A livestock waste control facility shall not be constructed:
001.01 Within 100 feet of any well used for domestic purposes. For the purposes of these regulations, domestic water well means a water well providing water to any water supply system furnishing water for human consumption other than a public water supply system; for the watering of livestock, poultry, farm, and domestic animals; or for the irrigation of lands not exceeding an area of two acres;001.02 Within 1000 feet of a public drinking water supply well, unless the applicant furnishes the Department with field-derived data giving estimates of the depth, velocity and flow direction of ground water which support the contention that the facility will not result in ground water contamination and after review, the Department concurs;001.03 In an area or in such a manner that, in the Department's judgment, there is a substantial threat of beneficial use impairment to surface waters of the State as defined in Title 117 (Nebraska Administrative Code) - Nebraska Surface Water Quality Standards;001.04 Where the Department determines that ground water may be contaminated; or001.05 Less than four feet above the seasonal high ground water level. Except, that a facility for an existing animal feeding operation may, with Department approval, be located less than four feet above the seasonal high ground water level, if the design provides for structural stability, a maximum operating depth of six feet, and provisions are made to maintain the facility. In addition, for a facility located at or below the seasonal high ground water level a low permeability liner with saturated hydraulic conductivity of 1x10-7 cm/sec., or less, and at least one foot in thickness or equivalent shall be utilized.130 Neb. Admin. Code, ch. 9, § 001