the investigation.
003.01 A building owner may submit a written
  request that the office undertake a determination pursuant to section 003 of
  this chapter. Such request shall include a list of reasons why the building
  owner believes such a determination is necessary.
003.02 A building owner aggrieved by the
  office's determination, or refusal to make such determination, may appeal such
  determination or refusal as provided in the Administrative Procedure
  Act.
003.03 The Office may charge
  an amount sufficient to recover the cost of providing such
  determination
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-004

Current through June 17, 2024
The Office shall not inspect construction nor intervene in any other
	 way in the process of building design and/or construction within the
	 jurisdiction of any county, city or village which has adopted and is enforcing
	 a local code, except as set forth in section 003 of this
	 chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-005

Current through June 17, 2024
In all parts of the State except those areas within the jurisdiction
	 of a county, city or village which has adopted and is enforcing a local code,
	 that is equivalent to the Nebraska Energy Code as defined in Neb. Rev Stat.
	 §
									81-1618,
	 the following requirements shall apply:
005.01 If an architect or engineer is not
  retained in designing the building, then the prime contractor(s) shall be
  responsible for causing the building to be constructed in accordance with the
  Nebraska Energy Code.
005.02 If an
  architect or engineer is retained in designing the building, then the architect
  or engineer shall be responsible for designing the building in accordance with
  the Nebraska Energy Code, and shall indicate that the building design meets the
  Nebraska Energy Code by placing his or her state registration seal on the
  construction drawings. The prime contractor(s) shall then be responsible for
  causing the building to be constructed in accordance with the plans prepared by
  the architect or engineer.
005.03
  The Prime Contractor(s) shall be responsible for conducting the Duct Tightness
  test as outlined in 403.2.2, and the Air Barrier and Insulation Inspection
  Component Criteria, Table 402.4.2, of the 2009 IECC. The Prime Contractor(s)
  shall maintain verification (substantiation, confirmation, proof) of the tests
  and inspections for two years from the date a building is first occupied. This
  verification shall be made available to the Office if requested.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-006

Current through June 17, 2024
The Office shall investigate complaints by building owners regarding
	 substandard construction in areas outside the jurisdiction of a local code, and
	 shall order corrective action where warranted, as set forth in Neb. Rev. Stat.
	 §
									81-1616.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 107 - STATE ENERGY OFFICE › Chapter 5 - CODE ENFORCEMENT › Section 107-5-007

Current through June 17, 2024
Failure to comply with §
									81-1608
	 to
	 81-1626
	 or ordering, instructing, or directing another not to comply with sections
	 81-1608
	 to
	 81-1626
	 shall be a Class IV misdemeanor.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - ADOPTION OF MODEL RULES › Section 115-1-001

Current through June 17, 2024
For any proceeding before the agency to which the Administrative
	 Procedures Act, Neb. Rev. Stat. §
									84-901
	 et seq. is made applicable by statute, the following Model Rules of Agency
	 Procedure promulgated as Title 53 NAC by the Nebraska Attorney General, are
	 incorporated by reference except as specifically indicated.
001.01 53 NAC Chapter 1 - Negotiated
  Rulemaking.
001.02 53 NAC Chapter 2
  - Petition for Rulemaking.
001.03
  53 NAC Chapter 3 - Procedures Governing Declaratory Orders.
001.04 53 NAC Chapter 4 - Rules of Procedure
  for Hearings in Contested Cases Before an Agency.
001.04A When the action before the agency is
  initiated by an administrative order or permit decision issued by the director
  under Neb. Rev. Stat. §
										81-1507,
  the petition and request for a contested case hearing must be filed within
  thirty days of receipt of the administrative order or permit decision in
  accordance with Neb. Rev. Stat. §
										81-1507.
  The contested case proceeding commences on the filing of a petition and request
  for a contested case hearing by the recipient of the administrative order or
  permit decision.
001.04B When the
  action before the agency is initiated by an emergency order issued by the
  director in accordance with Neb. Rev. Stat. §
										81-1507,
  the emergency order is effective immediately and the filing of a petition and
  request for a contested case hearing does not stay its
  effectiveness.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-001

