reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-006 - Post-closure Criteria

Current through June 17, 2024
The owners or operators of all construction and demolition waste
	 disposal areas shall comply with post-closure rules and regulations for a
	 period of five (5) years. The length of the post-closure period may be
	 increased, if the Department determines that the lengthened period is necessary
	 to protect human health and the environment. The length of the post-closure
	 period may be reduced, if the Department determines that the reduced period is
	 sufficient to protect human health and the environment.
006.01 Post-closure care shall include, at a
  minimum, the performance of each of the following activities:
006.01A Annual inspection and maintenance of
  the cover to ensure integrity and effectiveness, including making repairs to
  the cover as necessary to correct the effects of settlement, subsidence,
  erosion, or other events, and preventing run-on and run-off from eroding or
  otherwise damaging the final cover;
006.01B Annual inspection and maintenance of
  any access control structures and posted signs; and
006.01C Maintenance and operation of any
  environmental control features which are included in the design and operation
  of the construction and demolition waste disposal area or required by the
  Department to protect human health and the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-007 - Required Maps and Drawings

Current through June 17, 2024
The permit application for a construction and demolition waste disposal
	 area shall include the following maps and drawings, and shall be prepared by a
	 professional engineer registered to practice in the State of Nebraska. When a
	 structure described in
007.03
and
007.04
is not present at the site, a notation shall be
	 made on the required map or drawing.
007.01 A topographic map or maps of the
  construction and demolition waste disposal area drawn to the scale of 200 feet
  to the inch or larger, containing 5-foot contour intervals where the relief
  exceeds 20 feet, and 2-foot contour intervals where the relief is 20 feet or
  less, and referred to a United States Geological Survey datum.
007.02 A topographic map indicating the
  proposed final contours and landscaping of completed solid waste disposal areas
  with a statement of the proposed final use of the site.
007.03 Maps of the site, drawn to scale,
  indicating the location or existence of the following items:
007.03A Points of entrance to and exit from
  the facility and to and from the operating area of the facility; devices for
  controlling unauthorized access to the facility site;
007.03B Loading, dumping and any temporary
  storage areas;
007.03C Interior
  roads and ramps;
007.03D Salvage
  operations;
007.03E Fill
  area;
007.03F Borrow
  areas;
007.03G Drainage facilities,
  structures, walls, cribbing, surface protection devices, and any other devices
  as are necessary to comply with applicable water quality standards;
  and
007.03H If present, the
  following: fire protection facilities, utilities to service the site, gas and
  oil wells, high tension power lines, and fuel transmission pipelines.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-001 - Applicability

Current through June 17, 2024
The requirements of this chapter apply to all solid waste transfer
	 stations, materials recovery facilities, solid waste compost sites, and other
	 solid waste processing facilities required to obtain a permit pursuant to
	 Chapter 2,
001
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-002 - Locational criteria

Current through June 17, 2024
New solid waste processing facilities and lateral expansions of
	 existing solid waste processing facilities shall be located in accordance with
	 the standards as described in this section. The application shall include
	 documentation verifying that the solid waste processing facility complies with
	 the following.
002.01 The application
  for a solid waste processing facility shall include a description of the:
002.01A Name of and distance to nearby
  surface waters; and
002.01B Land
  use and population density of the proposed facility and of the area surrounding
  the facility within one mile of the facility boundaries.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-003 - Design criteria

Current through June 17, 2024
The construction and design of all solid waste processing facilities
	 shall:
003.01 Be protective of human
  health and the environment;
003.02
  Not result in pollution of the waters of the state; and
003.03 In the case of new or lateral
  expansions of existing solid waste processing facilities, the construction and
  design plans shall include the following documentation:
003.03A A description of the sequence of
  earth materials at the proposed facility to a depth sufficient to assure the
  reliability of the facility design;
003.03B A schedule of construction and a
  construction quality assurance plan;
003.03C Data obtained from soil samples taken
  from the proposed facility site which describe the soil classification, grain
  size distribution, permeability, compatibility, and ion-exchange properties of
  the subsurface materials for those strata which are essential to the design of
  the facility; and
003.03D If
  exploration holes are drilled to obtain data, information showing the manner of
  plugging and sealing such holes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-004 - Operational criteria

