reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - SIGNATORIES; PERMIT APPLICATIONS AND REPORTS › Section 122-15-004

Current through June 17, 2024
Any person signing a document under Sections
001
or
002
of this Chapter
	 shall make certification under penalty of law that he or she has personally
	 examined and is familiar with the information submitted in the document and all
	 attachments and that, based on inquiry of those individuals immediately
	 responsible for obtaining the information, he or she believes that the
	 information is true, accurate, and complete. Further, he or she shall certify
	 awareness that there are significant penalties for submitting false
	 information, including the possibility of fine and
	 imprisonment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-001

Current through June 17, 2024
The permittee must comply with all conditions of the permit. Any
	 permit noncompliance constitutes a violation of Nebraska Environmental
	 Protection Act, as amended and is grounds for enforcement action; for permit
	 termination, revocation and reissuance, or modification; or for denial of a
	 permit renewal.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-002

Current through June 17, 2024
If the permittee wishes to continue an activity regulated by the
	 permit after the expiration date of the permit, the permittee must apply for
	 and obtain a new permit prior to the expiration date of the permit in effect.
	 Any application for a new permit must occur at least 180 days prior to
	 expiration date of the permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-003

Current through June 17, 2024
It shall not be a defense for a permittee in an administrative
	 enforcement action that it would have been necessary to halt or reduce the
	 permitted activity in order to maintain compliance with the conditions of the
	 permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-005

Current through June 17, 2024
The permittee shall at all times properly operate and maintain all
	 facilities and systems of treatment and control (and related appurtenances)
	 which are installed or used by the permittee to achieve compliance with the
	 conditions of the permit. Proper operation and maintenance includes effective
	 performance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-006

Current through June 17, 2024
The permit may be modified, revoked and reissued, or terminated for
	 cause by the Department (Chapters 30 and 31) or upon filing of a request by the
	 permittee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-007

Current through June 17, 2024
The permittee shall furnish to the Director, any information which the
	 Director may request to determine whether cause exists for modifying, revoking
	 and reissuing, or terminating the permit or to determine compliance with the
	 permit. The permittee shall also furnish to the Director upon request, copies
	 of records required to be kept by the permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-008

Current through June 17, 2024
The permittee shall maintain financial responsibility (Chapter13 of
	 this Title) to close, plug, and abandon the underground injection wells and/or
	 mineral production wells and to restore the affected resources in accordance
	 with the plan submitted under Chapter 35 (of this Title) requirements in a
	 manner which has been approved by the Director. The permittee must show
	 evidence of financial responsibility to the Director by the submission of a
	 surety bond (or other adequate assurance, in accordance with Chapter 13 of this
	 Title, acceptable to the Director) in an amount set by the
	 Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 16 - PERMIT CONDITIONS; GENERAL › Section 122-16-009

Current through June 17, 2024
When any injection well or mineral production well is no longer in use
	 or it is deemed necessary by the Director, the permittee shall close, plug, and
	 abandon the well(s) in accordance with Chapter 35 of the
	 Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - CONSTRUCTION AND SITING REQUIREMENTS; CLASS I, III, and V INJECTION WELLS AND MINERAL PRODUCTION WELLS › Section 122-17-001 - General Requirements

Current through June 17, 2024
Existing wells shall achieve compliance with requirements set forth in
	 Section
002
of this Chapter according to a compliance
	 schedule established as a permit condition. New wells shall be in compliance
	 with this Chapter prior to commencing injection operations and contingent upon
	 final Department approval of construction design. Changes in construction plans
	 during construction may be approved by the Director as minor modifications
	 (Chapter 30 of this Title). No such changes may be physically incorporated into
	 construction of the well prior to approval of the modification by the Director.
	 All wells constructed into ground water, must be constructed by a
	 licensed/certified water well contractor as defined by Nebraska Health and
	 Human Services System, Water Well Standards and Licensing Act, Article
	 46.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - CONSTRUCTION AND SITING REQUIREMENTS; CLASS I, III, and V INJECTION WELLS AND MINERAL PRODUCTION WELLS › Section 122-17-002 - Specific Requirements for Class I Injection Wells

