reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-018 - Daily Mean

Current through June 17, 2024
"Daily Mean" means an average of at least two appropriately spaced
	 measurements, as determined by the Department, calculated over a period of one
	 day. In calculating the daily mean for dissolved oxygen, values used in the
	 calculations shall not exceed the dissolved oxygen air saturation value. If a
	 measured value exceeds the dissolved oxygen air saturation value, then the
	 dissolved oxygen air saturation value shall be used in calculating the daily
	 mean.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-020 - Dissolved Oxygen Air Saturation Value

Current through June 17, 2024
"Dissolved Oxygen Air Saturation Value" means the concentration of
	 dissolved oxygen which represents 100 percent saturation at any given point in
	 a water body based on the water temperature and atmospheric
	 pressure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-026 - Existing Uses

Current through June 17, 2024
"Existing Uses" means those beneficial uses actually attained or
	 attainable in a water body on or after November 28, 1975, whether or not they
	 are included in these standards.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-027 - Fecal Coliform

Current through June 17, 2024
"Fecal Coliform" means the portion of the coliform bacteria group which
	 is present in the gut or feces of warm-blooded animals and generally includes
	 organisms which are capable of producing gas from lactose broth in a suitable
	 culture medium within 24 hours at 44.5 ± 0.5°C.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-029 - Hardness

Current through June 17, 2024
"Hardness" means a characteristic of water which represents the total
	 concentration of polyvalent cations (e.g., calcium, magnesium) expressed as
	 calcium carbonate in mg/l. Hardness may be calculate for most waters by adding
	 together the values obtained from multiplying the concentrations of calcium by
	 2.497 and magnesium by 4.116 to obtain the equivalent calcium carbonate
	 concentration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-030 - High-Rate Diffusers

Current through June 17, 2024
"High-Rate Diffusers" means devices attached to, or part of, a
	 discharge outfall structure which provide discharge velocities that promote
	 turbulent initial mixing of wastewaters with the receiving water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-032 - Key Species

Current through June 17, 2024
"Key Species" means identified endangered, threatened, sensitive, or
	 recreationally-important aquatic species associated with a particular water
	 body and its aquatic life use class.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-033 - Lake or Impounded Water

Current through June 17, 2024
"Lake or Impounded Water" means any waterbody with all of the following
	 characteristics:
(1) situated in a
  topographic depression or a dammed stream channel;
(2) 30 percent or less areal coverage of
  trees, shrubs, persistent emergent aquatic plants, or emergent mosses;
  and
(3) total area exceeds 20 acres.
  Similar waterbodies totaling less than 20 acres are also included if an active
  waveformed or bedrock shoreline feature makes up all or part of the boundary,
  or if the water depth in the deepest part of the basin exceeds 6.6 feet.
  Impounded waters in this definition may be manmade or naturally occurring
  collections or confinements of water. They do not include areas designated by
  the Department as wastewater treatment or wastewater retention facilities or
  irrigation reuse pits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-034 - LC[50]

Current through June 17, 2024
"LC50" means the statistical estimate of the
	 concentration of a substance which kills 50 percent of the bioassay test
	 organisms under test conditions specified or approved by the
	 Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-035 - Metalimnion

Current through June 17, 2024
"Metalimnion" means the layer of a thermally stratified lake which
	 exhibits a steep temperature gradient and separates the epilimnion above from
	 the hypolimnion below.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-036 - Milligrams per Liter (mg/L)

Current through June 17, 2024
"Milligrams per Liter (mg/L)" means the milligrams of substance per
	 liter of solution, equivalent to parts per million assuming unit density of the
	 solution.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-037 - Mixing Zone

Current through June 17, 2024
"Mixing Zone" means the limited area or volume of a water body, as
	 designated by the Department, which adjoins a point source discharge, and into
	 which 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 117-1-039 - Noncontact Cooling Water

Current through June 17, 2024
"Noncontact Cooling Water" means water used to reduce temperature which
	 does not come into direct contact with any raw material, intermediate product,
	 waste product (other than heat), or finished product.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-041 - Nuisance Aquatic Life

Current through June 17, 2024
"Nuisance Aquatic Life" means species of aquatic flora or fauna whose
	 noxious characteristics or presence in sufficient numbers, biomass, or areal
	 extent may reasonably be expected to prevent or interfere with a beneficial
	 use.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-043 - One-Day Ten-Year (1Q10) Low Flow