Current through June 17, 2024
Operations of all solid waste processing facilities shall be in
	 accordance with the approved operational plan and Chapter 2
	 requirements.
004.01 A solid waste
  processing facility shall be designed and operated at all times so as to not
  constitute a hazard, or a threat to human health or the environment.
004.02 Litter shall be controlled at solid
  waste processing facilities.
004.03
  Disease vector control
An owner or operator of a solid waste processing facility shall
	 prevent or control on-site populations of disease vectors using techniques
	 appropriate for the protection of human health and the
	 environment.
004.04 Air
  Criteria
Measures shall be taken to control fugitive dust in accordance with
	 Title 129 -
Nebraska Air Quality Regulations
during
	 processing of solid waste.
004.05 Procedures for Excluding the Receipt
  of Regulated Hazardous Waste or TSCA Regulated PCB Wastes.
004.05A Owners or operators of a solid waste
  processing facility shall implement a program for detecting and preventing the
  acceptance or disposal of regulated hazardous wastes and TSCA regulated
  polychlorinated biphenyl (PCB) wastes. This program shall include, at a
  minimum:
004.05A1 Random inspections of
  incoming loads unless the owner or operator takes other steps to ensure that
  incoming loads do not contain regulated hazardous wastes or PCB wastes. Random
  inspections must be conducted on a minimum of one percent ( 1.0 %) of the
  incoming loads per week or at least one (1) load per week if less than one
  hundred (100) loads per week are received and processed;
004.05A2 Records of any
  inspections;
004.05A3 Training of
  facility personnel to recognize regulated hazardous wastes and PCB wastes;
  and
004.05A4 Notification to the
  Department if a regulated hazardous waste or PCB waste is discovered at the
  facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-005 - Closure criteria

Current through June 17, 2024
Owners or operators of a solid waste processing facility shall close
	 in accordance with the approved closure plan.
005.01 The owner or operator of a solid waste
  processing facility shall prepare a written closure plan that describes the
  steps necessary to close the facility at any point during the active life of
  the facility. This closure plan shall be part of the permit application and any
  revisions shall be placed in the operating record. The closure plans shall
  include, but are not limited to the following:
005.01A A description of the activities
  required to close the site in a manner protective of human health and the
  environment;
005.01B A description
  of the post-closure plans for the inactive site;
005.01C Methods or means for notifying
  facility users of the closure of the facility; and
005.01D A description of the location where
  all materials remaining at the site will be disposed, when
  applicable.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - CRITERIA FOR SOLID WASTE PROCESSING FACILITIES › Section 132-6-006 - Required Maps and Drawings

Current through June 17, 2024
The permit application for a solid waste processing facility shall
	 include the following maps. When a structure described in
006
is not present at the site, a notation shall be
	 made on the required map or drawing.
006.01 Maps of the site, drawn to scale,
  indicating the location of:
006.01A Ground
  water monitoring wells and gas monitoring locations, if required;
006.01B Points of entrance to and exit from
  the facility and to and from the operating area of the facility;
006.01C Loading, dumping and any temporary
  storage areas;
006.01D Interior
  roads and ramps;
006.01E Devices
  for controlling litter;
006.01F
  Devices for controlling unauthorized access to the facility site;
006.01G Drainage facilities, structures,
  walls, cribbing, surface protection devices, and any other devices as are
  necessary to comply with applicable water quality standards;
006.01H Fire protection facilities;
006.01I Utilities to service the
  site;
006.01J Gas and oil
  wells;
006.01K High tension power
  lines; and
006.01L Fuel
  transmission pipelines.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-001 - Applicability

Current through June 17, 2024
001.01 Except as provided in
001.02
of this chapter, the requirements of this
  chapter apply to all solid waste disposal areas accepting municipal solid
  waste, industrial waste, delisted waste and fossil fuel combustion
  ash.
001.02 The Director may
  suspend the ground water monitoring requirements of sections
002
through
005
of this
  chapter if the owner or operator of a solid waste disposal area can demonstrate
  that there is no potential for migration of hazardous constituents from that
  disposal area to the uppermost aquifer during its active life and the
  post-closure period.
001.02A This
  demonstration shall be certified by a qualified ground water scientist and
  approved by the Department, and based upon the following:
001.02A1 Site-specific field collected
  measurements, sampling, and analysis of physical, chemical, and biological
  processes affecting contaminant fate and transport; and
001.02A2 Contaminant fate and transport
  predictions that maximize contaminant migration and consider impacts on human
  health and the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-002 - Ground Water Monitoring Systems