Current through June 17, 2024
Whenever the agency requests that a regulated entity furnish records or
	 information which may be entitled to confidential treatment as trade secrets
	 under Neb. Rev. Stat. §
									81-1527
	 or §
									84-712.05,
	 the regulated entity may raise a claim of confidentiality for trade secrets at
	 the time of submission of the record or information to the agency.
001.01 If no claim of confidentiality for
  trade secrets accompanies the record or information when it is received by the
  agency, the claim is waived and the material may be made available to the
  public by the agency without further notice to the submitting entity, unless
  the claimant establishes a just reason for the claim subsequent to submission
  of the record or information under 002.
001.02 The claimant should certify the record
  or information by placing on or attaching at the time of submission a cover
  sheet with appropriate notice, reasons for asserting the claim, and language,
  such as trade secret, proprietary, or confidential.
001.03 The appropriate notice and reasons for
  asserting the claim should include:
001.03A
  Certification that the record or information is entitled to confidentiality as
  a trade secret and that such claim has not expired by its terms, been waived,
  or withdrawn;
001.03B Description
  of reasonable measures the claimant has taken to protect the confidentiality of
  the information or record, and that it intends to continue to take such
  measures;
001.03C Assurance that
  the information or record is not, and has not been, reasonably obtainable
  without the claimant's consent by other persons (other than governmental
  bodies) by use of legitimate means; and
001.03D Reasons why or how disclosure of the
  information or record is likely to result in substantial harmful effects to the
  business's competitive position and what those harmful effects would be, why
  they should be viewed as substantial, and an explanation of the causal
  relationship between disclosure and such harmful effects.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-002

Current through June 17, 2024
If a confidentiality claim for trade secrets covering the record or
	 information is received after the submission of the record or information
	 itself is received, the agency will make such efforts as are administratively
	 practicable to associate the late claim with copies of the previously-submitted
	 information in the agency files, although the agency cannot assure that such
	 efforts will be effective given the possibility of prior disclosure to the
	 public.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-003

Current through June 17, 2024
For each claim the director or his or her designee will determine
	 whether sufficient information has been provided to support the claim that the
	 record or information relates to processes or methods are entitled to
	 protection as trade secrets.
003.01 In
  making such determination, the director will consider whether:
003.01A The claimant has asserted a business
  confidentiality claim which has not expired by its terms, nor been waived nor
  withdrawn;
003.01B The claimant has
  satisfactorily shown that it has taken reasonable measures to protect the
  confidentiality of the information or record, and that it intends to continue
  to take such measures;
003.01C The
  information or record is not, and has not been, reasonably obtainable without
  the business' consent by other persons (other than governmental bodies) by use
  of legitimate means (other than discovery based on a showing of special need in
  a judicial or quasi-judicial proceeding);
003.01D No statute specifically requires
  disclosure of the information or record; and
003.01E The claimant has satisfactorily shown
  that disclosure of the information or record is likely to cause substantial
  harm to the business's competitive position.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-004

Current through June 17, 2024
Whenever the director or his or her designee preliminarily determines
	 that records or information required to be submitted to the agency are not
	 entitled to confidential treatment as trade secrets, a written explanation of
	 the reasons for such determination will be furnished to the claimant, who will
	 be afforded an opportunity to comment before a final decision is made.
004.01 Notice of such determination will be
  sent by certified mail to the claimant specifying a reasonable time allowed for
  comments.
004.02 Failure to furnish
  timely comments will be considered a waiver of the claim.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-005

Current through June 17, 2024
Notice of the final decision denying a claim for confidential treatment
	 of records or information as trade secrets will be provided to the claimant in
	 writing by certified mail. The agency will make the record or information
	 available to the public on the tenth day after the date of the claimant's
	 receipt of the written notice of denial of its claim.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - CONFIDENTIALITY FOR TRADE SECRETS › Section 115-2-006

