Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 2 - APPLICATION OF STANDARDS
Section 117-2-013
Universal Citation: 117 NE Admin Rules and Regs ch 2 ยง 013
Current through November 25, 2023
These standards will not apply to:
013.01 Waters below existing hydroelectric plants during periods of approved sluicing activities, provided the hydroelectric plant was operational prior to May 10, 1982. The Department will determine when sluicing activities will be allowed.
013.01A Sluicing activities will be conducted
in such a manner as to minimize any harmful effects on assigned beneficial
uses.
013.01B Sluicing is not to
occur immediately before or during critical reproductive periods of identified
key species.
013.01C In the event
that the sluicing activity has been determined to have a deleterious impact on
the aquatic biota of the State waters, the operator is to pay to the Game and
Parks Commission annually the lesser of A., $ 5000.00, or B., 20% of the annual
damages, which is the fair market mitigation to the fisheries resulting from
the sluicing activity.
013.02 Waters within canals designated as segments in Chapter 5 during periods of dewatering which are required for or may result from repair, maintenance, inspection, non-diversion periods, force majeure or public safety.
Amended effective 6/24/2019
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
