§ 54-2422 — Inspection and construction and operating permit requirements; exemptions

Animal feeding operations
with animal capacity that is less than three hundred cattle, two hundred mature
dairy cattle, seven hundred fifty swine weighing fifty-five pounds or more
per head, three thousand swine weighing less than fifty-five pounds per head,
one thousand five hundred ducks with liquid manure handling system, ten thousand
ducks without liquid manure handling system, nine thousand chickens with liquid
manure handling system, thirty-seven thousand five hundred chickens without
liquid manure handling system, twenty-five thousand laying hens without liquid
manure handling system, sixteen thousand five hundred turkeys, three thousand
sheep, or one hundred fifty horses are exempt from the inspection and construction
and operating permit requirements of the Environmental Protection Act, the
Livestock Waste Management Act, and the rules and regulations adopted and
promulgated by the council pursuant to such acts, unless the animal feeding
operation has intentionally
or negligently discharged pollutants to waters of the state or
the department has determined that a
discharge is more likely than not to occur.

Legislative History

Source: Laws 2004, LB 916, § 11; Laws 2006, LB 975, § 5; Laws 2009, LB56, § 2. Cross References: Environmental Protection Act, see section 81-1532.