Current through June 17, 2024
002.01 An owner or operator shall install a
  ground water monitoring system that consists of a sufficient number of wells,
  installed at appropriate locations and depths, to yield ground water samples
  from the uppermost aquifer that:
002.01A
  Represent the quality of background ground water that has not been affected by
  leakage from an existing solid waste disposal area. A determination of
  background quality may include sampling of wells that are not hydraulically
  upgradient of the solid waste disposal area where:
002.01A1 Hydrogeologic conditions do not
  allow the owner or operator to determine what wells are hydraulically
  upgradient; or
002.01A2 Sampling at
  other wells will provide an indication of background ground water quality that
  is as representative or more representative than that provided by the
  upgradient wells; and
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-003 - Ground Water Sampling and Analysis Requirements

Current through June 17, 2024
003.01 The ground water monitoring plan shall
  include consistent sampling and analysis procedures that are designed to ensure
  monitoring results that provide an accurate representation of ground water
  quality at the background and downgradient wells installed in compliance with
002
of this chapter.
003.01A An owner or operator shall notify the
  Department that the sampling and analysis plan has been placed in the operating
  record.
003.01B The plan shall
  include procedures and techniques for:
003.01B1 Sample collection;
003.01B2 Sample preservation and
  shipment;
003.01B3 Analytical
  procedures;
003.01B4 Chain of
  custody control; and
003.01B5
  Quality assurance and quality control.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-004 - Detection Monitoring Program

Current through June 17, 2024
004.01 Detection monitoring is required at
  all solid waste disposal areas mentioned in section
001
. All ground water monitoring must occur pursuant
  to
002.01A
and
002.01B
of
  this chapter.
004.01A At a minimum, a
  detection monitoring program shall include the monitoring for the constituents
  listed in Appendix I, which is attached to these regulations and incorporated
  by this reference.
004.01B The
  Department may delete any of the monitoring parameters in Appendix I if an
  owner or operator of a solid waste disposal area can show that the removed
  constituents are not reasonably expected to be in or derived from the waste
  contained in the unit.
004.01C The
  Department may establish a list of indicator parameters for a solid waste
  disposal area, in lieu of some or all of the constituents in Appendix I, if the
  alternative parameters provide a reliable indication of releases from the solid
  waste disposal area to the ground water. In determining alternative parameters,
  the Department shall consider the following factors:
004.01C1 The types, quantities, and
  concentrations of constituents in wastes managed in the solid waste disposal
  area;
004.01C2 The mobility,
  stability, and persistence of waste constituents or their reaction products in
  the unsaturated zone beneath the solid waste disposal area;
004.01C3 The detectability of indicator
  parameters, waste constituents, and reaction products in the ground water; and
004.01C4 The concentration or
  values and coefficients of variation of monitoring parameters or constituents
  in the ground water background.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-005 - Assessment Monitoring Program

Current through June 17, 2024
005.01 Assessment monitoring is required
  whenever a statistically significant increase over background has been detected
  for one or more of the constituents listed in Appendix I or in the alternative
  list described in
004.01C
of this chapter.
005.02 Within ninety (90) days of triggering
  an assessment monitoring program, and annually thereafter, an owner or operator
  shall sample and analyze the ground water for all constituents identified in
  Appendix II, which is attached to these regulations and incorporated herein by
  this reference.
005.02A A minimum of one
  sample from each downgradient well shall be collected and analyzed during each
  sampling event.
005.02B For any
  constituent detected in the downgradient wells as a result of the complete
  Appendix II analysis, a minimum of four (4) independent samples must be
  collected and analyzed to establish background for the constituents.
005.02C The Department may specify an
  appropriate subset of wells to be sampled and analyzed for Appendix II
  constituents during assessment monitoring.
005.02D The Department may delete any of the
  Appendix II monitoring parameters if an owner or operator can show that the
  removed constituents are not reasonably expected to be in or derived from the
  waste contained in the solid waste disposal area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION › Section 132-7-006 - Assessment of Remedial Measures