Current through June 17, 2024
"One-Day Ten-Year (1Q10) Low Flow" means the discharge at the ten-year
	 recurrence interval determined from a frequency distribution of annual values
	 of the lowest discharge for one day.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-044 - One-Hour Average

Current through June 17, 2024
"One-Hour Average" means an average of at least two appropriately
	 spaced measurements, as determined by the Department, calculated over a period
	 of one hour.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-046 - pH

Current through June 17, 2024
"pH" means the negative logarithm of the hydrogen ion concentration (pH
	 = -log [H+]). pH expresses both the acidity and
	 alkalinity of water on a scale from 0 to 14, with 7 representing neutrality
	 (numbers less than 7 denote increasing acidity, and numbers greater than 7
	 denote increasing alkalinity).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-047 - Pollutant

Current through June 17, 2024
"Pollutant" means any gas, liquid, or solid introduced into a body of
	 water that causes water pollution. Pollutants under this definition include,
	 but are not limited to, dredged spoil, solid waste, incinerator residue,
	 sewage, garbage, sewage sludge, munitions, chemical wastes, biological
	 materials, radioactive materials, heat, wrecked or discarded equipment, rock,
	 sand, cellar dirt, and industrial, municipal, and agricultural waste discharged
	 into water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-048 - Recreationally-Important Species

Current through June 17, 2024
"Recreationally-Important Species" means any game fish species
	 identified by the Department, or any hybrid thereof, which is important to
	 sport fishermen and readily affected by water quality degradation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-049 - Resident Species

Current through June 17, 2024
"Resident Species" means those species that typically occur in a water
	 body including those that occur only seasonally or intermittently. Species that
	 were once present but can no longer return due to physical habitat alterations
	 are not included.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-051 - Sensitive Species

Current through June 17, 2024
"Sensitive Species" means any aquatic species identified by the
	 Department which has a limited distribution in the State and is indigenous to
	 stable, high quality aquatic environments.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-052 - Settleable Solids

Current through June 17, 2024
"Settleable Solids" means substances such as silt, organic detritus,
	 plankton, or sand, which settle to the bottom of a water body or water
	 column.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-055 - Seven-Day Ten-Year (7Q10) High Flow

Current through June 17, 2024
" Seven-Day Ten-Year (7Q10) High Flow" means the discharge at the
	 ten-year recurrence interval determined from a frequency distribution of annual
	 values of the highest average discharge for seven consecutive days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-056 - Seven-Day Ten-Year (7Q10) Low Flow

Current through June 17, 2024
" Seven-Day Ten-Year (7Q10) Low Flow" means the discharge at the
	 ten-year recurrence interval determined from a frequency distribution of annual
	 values of the lowest average discharge for seven consecutive days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-059 - Surface Waters

Current through June 17, 2024
"Surface Waters" means all waters within the jurisdiction of this
	 State, including all streams, lakes, ponds, impounding reservoirs, marshes,
	 wetlands, watercourses, waterways, springs, canal systems, drainage systems,
	 and all other bodies or accumulations of water, natural or artificial, public
	 or private, situated wholly or partly within or bordering upon the State.
	 Impounded waters in this definition do not include areas designated by the
	 Department as wastewater treatment or wastewater retention facilities or
	 irrigation reuse pits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-060 - Suspended Solids

Current through June 17, 2024
"Suspended Solids" means substances such as clay, silt, organic
	 detritus, plankton, or sand, which are held in suspension by water currents or
	 which exist in suspension as colloids.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-061 - Synergistic Effects

Current through June 17, 2024
"Synergistic Effects" means the cooperative action of discrete
	 substances such that the cumulative effects are greater than the sum of the
	 effects taken independently.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-062 - Thermal Stratification

Current through June 17, 2024
"Thermal Stratification" means a characteristic of certain lakes in
	 which distinct layers of water that differ in density exist because of
	 temperature differences. These layers are resistant to mixing with each
	 other.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-063 - Thirty-Day Five-Year (30Q5) High Flow

Current through June 17, 2024
"Thirty-Day Five-Year (30Q5) High Flow" means the discharge at the five
	 year recurrence interval determined from a frequency distribution of annual
	 values of the highest average discharge for thirty consecutive
	 days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-064 - Thirty-Day Five-Year (30Q5) Low Flow

