The owner or operator of an animal feeding operation or proposed animal feeding operation is exempt from Sections 008.07 and 008.08 above, provided that:
009.01 The animal feeding operation or proposed animal feeding operation has been inspected by the Department pursuant to this chapter; and009.02 Based on the inspection, no livestock waste control facility is required by the Department; or009.03 No construction and operating permit or NPDES permit is required by the Department.130 Neb. Admin. Code, ch. 2, § 009