Section 132-2-007 - General Conditions The Department shall impose such conditions in a permit as may be necessary to accomplish the purposes of applicable laws and these regulations, and as may be necessary to ensure compliance with applicable laws, regulations, and standards. The following conditions apply to all permits.
007.01 Permits for a solid waste disposal area shall expire not more than five (5) years following the date of issuance as determined by the Department. Permits for solid waste processing facilities shall expire not more than ten (10) years following the date of issuance as determined by the Department. Permits may be renewed according to the provisions of Section 012 of this chapter.007.02 A permittee shall meet any compliance schedule imposed under its permit and shall fulfill all reporting requirements of the permit.007.03 The permittee shall maintain an operating record at the facility location or in an alternate location approved by the Department. The Director can set alternative schedules as deemed necessary for recordkeeping and notification requirements except for the notification requirements in Chapter 7, Section 005.07D. The operating record shall contain all information required by these regulations including: 007.03A Any location restriction demonstration required by this Title;007.03B Inspection records, training procedures, training documentation, and notification procedures required under Chapter 3, Section 004.06 and Chapter 6, Section 004.05.007.03C Gas monitoring results from monitoring and any remediation plans required under Chapter 3, Section 004.17C;007.03D Any municipal solid waste landfill facility unit design documentation for placement of leachate or gas condensate in a municipal solid waste landfill facility unit as required under Chapter 3, Section 004.10;007.03E Any demonstration, certification, finding, monitoring, testing, or analytical data required by Chapter 7;007.03F Closure and post-closure care plans and any monitoring, testing, or analytical data as required by this Title;007.03G Any cost estimates and financial assurance documentation required by Chapter 8;007.03H Any information demonstrating compliance with the small landfill partial exemption under Chapter 3, Section 003.06; and007.03I Permit application and facility operating permit.007.04 The permittee shall notify the Department when the records described in 007.03 have been placed in or added to the operating record. Such notification may be one-time through the permit application process unless specifically required by these regulations or the Department. 007.04A The permittee shall notify the NDEQ, within five (5) working days of any planned or unplanned changes in the permitted facility or activities, which may result in noncompliance with permit requirements or the application. A written submission shall also be provided within ten (10) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period(s) of noncompliance, including exact dates and times; whether the noncompliance has been corrected, and if not, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. If requested, NDEQ may waive the ten (10) days written notice requirement in favor of a written report within thirty (30) days.007.05 For purposes of gas monitoring, required by Chapter 3, and ground water monitoring, required by Chapter 7, monitoring results shall be received by the Department within thirty (30) days of the end of each calendar quarter, along with copies of all required monitoring results.007.06 The permittee shall furnish to the Department any information contained in the operating record upon request, or make the operating record available to the Department for inspection at all reasonable times.007.07 A permittee shall retain all operating records for solid waste disposal areas until the end of the post-closure care period. A Permittee shall retain all operating records for solid waste processing facilities until the existing permit is renewed.007.08 The contents of the application for all solid waste management facilities shall, upon permit issuance, become a condition of such permit.007.09 A permittee shall allow full access to existing and available facility records, and shall allow Department inspectors entry and access, during reasonable hours, to any building, area, or place, for inspection purposes (except a building designed for and used exclusively as a private residence).007.10 Any reports or correspondence relating to a permit may be signed by a duly authorized representative of the persons described in 006.032A to 006.032C of this chapter if: such representative is responsible for the overall operation of the activity or operation; the authorization is made in writing by the person designated in paragraphs 006.02A to 006.02C of this chapter; and the written authorization is submitted to the Department. 007.10A Any change in an authorization meeting the requirements of 007.10 of this chapter shall be submitted to the Department in writing prior to or together with any report to be signed by an authorized representative.132 Neb. Admin. Code, ch. 2, § 007
Amended effective 5/17/2016.