Nebraska Environmental Regulations for Dairies

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Nebraska Environmental Regulations for Dairies

• World Ag Expo Tulare, California
• February 14, 2007

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Statutes and Regulations

• Nebraska Environmental Protection Act
• Livestock Waste Management Act
• Title 130 Livestock Waste Control Regulations
• Title 119 NPDES Regulations

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Other Considerations

• County Zoning Approval
• Dam Safety Review
• NPDES Storm Water Permit

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Size Category
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Fees
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Annual Permit Fee

• Paid by large CAFOs operations with NPDES
  permit
• Invoice by February 1
• Due March 1
• 0.15 per head dairy cow
• 0.10 per head heifer

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10 Steps To Compliance
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Step 1 Request Inspection

• Request inspection by Department to determine
  need for livestock waste control facility
• Submit Form A Request for Inspection of Animal
  Feeding Operation
• Submit Inspection Fee
• No site preparation prior to inspection
• Inspection must be conducted prior to permit
  application

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Step 2 Conduct Initial Inspection

• Department will contact AFO to set time for
  inspection
• Determine if potential to impact waters of the
  state
• If potential exists need to construct livestock
  waste control facility
• If no potential exempt from permits
• AFO will be informed by letter of inspection
  results and compliance dates

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Step 3 Complete Application for Construction
Operating Permit

• Design system to meet Title 130 requirements
• Minimum storage
• Liner requirements
• Operation maintenance
• Nutrient management
• No construction prior to receiving permit
• Large AFO requires P.E.

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Step 4 Submit Application for Construction
Operating Permit

• Submit Form B by compliance date
• Signed by authorized representative
• 200 application fee
• Submit Form C Applicant Disclosure
• Determine need for NPDES permit
• Use same Form B
• Additional 200 application fee

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Step 5 Department Review of Application

• 5 days to send copy of application to county
  board and natural resources district
• 60 days to public notice intent to issue or
  deny
• 110 days from receipt of application to issue
  permit or deny application

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Step 6 Issue Construction Operating Permit

• Department issues permit to applicant
• Construct following approved application
• Construction compliance date
• Certification of completion form to be submitted
  when construction completed
• Prior approval required for changes or
  modifications
• Major modification requires a new application
  review process

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Step 7 Post Construction

• Submit certification of completion form
• Department conducts post-construction inspection
• Review liner testresults otherconstruction
  detailsfor compliance
• Department authorizes use of facility

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Step 8 Issue NPDES Permit

• General NPDES permit
• Currently only for open lot operations
• Individual NPDES permit
• Draft permit develop fact sheet
• Issue public notice
• Public noticed for 30 days
• Review comments request for hearing
• Director decides to hold hearing
• Final permit issued for maximum 5 years

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Step 9 Operate in Compliance with Permit
Conditions

• Inspection requirements
• Land application training
• Reporting requirements
• Record keeping
• P-index assessment
• Groundwater monitoring

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Step 10 Annual Report

• Maximum number of animals
• Estimated manure produced and transferred
• Number of acres in management plan and number
  used
• Person responsible for land application
• Changes to management plan

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Department Contact
1200 N Street, Suite 400 PO Box 98922 Lincoln,
NE 68509-8922

• Lincoln Switchboard
• 402-471-2186
• 877-253-2603
• FAX [phone]
• Agriculture Section
• 402-471-4239

• Holdrege Field Office
• 308-995-3150
• 308-995-3944
• Norfolk Field Office
• 402-370-4427
• North Platte Field Office
• 308-535-8142

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THE END
www.ndeq.state.ne.us
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