Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 130 - Livestock Waste Control Regulations
Chapter 12 - Inspection, Maintenance, And Record Keeping Requirements

001 All permittees and all recipients of construction approvals are required to have routine inspections conducted of the production area, irrigation distribution system, and land application areas as follows:

001.01 Weekly inspections at the production area of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the facilities;

001.02 Daily inspection at the production area of water lines, including drinking water or cooling water lines;

001.03 Daily monitoring and recording of any precipitation events;

001.04 Weekly inspections at the production area of the manure, litter, and process wastewater impoundments. An inspection record shall note the level in liquid impoundments as indicated by the depth marker;

001.05 Inspection prior to each operation of the irrigation distribution system and the water source protection equipment identified in Chapter 10 to ensure that the system and equipment operate as intended. The system shall be monitored while in use to insure the system operates as intended; and

001.06 Inspection at least once a year to determine the sludge and sediment accumulation level in liquid impoundments.

001.07 Maintain records of the above described inspections at the operation for a period of five years.

002 The owner or operator shall maintain all facilities and equipment in proper working condition. Any deficiencies found shall be corrected as soon as possible. The deficiencies and corrective actions shall be documented and an explanation of the factors preventing immediate correction shall be included for deficiencies not corrected within 30 days.

003 Animal mortalities shall not be disposed of in any liquid manure or process wastewater system, and shall be handled in such a way as to prevent the discharge of pollutants to surface water in accordance with animal mortality regulations developed by the Nebraska Department of Agriculture.

004 The NPDES permittee or the owner or operator of a large concentrated animal feeding operation with a livestock waste control facility, shall maintain production area and land application area records at the concentrated animal feeding operation for a period of five years from the date they are created. A complete copy of the following information is required:

004.01 Weekly records of the depth of the manure and process wastewater in the liquid impoundment as indicated by the depth marker;

004.02 Records to document any actions taken to correct deficiencies found as a result of required inspections. For any deficiencies not corrected within 30 days, the record shall include an explanation of the factors preventing immediate correction;

004.03 Records of mortalities management, chemical management, and related practices used by the operation;

004.04 Any records documenting the current design of any manure or litter storage structures, total design capacity for liquids and solids, all sampling and test results related to the design and construction of the facility, and approximate number of days of storage capacity, which demonstrates the facility capacity is adequate to meet the design storage requirements;

004.05 The nutrient management plan, which also includes the test methods used to sample and analyze manure, litter, process wastewater, and soil;

004.06 The date, time, and estimated volume of any overflow or discharge;

004.07 Expected crop yields for the land application areas;

004.08 The date(s) manure, litter, or process wastewater was applied to each field;

004.09 Weather conditions at the time of application and for 24 hours prior to and following application;

004.10 Results from manure, litter, process wastewater, irrigation water, and soil sampling and testing;

004.11 Explanation of the basis for determining manure, litter, and process wastewater application rates, as required by the Department;

004.12 Results of the most recent phosphorus risk assessment for each field or field segment including the legal description, date assessed, name of the person who completed the assessment, and the level of risk assessed;

004.13 Calculations that show the total nitrogen and phosphorus to be applied to each field;

004.14 Total amount of nitrogen and phosphorus actually applied to each field, including documentation;

004.15 The method used to apply the manure, litter, or process wastewater;

004.16 For manure, litter, or process wastewater transferred to other persons the nutrient analysis results and the date, recipient name and address, and approximate amount transferred;

004.17 Dates of inspections of equipment used to apply manure, litter, or process wastewater; and

004.18 Any other records required by any permit or approved application.

Enabling Legislation: Neb. Rev. Stat. § 81-1504(10)(11)(12)(13)(20)(21); § 81-1505(10)(11); §§ 54-2416 to 54_2438

Legal Citation: Title 130, Ch. 12, Nebraska Department of Environmental Quality