Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 13 - FINANCIAL RESPONSIBILITY
Section 122-13-001 - General Requirements

Universal Citation: 122 NE Admin Rules and Regs ch 13 ยง 001

Current through March 20, 2024

001.01 Each application for a permit or a renewal shall be accompanied by a written estimate of the costs to undertake environmental protection measures necessary to prevent contamination of ground water having 10,000 mg/l or less TDS during and after the cessation of operations. These measures shall include, but are not limited to:

001.01A The proper closing, plugging, and abandonment of a well(s);

001.01B The proper disassembly, decontamination, and restoration of the aquifer site;

001.01C The probable difficulty of completing the requirements of 001.01A and 001.01B above, due to such factors as topography, geology of the site, and hydrology;

001.01D Any post-operational monitoring as may be required by the Environmental Protection Act, the regulations of this title, and/or the permit; and

001.01E Additional estimated costs to the State which may arise from applicable public contracting requirements or the need to bring personnel and equipment to the permit area to complete the restoration after its abandonment by the permittee.

001.02 After the submission of the estimate and as a prerequisite to commencing operations, the Department shall require the applicant to provide evidence, to its satisfaction, of financial responsibility that moneys are available in an amount estimated by the Director to be sufficient to undertake the measures specified in Section 001.01 above.

001.03 In determining the amount of financial assurance, in addition to the requirements of Sections 001.01 and 001.02 of this Chapter, the Director shall consider the prior history of environmental activities of the applicant as submitted pursuant to Chapter 11, Sections 006.06 and 006.08.

001.04 Each owner or operator shall keep its evidence of financial responsibility on file with the Department current and accurate. Any change in the form or nature of an owner's or operator's method of maintaining the financial responsibility required shall be filed with and approved by the Department prior to any such change.

001.05 Evidence of financial responsibility does not operate to any extent as a limitation upon the obligation of the owner or operator to comply with its permit or complete any restoration.

001.06 Failure of the permit applicant to provide evidence of financial responsibility shall be sufficient cause for withholding issuance of a permit or the revocation of an existing permit.

001.07 Class V wells authorized in Chapter 6 of this Title may not be required to fulfill the requirements of this Chapter.

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