Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT
Section 130-5-007

Universal Citation: 130 NE Admin Rules and Regs ch 5 ยง 007

Current through September 17, 2024

The NPDES permittee shall operate the facility in accordance with the NPDES permit, the site-specific nutrient management plan, these regulations, and any terms and conditions as determined by the Department, including the following:

007.01 The NPDES permittee shall, at any reasonable time, allow the Department access to the animal feeding operation, facility, ground water monitoring wells, and all records required under these regulations and the permit;

007.02 There shall be no discharge of manure, litter, or process wastewater pollutants into waters of the State from the production area or land application area except as provided in the effluent limitations in Chapter 7;

007.03 Any discharge of manure, litter, or process wastewater shall be reported to the Department within 24 hours of the event and in a written report to the Department within five days of the event;

007.04 The NPDES permittee, authorized representative, or an employee of the operation shall complete a land application training program approved by the Department within 180 days of NPDES permit coverage unless such training was satisfactorily completed in the previous 5 years. Additional training is required every 5 years. The NPDES permittee is responsible for ensuring that the required training is maintained. Records of training shall be kept by the NPDES permittee;

007.05 The NPDES permittee is required to comply with the terms of the Nutrient Management Plan as described in Chapter 14. This includes, but is not limited to, protocols for land application of manure, litter, and process wastewater and shall contain all fields available for land application, field-specific rates of application, and any timing limitations of land application. In calculating the field-specific rate of application, the permittee shall follow a linear or narrative rate approach, as described in Chapter 14 Section 003 of this Title. The permittee shall also conduct a field phosphorus risk assessment prior to initial land application of manure, litter, or process wastewater and then prior to subsequent land application if the risk value of any site category listed in Table 3 of Appendix E has changed, but in no case less than once every five years;

007.06 The NPDES permittee shall submit an annual report for the previous calendar year to the Department by March 1. The annual report shall include the following:

007.06A The maximum number and type of animals at the operation at any one time, whether in pen confinement or housed under roof;

007.06B Estimated amount of total manure, litter, and process wastewater generated by the operation in the previous calendar year reported in tons or gallons, as appropriate;

007.06C Estimated amount of total manure, litter, and process wastewater transferred to other persons from the operation in the previous calendar year reported in tons or gallons, as appropriate;

007.06D Total number of acres for land application covered by the nutrient management plan;

007.06E Total number of acres under control of the operation that were used for land application of manure, litter, and process wastewater in the previous calendar year;

007.06F Summary of all manure, litter, and process wastewater discharges from the production area that occurred in the previous calendar year, including the date, time over which the discharge occurred, and the approximate volume discharged with supporting figures;

007.06G The name, address, and telephone number of the person who is primarily responsible for land application practices at the operation, whether that person is an authorized representative or employee of the operation, and the date that land application training was last completed;

007.06H A statement indicating whether the current version of the operation nutrient management plan was developed and approved by a certified nutrient management planner; and

007.06I The actual crop(s) planted and actual yield(s) for each field, the actual nitrogen and phosphorus content of the manure, litter, and process wastewater, the results of calculations conducted in accordance with a linear or narrative rate of application as described in Chapter 14, Section 003 of this Title, and the amount of manure, litter, and process wastewater applied to each field during the previous 12 months; and for any CAFO that implements a nutrient management plan that addresses rates of application in accordance with the narrative rate approach, the results of any soil testing for nitrogen and phosphorus taken during the preceding 12 months, the data used in calculations conducted in accordance with the nutrient management plan, and the amount of any supplemental fertilizer applied during the previous 12 months.

007.07 The NPDES permittee shall submit the annual permit fee to the Department by March 1 of each year.

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