Current through June 17, 2024
The director may not withhold records as confidential if they have been
	 disclosed in an open court, open administrative proceeding, open meeting or
	 disclosed by the department in its duties.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-001

Current through June 17, 2024
Unless more specific requirements in other agency Titles apply, this
	 contains minimum requirements for public hearings for:
001.01 Permit decisions which by statute or
  other agency regulations provide for public notice, public review and comment,
  and an opportunity to request a public hearing before making a final permit
  decision.
001.02 Fact-finding
  hearings afforded by statute or regulation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-002

Current through June 17, 2024
To the extent provided by statute or other agency regulations
	 authorizing public hearings for proposed permit decisions, any person may
	 submit written comments on the proposed permit decision and may request a
	 public hearing, if no hearing has already been scheduled. A request for a
	 public hearing is to be submitted in writing and state the nature of the issues
	 proposed to be raised in the hearing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-003

Current through June 17, 2024
If the director or his or her designee tentatively decides to issue or
	 modify a permit, a draft permit shall be prepared. The draft permit will
	 be:
003.01 Accompanied by a statement
  of basis described in 005;
003.02
  Based on the administrative record described in 006;
003.03 Publicly noticed as described in 007;
  and
003.04 Made available for
  public review and comment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-004

Current through June 17, 2024
If the director or his or her designee tentatively decides to deny or
	 revoke a permit, the tentative decision will be:
004.01 Accompanied by a statement of the
  basis and reasons for the revocation described in 005;
004.02 Based on the administrative record
  described in 006;
004.03 Publicly
  noticed as described in 007; and
004.04 Made available for public review and
  comment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-005

Current through June 17, 2024
A statement of basis will be prepared for every draft permit decision.
	 A statement of basis will briefly describe the authority and reasons for the
	 conditions of the draft permit, or in the case of permit denial or revocation,
	 reasons supporting the tentative decision.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-006

Current through June 17, 2024
The administrative record for a tentative permit decision will consist
	 of:
006.01 The application, if
  required, and any supporting data furnished by the applicant;
006.02 The draft permit or notice of intent
  to deny the application or to revoke the permit;
006.03 The statement of basis;
006.04 Other documents contained in the
  supporting file for the draft permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-007

Current through June 17, 2024
Unless more specific requirements in other agency Titles apply, the
	 agency will provide public notice of tentative permit decisions by placing the
	 notice on the agency webpage for a minimum of thirty days or by publication in
	 a daily or weekly newspaper having general circulation in the area affected by
	 the permit.
007.01 The public notice
  shall contain the following minimum information:
007.01A Name and address of the
  agency;
007.01B Name and address of
  the permittee or permit applicant and, if different, of the facility or
  activity regulated by the permit;
007.01C A brief description of the business
  conducted at the facility or activity described in the permit application or
  the draft permit;
007.01D Name,
  address and telephone number of a person from whom interested persons may
  obtain further information or copies of documents; and
007.01E A brief description of the comment
  procedures and the time and place of any hearing that will be held, including a
  statement of procedures to request a hearing unless a hearing has already been
  scheduled.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-008

Current through June 17, 2024
The agency will hold a public hearing whenever the director or his or
	 her designee finds, on the basis of requests, a significant degree of public
	 interest in the tentative permit decision exists. The director or his or her
	 designee may also hold a public hearing at his or her discretion, whenever such
	 a hearing might clarify one or more issues involved in the permit decision. The
	 director may appoint a hearing officer to conduct the hearing.
008.01 The agency will provide public notice
  of the hearing as specified in 007.
008.02 In addition to the general public
  notice described in 007, the public notice of a hearing will contain the
  following information:
008.02A Date, time, and
  place of the hearing, which will be held in the area affected unless another
  location is specifically required; and
008.02B A brief description of the nature and
  purpose of the hearing, including the applicable rules and
  procedures.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-009

