Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS
Chapter 3 - PERMITS
Section 124-3-003 - General Permits

Current through March 20, 2024

003.01 If the Director determines that numerous owners of similar dwelling or non-dwelling facilities would be subject to identical design and procedural requirements to construct, reconstruct, alter, modify, or operate an onsite wastewater treatment system, the Director may issue a general permit following the procedures specified in this Chapter. The general permit will specify design, construction, and operation requirements for all applicable systems.

003.02 If the Director, in his or her discretion, determines a general permit is appropriate, he or she will initiate issuance of a general permit by publication of a notice which will contain:

003.02A Department contact information;

003.02B A brief description of the System design parameters, activities, and/or operations addressed by the permit;

003.02C A statement of the criteria for owners of dwelling or non-dwelling facilities that qualify for the permit;

003.02D A brief description of the comment procedures and the time and place of any hearing if already scheduled, and other procedures by which the public may participate in the final general permit decision; and

003.02E The name, address, and telephone number of the person from whom interested persons may obtain further information, and inspect and copy forms and related documents.

003.03 Any interested person will have thirty (30) days from issuance of the public notice to provide the Director with any written comments concerning the draft general permit or request a public hearing in writing. The Director may extend the thirty (30) day period.

003.04 If any written comment received during the public comment period raises substantial issues concerning the draft general permit, the Director may revise the draft general permit and issue a public notice on the revised draft general permit.

003.05 Following the close of the public comment period and any public hearing, the Director may issue a general permit.

003.06 The owner of a dwelling or non-dwelling facility will be authorized to construct, modify, repair, and operate an onsite wastewater treatment facility under a general permit if they meet the conditions of the permit and are in compliance with this title.

003.07 The owner of a dwelling or non-dwelling facility that constructs or operates under general permit coverage may be subject to an enforcement action for constructing without a construction permit or operating without an operating permit if the owner is later determined not to qualify for the general permit.

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