Current through June 17, 2024
002.01 All Class I well designs shall be
  submitted by a professional engineer.
002.02 All Class I wells shall be sited in
  such a fashion that they inject into a formation which is beneath the lowermost
  formation containing an underground source of drinking water that is located
  within one quarter mile of the injection well bore.
002.03 All Class I wells shall be cased and
  cemented to prevent the movement of fluids into or between underground sources
  of drinking water. The casing and cement used in the construction of each newly
  drilled well shall be designed for the life expectancy of the well. In
  determining and specifying casing and cementing requirements the following
  factors shall be considered:
002.03A Depth to
  the injection zone;
002.03B
  Injection pressure, external pressure, internal pressure, and axial
  loading;
002.03C Hole
  size;
002.03D Size and grade of all
  casing strings (wall thickness, diameter, nominal weight, length, joint
  specification, and construction material);
002.03E Corrosiveness of injected fluid,
  formation fluids, and temperatures;
002.03F Lithology of injection and confining
  intervals; and
002.03G Type and
  grade of cement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - CONSTRUCTION AND SITING REQUIREMENTS; CLASS I, III, and V INJECTION WELLS AND MINERAL PRODUCTION WELLS › Section 122-17-003 - Specific Requirements for Class III Injection Wells

Current through June 17, 2024
003.01 All Class III well designs shall be
  submitted by a professional engineer.
003.02 All new Class III wells shall be cased
  and cemented to prevent the migration of fluids into or between underground
  sources of drinking water. The casing and cement used in construction of each
  newly drilled well shall be designed for the life expectancy of the well. In
  determining and specifying casing and cementing requirements, the following
  factors shall be considered:
003.02A. Depth to
  the injection zone;
003.02B.
  Injection pressure, external pressure, internal pressure, axial loading,
  etc.;
003.02C. Hole size;
003.02D. Size and grade of all
  casing strings (wall thickness, diameter, nominal weight, length, joint
  specification, and construction material);
003.02E. Corrosiveness of injected fluids and
  formation fluids;
003.02F.
  Lithology of injection and confining zones; and
003.02G. Type and grade of
  cement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 17 - CONSTRUCTION AND SITING REQUIREMENTS; CLASS I, III, and V INJECTION WELLS AND MINERAL PRODUCTION WELLS › Section 122-17-004 - Specific Requirements for Mineral Production Wells

Current through June 17, 2024
004.01 All mineral production well designs
  shall be submitted by a professional engineer.
004.02 All new mineral production wells shall
  be cased and cemented to prevent the migration of fluids into or between
  underground sources of drinking water. The casing and cement used in
  construction of each newly drilled well shall be designed for the life
  expectancy of the well. In determining and specifying casing and cementing
  requirements, the following factors shall be considered:
004.02A. Depth to the production
  zone;
004.02B. External pressure,
  internal pressure, axial loading, etc.;
004.02C. Hole size;
004.02D. Size and grade of all casing strings
  (wall thickness, diameter, nominal weight, length, joint specification, and
  construction material);
004.02E.
  Corrosiveness of production fluids and formation fluids or combination
  thereof;
004.02F. Lithology of
  production and confining zones; and
004.02G. Type and grade of cement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-001

Current through June 17, 2024
Any Class I, and III injection or mineral production well must be
	 capable of demonstrating mechanical integrity before a permit is issued. Class
	 V wells may be required to demonstrate mechanical integrity before being
	 authorized or permitted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-002

Current through June 17, 2024
An injection and/or mineral production well has mechanical integrity
	 if:
002.01 There is no significant
  leak in the casing, tubing or packer; and
002.02 There is no significant fluid movement
  into an underground source of drinking water through vertical channels adjacent
  to the well bore.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-003

Current through June 17, 2024
One of the following tests must be used to evaluate the absence of
	 significant leaks under Section
002.01
of this
	 Chapter.
003.01 Monitoring of annulus
  pressure; or
003.02 Pressure test
  with liquid or gas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-004

Current through June 17, 2024
One of the following methods must be used to determine the absence of
	 significant fluid movement under Section
002.01
of
	 this Chapter:
004.01 Well records
  demonstrating the presence of adequate cement to prevent such migration;
  or
004.02 The results of a
  temperature log, noise log, or cement bond log/variable density log.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-005

Current through June 17, 2024
The Director may allow the use of a test to demonstrate mechanical
	 integrity other than those listed in Sections
003
and
004 02
of this Chapter providing it will reliably
	 demonstrate the mechanical integrity of the well(s) for which it is
	 proposed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - MECHANICAL INTEGRITY › Section 122-18-006

