001 No person shall discharge any pollutant into any waters of the state from a point source without first having obtained a permit from the Department for such discharge unless exempted under chapter 3 of this Title.
002 All persons discharging or proposing to discharge pollutants from a point source into any waters of the state are required to apply for and have a permit to discharge as required by 40 CFR 122.21(a). This includes, but is not limited to, such operations as:
002.01 Disposal of sewage sludge resulting from the operation of a treatment works that would result in any pollutant from such sewage sludge entering any waters of the state pursuant to Section 405 of the Clean Water Act;
002.02 Discharge of pollutants into an approved aquaculture project pursuant to Section 318 of the Clean Water Act;
002.03 Discharges from aquatic animal production facilities;
002.04 Discharges from silvicultural point sources;
002.05 Discharges from federal facilities; and
002.06 Discharges of storm water:
002.06A Associated with industrial activity;
002.06B From a large municipal separate storm sewer system;
002.06C From a medium municipal separate storm sewer system;
002.06D From a small municipal separate storm sewer system; or
002.06E Which the Director determines to contribute to a violation of a water quality standard or is a significant contributor of pollutants to waters of the state.
002.07 Discharges from concentrated animal feeding operations (CAFO) as required by Title 130 - Livestock Waste Control Regulations.
003 Any industrial user discharging pollutants into a POTW where such source meets the definition of a significant industrial user, must apply for and have a permit to discharge to such POTW. This includes, but is not limited to:
003.01 Pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs; to POTWs which receive wastewater from sources subject to National Pretreatment Standards; and
003.02 Any new or existing source subject to Pretreatment Standards.
Enabling Legislation: Neb. Rev. Stat. ยงยง 81-1504(11), (20); 81-1505(4), (11), (20); 81-1506 (1), (2)(a)(c)(d) and (e)
Legal Citation: Title 119, Chapter 2, Nebraska Department of Environmental Quality