NEBRASKA ADMINSTRATIVE CODE

TITLE 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY


Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS


001 Each application for a construction and operating permit shall include the following:

002 Each application for a major modification of an operating permit, a construction approval, or a construction and operating permit or an application for a construction and operating permit shall include the following:
003 An application submitted prior to an initial inspection will be returned to the applicant without review. An application for a construction and operating permit for a large concentrated animal feeding operation or a National Pollutant Discharge Elimination System permit is subject to the requirements of the Engineers and Architects Regulation Act. An application, requiring the proper seal and signature of a Nebraska registered professional engineer, submitted without the proper seal will be returned to the applicant without review.

004 The applicant may request that the Department delay review of an application for construction and operating permit or major modification until an application for an individual NPDES permit is submitted. When such a delay is requested, the application for construction and operating permit or major modification and the application for a NPDES permit will be reviewed simultaneously in accordance with the processes and timelines for review of an individual NPDES permit as provided for in Title 119 (Nebraska Administrative Code) - Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System.

005 In the event the Department determines that a NPDES permit is not required or the applicant requests that the review of the application for construction and operating permit or major modification proceed independent of the NPDES permit application, the review will proceed as provided for in the Livestock Waste Management Act. 006 Any person who obtains or has obtained a construction approval or a construction and operating permit shall:
007 Routine repairs or minor maintenance of facility side-slope erosion may be considered repair work, without requiring a major modification or issuance of a construction and operating permit. Appropriate records shall be maintained. Items that are considered routine or minor include the repair or replacement of piping or erosion protection devices to original specification and repair of berms above the freeboard level in livestock waste control facilities.

008 The Department shall be notified and approval obtained prior to the installation of any new erosion protection measures, such as splash pads or wave protection devices. Any major modification would require a new application and construction approval.

009 The Department shall be notified if sloughing, slope failure, or excessive erosion of a facility occurs, or where other failure has occurred. The owner or permittee may be required to provide an engineering evaluation and any other information the Department determines necessary to ensure that the design and construction is acceptable such that the excessive erosion or other failure is not likely to recur. In the event the existing design or construction is determined to be inadequate, the owner or permittee may be required to submit an application for a major modification.




Enabling Legislation: Neb. Rev. Stat. §§ 81-1504(10)(11)(12)(13)(20)(21); § 81-1505(10)(11); § 81-3447; §§ 54-2416 to 54-2438


Legal Citation: Title 130, Ch. 4, Nebraska Department of Environmental Quality


Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186