State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-2417

54-2417. Terms, defined.Forpurposes of the Livestock Waste Management Act:(1) Animal feeding operation means a location where beef cattle, dairycattle, horses, swine, sheep, poultry, or other livestock have been, are,or will be stabled or confined and fed or maintained for a total of forty-fivedays or more in any twelve-month period and crops, vegetation, forage growth,or post-harvest residues are not sustained in the normal growing season overany portion of the location. Two or more animal feeding operations under commonownership are deemed to be a single animal feeding operation if they are adjacentto each other or if they utilize a common area or system for the disposalof livestock waste. Animal feeding operation does not include aquacultureas defined in section 2-3804.01;(2) Best management practices means schedules of activities, prohibitions,maintenance procedures, and other management practices found to be the mosteffective methods based on the best available technology achievable for specificsites to prevent or reduce the discharge of pollutants to waters of the stateand control odor where appropriate. Best management practices also includesoperating procedures and practices to control site runoff, spillage, leaks,sludge or waste disposal, or drainage from raw material storage;(3) Construct means the initiation of physical onsite activities;(4) Construction and operating permit means the state permit to constructand operate a livestock waste control facility, including conditions imposedon the livestock waste control facility and the associated animal feedingoperation;(5) Construction approval means an approval issued prior to December1, 2006, by the department allowing construction of a livestock waste controlfacility;(6) Council means the Environmental Quality Council;(7) Department means the Department of Environmental Quality;(8) Discharge means the spilling, leaking, pumping, pouring, emitting,emptying, or dumping of pollutants into any waters of the state or in a placewhich will likely reach waters of the state;(9) Existing livestock waste control facility means a livestock wastecontrol facility in existence prior to April 15, 1998, that does not holda permit and which has requested an inspection prior to January 1, 2000;(10) Livestock waste control facility means any structure or combinationof structures utilized to control livestock waste at an animal feeding operationuntil it can be used, recycled, or disposed of in an environmentally acceptablemanner. Such structures include, but are not limited to, diversion terraces,holding ponds, debris basins, liquid manure storage pits, lagoons, and othersuch devices utilized to control livestock waste;(11) Major modification means an expansion or increase to the lot areaor feeding area; change in the location of the animal feeding operation; changein the methods of waste treatment, waste storage, or land application of waste;increase in the number of animals; change in animal species; or change inthe size or location of the livestock waste control facility;(12) National Pollutant Discharge Elimination System permit means eithera general permit or an individual permit issued by the department pursuantto subsection (11) of section 81-1505. A general permit authorizes categoriesof disposal practices or livestock waste control facilities and covers a geographicarea corresponding to existing geographic or political boundaries, thoughit may exclude specified areas from coverage. General permits are limitedto the same or similar types of animal feeding operations or livestock wastecontrol facilities which require the same or similar monitoring and, in theopinion of the Director of Environmental Quality, are more appropriatelycontrolled under a general permit than under an individual permit;(13) New animal feeding operation means an animal feeding operationconstructed after July 16, 2004;(14) New livestock waste control facility means any livestock wastecontrol facility for which a construction permit, an operating permit, a NationalPollutant Discharge Elimination System permit, a construction approval, ora construction and operating permit, or an application therefor, is submittedon or after April 15, 1998;(15) Operating permit means a permit issued prior to December 1, 2006,by the department after the completion of the livestock waste control facilityin accordance with the construction approval and the submittal of a completedcertification form to the department;(16) Person has the same meaning as in section 81-1502; and(17) Waters of the state has the same meaning as in section 81-1502. SourceLaws 1998, LB 1209, § 2; Laws 1999, LB 870, § 5; R.S.Supp.,2002, § 54-2402; Laws 2004, LB 916, § 6; Laws 2006, LB 975, § 2; Laws 2009, LB56, § 1.