Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS
Section 132-5-002 - Locational criteria

Universal Citation: 132 NE Admin Rules and Regs ch 5 ยง 002

Current through March 20, 2024

Construction and demolition waste disposal areas shall be located in accordance with the standards as described in this section. The application shall include documentation verifying that the solid waste disposal area complies with the following.

002.01 The vertical separation between the lowest point of the lowest cell and the predicted maximum water table elevation shall be sufficient to maintain a ten (10) foot vertical distance between deposited waste and the water table elevation based on reliable existing regional data, if available. A lesser separation distance may be approved by the Director provided the applicant shows good cause.

002.02 The application shall include a description of the land use and population density of the proposed facility and of the area surrounding the facility within one mile of the facility boundaries.

002.03 Floodplains

A construction and demolition waste disposal area or a lateral or vertical expansion of these facilities, shall not be located in a 100-year flood plain, unless the owner or operator can demonstrate that the disposal area will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment.

002.04 Wetlands

A construction and demolition waste disposal area shall not be located in wetlands.

002.05 Unstable areas

An owner or operator of a construction and demolition waste disposal area located in an unstable area shall demonstrate in the permit application that engineering measures have been incorporated into the facility's design to ensure that the integrity of the final cover system of the construction and demolition waste disposal area will not be disrupted.

002.05A An owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
002.05A1 On-site or local soil conditions that may result in significant differential settling;

002.05A2 On-site or local geologic or geomorphologic features; and

002.05A3 On-site or local human-made features or events, both surface and subsurface.

002.05B For purposes of this section,
002.05B1 "Unstable area" shall mean a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the facility structural components responsible for preventing releases from the facility. This term may include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.

002.05B2 "Poor foundation conditions" shall mean those areas where features exist which indicate that a natural or human-induced event may result in inadequate foundation support for the structural components of a solid waste management facility.

002.05B3 "Areas susceptible to mass movements" shall mean those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the solid waste management facility, because of natural or human-induced events, results in the down slope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.

002.05B4 "Karst terranes" shall mean areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

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