001.01 Within 100 feet of any well used for domestic purposes. For the purposes of these regulations, domestic water well means a water well providing water to any water supply system furnishing water for human consumption other than a public water supply system; for the watering of livestock, poultry, farm, and domestic animals; or for the irrigation of lands not exceeding an area of two acres;

001.02 Within 1000 feet of a public drinking water supply well, unless the applicant furnishes the Department with field-derived data giving estimates of the depth, velocity and flow direction of ground water which support the contention that the facility will not result in ground water contamination and after review, the Department concurs;

001.03 In an area or in such a manner that, in the Department's judgment, there is a substantial threat of beneficial use impairment to surface waters of the State as defined in Title 117 (Nebraska Administrative Code) – Nebraska Surface Water Quality Standards;

001.04 Where the Department determines that ground water may be contaminated; or

001.05 Less than four feet above the seasonal high ground water level. Except, that a facility for an existing animal feeding operation may, with Department approval, be located less than four feet above the seasonal high ground water level, if the design provides for structural stability, a maximum operating depth of six feet, and provisions are made to maintain the facility. In addition, for a facility located at or below the seasonal high ground water level a low permeability liner with saturated hydraulic conductivity of 1x10^-7 cm/sec., or less, and at least one foot in thickness or equivalent shall be utilized.

002.01 Depth to ground water;

002.02 Known flow direction of ground water;

002.03 Structural integrity of the facility and, if known, the well; and

002.04 Any other circumstance that may adversely affect ground water quality.

005.01 The existing animal feeding operation does not currently have a NPDES permit or a construction and operating permit, and, upon inspection by the Department, a determination is made that one is necessary;

005.02 The existing animal feeding operation modifies its operation, but does not expand its approved livestock waste control facility;

005.03 The existing animal feeding operation’s livestock waste control facility is located more than two miles from a designated cold water class A stream segment delineated pursuant to Neb. Rev. Stat. § 54-2421 and in the same cold water class A stream watershed as the animal feeding operation; or

005.04 The existing animal feeding operation or livestock waste control facility is located less than two miles, but more than one mile, from a cold water Class A stream delineated pursuant to Neb. Rev. Stat § 54-2421, and the Department determines, based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.

007.01 A 35-foot-wide vegetated buffer where the application of manure, litter, or process wastewater is prohibited. For the purposes of these regulations vegetated buffer means a permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching waters of the state; or

007.02 A satisfactory demonstration that a setback or buffer is not necessary because implementation of alternative conservation practices will provide pollutant reductions equal to or better than reductions that would be achieved by the 100-foot setback.