Current through June 17, 2024
In conducting and evaluating the tests enumerated in this Chapter or
	 other tests to be allowed by the Director, the owner or operator and the
	 Director shall apply methods and standards generally accepted in the industry.
	 When the owner or operator reports the results of mechanical integrity tests to
	 the Director, he shall include a description of the test(s) and the method(s)
	 used. In making his/her evaluation, the Director shall review monitoring and
	 other test data submitted since the previous evaluation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 19 - OPERATING REQUIREMENTS › Section 122-19-001 - General Requirements

Current through June 17, 2024
001.01 The permit shall establish any maximum
  injection volumes and/or pressures necessary to assure that fractures are not
  initiated in the confining zone, that injected fluids do not migrate into any
  underground source of drinking water, that formation fluids are not displaced
  into any underground source of drinking water, and to assure compliance with
  specific requirements of Section
002
of this
  Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 19 - OPERATING REQUIREMENTS › Section 122-19-002 - Specific Requirements

Current through June 17, 2024
002.01 Operating requirements for Class I
  injection wells shall, at a minimum, specify that:
002.01A Injection pressure at the wellhead
  shall not exceed a maximum which shall be calculated so as to assure that the
  pressure in the injection zone during injection does not initiate new fractures
  or propagate existing fractures in the injection zone, initiate fractures in
  the confining zone or cause the movement of injection or formation fluids into
  an underground source of drinking water;
002.01B Injection between the outermost
  casing protecting underground sources of drinking water and the well bore is
  prohibited; and
002.01C Unless an
  alternative to a packer has been approved under Chapter 17 of this Title, the
  annulus between the tubing and the long string of casings shall be filled with
  a fluid approved by the Director; and a pressure, also approved by the
  Director, shall be maintained on the annulus.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 19 - OPERATING REQUIREMENTS › Section 122-19-003

Current through June 17, 2024
Restoration and Financial Responsibility Requirements During Operation
	 Any person conducting Class III injection and/or mineral production activities
	 shall comply with the restoration plan as approved by the Director (Chapter 16,
008
of this Title) and maintain financial
	 responsibility as per Chapter 13 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 19 - OPERATING REQUIREMENTS › Section 122-19-004

Current through June 17, 2024
Notice of Intent to Operate Prior to operation of a Class I or III
	 injection well(s) and/or mineral production well(s), the permittee must submit
	 a notice of completion construction to the Director and provide the following
	 information as required by the permit to obtain approval to operate:
004.01 All available logging and testing
  program data on the well(s);
004.02
  A demonstration of mechanical integrity pursuant to Chapter 18 of this
  Title;
004.03 The results of the
  formation testing program;
004.04
  The compatibility of injected materials with fluids in the injection zone and
  minerals in both the injection zone and the confining zone; and
004.05 The status of corrective action on
  defective wells in the area of review.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - MONITORING REQUIREMENTS › Section 122-20-001 - General

Current through June 17, 2024
001.01 Samples and measurements taken for the
  purpose of monitoring shall be representative of the monitored
  activity.
001.02 The permittee
  shall retain records of all monitoring information, including all calibration
  and maintenance records and all original strip chart recordings for continuous
  monitoring instrumentation, copies of all reports required by the permit, and
  records of all data used to complete the application for the permit, for a
  period of at least five (5) years from the date of the sample, measurement,
  report or application. This period may be extended by request of the Director
  at any time.
001.03 The permittee
  shall retain all records concerning the nature and composition of injected
  fluids until five (5) years after completion of any plugging and abandonment
  procedures specified.
001.04 The
  owner or operator is required to deliver the records upon request by the
  Director at the conclusion of the five (5) year retention period.
001.05 Records of monitoring information
  shall include
001.05A The date, exact place,
  and time of sampling or measurements;
001.05B The individual(s) who performed the
  sampling or measurements;
001.05C
  The date(s) analyses were performed;
001.05D The individual(s) who performed the
  analyses;
001.05E The analytical
  techniques or methods used;
001.05F
  The results of such analyses; and
001.05G A copy of the sampler's Quality
  Assurance/Quality Control plan, including but not limited to results and
  information from analyses of field blanks, trip blanks, and duplicate
  samples.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - MONITORING REQUIREMENTS › Section 122-20-002