Current through June 17, 2024
"Thirty-Day Five-Year (30Q5) Low Flow" means the discharge at the
	 five-year recurrence interval determined from a frequency distribution of
	 annual values of the lowest average discharge for thirty consecutive
	 days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-065 - Thirty-Day Mean" or "Thirty-Day Average

Current through June 17, 2024
"Thirty-Day Mean" or "Thirty-Day Average" means an average of the daily
	 mean values calculated over a period of thirty consecutive
	 days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-067 - Toxic Substances

Current through June 17, 2024
"Toxic Substances" means those pollutants or combination of pollutants,
	 radioactive substances, or disease causing agents, which after discharge and
	 upon exposure, ingestion, inhalation or assimilation into organisms, either
	 directly from the environment or indirectly by ingestion through food chains,
	 will on the basis of information available to the Department cause either
	 death, disease, behavioral abnormalities, cancer, genetic mutations,
	 physiological malfunctions (including malfunction in reproduction) or physical
	 deformations, on such organisms or their offspring.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-069 - Twenty-four Hour Average

Current through June 17, 2024
"Twenty-four Hour Average" means an average of at least two
	 appropriately spaced measurements, as determined by the Department, calculated
	 over a period of 24 consecutive hours.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-070 - Wastewater

Current through June 17, 2024
"Wastewater" means water containing sewage, and/or industrial wastes,
	 including, but not limited to, discharges from sand and gravel operations,
	 cooling water, storm water, street and road runoff, return flow from
	 irrigation, feedlot runoff, or wastes resulting from land erosion and other
	 discharges, treated or untreated, which enter directly or indirectly into the
	 waters of the State or to any storm sewer, and including the runoff from land
	 used for the disposition of wastes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-071 - Water Quality

Current through June 17, 2024
"Water Quality" means the biological, chemical, physical, and
	 radiological integrity of a body of water.
071.01 "Biological Integrity" means the
  plant, animal, and bacteriological species composition of a body of
  water.
071.02 "Chemical Integrity"
  means the chemical properties of the water, sediments, or biological organisms
  (e.g., concentrations in fish tissue) of a body of water.
071.03 "Physical Integrity" means the
  physical properties (e.g., temperature, turbidity, sedimentation) of a body of
  water.
071.04 "Radiological
  Integrity" means the radioactive properties of the water, sediments, or
  biological organisms (e.g., concentrations in fish tissue) of a body of
  water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-072 - Water Quality Criteria

Current through June 17, 2024
"Water Quality Criteria" means the elements of standards which are
	 expressed as concentrations, levels, or narrative statements and represent the
	 quality of water that is necessary to protect a beneficial
	 use.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-073 - Wetland

Current through June 17, 2024
"Wetland" means those areas that are inundated or saturated by surface
	 or groundwater at a frequency and duration sufficient to support, and that
	 under normal circumstances do support, a prevalence of vegetation typically
	 adapted for life in saturated soil conditions. Wetlands generally include
	 swamps, marshes, bogs, and similar areas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITION OF TERMS › Section 117-1-074 - Zone of Passage

Current through June 17, 2024
"Zone of Passage" means the area or volume of a water body outside of
	 any mixing zone or zones which provides a continuous water route for the free
	 passage of swimming and drifting aquatic organisms such that there are no
	 adverse effects to their populations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-001

Current through June 17, 2024
These standards apply at all times to all surface waters of the State
	 except where noted below. Impounded waters designated by the Department as
	 wastewater treatment facilities, wastewater retention facilities, or irrigation
	 reuse pits are by definition (Chapter 1) not surface waters, thus standards do
	 not apply to these waters.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-002

Current through June 17, 2024
The water quality criteria which may be necessary to protect downstream
	 beneficial uses are applicable to all surface waters, whether or not those
	 beneficial uses are assigned to a given water body in these
	 Standards.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-004