Current through June 17, 2024
006.01 If a constituent listed in Appendix II
  is detected at a statistically significant level exceeding the ground water
  protection standards defined in
005.08
and
005.09
of this chapter, the owner or operator shall
  begin remedial action in accordance with Title 118 -
Ground Water
  Quality Standards and Use Classification
.
006.02 An owner or operator shall continue to
  monitor in accordance with the monitoring program specified in
005
of this chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-001

Current through June 17, 2024
The requirements of this chapter are effective April 9, 1996, and are
	 applicable to the owners or operators of all permitted solid waste management
	 facilities except as provided in Sections
001.01
and
001.02
below.
001.01 The requirements of this chapter do
  not apply to owners or operators who are State or Federal government entities
  whose debts and liabilities are the debts and liabilities of a State or the
  United States.
001.02 No county,
  municipality, or agency shall be required to provide proof of financial
  responsibility to obtain or renew a permit for a solid waste processing
  facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-002 - Closure cost estimate

Current through June 17, 2024
The owner or operator of a solid waste disposal area must have a
	 detailed written estimate, in current dollars, of the cost of hiring a third
	 party to close the largest area of the solid waste disposal area requiring a
	 final cover as required in these regulations at any time during the active life
	 in accordance with the closure plan. The owner or operator must provide the
	 Department with the estimate for approval and place a copy of the estimate in
	 the operating record. If the solid waste disposal area is constructed in phases
	 the closure plan must also provide a detailed written estimate, in current
	 dollars, of the cost of hiring a third party to close each phase of the
	 permitted area in accordance with the closure plan.
002.01 The cost estimate must equal the cost
  of closing the largest area of a solid waste disposal area requiring a final
  cover at any time during the active life when the extent and manner of its
  operation would make closure the most expensive, as indicated by its closure
  plan.
002.02 During the active life
  of a solid waste disposal area, the owner or operator must annually adjust the
  closure cost estimate for inflation by using an inflation factor derived from
  the most recent annual Implicit Price Deflator for Gross Domestic Product
  published by the United States Department of Commerce. The inflation factor is
  the result of dividing the latest published annual Deflator by the Deflator for
  the previous year.
002.03 The owner
  or operator must increase the closure cost estimate and the amount of financial
  assurance provided under
004
of this chapter if
  changes to the closure plan or changes in the solid waste disposal area
  conditions increase the maximum cost of closure at any time during the
  remaining active life.
002.04 The
  owner or operator may reduce the closure cost estimate and the amount of
  financial assurance provided under
004
of this chapter
  if the cost estimate exceeds the maximum cost of closure at any time during the
  remaining life of the solid waste disposal area. The owner or operator must
  provide the Department the justification for the reduction of the closure cost
  estimate for approval prior to reducing the amount of financial assurance and
  place a copy of the documentation in the operating record.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-003

Current through June 17, 2024
The owner or operator of a solid waste processing facility requiring a
	 permit, shall have a detailed written estimate, in current dollars, of the cost
	 of hiring a third party to close the facility and properly dispose of all
	 materials or wastes left at the site. This estimate shall be updated at the
	 time of permit renewal, and shall include the cost of disposing of the most
	 accumulated waste or materials that would ever be stored at the facility any
	 one time.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-004 - Establishing financial assurance for closure

Current through June 17, 2024
The owner or operator of each solid waste management facility must
	 establish financial assurance for closure of the facility in compliance with
009
. The owner or operator must provide continuous
	 coverage for closure until released from financial assurance
	 requirements.
004.01 The Department
  will inspect a permitted solid waste management facility when notified by the
  owner or operator that the closure plan has been implemented and in the case of
  a solid waste disposal area, compliance with the deed notation and closure
  certification by a professional engineer as required in these regulations, has
  been demonstrated. If the inspection reveals that the approved closure plan has
  been properly effected, the Department shall authorize the release of the
  financial assurance requirement for closure of that solid waste management
  facility. If the inspection reveals the closure plan has not been properly
  implemented, the Department may retain all or part of the remaining financial
  assurance instrument.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-005 - Post-closure cost estimate

