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 132-5-004 - Operational criteria

Universal Citation: 132 NE Admin Rules and Regs ch 5 ยง 004

Current through March 20, 2024

Operations of all construction and demolition waste disposal areas shall be in accordance with the approved operational plan and Chapter 2 requirements.

004.01 A construction and demolition waste disposal area shall only accept waste defined as construction and demolition waste. All unacceptable wastes shall be removed from the site daily.

004.02 A construction and demolition waste disposal area shall be operated at all times so as to not constitute a hazard, or a threat to human health or the environment.

004.03 The operation of a construction and demolition waste disposal area shall include litter control and disease vector prevention and control programs.

004.04 Air Criteria

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

004.05 Access Requirements

An owner or operator of a construction and demolition waste disposal area shall control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both, as appropriate. All vehicular access points shall be equipped with gates that can be locked. All access control gates shall be locked during non-operating periods of the construction and demolition waste disposal area.

004.06 Surface Water Requirements

A construction and demolition waste disposal area shall not:

004.06A 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.

004.06B 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.

004.07 An owner or operator shall not accept construction and demolition waste at the facility if the disposal capacity has been reached. Construction and demolition waste shall only be placed in areas designated for disposal.

004.08 Any materials salvaged from the construction and demolition waste disposal area shall be stored in a manner protective of human health and environment and removed within a reasonable time period.

004.09 Cover requirements

Owners and operators of construction and demolition waste disposal areas shall periodically cover with a sufficient amount of earthen material to adequately control disease vectors, fires, and blowing litter.

004.10 All completed areas of a construction and demolition waste disposal area shall be properly reclaimed with final cover pursuant to the requirements of section 005 of this chapter.

004.11 The operational plan for a construction and demolition waste disposal area shall include:

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

004.11B A description of the number and duties of employees;

004.11C Numbers, type and size of equipment on site as well as provisions for obtaining back up equipment, if necessary;

004.11D A contingency plan for addressing reasonably foreseeable events, including, but not limited to, wet weather, high winds, frozen conditions, fires or natural disasters; and

004.11E A schedule of filling 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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