Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 198 - Rules And Regulations Pertaining To Agricultural Chemical Containment
Chapter 5 - Secondary Containment Facility; Design Requirements
Effective Date of Last Revision: April 25, 2020


001 The walls and base of the secondary containment will be designed and constructed to be watertight, to be compatible with the pesticide or fertilizer being stored within the facility, to withstand loading conditions, and to withstand the maximum discharge from the largest container considering the full hydrostatic head of the discharged liquid.

002 Secondary containment of bulk liquid pesticides constructed prior to November 14, 1992 and secondary containment of bulk fertilizers constructed on or before July 1, 1994 are to have included one or more of the following:

002.01 Concrete or solid masonry;

002.02 A synthetic, metal, or prefabricated bentonite liner, except that a prefabricated bentonite liner will not be considered adequate for secondary containment of pesticides. The liner is to have been installed in accordance with the manufacturer's recommendations;

002.03 A soil liner, except that a soil liner will not be considered adequate for secondary containment of pesticides. The soil liner may be natural soil treated with bentonite clay or other comparable material. The seepage rate of the soil liner is not to exceed 1/8 inch per day, as determined by independent laboratory or insitu testing. The soil liner will be a minimum of six inches thick and covered with a minimum of six inches of aggregate or soil cover; or

002.04 Tank in a tank.

003 Secondary containment of bulk liquid pesticides constructed after November 14, 1992 and secondary containment of bulk fertilizers constructed after July 1, 1994 are to include one or more of the following:

003.01 Concrete;

003.02 Metal liner;

003.03 A synthetic liner installed according to the manufacturer's specifications and used only for applications specifically approved by the manufacturer;

003.04 Tank in a tank; or

003.05 Prefabricated bentonite liner, except that a prefabricated bentonite liner will not be considered adequate for secondary containment of bulk liquid pesticides.

004 Secondary containment for bulk liquid pesticides and bulk fertilizers in a totally covered or enclosed structure are to be constructed with a volume sufficient to contain at a minimum the sum of the maximum possible discharge from the largest container plus ten percent of the capacity of the largest container plus the containment volume displaced by all other structures, containers and equipment inside the secondary containment area.

005 Secondary containment not totally covered or enclosed are to be constructed with the volume specified in 004 above plus sufficient volume to contain the precipitation from a 25-year, 24-hour storm event on the containment area.

006 Pesticides will not be stored in the same secondary containment area as fertilizers.

007 Storage containers will be anchored or secured to prevent flotation or instability in the event of a release into the containment structure. Only pesticides, associated products, and equipment are to be stored or maintained in the pesticide containment area. Empty containers will not be stored in the containment area unless included in the capacity calculations for the containment facility and anchored or secured to prevent flotation or instability.

008 The containment area is to slope to a collection point or sump that allows liquids to be easily removed. The volume of the sump will not be considered part of the containment volume of the secondary containment facility. Any pump used for material removal is to be manually activated.

009 The secondary containment area will not have a relief outlet or valve. Sanitary and storm sewer drains will not be located within the secondary containment facility.

010 Secondary containment facilities for bulk dry pesticides will be:

010.01 Constructed of steel, reinforced concrete or other rigid materials compatible with the pesticides stored;

010.02 Capable of withstanding the full hydrostatic head, load and impact of any pesticides, precipitation or other substances, equipment and appurtenances.

011 Stationary containers of bulk dry pesticides will be:

011.01 Protected from wind and precipitation;

011.02 Placed on pallets or raised concrete platforms;

011.03 On a floor extending completely beneath the pallets or platforms; and

011.04 Enclosed by a curb a minimum of six inches high that extends at least two feet beyond the perimeter of the container.

Enabling Legislation: Neb. Rev. Stat. ยง 81-1505(8)(14)