132 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024
Section 132-2-006 - Permit Procedure

Solid Waste Management Facility. A person desiring a permit to operate a facility shall apply to the Department. The application shall be made part of the operating record. In the case of a solid waste disposal area, the required facility specifications shall be prepared by a professional engineer registered to practice in the State of Nebraska. Only those portions of the application for a construction and demolition waste disposal area which are specified in Chapter 5 shall be prepared by a professional engineer registered to practice in the State of Nebraska.

006.01 Contents of Application

All applicants for permits shall provide information set forth in these regulations, where applicable, and any additional information requested by the Department. Each application shall contain a certification that any information submitted is true, accurate, and complete. Each application shall include the following information at a minimum and shall include the non-refundable fee required by Chapter 9:

006.01A The activity or operation proposed by the applicant which requires a permit and a brief description of the nature of the applicant's business;
006.01B The owner and operator's name(s), address(es), telephone number(s), ownership status, and status as a federal, state, private, public, or other entity;
006.01C The legal description of the facility, and in the case of a solid waste disposal area, the legal description of the site boundaries;
006.01D The signatures required by 006.03 of this chapter;
006.01E Supporting documentation to the effect that a solid waste management facility is in compliance with the locational, construction/design, groundwater monitoring, and financial assurance requirements of these regulations;
006.01F An operational plan, and closure and post-closure plans prepared pursuant to these regulations;
006.01G Information demonstrating that the facility or operation will comply with all applicable requirements as well as ensure protection of public health and the environment; and
006.01H Documentation of local approval required by Neb.Rev.Stat. § 13-1701 to § 13-1714 or Neb.Rev.Stat. § 13-2035, whichever is applicable.
006.02 Signatures: Applications

All permit applications and any supplemental application material submitted to the Department, as required by Section 001, shall be signed:

006.02A In the case of a corporation, by a principal executive officer of at least the level of vice-president;
006.02B In the case of a partnership or sole proprietorship, by a general partner or the sole proprietor, respectively; and
006.02C In the case of a municipal, state, federal, or other public facility, by either a principal executive officer or ranking elected official.
006.03 Additional Information Requests

Once an application has been received, the Department shall determine whether the application is administratively complete. The Department shall not issue a permit before receiving an administratively complete application, except for emergency permits.

006.03A If the application is not administratively complete, the Department shall notify the applicant of the information necessary to complete the application and retain the application submitted pending receipt of such additional information.
006.03A1 If such additional information is not received within one-hundred and eighty (180) days of the date of the Department notification, the application will be considered abandoned, and will not be reviewed further by the Department.
006.03B After all the necessary information has been received by the Department and the application is determined to be administratively complete, the Department shall issue public notice of its' intent to grant or deny an application for a permit within sixty (60) days.
006.03C An applicant shall not commence construction of a facility until the Department provides written notification that all requirements have been satisfied and further notifying such applicant that he or she may commence construction.
006.03C1 An applicant shall commence construction within eighteen (18) months after issuance of Departmental approval for commencement of construction.

132 Neb. Admin. Code, ch. 2, § 006

Amended effective 5/17/2016.