State Regulations

Title 119 – Nebraska Department of Environmental Quality

• Chapter 2 – Permits, when required.

001 No person shall discharge any pollutant into any waters of the state from a point source without first having obtained a permit from the Department for such discharge unless exempted under chapter 3 of this Title.

002 All persons discharging or proposing to discharge pollutants from a point source into any waters of the state are required to apply for and have a permit to discharge. This includes, but is not limited to, such operations as: [122.21(a)]

002.06 Discharges of storm water.

002.06A Associated with industrial activity;

003 Any industrial user discharging pollutants into a POTW where such source meets the definition of a significant industrial user, must apply for and have a permit to discharge to such POTW. This includes, but is not limited to:

003.01 Pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs; to POTWs which receive wastewater from sources subject to National Pretreatment Standards; and

003.02 Any new or existing source subject to Pretreatment Standards.

Enabling Legislation: Neb. Rev. Stat. §81-1505, Legal Citation: Title 119, Chapter 2, Nebraska Department of Environmental Quality.

• Chapter 14 – Permits: Terms and Conditions – General

001 The following conditions apply to all NPDES permits under this Title:

001.01 Duty to comply. The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the Federal and State Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

001.01A The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement.

001.01B Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.

001.01C Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

001.01D Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

001.01E Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

001.01F Permit actions. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

001.01G Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

001.01H Duty to provide information. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this permit.

001.01I Inspection and entry. The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law, to:

001.01I(a) Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
001.01I(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
001.01I(c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

001.01J Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Federal or State Act, any substances or parameters at any location.

003 The discharge of any pollutant not identified and authorized by the NPDES permit or the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit.

Enabling Legislation: Neb. Rev. Stat. §81-1505
Legal Citation: Title 119, Chapter 14, Nebraska Department of Environmental Quality.