§ 54-2428 — National Pollutant Discharge Elimination System permit; construction and operating permit; application and modification; fees; Livestock Waste Management Cash Fund; created; use; investment; report

Nebraska § 54-2428

• Jurisdiction: Nebraska
• Ch. 54: Livestock

Text

(1) Any person required to obtain a National
Pollutant Discharge Elimination System permit for an animal feeding operation
or a construction and operating permit for a livestock waste control facility
shall file an application with the department accompanied by the appropriate
fees in the manner established by the department. The application fee shall
be established by the council with a maximum fee of two hundred dollars. For
major modifications to an application or a permit, the fee shall equal the
amount of the application fee.
(2) On or before March 1, 2006, and each year thereafter, each person
who has a National Pollutant Discharge Elimination System permit or who has
a large concentrated animal feeding operation, as defined in 40 C.F.R. 122
and 123, as such regulations existed on January 1, 2004, and a state operating
permit, a construction and operating permit, or a construction approval issued
pursuant to the Environmental Protection Act or the Livestock Waste Management
Act shall pay a per head annual fee based on the permitted capacity identified
in the permit for that facility. The department shall invoice each permittee
by February 1, 2006, and February 1 of each year thereafter.
(3) The initial annual fee shall be: Beef cattle, ten cents per head;
veal calves, ten cents per head; dairy cows, fifteen cents per head; swine
larger than fifty-five pounds, four dollars per one hundred head or fraction
thereof; swine less than fifty pounds, one dollar per one hundred head or
fraction thereof; horses, twenty cents per head; sheep or lambs, one dollar
per one hundred head or fraction thereof; turkeys, two dollars per one thousand
head or fraction thereof; chickens or ducks with liquid manure facility, three
dollars per one thousand head or fraction thereof; and chickens or ducks with
other than liquid manure facility, one dollar per one thousand head or fraction
thereof. This fee structure may be reviewed in fiscal year 2007-08.
(4) Beginning in fiscal year 2007-08, the department shall annually
review and adjust the fee structure in this section and section 54-2423 to
ensure that fees are adequate to meet twenty percent of the program costs
from the previous fiscal year. All fees collected under this section and sections 54-2423 , 54-2435 , and 54-2436 shall be remitted to the State Treasurer for
credit to the Livestock Waste Management Cash Fund which is created for the
purposes described in the Livestock Waste Management Act. Transfers may be
made from the fund to the General Fund at the direction of the Legislature.
Any money in the Livestock Waste Management Cash Fund available for investment
shall be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act.
(5) On or before January 1 of each year, the department shall submit electronically a report to
the Legislature in sufficient detail to document all direct and indirect costs
incurred in the previous fiscal year in carrying out the Livestock Waste Management
Act, including the number of inspections conducted, the number of animal feeding
operations with livestock waste control facilities, the number of animal feeding
operations inspected, the size of the livestock waste control facilities,
the results of water quality monitoring programs, and other elements relating
to carrying out the act. The Appropriations Committee of the Legislature shall
review the report in its analysis of executive programs in order to verify
that the revenue generated from fees was used solely to offset appropriate
and reasonable costs associated with carrying out the act.

Legislative History

Source: Laws 1998, LB 1209, § 8; Laws 1999, LB 870, § 10; R.S.Supp.,2002, § 54-2408; Laws 2004, LB 916, § 17; Laws 2006, LB 975, § 10; Laws 2009, First Spec. Sess., LB3, § 30; Laws 2012, LB782, § 84. Cross References: Environmental Protection Act, see section 81-1532. Nebraska Capital Expansion Act, see section 72-1269. Nebraska State Funds Investment Act, see section 72-1260.