State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-2428

54-2428. National PollutantDischarge Elimination System permit; construction and operating permit; applicationand modification; fees; Livestock Waste Management Cash Fund; created; use;investment; report.(1) Any person required toobtain a National Pollutant Discharge Elimination System permit for an animalfeeding operation or a construction and operating permit for a livestock wastecontrol facility shall file an application with the department accompaniedby the appropriate fees in the manner established by the department. The applicationfee shall be established by the council with a maximum fee of two hundreddollars. For major modifications to an application or a permit, the fee shallequal the amount of the application fee.(2) On or before March 1, 2006, and each year thereafter,each person who has a National Pollutant Discharge Elimination System permitor who has a large concentrated animal feeding operation, as defined in 40C.F.R. 122 and 123, as such regulations existed on January 1, 2004, and astate operating permit, a construction and operating permit, or a constructionapproval issued pursuant to the Environmental Protection Act or the LivestockWaste Management Act shall pay a per head annual fee based on the permittedcapacity identified in the permit for that facility. The department shallinvoice each permittee by February 1, 2006, and February 1 of each year thereafter.(3) The initial annual fee shall be: Beef cattle, ten centsper head; veal calves, ten cents per head; dairy cows, fifteen cents per head;swine larger than fifty-five pounds, four dollars per one hundred head orfraction thereof; swine less than fifty pounds, one dollar per one hundredhead or fraction thereof; horses, twenty cents per head; sheep or lambs, onedollar per one hundred head or fraction thereof; turkeys, two dollars perone thousand head or fraction thereof; chickens or ducks with liquid manurefacility, three dollars per one thousand head or fraction thereof; and chickensor ducks with other than liquid manure facility, one dollar per one thousandhead or fraction thereof. This fee structure may be reviewed in fiscal year2007-08.(4) Beginning in fiscal year 2007-08, the department shallannually review and adjust the fee structure in this section and section 54-2423to ensure that fees are adequate to meet twenty percent of the program costsfrom the previous fiscal year. All fees collected under this section and sections 54-2423, 54-2435, and 54-2436 shall be remitted to the State Treasurer forcredit to the Livestock Waste Management Cash Fund which is created for thepurposes described in the Livestock Waste Management Act. Transfers may be made from the fund to the General Fundat the direction of the Legislature. Any money in the Livestock Waste Management Cash Fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct.(5) On or before January 1 of each year, the department shallsubmit a report to the Legislature in sufficient detail to document all directand indirect costs incurred in the previous fiscal year in carrying out theLivestock Waste Management Act, including the number of inspections conducted,the number of animal feeding operations with livestock waste control facilities,the number of animal feeding operations inspected, the size of the livestockwaste control facilities, the results of water quality monitoring programs,and other elements relating to carrying out the act. The Appropriations Committeeof the Legislature shall review the report in its analysis of executive programsin order to verify that the revenue generated from fees was used solely tooffset appropriate and reasonable costs associated with carrying out the act. SourceLaws 1998, LB 1209, § 8; Laws 1999, LB 870, § 10; R.S.Supp.,2002, § 54-2408; Laws 2004, LB 916, § 17; Laws 2006, LB 975, § 10; Laws 2009, First Spec. Sess., LB3, § 30. Cross ReferencesEnvironmental Protection Act, see section 81-1532.Nebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.