Current through June 17, 2024
The application of standards for lakes and impounded waters is in
	 accordance with Chapters 3, 4, and 6. Lakes and impounded waters not identified
	 in Chapter 6 are protected for the assigned beneficial uses of the stream
	 segments (Chapter 5) on which they are located. Water quality criteria
	 associated with such beneficial uses are applicable to these lakes and
	 impounded waters. Lakes not identified in Chapter 6 that are not located on
	 stream segments are to be protected in accordance with 009 of this
	 chapter.
004.01 In lakes and
  impoundments, or portions thereof, which exhibit natural thermal
  stratification, all applicable narrative and numerical criteria, with the
  exception of the numerical criteria for temperature, apply only to the
  epilimnion. Numerical temperature criteria apply at all depths (epilimnion,
  metalimnion, and hypolimnion) of lakes and impoundments exhibiting natural
  thermal stratification. In lakes and impoundments, or portions thereof, not
  exhibiting natural thermal stratification, the applicable narrative and
  numerical criteria apply at all depths.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-006

Current through June 17, 2024
These standards may be applied through Title 119 - Rules and
	 Regulations Pertaining to the Issuance of Permits Under the National Pollutant
	 Discharge Elimination System and 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.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-007

Current through June 17, 2024
Narrative and numerical water quality criteria associated with
	 aesthetics (Chapter 4, 005) and general criteria and acute toxicity criteria
	 for protection of aquatic life (Chapter 4, 003) apply to all surface waters
	 except as stated below in paragraphs 008, 010, 011, 012, and
	 013.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-008

Current through June 17, 2024
These standards, except water quality criteria associated with
	 aesthetics (Chapter 4, 005), will not apply to effluents and non-contact
	 cooling water discharges, although these standards are used in deriving
	 effluent limitations pursuant to Title 119 - Rules and Regulations Pertaining
	 to the Issuance of Permits Under the National Pollutant Discharge Elimination
	 System.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-009

Current through June 17, 2024
These standards, except narrative and numerical water quality criteria
	 associated with aesthetics (Chapter 4, 005) and general criteria and acute
	 toxicity criteria for protection of aquatic life (Chapter 4, 003), will not
	 apply to:
009.01 Streams assigned a
  Coldwater Class A, Coldwater Class B, or Warmwater Class A Aquatic Life use
  during periods when the flow is less than 0.1 cfs or the 7-day 10-year low
  flow, unless an assigned beneficial use still exists under these conditions.
  Thirty-day average ammonia criteria will not apply to these streams during
  periods when the flow is less than 0.1 cfs or the 30-day 5-year low flow unless
  an assigned beneficial use still exists under these conditions.
009.02 Streams assigned the Warmwater Class B
  Aquatic Life use during periods when the flow is less than 1.0 cfs, unless an
  assigned beneficial use still exists under this condition.
009.03 Undesignated surface waters except as
  necessary to protect assigned downstream beneficial uses. Acute criteria which
  are applicable to these surface waters include those applicable for the
  Warmwater Class B Aquatic Life use.
009.04 Streams during periods when the
  instantaneous flow is totally composed of effluent or non-contact cooling water
  discharges, excluding minor amounts of bank seepage, unless an assigned
  beneficial use still exists under these conditions.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-011

Current through June 17, 2024
Water quality criteria in Chapters 4 and 7 related to aquatic
	 herbicides or algicides and their effects will not apply to waters within
	 canals, except those canals designated as segments in Chapter 5, during periods
	 when these chemicals are applied by an irrigation district for the control of
	 aquatic plants.
011.01 All standards
  apply at all times to waters within canals designated as segments in Chapter
  5.
011.02 Discharges from canal to
  other surface waters of the State are not to, at any time, contain herbicides
  or algicides in amounts which are toxic to aquatic life.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-012

Current through June 17, 2024
Water quality criteria in Chapters 4 and 7 related to aquatic biocides
	 (e.g., ichthyocides, algicides, herbicides) and their effects will not apply to
	 surface waters during periods when aquatic biocides are applied by an entity
	 responsible for the management of a surface water body under the following
	 conditions:
012.01 Aquatic biocides
  are to be applied only for the purposes of attaining, maintaining, or enhancing
  beneficial uses identified in Chapters 4, 5, 6 and 7.
012.02 Application of aquatic biocides are
  not to cause adverse impacts to any assigned beneficial uses of surface waters
  beyond the targeted surface water body.
012.03 Application of aquatic biocides are to
  be in accordance with the label restrictions and all applicable federal, state,
  and local laws or regulations.
012.04 Entities responsible for the
  management of surface water bodies may include the Nebraska Game and Parks
  Commission, Natural Resources Districts, U.S. Fish and Wildlife Service, U.S.
  Forest Service, National Parks Service, U.S. Army Corps of Engineers, city
  governments, or any other entity responsible for managing the surface water
  body's assigned beneficial uses.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-013

