For large concentrated animal feeding operations, manure, litter, and process wastewater may not be stockpiled or applied closer than 100 feet to any down-gradient surface waters, open tile line intake structures, well heads, or other conduits to surface or ground water, except that one of the following two compliance alternatives may be substituted for the application setback requirement:
007.01 A 35-foot-wide vegetated buffer where the application of manure, litter, or process wastewater is prohibited. For the purposes of these regulations vegetated buffer means a permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching waters of the state; or007.02 A satisfactory demonstration that a setback or buffer is not necessary because implementation of alternative conservation practices will provide pollutant reductions equal to or better than reductions that would be achieved by the 100-foot setback.130 Neb. Admin. Code, ch. 9, § 007