Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS
Section 132-4-004 - Operational Criteria

Universal Citation: 132 NE Admin Rules and Regs ch 4 ยง 004

Current through March 20, 2024

Operations of all fossil fuel combustion ash disposal areas shall be in accordance with the approved operational plan and Chapter 2 requirements.

004.01 A fossil fuel combustion ash disposal area shall be designed and operated at all times so as to not constitute a hazard, or a threat to human health or the environment.

004.02 A fossil fuel combustion ash disposal area shall only accept nonhazardous waste defined as fossil fuel combustion ash. All unacceptable waste shall be removed from the site daily.

004.03 An owner or operator of a fossil fuel combustion ash disposal area shall control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, supervision, or any other measures, as appropriate, to protect human health and the environment.

004.04 Access roads to the site shall be maintained so as to be negotiable by vehicles.

004.05 Surface Water Requirements

A fossil fuel combustion ash disposal area shall not:

004.05A Cause a discharge of pollutants into waters of the state, including wetlands, that violate any requirements of Title 119 - Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System.

004.05B Cause the discharge of a non-point source of pollution to waters of the State that violate any requirement of an area-wide or state-wide water quality management plan that has been approved under section 208 or 319 of the Clean Water Act, as amended ( 33 U.S.C. 1251 et seq).

004.06 An owner or operator shall not accept solid waste at the facility if the disposal capacity has been reached. Solid waste shall only be placed in areas designated for disposal.

004.07 Liquids Restrictions

Bulk or non containerized liquid shall not be placed in a fossil fuel combustion ash disposal area unless:

004.07A The liquid is leachate derived from the fossil fuel combustion ash disposal area and the disposal area is designed with a composite liner and leachate collection system described in section 003.04;

004.07B The liquid is water used for dust control; or

004.07C The liquid is water used to facilitate the placement of the fossil fuel combustion ash in the disposal area.

004.08 Any materials salvaged from the fossil fuel combustion ash disposal area shall be removed daily or stored in a manner protective of the public health and environment.

004.09 All completed areas of a fossil fuel combustion ash disposal area shall be properly reclaimed with final cover pursuant to the requirements of section 005 of these regulations.

004.10 Measures shall be taken to control fugitive dust in accordance with Title 129 - Nebraska Air Quality Regulations during excavation, vehicle movement, placement of ash or covering deposits.

004.11 The operational plan for a fossil fuel combustion ash disposal area shall include a description of the methods of operations which comply with the requirements of 004.01 to 004.10. The operational plan shall also include:

004.11A A description of the days and hours of operations;

004.11B A listing of sources and types of fossil fuel combustion ash to be received; and an estimate of daily quantity to be received;

004.11C A contingency plan for addressing reasonably foreseeable events including, but not limited to, wet weather, high winds, or natural disaster; and

004.11D A schedule of filling; fossil fuel combustion ash placement methods; and a phased site development plan.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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