Current through June 17, 2024
For Class I Injection Wells, monitoring requirements shall, at a
	 minimum, include:
002.01 The analysis
  of the injected fluids with sufficient frequency to yield representative data
  of their characteristics; and the result of this analysis shall be transmitted
  to the Department as directed;
002.02 Continuous recording devices to
  monitor injection pressure, flow rate and volume, and the pressure on the
  annulus between the tubing and the long string of casing shall be installed,
  monitored, and the information submitted as directed;
002.03 The injection pressure at the wellhead
  plus the hydrostatic pressure shall not exceed the fracture pressure of the
  injection zone which shall be determined utilizing a method approved by the
  Director.
002.04 Mechanical
  integrity (Chapter 18 of this Title) must be demonstrated at least once every
  two years during the life of the well;
002.05 The Department will require and
  approve the type, number and location of wells within the area of review to be
  used to monitor any migration of fluids into and pressure in the underground
  sources of drinking water, the parameters to be measured and the frequency of
  monitoring; and
002.06 The permit
  may be suspended or revoked at any time by the Department if it determines that
  the injection well is being operated in violation of law, order, regulation or
  conditions of the permit. The Department shall have the right to make periodic
  visits to the installation for the purpose of inspecting the injection
  system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - MONITORING REQUIREMENTS › Section 122-20-003

Current through June 17, 2024
For Class III Injection Wells, monitoring requirements shall, at a
	 minimum, include:
003.01 The analysis
  of the physical and chemical characteristics of the injected fluid with
  sufficient frequency to yield representative data on its
  characteristics;
003.02
  Installation and use of devices to monitor the injection pressure, flow rate
  and volume as specified by the Department;
003.03 Demonstration of mechanical integrity
  pursuant to Chapter 18 of this Title at least once every five years during the
  life of the well;
003.04 Monitoring
  of fluid level and the parameters chosen to measure water quality in the
  injection zone as specified by the Department;
003.05 Monitoring of wells adjacent to the
  injection site to detect any migration from the injection zone into an USDW as
  specified by the Department; and
003.06 All Class III wells may be monitored
  on a field or project basis rather than an individual well basis by manifold
  monitoring. Manifold monitoring may be used in cases of facilities consisting
  of more than one injection well operating with a common manifold. Separate
  monitoring systems for each well are not required provided the owner/operator
  demonstrates that manifold monitoring is comparable to individual well
  monitoring.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - MONITORING REQUIREMENTS › Section 122-20-004

Current through June 17, 2024
For Class V Injection Wells authorized by permit, monitoring
	 requirements shall, at a minimum, include:
004.01 The analysis of the physical and
  chemical characteristics of the injected fluid with sufficient frequency to
  yield representative data on its characteristics;
004.02 Installation and use of devices to
  monitor the injection pressure, flow rate and volume as specified by the
  Department;
004.03 Demonstration of
  mechanical integrity pursuant to Chapter 18 of this Title at least once every
  five years during the life of the well;
004.04 Monitoring of fluid level and the
  parameters chosen to measure water quality in the injection zone as specified
  by the Department; and
004.05
  Monitoring of wells adjacent to the injection site to detect any migration from
  the injection zone into an USDW as specified by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 21 - REPORTING REQUIREMENTS › Section 122-21-001 - General

Current through June 17, 2024
001.01 The permittee shall give advance
  notice to the Director as soon as possible of any planned physical alterations
  or additions to the permitted facility.
001.02 A new injection well may not commence
  injection, and a new mineral production well may not commence production until
  construction is complete or as specified in an area permit (Chapter 8 of this
  Title), and the following requirements are fulfilled:
001.02A The permittee has submitted notice of
  completion of construction to the Director; and
001.02B The Director has inspected or
  otherwise reviewed the new injection and/or mineral production well and finds
  it is in compliance with the conditions of the permit.
001.02C Within thirty (30) days from the
  receipt of the notice of completion of construction, the Director shall give
  written approval or state such steps necessary to receive approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 21 - REPORTING REQUIREMENTS › Section 122-21-002

