Title 130
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:
001.01 The application fee;
001.02 A completed Form B (see Appendix B);
001.03 A completed Applicant Disclosure (see Appendix C);
001.04 A completed nutrient management plan and supporting documentation as specified in Chapter 14;
001.05 A completed production area plan and supporting documentation as specified in Chapter 14;
001.06 A description of the methods that will be implemented to insure the facility is constructed in accordance with the applicable design criteria and these regulations. At a minimum, this shall include liner design, construction, and testing; pipe size and type of material; pipe placement verification; sealing of joints or seams in concrete, steel, or flexible membrane liners; placement of splash pads or other protective devices; and other items which may be design specific as determined by the Department, such as lift stations or manholes;
001.07 A detailed construction quality assurance plan for the construction of the livestock waste control facility for any large concentrated animal feeding operation;
001.08 Supporting geotechnical reports as necessary to support design calculations and ground water information, with appropriate copies from the source of the information;
001.09 Written evidence that any necessary approvals related to the animal feeding operation from the Nebraska Department of Natural Resources for any dam structures or for the storage of runoff from any non-feedlot contributing drainage area have been obtained; and
001.10 For a large concentrated animal feeding operation, a plan describing best management practices to minimize odors from the animal feeding operation, the facility, and the disposal of livestock waste. At a minimum, the plan should describe the following:
001.10A Considerations given to the location of the animal feeding operation, facility and application area;
001.10B Selection of size and type of facility to minimize odors, and facilitate management of waste;
001.10C Management procedures to be incorporated in operation of the facility; and
001.10D Methods and scheduling procedures to minimize odors during application.
001.11 Five copies of the complete application in addition to the original.
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:
002.01 The application fee;
002.02 A completed Form B (see Appendix B);
002.03 A completed Applicant Disclosure (see Appendix C);
002.04 A detailed description of the major modification requested. For a major modification involving construction, include the appropriate construction details listed in Section 001.06 through Section 001.09 above;
002.05 A completed nutrient management plan and supporting documentation as specified in Chapter 14, unless such information has been previously submitted and is unchanged;
002.06 A completed production area plan and supporting documentation as specified in Chapter 14, unless such information has been previously submitted and is unchanged; and
002.07 Five copies of the application in addition to the original.
003 An application submitted prior to an initial inspection will be returned to the applicant without review. 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 The following terms and conditions apply to all construction approvals and construction and operating permits:
006.01 A compliance schedule established by the Department for completing construction;
006.02 Submittal of reports and supporting documentation, as required by the Department, to verify facility capacity and liner construction according to the approved plan;
006.03 Certification by the applicant and, if applicable, the designer that the facility was constructed pursuant to the application approved by the Department;
006.04 An annual update in writing to the Department from the applicant of any changes made to the nutrient management plan, including at a minimum, changes in land application area, methods of soil sampling, methods of soil analysis, and means to determine application rates. The information submitted should include all supporting documentation. Changes in methods of land application and other major modifications require a new application;
006.05 Submittal by the applicant of plans for the design, installation and operation of a ground water monitoring system, when required, and implementation in a timeframe approved by the Department;
006.06 If required by the Department pursuant to Chapter 13, ground water monitoring shall continue until the Department determines it is no longer necessary; and
006.07 Any additional terms or conditions deemed necessary by the Department to ensure compliance with these regulations.
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