001 Any person owning or operating an animal feeding operation which does not hold a NPDES permit, construction approval, operating permit, or construction and operating permit, has not been notified by the Department that no NPDES permit or construction and operating permit is required, or is not exempt under Neb. Rev. Stat. § 54-2422, shall submit the required inspection request with the appropriate fee as follows:
001.01 One hundred dollars for each small animal feeding operation;
001.02 Two hundred dollars for each medium animal feeding operation; or
001.03 Five hundred dollars for each large animal feeding operation.
002 Any person who fails to request an inspection as required in Neb. Rev. Stat. § 54-2423 shall be assessed, except for good cause shown, a late fee of fifty dollars for a small or a medium animal feeding operation or a late fee of five hundred dollars for a large animal feeding operation for each offense. Each month a violation continues constitutes a separate offense.
003 Any person required to obtain a NPDES permit for an animal feeding operation or a construction and operating permit for a livestock waste control facility shall submit an application fee of two hundred dollars with the application. Any modification meeting the definition of a major modification in Neb. Rev. Stat. § 54-2417(10) and these regulations requires the submittal of an application for a major modification and an application fee.
004 Beginning January 1, 2006, and each year thereafter, any person who has a valid NPDES permit or who has a large concentrated animal feeding operation and a construction approval, construction and operating permit, or operating permit under these regulations shall be assessed and pay an annual fee based on the permitted capacity as established in Neb. Rev. Stat. § 54-2428. The annual fee is due on or before March 1.
Enabling Legislation: Neb. Rev. Stat. § 81-1504(10)(11)(13)(20); § 81-1505(10)(11); § 54-2416 to § 54-2438
Legal Citation: Title 130, Ch. 3, Nebraska Department of Environmental Quality