Current through June 17, 2024
The owner or operator of a solid waste disposal area must have a
	 detailed written estimate, in current dollars, of the cost of hiring a third
	 party to conduct post-closure care for the solid waste disposal area in
	 compliance with the post-closure plan. The post-closure cost estimate used to
	 demonstrate financial assurance in
006
of this chapter
	 must account for the total costs of conducting post-closure care, including
	 annual and periodic costs as described in the post-closure plan over the entire
	 post-closure care period. The owner or operator must provide the Department
	 with the estimate for approval and place a copy in the operating record.
005.01 The cost estimate for post-closure
  care must be based on the most expensive costs of post-closure care during the
  post-closure care period.
005.02
  During the active life of a solid waste disposal area and during the
  post-closure care period, the owner or operator must annually adjust the
  post-closure cost estimate for inflation by using an inflation factor derived
  from the most recent annual Implicit Price Deflator for Gross Domestic Product
  published by the United States Department of Commerce. The inflation factor is
  the result of dividing the latest published annual Deflator by the Deflator for
  the previous year.
005.03 The owner
  or operator must increase the post-closure care cost estimate and the amount of
  financial assurance provided under
006
of this chapter
  if changes to the post-closure plan or changes in the solid waste disposal area
  conditions increase the maximum cost of post-closure care.
005.04 The owner or operator may reduce the
  post-closure cost estimate and the amount of financial assurance provided under
006
of this chapter if the cost estimate exceeds the
  maximum costs of post-closure care remaining over the post-closure care period.
  The owner or operator must provide the Department the justification for the
  reduction of the post-closure cost estimate for approval prior to reducing the
  amount of financial assurance and place a copy of the documentation in the
  operating record.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-006 - Establishing financial assurance for post-closure

Current through June 17, 2024
The owner or operator of each solid waste disposal area must establish,
	 in a manner in accordance with
009
, financial
	 assurance for the costs of post-closure care as required under these
	 regulations. The owner or operator must provide continuous coverage for
	 post-closure care until released from financial assurance requirements for
	 post-closure care.
006.01 Within one
  year of the end of the designated post-closure care period, the Department will
  make an inspection of a solid waste disposal area to determine if the approved
  post-closure plan has been properly implemented. If the inspection reveals that
  the post-closure plan has been properly implemented, the remaining amount of
  the financial assurance mechanism will be released. If the inspection reveals
  that the post-closure plan has not been properly implemented, the Department
  may retain all or part of the remaining financial assurance instrument or
  require an extension of the post-closure period.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-007 - Remedial action program cost estimate

Current through June 17, 2024
An owner or operator of a solid waste disposal area required to
	 undertake a remedial action program under Chapter 7, Section
006
must have a detailed written cost estimate, in
	 current dollars, of the cost of hiring a third party to perform the remedial
	 action in accordance with the program required under Chapter 7, Section
006
. The remedial action cost estimate must account
	 for the total costs of remedial action activities as described in the remedial
	 action plan submitted to the Department in accordance with Title 118
	 -Groundwater Quality Standards and Use Classification, and for any other
	 activities established as necessary by the Director for protection of human
	 health and the environment for the entire remedial action period. The owner or
	 operator must provide the Department with the estimate for approval and place a
	 copy in the operating record.
007.01
  The owner or operator must annually adjust the estimate for inflation until the
  remedial action program is completed as determined by the Department. The
  inflation factor is derived from the most recent annual Implicit Price Deflator
  for Gross Domestic Product published by the United States Department of
  Commerce. The inflation factor is the result of dividing the latest published
  annual Deflator by the Deflator for the previous year.
007.02 The owner or operator must increase
  the remedial action cost estimate and the amount of financial assurance
  provided under
008
of this chapter if changes in the
  remedial action program, or changes in the solid waste disposal area conditions
  increase the maximum costs of the remedial action.
007.03 The owner or operator may reduce the
  amount of the remedial action cost estimate and the amount of financial
  assurance provided under
008
of this chapter if the
  cost estimate exceeds the maximum remaining costs of the remedial action. The
  owner or operator must provide the Department the justification for the
  reduction of the remedial action cost estimate for approval prior to reducing
  the amount of financial assurance and place a copy of the documentation in the
  operating record.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-008 - Establishing financial assurance for remedial action program