Current through June 17, 2024
For Class I injection wells, reporting requirements shall, at a
	 minimum, include:
002.01 Reports to
  the Director at a frequency specified in the permit on:
002.01A The physical, chemical and other
  relevant characteristics of injection fluids;
002.01B Average, maximum and minimum values
  for injection pressure, flow rate and volume, and annular pressure at a
  frequency specified in the permit; and
002.01C The results of monitoring prescribed
  in Chapter 19 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 21 - REPORTING REQUIREMENTS › Section 122-21-003

Current through June 17, 2024
For Class III injection wells and/or mineral production wells,
	 reporting requirements shall, at a minimum, include:
003.01 Reporting to the Director on required
  monitoring at a frequency specified in the permit;
003.02 Results of mechanical integrity
  reported with the first regular report after the completion of the test;
  and
003.03 Monitoring may be
  reported on a project or field basis rather than individual well basis where
  manifold monitoring is used.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 21 - REPORTING REQUIREMENTS › Section 122-21-004

Current through June 17, 2024
For Class V injection wells authorized by permit, reporting
	 requirements shall, at a minimum, include:
004.01 Reporting to the Director on required
  monitoring at a frequency specified in the permit; and
004.02 Results of mechanical integrity
  reported with the first regular report after the completion of the
  test.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 22 - AMBIENT MONITORING REQUIREMENTS FOR CLASS I WELLS › Section 122-22-001

Current through June 17, 2024
Based on a site specific assessment of the potential for fluid
	 movement from the well or injection zone and on the potential value of
	 monitoring wells to detect such movement, the Director shall require the owner
	 or operator of a Class I well to develop a monitoring program. At a minimum,
	 the Director shall require annual monitoring of the pressure buildup in the
	 injection zone including at a minimum, a shut down of the well for a time
	 sufficient to conduct a valid observation of the pressure fall-off
	 curve.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 22 - AMBIENT MONITORING REQUIREMENTS FOR CLASS I WELLS › Section 122-22-002

Current through June 17, 2024
When prescribing a monitoring system, the Director may also
	 require:
002.01 Continuous monitoring
  for pressure changes in the first aquifer overlying the confining zone. When
  such a well is installed, the owner or operator shall, on a quarterly basis,
  sample the aquifer and analyze for constituents specified by the
  Director;
002.02 The use of
  indirect, geophysical techniques to determine the position of the waste front,
  the water quality in a formation designated by the Director, or to provide
  other site specific data;
002.03
  Periodic monitoring of the ground water quality in the first aquifer overlying
  the injection zone;
002.04 Periodic
  monitoring of the ground water quality in the lowermost USDW; and
002.05 Any additional monitoring necessary to
  determine whether fluids are moving into or between USDWs.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 23 - DRAFT PERMIT › Section 122-23-002

Current through June 17, 2024
If the Director tentatively decides to deny the permit application, a
	 notice of intent to deny will be public noticed according to Chapter 32 of this
	 Title. A notice of intent to deny the permit application shall be accompanied
	 by a fact sheet (Chapter 24 of this Title). If the Director's final decision is
	 that the tentative decision to deny the permit application was incorrect, the
	 Department shall withdraw the notice of intent to deny and proceed to prepare a
	 draft permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 23 - DRAFT PERMIT › Section 122-23-003

Current through June 17, 2024
If the Director decides to prepare a draft permit, the Department
	 shall prepare a draft permit that contains the following information:
003.01 All conditions under Chapter 11 of
  this Title;
003.02 All compliance
  schedules under Chapter 26 of this Title;
003.03 All monitoring requirements under
  Chapter 20 of this Title; and
003.04 All permit conditions under Chapters
  16, 17, 19, 20, and 21 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 24 - FACT SHEET › Section 122-24-001

Current through June 17, 2024
A fact sheet on a draft permit or an intent to deny the permit
	 application shall be prepared. The fact sheet shall briefly set forth the
	 principal facts and the significant factual, legal, methodological, and policy
	 questions considered. The Director shall send this fact sheet to the applicant
	 and, on request, to any other person.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 24 - FACT SHEET › Section 122-24-002

