State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-2435

54-2435. Council; rules and regulations.(1) The council shall adopt and promulgate rules and regulations foranimal feeding operations under the Environmental Protection Act and the LivestockWaste Management Act which provide for:(a) Requirements for animal feeding operations which shall include:(i) Location restrictions and setbacks to protect waters of the state;(ii) Applications and inspection requests;(iii) Identification of ownership;(iv) Numbers, size, and types of animals;(v) Type of waste control facility;(vi) Design, construction, operation, and maintenance;(vii) Monitoring of surface or ground water which may be necessary asdetermined by the department where a significant risk to waters of the stateexists;(viii) Nutrient management, a nutrient management plan to be submittedwith the application for a National Pollutant Discharge Elimination Systempermit or a construction and operating permit, and a description of the typesof changes made to the nutrient management plan required to be updated pursuantto section 54-2426;(ix) Closure and corrective action;(x) Best management practices; and(xi) Other such requirements deemed necessary to protect waters of thestate;(b) A National Pollutant Discharge Elimination System permit processfor animal feeding operations;(c) National Pollutant Discharge Elimination System permit issuance,denial, renewal, revocation, suspension, reinstatement, termination,or transfer;(d) Training requirements for permitholders;(e) Construction and operating permit issuance, denial, revocation, suspension, reinstatement, termination,or transfer;(f) Construction and operating permit and National Pollutant DischargeElimination System permit major modification issuance, denial, revocation, or termination;(g) Public notice and hearing requirements;(h) Requirements for existing livestock waste control facilities;(i) Requirements for adequate area and proper methods and rates forland application of waste and nutrients such as nitrogen and phosphorus;(j) Requirements for record keeping and reporting;(k) A fee schedule pursuant to sections 54-2423 and 54-2428;(l) Procedures for collection of fees pursuant to this section and sections 54-2423 and 54-2428;(m) Procedures for exemptions as provided for in the requirements ofthe Environmental Protection Act and the Livestock Waste Management Act; and(n) Procedures governingproceedings to determine discharge violations under section 54-2431.(2) Rules and regulations adopted and promulgated under this sectionmay be based upon the size of the animal feeding operation and the form ofwaste management and may include more stringent requirements for larger animalfeeding operations and waste control technologies that are more likely tocause adverse impacts.(3) The council may adopt and promulgate any other rules and regulationsnecessary to carry out the purposes of the Environmental Protection Act andthe Livestock Waste Management Act.(4) Rules and regulations adopted pursuant to this section shall beno less stringent than the federal Clean Water Act, 33 U.S.C. 1251 et seq.(5) If a conflict arises between the authority of the council underthe Environmental Protection Act and the authority of the council under theLivestock Waste Management Act, the authority of the council under the LivestockWaste Management Act shall control. SourceLaws 1998, LB 1209, § 13; Laws 1999, LB 870, § 14; R.S.Supp.,2002, § 54-2413; Laws 2004, LB 916, § 24; Laws 2006, LB 975, § 15; Laws 2009, LB56, § 4. Cross ReferencesEnvironmental Protection Act, see section 81-1532.