Current through June 17, 2024
All persons, including applicants, who believe any proposed condition
	 of a draft permit is inappropriate or that the director's tentative decision to
	 deny an application or revoke a permit is inappropriate, must raise all
	 reasonably ascertainable issues and submit all reasonably available arguments
	 supporting their position by the close of the public comment period, including
	 any public hearing. Any supporting materials which are submitted are to be
	 included in full unless they are part of the administrative record in the same
	 proceeding or consist of State or Federal statutes and regulations or other
	 generally available reference materials.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-010

Current through June 17, 2024
Upon conclusion of the public hearing the hearing officer, if one was
	 appointed, shall forward the transcript or recording of the hearing and any
	 other evidence to the director for a final decision. Any final decision made by
	 the director shall be governed by the standards set forth in the Nebraska
	 Administrative Procedure Act, Neb. Rev. Stat. §
									84-901
	 et seq. and applicable statutory and regulatory authority of the
	 agency.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-011

Current through June 17, 2024
The director or his or her designee will base the final permit decision
	 on the administrative record described in this section which shall consist
	 of:
011.01 The administrative record
  for the tentative permit decision described in 006;
011.02 All comments received during the
  public comment period;
011.03 The
  tape or transcript of any hearings held;
011.04 Any written materials submitted at
  such a hearing;
011.05 Any response
  to comments prepared by the agency; and
011.06 The final permit or permit
  decision.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-012

Current through June 17, 2024
The final decision to issue a permit may be reviewed by the district
	 court in a proceeding instituted by filing a petition in error pursuant to Neb.
	 Rev. Stat. §
									25-1901
	 and Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-013

Current through June 17, 2024
In accordance with Neb. Rev. Stat. §
									81-1507(3),
	 any person who is denied a permit or had a permit revoked or modified may
	 request a contested case under this title by filing a petition with the
	 director within thirty days after receipt of notice of the permit
	 decision.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-014

Current through June 17, 2024
Unless more specific requirements in other agency Titles apply, the
	 agency will conduct fact-finding hearings in accordance with the statute or
	 regulation authorizing the hearing. At a minimum, the agency shall:
014.01 Publish notice of the hearing,
  including:
014.01A Date, time, and place of
  the hearing, which will be held in the area affected unless another location is
  specifically required, and
014.01B
  A brief description of the nature and purpose of the hearing, including the
  applicable rules and procedures.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-015

Current through June 17, 2024
Rulemaking hearings before the Environmental Quality Council will be
	 conducted in accordance with Neb. Rev. Stat. §
									81-1505(17)
	  and the Administrative Procedure
	 Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-016

Current through June 17, 2024
Strict rules of evidence and procedure will not apply in fact-finding
	 hearings. The director or a hearing officer appointed by the director may admit
	 and consider all relevant testimony and evidence having probative value in
	 connection with the subject of the hearing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 115 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - PUBLIC HEARINGS › Section 115-3-018

Current through June 17, 2024
The hearing officer will among other things, open the proceedings,
	 enter into the record the public notice given for the hearing, receive
	 testimony, accept and properly mark exhibits, make a record of the hearing, and
	 conduct such other related duties as necessary. Unless the final decisionmaker
	 is presiding at the hearing, the hearing officer will have no power, acting
	 alone, to take any action involving a final determination from the
	 hearing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-001

Current through June 17, 2024
The following terms are defined in Neb. Rev. Stat. §
									81-1502:
	 Department, Garbage, Junk, Point Source, Refuse, Rubbish, and Water
	 Pollution.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-002 - Acute Criteria

Current through June 17, 2024
"Acute Criteria" means the threshold concentration of a substance that
	 aquatic organisms can be exposed to for a period of 96 hours or less with no
	 resulting acute toxicity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-003 - Acute Mixing Zone

