Any small animal feeding operation is exempt from the inspection, and construction and operating permit requirements, unless the animal feeding operation has discharged pollutants to waters of the State, or the Department has determined that such a discharge is more likely than not to occur. Operations with animals that are in contact with, or which have direct access to, surface waters, or operations with a man-made ditch, pipe, or other conveyance from the operation to surface waters are considered to be discharging. Animal feeding operations for other species not listed (e.g. bison, elk) that confine animals with a total animal weight of less than 300,000 pounds are considered small animal feeding operations.
130 Neb. Admin. Code, ch. 2, § 001