Current through June 17, 2024
The owner or operator of each solid waste disposal area required to
	 undertake a remedial action program under Chapter 7, Section
006
must establish, in a manner in accordance with
009
, financial assurance for the most recent remedial
	 action program submitted to the Department in accordance with Title 118
	 -
Groundwater Quality Standards and Use Classification
,
	 and for any other activities established as necessary by the Director for
	 protection of human health and the environment. The owner or operator must
	 provide continuous coverage for remedial action until the remedial action
	 program is completed as determined by the Department in accordance with Title
	 118 -
Groundwater Quality Standards and Use
	 Classification,
and all other established
	 requirements.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-009 - Allowable mechanisms

Current through June 17, 2024
Allowable mechanisms used to demonstrate financial assurance under
	 Sections
010
to
018
must
	 ensure that the funds necessary to meet the costs of closure, post-closure
	 care, and remedial action for known releases will be available whenever they
	 are needed. Any mechanism under Sections
010
,
011
,
012
and, where
	 applicable,
018
shall be made payable to or held in
	 trust for the benefit of the State and shall be approved by the Department.
	 Owners and operators must choose from the options specified in
010
to
018
of this
	 chapter.
009.01 Incapacity of owners
  or operators, guarantors, or financial institutions
An owner or operator will be considered to be without financial
	 assurance in the event of bankruptcy of the trustee, insurance company,
	 financial institution, guarantor, or other issuer of any mechanism used to
	 demonstrate financial assurance. The owner or operator must establish alternate
	 financial assurance within sixty (60) days after such an
	 event.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-010 - Trust Fund

Current through June 17, 2024
010.01 An owner or operator may satisfy the
  requirements of this chapter by establishing a trust fund which conforms to the
  requirements of this section. The trustee must be an entity which has the
  authority to act as a trustee and whose trust operations are regulated and
  examined by a Federal or State Agency. The owner or operator must provide the
  Department with an originally signed duplicate of the trust agreement that has
  been placed in the operating record.
010.02 Payments into the trust fund must be
  made annually by the owner or operator over the estimated life or over the
  remaining life of the solid waste disposal area, whichever is shorter, in the
  case of a trust fund for closure or post-closure care, or over one-half of the
  estimated length of the remedial action program in the case of remedial action
  for known releases. This period is referred to as the "pay-in period".
010.02A Payments into the trust fund for an
  owner or operator of a construction and demolition waste disposal area must be
  made annually and the pay-in period shall not exceed 30 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-011 - Surety Bond Guaranteeing Payment or Performance

Current through June 17, 2024
011.01 The owner or operator may demonstrate
  financial assurance for closure or post-closure care by obtaining a payment or
  performance surety bond which conforms to the requirements of this section. An
  owner or operator may demonstrate financial assurance for remedial action by
  obtaining a performance bond which conforms to the requirements of this
  section. The bond must be effective before the initial receipt of waste in the
  case of a closure or post-closure care, or no later than 120 days after the
  remedial action workplan has been approved by the Department. The surety
  company issuing the bond, at a minimum, must be listed as an acceptable surety
  of federal bonds in Circular 570 of the United States Department of the
  Treasury and approved by the Department. The owner or operator must provide the
  Department with an originally signed duplicate of the bond that has been placed
  in the operating record.
011.02 The
  penal sum of the bond must be in an amount at least equal to the current
  closure, post-closure care or remedial action cost estimate, whichever is
  applicable, except as provided in
019
.
011.03 Under the terms of the bond, the
  surety will become liable on the bond obligation when the owner or operator
  fails to perform as guaranteed by the bond.
011.04 Payments made under the terms of the
  bond will be paid by the surety directly to the Department.
011.05 Under the terms of the bond, the
  surety may cancel the bond by sending notice of cancellation by certified mail
  to the owner and operator and to the Department one-hundred and twenty (120)
  days in advance of cancellation. If the surety cancels the bond, the owner or
  operator must obtain alternate financial assurance as specified in this
  chapter.
011.06 If the owner or
  operator fails to establish alternate financial assurance, as specified in this
  chapter, within 90 days after the Department receives a notice of cancellation,
  the Director will notify the surety of the failure of the owner or operator to
  perform as guaranteed by the bond.
011.07 The owner or operator may cancel the
  bond only if alternate financial assurance is substituted as specified in this
  chapter or if the owner or operator is no longer required to demonstrate
  financial responsibility in accordance with the requirements of Sections
004
,
006
, and
008
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-012 - Letter of Credit

