Nebraska Administrative Code

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 17 - CONSTRUCTION AND SITING REQUIREMENTS; CLASS I, III, and V INJECTION WELLS AND MINERAL PRODUCTION WELLS 001 General Requirements Existing wells shall achieve compliance with requirements set forth in Section 002…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 18 - MECHANICAL INTEGRITY 001 Any Class I, and III injection or mineral production well must be capable of demonstrating mechanical integrity before a permit is issued. Class V wells may be required to demonstrate m…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 19 - OPERATING REQUIREMENTS 001 General Requirements 001.01 The permit shall establish any maximum injection volumes and/or pressures necessary to assure that fractures are not initiated in the confining zone, that …

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 2 - CLASSIFICATION OF INJECTION WELLS AND MINERAL PRODUCTION WELLS Injection wells are classified as follows: 001 Class I. Wells which inject fluids beneath the lowermost formation containing, within one quarter mil…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 20 - MONITORING REQUIREMENTS 001 General 001.01 Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 001.02 The permittee shall retain records of all monito…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 21 - REPORTING REQUIREMENTS 001 General 001.01 The permittee shall give advance notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. 001.02 A new inj…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 22 - AMBIENT MONITORING REQUIREMENTS FOR CLASS I WELLS 001 Based on a site specific assessment of the potential for fluid movement from the well or injection zone and on the potential value of monitoring wells to de…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 23 - DRAFT PERMIT 001 Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application. 002 If the Director tentatively decides to deny the permit a…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 24 - FACT SHEET 001 A fact sheet on a draft permit or an intent to deny the permit application shall be prepared. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, method…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 25 - PERMIT DURATION 001 Permits for Class I and Class V wells shall be effective for a fixed term not to exceed ten years. Permits for Class III injection wells and mineral production wells shall be issued for a pe…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 26 - SCHEDULES OF COMPLIANCE 001 A permit may, when appropriate, specify a schedule of compliance leading to compliance with these regulations. 002 Schedules of compliance shall require compliance as soon as possibl…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 27 - RIGHT OF ENTRY 001 The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: 001.01 Enter upon the permitte…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 28 - CONFIDENTIAL INFORMATION 001 Claims of confidentiality for the following information will be denied: 001.01 The name and address of any permit applicant or permittee; and 001.02 Information which deals with the…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 29 - PERMIT TRANSFER 001 In the case of Class I and III injection and mineral production wells, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 3 - PROHIBITION OF UNAUTHORIZED INJECTION AND CONSTRUCTION 001 Any injection or mineral production well not authorized or permitted under this title is prohibited. 002 Any injection or mineral production well requir…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 30 - PERMIT MODIFICATION; REVOCATION AND REISSUANCE 001 Any permit under this title, after public notice and opportunity for a public hearing according to Chapters 32 and 33 of this Title, may be modified or revoked…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 31 - PERMIT TERMINATION AND DENIAL 001 The following are causes for terminating a permit during its term, or for denying a permit renewal: 001.01 Noncompliance by the permittee with any condition of the permit; 001.…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 32 - PUBLIC NOTICE 001 General 001.01 The Director shall give public notice that the following actions have occurred: 001.01A A permit application has been tentatively denied; 001.01B A draft permit has been prepare…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 33 - PUBLIC COMMENTS, PUBLIC HEARINGS, RESPONSE TO COMMENTS 001 During the public comment period, any interested person may submit written comments on actions specified in Chapter 32, 001.01 of this Title, and may r…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 34 - CORRECTIVE ACTION 001 Applicants for Class I or III injection well and/or mineral production well permits shall identify the location of all wells which penetrate the injection and/or production zone within the…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 35 – PLUGGING, ABANDONMENT, AND RESTORATION 001 Prior to plugging, abandonment, or restoration activities for any Class I, III, IV, V injection well, or mineral production well, the permittee shall submit a written …

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 36 - General Provisions 001 Failure to comply with the requirements of these regulations may be grounds for administrative enforcement by the Department pursuant State law. 002 If any clause, paragraph, subsection o…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER 001 No owner or operator shall construct, operate, maintain, convert, plug or abandon, any injection well or mineral production well o…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS 001 The Director may identify (by narrative description, illustrations, maps, or other means) and shall protect, as underground sourc…

Title 122 – NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 6 – AUTHORIZATION OF CLASS V INJECTION WELLS 001 No person shall construct or operate any Class V injection well in the State, without authorization from the Department. 002 Any person who plans to construct or oper…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED 001 No person shall construct or operate any Class I or III injection well in the State, without authorization b…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 8 - AREA PERMITS 001 The Director may issue an area permit on an area basis rather than for each well individually, provided that the area permit is for injection wells and/or mineral production wells: 001.01 Descri…

Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 9 - EMERGENCY PERMITS 001 Notwithstanding any other provision of these regulations, the Director may temporarily permit a specific underground injection which has not otherwise been authorized or permitted if an imm…

TITLE 123 – NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 1 – DEFINITIONS 001 “Abandonment” means the permanent removal from service of a wastewater works. 002 “Alternative design” means a design for a wastewater structure, prepared by a professional engineer, to provide …

