State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-2431

54-2431. Applications; rejection; when; disciplinaryactions; grounds.(1) For purposes of thissection:(a)Applicant means the person who has applied for a National Pollutant DischargeElimination System permit, a construction and operating permit, or a majormodification of a National Pollutant Discharge Elimination System permit orconstruction and operating permit, but does not include any other person whois a relative, partner, member, shareholder, resident, parent company, subsidiary,or other affiliate of the applicant;(b) Discharge violation means a discharge, found bythe department after investigation, notice, and hearing, to have been causedintentionally or negligently by the applicant or permitholder; and(c) Permitholder meansthe person who has received a National Pollutant Discharge Elimination Systempermit, a construction and operating permit, or a major modification of aNational Pollutant Discharge Elimination System permit or construction andoperating permit, but does not include any other person who is a relative,partner, member, shareholder, resident, parent company, subsidiary, or otheraffiliate of the permitholder.(2) Notwithstanding the rules and regulations adopted andpromulgated under subdivision (1)(e) of section 54-2435, the department may reject an application for a new National Pollutant Discharge EliminationSystem permit, an applicationfor a new construction and operating permit, or an application for a major modification of a National PollutantDischarge Elimination System permit or a construction and operating permit,and the department may revoke or suspend a National PollutantDischarge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section thatthe applicant or permitholder is unsuited toperform the obligations of a permitholder.(3) The applicant or permitholder shall be determined unsuited toperform the obligations of a permitholder if the department finds, upon an investigation and hearing, thatwithin the past five years the applicant or permitholder:(a) Has committed three separate and distinct discharge violationsat the same animal feeding operation in Nebraska owned or operatedby the applicant or permitholder; or(b) Has a criminal conviction for a violation of section 81-1506 ora felony criminal conviction for violation of the environmental law in anyjurisdiction. SourceLaws 2004, LB 916, § 20; Laws 2006, LB 975, § 12; Laws 2009, LB56, § 3.