Current through June 17, 2024
These standards will not apply to:
013.01 Waters below existing hydroelectric
  plants during periods of approved sluicing activities, provided the
  hydroelectric plant was operational prior to May 10, 1982. The Department will
  determine when sluicing activities will be allowed.
013.01A Sluicing activities will be conducted
  in such a manner as to minimize any harmful effects on assigned beneficial
  uses.
013.01B Sluicing is not to
  occur immediately before or during critical reproductive periods of identified
  key species.
013.01C In the event
  that the sluicing activity has been determined to have a deleterious impact on
  the aquatic biota of the State waters, the operator is to pay to the Game and
  Parks Commission annually the lesser of A., $ 5000.00, or B., 20% of the annual
  damages, which is the fair market mitigation to the fisheries resulting from
  the sluicing activity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-014

Current through June 17, 2024
Because the frequency and extent of monitoring programs can only
	 approximate whether surface waters meet or exceed water quality criteria that
	 are based on averages over a specified time period in Chapters 4 and 7,
	 assessment of compliance with these criteria may utilize scientifically
	 accepted statistical procedures.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - APPLICATION OF STANDARDS › Section 117-2-015 - Variances

Current through June 17, 2024
015.01 Upon written application by any person
  and meeting the requirements of this section, the director may grant a variance
  for an interim beneficial use and interim criterion when it is determined that
  the attainment of a current beneficial use and criterion is not feasible
  because one of the following conditions is met:
015.01A One of the factors listed in
  40 C.F.R
  131.10(g) dated July 1,
  2018, which is adopted and incorporated by reference, exists.
015.01B Actions necessary to facilitate lake,
  wetland, or stream restorations through dam removal or other significant
  reconfiguration activities preclude attainment of the designated use and
  criterion while the actions are being implemented.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - ANTIDEGRADATION CLAUSE › Section 117-3-001

Current through June 17, 2024
The water quality of surface waters, consistent with uses applied in
	 these Standards, shall be maintained and protected. Water quality degradation
	 which would adversely affect existing uses will not be
	 allowed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - ANTIDEGRADATION CLAUSE › Section 117-3-002 - State Resource Waters - Class A

Current through June 17, 2024
These are surface waters, whether or not they are designated in these
	 Standards, which constitute an outstanding State or National resource, such as
	 waters within national or state parks, national forests or wildlife refuges,
	 and waters of exceptional recreational or ecological significance. Waters which
	 provide a unique habitat for federally designated endangered or threatened
	 species and rivers designated under the Wild and Scenic Rivers Act are also
	 included. The existing quality of these surface waters shall be maintained and
	 protected.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - ANTIDEGRADATION CLAUSE › Section 117-3-003 - State Resource Waters - Class B

Current through June 17, 2024
These are surface waters, whether or not they are designated in these
	 Standards, which possess an existing quality which exceeds levels necessary to
	 maintain recreational and/or aquatic life uses. The existing water quality of
	 these surface waters shall be maintained and protected. However, the State may
	 choose, in accordance with Neb. Rev. Stat. §
									81-1513,
	 to allow lower water quality as a result of important and necessary economic or
	 social development in the area. There shall be achieved the highest statutory
	 and regulatory requirements for all new and existing point sources and all
	 cost-effective and reasonable best management practices for nonpoint source
	 control. In cases where potential water quality impairment associated with a
	 thermal discharge is involved, the method of implementation of this
	 antidegradation policy shall be consistent with Section 316 of the Clean Water
	 Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - STANDARDS FOR WATER QUALITY › Section 117-4-001

