Livestock Waste Control Program Fees

Three fees are associated with this program: initial inspection, permit application fee, and annual permit fee.

Initial Inspection Fee

A fee must accompany all requests by animal feeding operations (AFO) for an initial inspection of the operation’s livestock waste control facility (LWCF) or the proposed site of the LWCF.

What it is:
All medium and large animal feeding operations must request an initial inspection of its existing and proposed operation, if not previously inspected by the Department. An initial inspection must be done prior to the start of any construction, and prior to the submittal of an application for a construction and operating permit. An existing operation that has not requested an initial inspection is subject to late fees. The amount of the initial inspection fee required varies with the livestock capacity of the AFO:
Large AFOs
$500
Medium AFOs
$200
Small AFOs
$100

How the fee is used:
This fee is used to support the operating costs of the Livestock Waste Control Program in regulating livestock waste storage and disposal in Nebraska.

Applicable Regulations:

Title 130 – Livestock Waste Control Regulations
Title 119 – “Rules & Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System

Permit Application Fee
An application fee of $200 per permit must accompany the application for a Construction and Operating Permit, a National Pollutant Discharge Elimination System (NPDES) permit, or a major modification of either permit type.

What it is:
An AFO must submit a permit application if the Department determines that a permit for livestock waste control facilities is required. An operation may be required to obtain a Construction and Operating Permit, or a NPDES permit, or both permits.

How the fee is used:
This application fee is used to support the operating costs of the Livestock Waste Control Program in regulating the storage and disposal of livestock waste in Nebraska.

Applicable Regulations:

Title 130 – Livestock Waste Control Regulations
Title 119 – “Rules & Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System

Annual Permit Fee
A fee due annually by March 1, required from all large animal feeding operations that had a permit and all NPDES permit holders as of December 31 of the previous year.

What it is:
An annual permit fee is assessed to permitted Large Concentrated Animal Feeding Operations (CAFOs) and any animal feeding operation with an active National Pollutant Discharge Elimination System permit as of the previous December 31. The annual fee rate varies per species and may be adjusted year to year, although it has remained the same for 2008 and 2009. See Fact Sheet, AFO Categories and Fees for specific information to help determine the total fee for each livestock species for which your operation has a permit.

How the fee is used:
The annual fee is used to pay a portion of the costs of the Livestock Waste Control Program. Approximately 20% of the operating costs of the program must come from fees. The annual permit fee rate may be adjusted annually to ensure fees provide 20% of program costs.

Applicable Regulations:

Title 130 – Livestock Waste Control Regulations
Title 119 – “Rules & Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System