Current through June 17, 2024
012.01 An owner or operator may satisfy the
  requirements of this chapter by obtaining an irrevocable standby letter of
  credit which conforms to the requirements of this section. The letter of credit
  must be effective before the initial receipt of waste in the case of closure
  and post-closure care, or no later than 120 days after the remedial action
  workplan has been approved by the Department. The owner or operator must
  provide the Department with an originally signed duplicate of the letter of
  credit that has been placed in the operating record. The issuing institution
  must be an entity which has the authority to issue letters of credit and whose
  letter-of-credit operations are regulated and examined by a Federal or State
  Agency.
012.02 A letter from the
  owner or operator referring to the letter of credit by number, issuing
  institution, and date, and providing the following information: Name and
  address of the facility, and the amount of funds assured, must be included with
  the letter of credit in the operating record.
012.03 The letter of credit must be
  irrevocable and issued for a period of at least one year in an amount at least
  equal to the current cost estimate for closure, post-closure care, or remedial
  action, whichever is applicable, except as provided in
010
. The letter of credit must provide that the
  expiration date will be automatically extended for a period of at least one
  year unless the issuing institution has canceled the letter of credit by
  sending notice of cancellation by certified mail to the owner and operator and
  to the Department 120 days in advance of cancellation. If the letter of credit
  is canceled by the issuing institution, the owner or operator must obtain
  alternate financial assurance.
012.04 If the owner or operator fails to
  establish alternate financial assurance, as specified in this chapter, within
  90 days after the Department receives a notice of cancellation, the Director
  will draw on the letter of credit.
012.05 The owner or operator may cancel the
  letter of credit only if alternate financial assurance is substituted as
  specified in this chapter or if the owner or operator is released from the
  requirements of Sections
004
,
006
or
008
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-013 - Insurance

Current through June 17, 2024
013.01 An owner or operator may demonstrate
  financial assurance for closure and post-closure care by obtaining insurance
  which conforms to the requirements of this section. The insurance must be
  effective before the initial receipt of waste. At a minimum, the insurer must
  be licensed to transact the business of insurance, or eligible to provide
  insurance as an excess or surplus lines insurer, in one or more States. The
  owner or operator must provide the Department with an originally signed
  duplicate of the insurance policy that has been placed in the operating record.
013.01A An owner or operator using insurance
  as a financial assurance mechanism must disclose whether the insurer is a
  subsidiary or has a corporate, legal or financial affiliation with the owner or
  operator.
013.01A1 An owner or operator using
  insurance issued by a subsidiary or affiliate must provide a detailed
  description of the relationship between the owner or operator and insurer, and
  must demonstrate the owner or operator can satisfy the financial test criteria
  in Section
014.01.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-014 - Corporate Financial Test

Current through June 17, 2024
An owner or operator that satisfies the requirements of this section
	 may demonstrate financial assurance up to the amount specified in this
	 section:
014.01 Financial Component
014.01A The owner or operator must satisfy
  one of the following three conditions:
014.01A1 A current rating for its senior
  unsubordinated debt of AAA, AA, A, or BBB as issued by Standard and Poor's or
  Aaa, Aa, A or Baa, as issued by Moody's; or
014.01A2 A ratio of less than 1.5 comparing
  total liabilities to net worth; or
014.01A3 A ratio of greater that 0.10
  comparing the sum of net income plus depreciation, depletion and amortization,
  minus $10 million, to total liabilities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-015 - Local Government Financial Test

Current through June 17, 2024
An owner or operator that meet the criteria of a local government as
	 identified in
017
of this Chapter, and satisfies the
	 requirements of Sections
015.01
through
015.03
, may demonstrate financial assurance up to the
	 amount specified in Section
015.04
:
015.01 Financial component
015.01A The owner or operator must satisfy
  Section
015.01A1
or
015.01A2
as applicable:
015.01A1 If the owner or
  operator has outstanding, rated, general obligation bonds that are not secured
  by insurance, a letter of credit, or other collateral or guarantee, it must
  have a current rating of Aaa, Aa, A or Baa, as issued by Moody's, or AAA, AA,
  A, or BBB, as issued by Standard and Poor's on all such general obligation
  bonds; or
015.01A2 The owner or
  operator must satisfy each of the following financial ratios based on the owner
  or operator's most recent audited annual financial statement:
015.01A2(a) A ratio of cash plus marketable
  securities to total expenditures greater that or equal to 0.05; and
015.01A2(b) A ratio of annual debt service to
  total expenditures less than or equal to 0.20.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-016 - Corporate Guarantee