Current through June 17, 2024
It is the public policy of the State of Nebraska to protect and improve
	 the quality of surface water for human consumption, wildlife, fish and other
	 aquatic life, industry, recreation, and other productive, beneficial
	 uses.
Beneficial uses are assigned to surface waters within or bordering upon
	 the State of Nebraska (Chapters 5 and 6). Assigned and existing beneficial uses
	 are protected by the Antidegradation Clause (Chapter 3) and the narrative and
	 numerical water quality criteria in this chapter. Beneficial uses are also
	 protected by permits issued in accordance with the requirements of these
	 standards, and through Department requirements for the applicable level of
	 treatment or control for point and nonpoint sources of pollution. Some uses
	 require higher quality water than others. When multiple uses are assigned to
	 the same waters, all assigned uses will be protected.
The beneficial uses defined by these standards are:
Primary Contact Recreation
Aquatic Life
Coldwater (Class A and B)
Warmwater (Class A and B)
Water Supply
Public Drinking Water
Agricultural
Industrial
Aesthetics
These uses are not intended in any way to conflict with the
	 quantitative beneficial uses provided for in Neb. Rev. Stat., Ch. 46,
	 regulating irrigation or the authority of the Nebraska Department of Natural
	 Resources.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - STANDARDS FOR WATER QUALITY › Section 117-4-002 - Primary Contact Recreation

Current through June 17, 2024
This use applies to surface waters which are used, or have a high
	 potential to be used, for primary contact recreational activities. Primary
	 contact recreation includes activities where the body may come into prolonged
	 or intimate contact with the water, such that water may be accidentally
	 ingested and sensitive body organs (e.g., eyes, ears, nose, etc.) may be
	 exposed. Although the water may be accidentally ingested, it is not intended to
	 be used as a potable water supply unless acceptable treatment is applied. These
	 waters may be used for swimming, water skiing, canoeing, and similar
	 activities. These criteria apply during the recreational period of May 1
	 through September 30.
002.01
E. coli.
E.
coli
bacteria are not to exceed a geometric mean of
	 126/100 ml. For increased confidence of the criteria, the geometric mean should
	 be based on a minimum of five samples taken within a 30-day period. This does
	 not preclude fecal coliform limitations based on effluent guidelines. The
	 following single sample maxima will be used solely for issuing periodic public
	 advisories regarding use of waterbodies for Primary Contact Recreation.
002.01A 235/100 ml at designated bathing
  beaches.
002.01B 298/100 ml at
  moderately used recreational waters.
002.01C 406/100 ml at lightly used
  recreational waters.
002.01D
  576/100 ml at infrequently used recreational waters.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - STANDARDS FOR WATER QUALITY › Section 117-4-005 - Aesthetics

Current through June 17, 2024
This use applies to all surface waters of the state. To be
	 aesthetically acceptable, waters are to be free from human-induced pollution
	 which causes:
1) noxious odors;
2) floating, suspended, colloidal,
  or settleable materials that produce objectionable films, colors, turbidity, or
  deposits; and
3) the occurrence of
  undesirable or nuisance aquatic life (e.g., algal blooms). Surface waters are
  also to be free of junk, refuse, and discarded dead animals.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - STREAM CLASSIFICATION BY BASIN › Section 117-5-001

Current through June 17, 2024
Beneficial uses are assigned to each designated segment in the basin
	 tables. The water quality criteria in Chapter 4 associated with the assigned
	 uses are applicable to each segment. These criteria are also applicable to
	 segment tributaries, as necessary, to protect a segment's assigned uses if the
	 tributary is not a designated segment. Assigned uses also apply to lakes and
	 impounded waters located on designated segments unless those lakes or impounded
	 waters are identified in Chapter 6. Lakes and impounded waters referenced in
	 this Chapter are protected for beneficial uses as listed in Chapter
	 6.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - STREAM CLASSIFICATION BY BASIN › Section 117-5-002

Current through June 17, 2024
The following species codes are used in the basin tables to identify
	 the key species which typically occur in a stream segment.
Species Code
Common Name
1
Lake sturgeon
2
Pallid sturgeon
3
Northern redbelly dace
4
Northern pearl dace
5
Finescale dace
6
Blacknose shiner
7
Lake chub
8
Brook Stickleback
9
Iowa darter
10
Johnny darter
11
Orangethroat darter
12
Blacknose dace
13
Grass pickerel
14
Pumpkinseed
15
Golden shiner
16
Common shiner
17
Topeka shiner
18
Sturgeon chub
19
Scaleshell mussel
20
American eel
21
Black buffalo
22
Blue sucker
23
Bluntnose minnow
24
Bowfin
25
Burbot
26
Fatmucket
27
Flat floater
28
Flathead chub
29
Pimpleback
30
Plain pocketbook
31
Plains minnow
32
Sicklefin chub
33
Tadpole madtom
34
Threeridge
35
Western silvery minnow
36
Yellow sandshell
a
Shovelnose sturgeon
b
Paddlefish
c
Brook trout
d
Brown trout
e
Rainbow trout
f
Northern pike
g
Muskellunge
h
Blue catfish
i
Channel catfish
j
Flathead catfish
k
Striped bass
l
White bass
m
Rock bass
n
Largemouth bass
o
Smallmouth bass
p
Spotted bass
q
Redear sunfish
r
Bluegill
s
Black crappie
t
White crappie
u
Yellow perch
v
Sauger
w
Walleye
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - STREAM CLASSIFICATION BY BASIN › Section 117-5-003

