Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 119 - Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System
Chapter 2 - Permits; When Required
Effective Date of Last Revision: September 20, 2023

001 Pursuant to Neb. Rev. Stat. §81-1506 (2)(a) and 40 CFR 121.21(a), as adopted herein, all persons discharging or proposing to discharge any pollutant from a point source into any waters of the state will obtain a state National Pollutant Discharge Elimination System permit in accordance with the requirements of this Title unless exempt under Section 002.

002 Except as more expressly provided in Title 115 – Rules of Practice and Procedure, procedures for issuing, modifying, revoking, reissuing or terminating permits will be in accordance with 40 CFR Part 124, subparts A and D which are adopted and incorporated by reference, and Part 122, as adopted herein.

003 The following do not require NPDES permits:
003.01 Those discharges in 40 CFR 122.3, as adopted herein;
003.02 Water, gas or other material which is injected into a well to facilitate production of oil and gas, or water derived in association with oil or gas production and disposal of in a well, if the well is used either to facilitate production or for disposal purposes and is approved by the Nebraska Oil and Gas Conservation Commission, complies with Title 122 - Rules and Regulations for Underground Injection and Mineral Production Wells, and it is determined by the Department that injection or disposal will not result in the degradation of ground or surface water resources;
003.03 Diversion, carriage, and exchange of water from or into streams, lakes, reservoirs, or conveyance structures, or storage of water in or release of water from lakes, reservoirs, or conveyance structures, in the exercise of water rights;
003.04 Discharge of water from single family household, or non-household systems of equivalent size, from non-recirculating geothermal heat pumps, if the discharge does not include chemical additives for cleaning or descaling and does not create a threat to public health or safety, a nuisance, or unlawful pollution of waters of the state;
003.05 Discharge from swimming pools, if the discharge from a swimming pool is discharged through permanent piping to a POTW and does not create a threat to public health or safety, result in pass through or interference to a POTW, a nuisance, or unlawful pollution of waters of the state;
003.06 Discharge from Agricultural tile drain systems to surface waters of the state; and
003.07 Application of water containing nutrients that is agronomically applied as a fertilizer, when the source of the water is not wastewater, cooling water or process water.
004 No permit is to be issued as provided in 40 CFR 122.4, as adopted herein, and also when:
004.01 Any discharge from a new source or new discharger if the discharge exceeds the reserve treatment capacity at the POTW.
004.02 Any new or existing source subject to Pretreatment Standards. Any discharge from an industrial user which does not assure compliance with applicable pretreatment standards or requirements which will otherwise interfere with, pass through, or be incompatible with a POTW’s treatment processes, including contamination of sewage sludge.
005 The Director may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable National Pretreatment Standards and requirements, where such contributions would cause the POTW to violate its NPDES permit, or where such contributions exceed the reserve treatment capacity of the POTW.
006 A new source or new discharger wishing requesting to discharge pollutants into waters of the state will file an NPDES application at the same time as application is made to the Department for a construction permit under NDEE Title 123 for a new source, not less than 180 days prior to commencement of discharge.

007 Permit applications for a limited liability company (LLC).will be signed by a member in a member-managed LLC; or by the manager in a manager-managed LLC as set out in the articles of organization.

008 Prior to the existence of any applicable standard referred to in 40 CFR 122.41, as adopted herein, in determining the terms and conditions of any issued permit the Director shall apply existing water quality standards, and any other requirements which the Director determines are necessary in order to achieve best practicable control technology, best available control technology, best conventional pollutant control technology, or new source performance standards whichever is appropriate, to carry out the provisions of State and Federal Law.

009 The discharge of any pollutant not identified and authorized by the NPDES permit or the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit.

010 The permittee, in order to maintain compliance with its permit, shall control production and all discharges upon reduction, loss, or failure of the treatment facility until the facility is restored or an alternative method of treatment is provided. This applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

011 In a permit modification under these regulations, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit will remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any modification or revocation and reissuance proceeding, the permittee will comply with all conditions of the existing permit until a new final permit is reissued.

012 Continuation of expiring state permits.
012.01 When the State is the permit-issuing authority, the conditions of an expired permit continue in force until the effective date of a new permit if:
012.01A The permittee has submitted a timely application which is a complete application for a new permit; and
012.01B The Director through no fault of the permittee does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
012.02 Effect. Permits continued under this section remain fully effective and enforceable.
012.03 Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired state permit the Director may choose to do any or all of the following:
012.03A Initiate enforcement action based upon the permit which has been continued;
012.03B Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

012.03C Issue a new permit with appropriate conditions; or
012.03D Take other actions authorized by these regulations.
Enabling Legislation: Neb. Rev. Stat. §§ 81-1504(11), (20); 81-1505(4), (11), (20); 81-1506 (1), (2)(a)(c)(d) and (e)