Current through June 17, 2024
The fact sheet shall include, when applicable:
002.01 A brief description of the type of
  facility or activity which is the subject of the draft permit;
002.02 The type and quantity of wastes,
  fluids, or pollutants which are proposed to be or are being stored, disposed of
  or injected;
002.03 A brief summary
  of the basis for the draft permit conditions including references to applicable
  statutory or regulatory provisions.
002.04 Reasons why any requested variances or
  alternatives to required standards do or do not appear justified;
002.05 A description of the procedures for
  reaching a final decision on the draft permit including:
002.05A The beginning and ending dates of the
  comment period under Chapters 32 and 33 of this Title and the address where
  comments will be received;
002.05B
  Procedures for requesting a hearing and the nature of that hearing;
  and
002.05C Any other procedures by
  which the public may participate in the final decision;
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 25 - PERMIT DURATION › Section 122-25-001

Current through June 17, 2024
Permits for Class I and Class V wells shall be effective for a fixed
	 term not to exceed ten years. Permits for Class III injection wells and mineral
	 production wells shall be issued for a period up to the operating life of the
	 facility. The Director shall review each issued Class III injection well and
	 mineral production well permit at least once every five years to determine
	 whether it should be modified, revoked and reissued, terminated, or a minor
	 modification made as provided in Chapters 30 and 31 of this
	 Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 26 - SCHEDULES OF COMPLIANCE › Section 122-26-003

Current through June 17, 2024
If a permit establishes a schedule of compliance which exceeds one
	 year from the date of permit issuance, the schedule shall set forth interim
	 requirements and the dates for their achievement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 26 - SCHEDULES OF COMPLIANCE › Section 122-26-004

Current through June 17, 2024
No later than fourteen days following each interim date and the final
	 date of compliance, the permittee shall notify the Director in writing of its
	 compliance or noncompliance with the interim or final requirements, or submit
	 progress reports.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 26 - SCHEDULES OF COMPLIANCE › Section 122-26-005

Current through June 17, 2024
A permit applicant or permittee may cease conducting regulated
	 activities (by plugging and abandonment for wells and conducting restoration)
	 rather than continue to operate and meet permit requirements as follows:
005.01 If the permittee decides to cease
  conducting regulated activities at a given time within the term of a permit
  which has been issued;
005.01A The permit may
  be modified to contain a new or additional schedule leading to timely cessation
  of activities; or
005.01B The
  permittee shall cease conducting permitted activities before noncompliance with
  any interim or final compliance schedule requirement already specified in the
  permit;
005.01C If the decision to
  cease conducting regulated activities is made before issuance of a permit whose
  term will include the termination date, the permit shall contain a schedule
  leading to termination which will ensure timely compliance with applicable
  requirements;
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 27 - RIGHT OF ENTRY › Section 122-27-001

Current through June 17, 2024
The permittee shall allow the Director, or an authorized
	 representative, upon the presentation of credentials and other documents as may
	 be required by law, to:
001.01 Enter
  upon the permittee's premises where a regulated facility or activity is located
  or conducted, or where records must be kept under the conditions of the
  permit;
001.02 Have access to and
  copy, at reasonable times, any records that must be kept under the conditions
  of the permit;
001.03 Inspect at
  reasonable times any facilities, equipment (including monitoring and control
  equipment), practices, or operations regulated or required under the permit;
  and
001.04 Sample or monitor at
  reasonable times, for the purpose of assuring permit compliance, any substances
  or parameters at any location.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 28 - CONFIDENTIAL INFORMATION › Section 122-28-001

Current through June 17, 2024
Claims of confidentiality for the following information will be
	 denied:
001.01 The name and address of
  any permit applicant or permittee; and
001.02 Information which deals with the
  existence, absence, or level of contaminants in ground water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 28 - CONFIDENTIAL INFORMATION › Section 122-28-002

Current through June 17, 2024
Any records or other information certified by the owner or operator
	 and furnished to or obtained by the Department concerning air, water or land
	 contaminant sources, and determined by the Director to relate to methods or
	 processes entitled to protection as trade secrets of such owner or operator,
	 shall be only for the confidential use of the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 29 - PERMIT TRANSFER › Section 122-29-001