Current through June 17, 2024
"Acute Mixing Zone" means the limited area or volume of a waterbody, as
	 designated by the Department, which adjoins a point source discharge, where
	 acute criteria may be exceeded while wastewaters which have received the
	 applicable level of treatment or control are allowed to assimilate, disperse,
	 dissipate, or undergo chemical transformation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-004 - Acute Toxicity

Current through June 17, 2024
"Acute Toxicity" means the response of an aquatic organism to a
	 concentration of a substance which results in injury or mortality within a
	 period of 96 hours or less.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-005 - Acute Toxic Units (TU[a])

Current through June 17, 2024
"Acute Toxic Units (TUa)" means the reciprocal
	 of the effluent dilution that causes an acute effect (e.g.,
	 LC50) to the test organism by the end of the acute
	 exposure period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-006 - Applicable Level of Treatment or Control

Current through June 17, 2024
"Applicable Level of Treatment or Control" means that treatment or
	 control which is required by Title 119 - Rules and Regulations Pertaining to
	 the Issuance of Permits under the National Pollutant Discharge Elimination
	 System; Title 120 - Procedures Pursuant to Section 401 of the Federal Clean
	 Water Act,
	 33 U.S.C. §
										1251 Et Seq., for Certification by the
	 Department of Activities Requiring a Federal License or Permit which may Result
	 in a Discharge; or which is otherwise specified by the Department considering
	 best available technology and management practices.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-007 - Beneficial Use

Current through June 17, 2024
"Beneficial Use" means any productive use of surface waters for which
	 water quality is protected. Beneficial uses include but are not limited to
	 agricultural, industrial, and public water supplies; support and propagation of
	 fish, and other aquatic life; recreation in and on the water; and aesthetics.
	 Waste assimilation, disposal, or transport are not beneficial
	 uses.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-008 - Bioassay

Current through June 17, 2024
"Bioassay" means a test used to evaluate the relative toxicity of a
	 substance by comparing its effect on a living organism to the effect of a
	 standard preparation (control) on the same type of organism.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-010 - Chronic Criteria

Current through June 17, 2024
"Chronic Criteria" means the threshold concentration of a substance
	 that aquatic organisms can be exposed to for a period exceeding 96 hours with
	 no resulting chronic toxicity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-011 - Chronic Mixing Zone

Current through June 17, 2024
"Chronic Mixing Zone" means the limited area or volume of a waterbody,
	 as designated by the Department, which adjoins a point source discharge, where
	 chronic criteria may be exceeded while wastewaters which have received the
	 applicable level of treatment or control are allowed to assimilate, disperse,
	 dissipate, or undergo chemical transformation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-012 - Chronic Toxicity

Current through June 17, 2024
"Chronic Toxicity" means the response of an aquatic organism to a
	 concentration of a substance which results in adverse effects such as injury,
	 mortality, reduced growth, or impaired reproduction after period of exposure
	 exceeding 96 hours.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-013 - Chronic Toxic Units (TU[c])

Current through June 17, 2024
"Chronic Toxic Units (TUc)" means the reciprocal
	 of the effluent dilution that causes no chronic toxicity to the test organisms
	 by the end of the chronic exposure period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-015 - Colloidal Substances

Current through June 17, 2024
"Colloidal Substances" means clay or other substances which do not
	 settle out of suspension in water without the use of a
	 flocculent.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-016 - Conductivity

Current through June 17, 2024
"Conductivity" means a measure of the ability of water to conduct an
	 electrical current which is expressed in micromhos per centimeter. Conductivity
	 is related to the number and types of chemical ions or dissolved solids in
	 solution.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-017 - Cubic Foot per Second (cfs)

Current through June 17, 2024
"Cubic Foot per Second (cfs)" means the unit of measurement used in
	 reporting stream discharge, sometimes referred to as second-foot (sec-ft). It
	 is a volume of one cubic foot passing a given point during one second of time
	 and is equivalent to 7.48 gallons per second or 448.8 gallons per
	 minute.