§ 54-2431 — Applications; rejection; when; disciplinary actions; grounds

(1) For purposes of this
section:
(a)
Applicant means the person who has applied for a National Pollutant Discharge
Elimination System permit, a construction and operating permit, or a major
modification of a National Pollutant Discharge Elimination System permit or
construction and operating permit, but does not include any other person who
is a relative, partner, member, shareholder, resident, parent company, subsidiary,
or other affiliate of the applicant;
(b) Discharge violation means a discharge, found by
the department after investigation, notice, and hearing, to have been caused
intentionally or negligently by the applicant or permitholder; and
(c) Permitholder means
the person who has received a National Pollutant Discharge Elimination System
permit, a construction and operating permit, or a major modification of a
National Pollutant Discharge Elimination System permit or construction and
operating permit, but does not include any other person who is a relative,
partner, member, shareholder, resident, parent company, subsidiary, or other
affiliate of the permitholder.
(2) Notwithstanding the rules and regulations adopted and
promulgated under subdivision (1)(e) of section 54-2435 , the department may reject an application for a new National Pollutant Discharge Elimination
System permit, an application
for a new construction and operating permit, or an application for a major modification of a National Pollutant
Discharge Elimination System permit or a construction and operating permit,
and the department may revoke or suspend a National Pollutant
Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that
the applicant or permitholder is unsuited to
perform the obligations of a permitholder.
(3) The applicant or permitholder shall be determined unsuited to
perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that
within the past five years the applicant or permitholder:
(a) Has committed three separate and distinct discharge violations
at the same animal feeding operation in Nebraska owned or operated
by the applicant or permitholder; or
(b) Has a criminal conviction for a violation of section 81-1506 or
a felony criminal conviction for violation of the environmental law in any
jurisdiction.

Legislative History

Source: Laws 2004, LB 916, § 20; Laws 2006, LB 975, § 12; Laws 2009, LB56, § 3.