Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 26 - SCHEDULES OF COMPLIANCE
Section 122-26-005

Universal Citation: 122 NE Admin Rules and Regs ch 26 ยง 005

Current through March 20, 2024

A permit applicant or permittee may cease conducting regulated activities (by plugging and abandonment for wells and conducting restoration) rather than continue to operate and meet permit requirements as follows:

005.01 If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has been issued;

005.01A The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

005.01B The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit;

005.01C If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements;

005.02 If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a permit to contain two schedules as follows:

005.02A Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities or comply with applicable requirements;

005.02B One schedule shall lead to timely compliance with applicable requirements; and

005.02C The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements.

005.03 The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Director, such as a resolution of the board of directors of a corporation.

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