Current through June 17, 2024
In the case of Class I and III injection and mineral production wells,
	 a permit may be transferred by the permittee to a new owner or operator only if
	 the permit has been modified or revoked and reissued, to identify the new
	 permittee and incorporate such other requirements as the Director determines
	 necessary. The following shall also apply:
001.01 The request for transfer includes a
  written agreement between the existing and proposed new permittee containing a
  specific date for transfer of permit responsibility, coverage, and liability
  between them, and is received at least 90 days before the proposed
  transfer;
001.02 The request for
  transfer specifies the method by which the proposed new transferee shall meet
  the financial responsibility requirements of Chapter 13 of this
  Title;
001.03 The Director
  re-examines the amount constituting financial responsibility in view of the
  change of circumstances arising from the proposed transfer and requires
  compliance with modifications in the amount and/or form of financial
  responsibility as a condition to granting the requested transfer;
001.04 The proposed new permittee furnishes
  to the Director the information required in Chapter 11, Sections
006.05
and
006.06
of this
  Title; and
001.05 Transfer shall be
  effectuated by modification of the permit to reflect the new permittee
  including any changes made by the Director in light of Sections
001
  01
through
001.04
in this
  Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 29 - PERMIT TRANSFER › Section 122-29-002

Current through June 17, 2024
Class V wells authorized or permitted may be transferred if:
002.01 The current permittee notifies the
  Director at least 30 days in advance of the proposed transfer date and provides
  the information required in Section
002.02
of this
  Chapter;
002.02 The notice includes
  a written agreement between the existing and new permittee containing a
  specific date for transfer of permit responsibility, coverage, and liability
  between them and the notice demonstrates that the financial responsibility
  requirements will be met by the new permittee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE › Section 122-30-001

Current through June 17, 2024
Any permit under this title, after public notice and opportunity for a
	 public hearing according to Chapters 32 and 33 of this Title, may be modified
	 or revoked and reissued (either upon request of any interested person,
	 including the permittee, or upon the Director's initiative) in whole or in part
	 during its term for cause, including, but not limited to:
001.01 Cause exists for termination under
  Chapter 31 of this Title, and the Director determines that modification or
  revocation and reissuance is appropriate;
001.02 The Director has received notification
  of a proposed transfer of a permit in accordance with Chapter 29 of this
  Title;
001.03 New information or
  standards indicate that location and operation of the permitted facility
  endangers the health and safety of persons or causes pollution of the
  environment;
001.04 Upon request by
  the permittee, provided such request does not create a violation of any
  existing applicable standards, laws, or rules and regulations; and
001.05 For Class III injection wells and
  mineral productions wells, causes for modification stated in section
002
below may be causes for revocation and reissuance
  as well as modification.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE › Section 122-30-002

Current through June 17, 2024
In addition to the above, causes for modification but not revocation
	 and reissuance include, but are not limited to:
002.01 Material and substantial alterations
  or additions to the permitted facility or activity occurred after permit
  issuance which justify the application of permit conditions that are different
  or absent in the existing permit;
002.02 The Director has received information
  regarding:
002.02A Factor(s) arising after
  final permit issuance which would have justified the use of limitations or
  other requirements different from those required by applicable standards or
  limitations; and
002.02B For UIC
  area permits, factors which indicate that cumulative effects on the environment
  are unacceptable.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE › Section 122-30-003

Current through June 17, 2024
Upon the consent of the permittee, the Director may modify a permit to
	 make the corrections or allowances for changes in the permitted activity listed
	 in this section. Any permit modification not processed as minor modification
	 under this section must be made for cause and with draft permit and public
	 notice as required. Minor modifications may only:
003.01 Correct typographical
  errors;
003.02 Require more
  frequent monitoring or reporting by the permittee;
003.03 Change an interim compliance date in a
  schedule of compliance, provided the new date is not more than 120 days after
  the date specified in the existing permit and does not interfere with
  attainment of the final compliance date requirement;
003.04 Allow for a change in ownership of a
  facility where the Director determines that no other change in the permit is
  necessary, provided that a written agreement containing a specific date for
  transfer of permit responsibility, coverage, and liability between the current
  and new permittees has been submitted to the Director;
003.05 Change quantities or types of fluids
  injected which are within the capacity of the facility as permitted and, in the
  judgment of the Director, after reviewing information required, would not
  interfere with the operation of the facility or its ability to meet conditions
  prescribed in the permit, and would not change the classification of the
  facility's injection well(s);
003.06 Change construction requirements
  approved by the Director, provided that any such alteration shall comply with
  the requirements of these regulations; or
003.07 Amend a plugging and abandonment plan
  which has been updated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE › Section 122-30-004

Current through June 17, 2024
When a permit is modified, only the conditions subject to modification
	 are reopened. If a permit is revoked and reissued, the entire permit is
	 reopened and subject to revision and the permit is reissued for a new
	 term.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE › Section 122-30-005

