Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS
Section 130-2-008

008.01 Provide or present false or misleading information to the Department or omit relevant facts when submitting reports or applications to the Department;

008.02 Allow livestock at an animal feeding operation to come into direct contact with waters of the State, apply livestock waste on or into waters of the State, or to otherwise allow or cause a discharge;

008.03 Apply manure, litter, or process wastewater to land in a manner that results in a discharge to waters of the State or that is not in accordance with nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater;

008.04 Stockpile livestock waste in a drainage way or other location where it is likely to impact waters of the State;

008.05 Deny the Department access to an animal feeding operation for inspection purposes or deny access to any records required under the regulations, at any reasonable time;

008.06 Construct an animal feeding operation or any portion thereof prior to an inspection by the Department, unless exempted from inspection by the Nebraska Environmental Protection Act, Livestock Waste Management Act, or these regulations;

008.07 Construct a livestock waste control facility without a construction and operating permit, or construction approval or not in compliance with a construction and operating permit or construction approval issued by the Department, unless exempted from the requirements for a construction and operating permit by the Nebraska Environmental Protection Act, Livestock Waste Management Act, or these regulations. The use of a borrow site for construction of other components of the animal feeding operation does not constitute construction of the livestock waste control facility;

008.08 Operate an animal feeding operation prior to construction of an approved livestock waste control facility, unless exempted from the requirements for a construction and operating permit by the Nebraska Environmental Protection Act, Livestock Waste Management Act, or these regulations;

008.09 Operate an animal feeding operation without a construction approval, operating permit, construction and operating permit or a NPDES permit as required in Chapter 5 of these regulations, unless exempted from permitting under these regulations.

008.10 Discharge animal excreta, feed, bedding, spillage, or overflow from water systems, wash and flushing waters, sprinkling water from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, or other materials polluted by livestock waste in violation of or without first obtaining a NPDES permit, a construction and operating permit, construction approval, or exemption from the Department, if required by the Nebraska Environmental Protection Act, Livestock Waste Management Act, or these regulations;

008.11 Place or allow dead animals or animal parts in a livestock waste control facility. Dead animals or animal parts shall not be land applied with livestock waste except when properly composted or when dead animals have been processed by an approved means of mortality disposal;

008.12 Dispose of chemicals in a livestock waste control facility; or

008.13 Violate the terms of an operating permit, construction approval, construction and operating permit or NPDES permit or any provision of the Livestock Waste Management Act and regulations.