Current through June 17, 2024
016.01 An owner or operator may meet the
  requirements of this chapter by obtaining a written guarantee. The guarantor
  must be the direct or higher-tier parent corporation of the owner or operator,
  a firm whose parent corporation is also the parent corporation of the owner or
  operator, or a firm with a "substantial business relationship" with the owner
  or operator. The guarantor must meet the requirements for owners or operators
  in Section
014
and must comply with the terms of the
  guarantee. A certified copy of the guarantee must be provided to the Department
  and a copy placed into the facility's operating record along with the copies of
  the letter from the guarantor's chief financial officer and accountants'
  opinions. If the guarantor's parent corporation is also the parent corporation
  of the owner or operator, the letter from the guarantor's chief financial
  officer must describe the value received in consideration of the guarantee. If
  the guarantor is a firm with a "substantial business relationship" with the
  owner or operator, this letter must describe this "substantial business
  relationship" and the value received in consideration of the
  guarantee.
016.02 The guarantee
  must be effective and all required submissions provided to the Department and a
  copy placed into the operating record before the initial receipt of waste in
  the case of closure and post-closure care, or in the case of remedial action no
  later than 120 days after the remedial action workplan has been approved by the
  Department.
016.03 The terms of the
  guarantee must provide that
016.03A If the
  owner or operator fails to perform closure, post-closure care, and/or remedial
  action of a facility covered by the guarantee, the guarantor will:
016.03A1 Perform, or pay a third party to
  perform, closure, post-closure care, and/or remedial action as required
  (performance guarantee); or
016.03A2 Establish a fully funded trust fund
  as specified in Section 010 in the name of the owner or operator (payment
  guarantee).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-017 - Local Government Guarantee

Current through June 17, 2024
An owner or operator may demonstrate financial assurance for closure,
	 post-closure and remedial action, as required by Sections
004
,
006
, and
008
, by obtaining a written guarantee provided by a
	 local government. A Local government must be a general purpose primary
	 government, a legally separate and fiscally independent entity, and must have
	 clear responsibility for meeting their own financial commitments. Enterprise
	 funds, joint ventures, agencies, coalitions, special districts, and other such
	 government units, are not eligible to use the local government financial test
	 or guarantee as a separate government entity; however the individual local
	 government partners in these government units or the overseeing general purpose
	 government in the case of the enterprise fund are eligible to provide a local
	 government guarantee. The guarantor must meet the requirements of the local
	 government financial test in Section
015
, and must
	 comply with the terms of a written guarantee.
017.01 Terms of the written guarantee
The guarantee must be effective and all required submissions provided
	 to the Department and a copy placed in the operating record before the initial
	 receipt of waste in the case of closure, post-closure care, or no later that
	 120 days after the remedial action workplan has been approved by the
	 Department. The guarantee must provide that:
017.01A If the owner or operator fails to
  perform closure, post-closure care, and /or remedial action of a facility
  covered by the guarantee, the guarantor will:
017.01A1 Perform, or pay a third party to
  perform, closure, post-closure care, and/or remedial action as required
  (performance guarantee); or
017.01A2 Establish a fully funded trust fund
  as specified in Section
010
in the name of the owner
  or operator (payment guarantee).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-018 - State-Approved Mechanism

Current through June 17, 2024
An owner or operator may satisfy the requirements of this chapter by
	 obtaining any other mechanism that meets the criteria specified in
009
, and that is approved by the
	 Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES › Section 132-8-019 - Use of Multiple Financial Mechanisms

Current through June 17, 2024
An owner or operator may demonstrate financial assurance for closure,
	 post-closure and remedial action, as required in Section
004
,
006
and
008
, by establishing more than one financial mechanism
	 per solid waste management facility, except that mechanisms guaranteeing
	 performance, rather that payment, may not be combined with other instruments.
	 The mechanisms must be as specified in
010
to
018
of the chapter, except that financial assurance
	 for an amount at least equal to the current cost estimate for closure,
	 post-closure care, or remedial action, may be provided by a combination of
	 mechanisms, rather than a single mechanism.