Current through June 17, 2024
If cause does not exist, the Director shall not modify or revoke and
	 reissue the permit; and he or she shall send the requester a brief written
	 response giving a reason for the decision. Denials of requests for
	 modification, revocation and reissuance, or termination are not subject to
	 public notice, comment, or hearings, but constitute a "final order" subject to
	 appeal pursuant to Section
	 81-1509.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 31 - PERMIT TERMINATION AND DENIAL › Section 122-31-001

Current through June 17, 2024
The following are causes for terminating a permit during its term, or
	 for denying a permit renewal:
001.01
  Noncompliance by the permittee with any condition of the permit;
001.02 The permittee's failure in the
  application or during the permit issuance process to disclose fully all
  relevant facts or the permittee's misrepresentation of any relevant facts at
  any time; or
001.03 A determination
  that the permitted activity endangers the health and safety of persons or
  causes pollution of the environment and can only be regulated to acceptable
  levels by permit modification or termination.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 32 - PUBLIC NOTICE › Section 122-32-001 - General

Current through June 17, 2024
001.01 The Director shall give public notice
  that the following actions have occurred:
001.01A A permit application has been
  tentatively denied;
001.01B A draft
  permit has been prepared;
001.01C A
  hearing has been scheduled; or
001.01D A petition has been made for
  designation of an exempted aquifer.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 32 - PUBLIC NOTICE › Section 122-32-002 - Timing

Current through June 17, 2024
002.01 Public notice of the preparation of a
  draft permit (including a notice of intent to deny a permit application) or
  petition for designation of an exempted aquifer required under Section
001
of this Chapter shall allow at least 30 days for
  public comment.
002.02 Public
  notice of a public hearing shall be given at least 30 days before the hearing.
  (Public notice of the hearing may be given at the same time as public notice of
  the draft permit and/or aquifer exemption petition and the notices may be
  combined.)
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 32 - PUBLIC NOTICE › Section 122-32-003

Current through June 17, 2024
Public notice of activities described in Section
001.01
of this Chapter shall be given by the following
	 methods:
003.01 By mailing a copy of a
  notice to the following persons (any person otherwise entitled to receive
  notice under this section may waive his or her rights to receive notice for any
  classes and categories of permits):
003.01A
  The applicant;
003.01B Adjacent
  land owners; and
003.01C Any other
  person or group either upon request or on a Departmental mailing list to
  receive UIC public notices under this title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 32 - PUBLIC NOTICE › Section 122-32-004 - Contents

Current through June 17, 2024
004.01 All public notices issued under this
  Chapter shall contain the following minimum information:
004.01A Name and address of the office
  processing the action under Section
001.01
of this
  Chapter for which notice is being given;
004.01B Name and address of the permittee or
  permit applicant and/or the petitioner for aquifer exemption, if different, of
  the facility or activity regulated by the permit;
004.01C A brief description of the business
  conducted at the facility or activity which is described in the permit
  application or the draft permit or which requires an aquifer
  exemption;
004.01D Name, address
  and telephone number of a person from whom interested persons may obtain
  further information;
004.01E 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) and other procedures by
  which the public may participate in the final permit decision; and
004.01F Any additional information considered
  necessary or proper.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 33 - PUBLIC COMMENTS, PUBLIC HEARINGS, RESPONSE TO COMMENTS › Section 122-33-001

Current through June 17, 2024
During the public comment period, any interested person may submit
	 written comments on actions specified in Chapter 32,
001.01
of this Title, and may request a public
	 hearing, if no hearing has already been scheduled. A request for a public
	 hearing shall be in writing and shall state the nature of the issues proposed
	 to be raised in the hearing. All relevant comments shall be considered in
	 making the final decision and shall be answered in writing. .
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 33 - PUBLIC COMMENTS, PUBLIC HEARINGS, RESPONSE TO COMMENTS › Section 122-33-002

Current through June 17, 2024
The Director shall hold a public hearing on the basis of a significant
	 degree of public interest in actions as specified in Chapter 32,
001.01
of this Title. The Director also may hold a
	 public hearing to clarify one or more issues involved in the permit and/or
	 aquifer exemption decision. Public notice of the hearing shall be given as
	 specified in Chapter 32 of this Title.