Current through June 17, 2024
The following basin tables show designated stream segments, assigned
	 beneficial uses, and other stream classifications.
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Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - LAKES AND IMPOUNDED WATERS › Section 117-6-002 - Application of Standards to Lakes and Impoundments

Current through June 17, 2024
In lakes and impoundments, or portions thereof, which exhibit natural
	 thermal stratification, all applicable narrative and numerical criteria, with
	 the exception of the numerical criteria for temperature, apply only to the
	 epilimnion. Numerical temperature criteria apply at all depths (epilimnion,
	 metalimnion, and hypolimnion) of lakes and impoundments exhibiting natural
	 thermal stratification. In lakes and impoundments, or portions thereof, not
	 exhibiting natural thermal stratification, the applicable narrative and
	 numerical criteria apply at all depths.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - LAKES AND IMPOUNDED WATERS › Section 117-6-003 - Management Procedures

Current through June 17, 2024
Areas listed in this Chapter may or may not be managed for swimming.
	 The Department of Environmental Quality advises checking with the management
	 agency or abiding by the Rules and Regulations posted in the area before using
	 the water for recreational activities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - LAKES AND IMPOUNDED WATERS › Section 117-6-004

Current through June 17, 2024
No point source discharge of wastewater from domestic, municipal,
	 industrial, or livestock sources will be allowed directly into lakes or
	 impounded waters except:
004.01
  Wastewater from sources authorized by NPDES permits to discharge to these
  waters prior to May 10, 1982 which have operated under active NPDES permits
  since then.
004.02 Noncontact
  cooling waters from sources authorized by NPDES permits to discharge to these
  waters.
004.03 Stormwater from
  sources authorized by NPDES permits to discharge to these waters.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - LAKES AND IMPOUNDED WATERS › Section 117-6-005

Current through June 17, 2024
The following lakes and impounded waters are protected for the
	 beneficial uses as noted in the tables below (SRA refers to State Recreation
	 Area, WMA refers to Wildlife Management Area, SWA refers to State Wayside Area,
	 NWR refers to National Wildlife Refuge).
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* Site-specific water quality criteria for dissolved oxygen are
	 assigned (see Chapter 4, 003.02B).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - WATER QUALITY STANDARDS FOR WETLANDS › Section 117-7-001

Current through June 17, 2024
Wetlands serve a multitude of important functions which include, but
	 are not limited to, providing habitat for aquatic life and other wildlife, food
	 production, stormwater control and flood attenuation, erosion control,
	 shoreline stabilization, nonpoint source runoff filtration, groundwater
	 recharge, and aesthetics. Wetlands are characterized by extreme variations in
	 hydrology, soils, vegetation, water quality, and biotic assemblages. The
	 dynamic nature of wetlands requires standards which recognize their variability
	 of natural water quality both through time at individual sites and between
	 sites across the State. Wetland classifications, beneficial uses, and water
	 quality criteria contained in this chapter reflect the unique characteristics
	 of wetlands in Nebraska.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - WATER QUALITY STANDARDS FOR WETLANDS › Section 117-7-002 - Application of Standards to Wetlands

Current through June 17, 2024
002.01 These
  standards apply to all natural wetlands and all artificial wetlands except as
  provided in paragraph 002.02. Numerical criteria which rely on water in order
  to be measured, will not be deemed applicable during periods when water is not
  present.
002.02 These standards do
  not apply to artificial wetlands constructed for the purpose of wastewater
  treatment, wastewater retention, or irrigation reuse. However, any discharge to
  surface waters from artificial wetlands constructed for these purposes is to
  meet the applicable standards for the receiving water.
002.03 Wastewater from domestic, municipal,
  or industrial sources authorized by NPDES permits to discharge to wetlands are
  to meet all applicable standards for the wetland. No mixing zones will be
  allowed within wetlands.