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 10 – ABANDONMENT OF WASTEWATER WORKS 001 Wastewater works that are permanently removed from service will be abandoned in accordance with the regulations in this chapter. 002 Abandoned sanitary sewers or wastewater …

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 11 – OPERATION AND MAINTENANCE OF WASTEWATER WORKS 001 Wastewater treatment facilities will be maintained in proper operating condition in accordance with this chapter and operated in a manner to meet all NPDES per…

TITLE 123 – NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 2 – APPLICATION OF REGULATIONS 001 All requirements of this title apply to wastewater works that are constructed, installed, modified, or have additions made on or after July 26, 2006. 002 Chapters 10 and 11 of thi…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 3 – CONSTRUCTION PERMITS 001 No person shall construct, install, modify, or make additions to a wastewater works until a construction permit is issued authorizing the project. A construction permit will be issued a…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 4 – PROHIBITED NEW CONSTRUCTION 001 New construction of the following facilities is prohibited: 001.01 Combined sewers, except for modifications to existing combined sewers that are necessary to maintain service in…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 5 – DESIGN STANDARDS AND SPECIFICATIONS The Department gives credit to the Recommended Standards for Wastewater Facilities, prepared by the Great Lakes-Upper Mississippi River Board of State and Provincial Public H…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 6 – APPROVAL OF ALTERNATIVE DESIGNS 001 The design engineer of a wastewater works may request that the director approve an alternative design that does not meet the minimum design standards and specifications in th…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 7 – SUBMISSION OF ENGINEERING DOCUMENTS 001 To apply for a construction permit, the following items will be submitted to the Department for review: 001.01 For a new or modified wastewater treatment facility: 001.01…

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 8 – CONSTRUCTION PLANS AND SPECIFICATIONS 001 Construction plans will include the following information: 001.01 The name or title of the project. 001.02 A vicinity map of the area around the project, with streets, …

Title 123 - NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY Chapter 9 – CONSTRUCTION OF WASTEWATER WORKS 001 Construction will be in accordance with the approved plans and specifications. When changes to the approved plans and specifications are desired, the following types of chan…

TITLE 124 – Onsite Wastewater Treatment Systems Chapter 1 – DEFINITIONS 001 “Authorized representative” means: 001.01 In the case of a corporation, a principal executive officer in charge of a principal business function and of at least the level of vice president; 001.02 In the …

TITLE 124 – Onsite Wastewater Treatment Systems Chapter 10 - REGISTRATION OF ONSITE WASTEWATER TREATMENT SYSTEMS 001 On or after January 1, 2004, any onsite wastewater treatment system constructed, reconstructed, altered, modified, or otherwise changed by a certified professional…

Title 124 - Onsite Wastewater Treatment Systems Chapter 11 – TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL 001 Domestic septage will be removed from a septic tank whenever the top of the sludge layer is less than 12 inches below the bottom of the outlet baffles, whenever the bottom …

Title 124 - Onsite Wastewater Treatment Systems Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS 001 A dwelling or non-dwelling facility that generates wastewater is to have an onsite wastewater treatment system in accordance with these regulations or be connected to a …

Title 124 - Onsite Wastewater Treatment Systems Chapter 3 - PERMITS 001 Permits issued under these regulations are exempt from financial responsibility requirements contemplated in Neb. Rev. Stat. §81-1505(21). 002 A private onsite wastewater treatment system is to be permitted b…

Title 124 - Onsite Wastewater Treatment Systems Chapter 4 - SUBDIVISIONS 001 Subdivision Review and Approval Application 001.01 Prior to construction of a development area where an onsite wastewater treatment system is proposed on any lot less than three acres in size, the owner …

Title 124 - Onsite Wastewater Treatment Systems Chapter 5 - MAINTENANCE OF SEPTIC SYSTEMS AND LAGOONS 001 The owner of a septic tank will have a Master or Journeyman Pumper, a professional engineer, or a registered environmental health specialist periodically inspect the septic t…

Title 124 - Onsite Wastewater Treatment Systems Chapter 6 - WASTE PROHIBITIONS 001 The type of waste that can be directed to an on-site wastewater treatment system is limited to domestic wastewater. The following wastes are prohibited from entering an onsite wastewater treatment …

Title 124 - On-site Wastewater Treatment Systems Chapter 7 - CLOSURE OF SEPTIC TANK AND LAGOON SYSTEMS 001 Whenever the use of an onsite wastewater treatment system is discontinued following the connection to a sanitary sewer or following condemnation or demolition of a building …

Title 124 - Onsite Wastewater Treatment Systems Chapter 8 - FLOOR DRAINS 001 A floor drain in a dwelling garage may be connected to an onsite wastewater treatment system provided the drain does not receive petroleum products, paint, organic solvents, antifreeze, or hazardous mate…

TITLE 124 – Onsite Wastewater Treatment Systems Chapter 9 - CERTIFICATION REQUIREMENTS 001 Only a certified professional, a professional engineer, a registered environmental health specialist, or a person under their direct supervision may engage in the inspection, pumping, sitin…