Nebraska § 54-2429 National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Chief Water Officer; department; powers; applicability of Engineers and Architects Regulation Act

Nebraska Statutes

§ 54-2429 — National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Chief Water Officer; department; powers; applicability of Engineers and Architects Regulation Act

Nebraska § 54-2429

Ch. 54Livestock

This text of Nebraska § 54-2429 (National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Chief Water Officer; department; powers; applicability of Engineers and Architects Regulation Act) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 54-2429 (2026).

Text

(1)An applicant for a National Pollutant Discharge Elimination System permit or a construction and operating permit under the Environmental Protection Act or the Livestock Waste Management Act shall not be issued a permit until the applicant has obtained any necessary approvals from the Chief Water Officer under the Safety of Dams and Reservoirs Act. The department may require the applicant to obtain approval from the Chief Water Officer for any dam, holding pond, or lagoon structure which would not otherwise require approval under the Safety of Dams and Reservoirs Act but which in the event of a failure could result in a significant discharge into waters of the state and have a significant impact on the environment.

(2)An applicant required to obtain a National Pollutant Discharge Elimi

Free access — add to your briefcase to read the full text and ask questions with AI

(1) An applicant for a National Pollutant Discharge Elimination System permit or a construction and operating permit under the Environmental Protection Act or the Livestock Waste Management Act shall not be issued a permit until the applicant has obtained any necessary approvals from the Chief Water Officer under the Safety of Dams and Reservoirs Act. The department may require the applicant to obtain approval from the Chief Water Officer for any dam, holding pond, or lagoon structure which would not otherwise require approval under the Safety of Dams and Reservoirs Act but which in the event of a failure could result in a significant discharge into waters of the state and have a significant impact on the environment.
(2) An applicant required to obtain a National Pollutant Discharge Elimination System permit is subject to the requirements of the Engineers and Architects Regulation Act.
(3) An applicant 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 who is required to obtain a construction and operating permit is subject to the requirements of the Engineers and Architects Regulation Act.
(4) An applicant who has a small or medium animal feeding operation, as defined in 40 C.F.R. 122 and 123, as such regulations existed on January 1, 2004, and who is required to obtain a construction and operating permit, but not required to obtain a National Pollutant Discharge Elimination System permit, is exempt from the Engineers and Architects Regulation Act.
(5) The department may require an engineering evaluation or assessment performed by a licensed professional engineer for a livestock waste control facility if after an inspection: (a) The department determines that the facility has (i) visible signs of structural breakage below the permanent pool, (ii) signs of discharge or proven discharge due to structural weakness, (iii) improper maintenance, or (iv) inadequate capacity; or (b) the department has reason to believe that an animal feeding operation with a livestock waste control facility has violated or threatens to violate the Environmental Protection Act, the Livestock Waste Management Act, or any rules or regulations adopted and promulgated under such acts. Animal feeding operations not required to have a permit under the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated pursuant to such acts are exempt from the Engineers and Architects Regulation Act.

Legislative History

Source: Laws 1998, LB 1209, § 12; Laws 1999, LB 870, § 13; Laws 2000, LB 900, § 243; Laws 2003, LB 619, § 16; R.S.Supp.,2003, § 54-2412; Laws 2004, LB 916, § 18; Laws 2005, LB 335, § 80; Laws 2006, LB 975, § 11; Laws 2007, LB313, § 1; Laws 2019, LB302, § 59; Laws 2025, LB317, § 313. Operative Date: July 1, 2025 Cross References: Engineers and Architects Regulation Act, see section 81-3401. Environmental Protection Act, see section 81-1532. Safety of Dams and Reservoirs Act, see section 46-1601.