132 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024
Section 132-6-002 - Locational criteria

New solid waste processing facilities and lateral expansions of existing solid waste processing facilities shall be located in accordance with the standards as described in this section. The application shall include documentation verifying that the solid waste processing facility complies with the following.

002.01 The application for a solid waste processing facility shall include a description of the:
002.01A Name of and distance to nearby surface waters; and
002.01B Land use and population density of the proposed facility and of the area surrounding the facility within one mile of the facility boundaries.
002.02 Wetlands

A new solid waste processing facility or lateral expansion shall not be located in wetlands.

002.03 The following locational criteria shall apply only to solid waste compost sites.
002.03A No person shall locate a solid waste compost site within one thousand (1,000) feet from the nearest edge of an existing right-of-way of any state, interstate or federal highway unless the active area is screened by natural objects, plantings, fences, or other appropriate means so as to not be visible from such highway.
002.03B Floodplains. A new solid waste compost site or a lateral expansion of these facilities, shall not be located in a 100-year flood plain.
002.03C A solid waste composting site shall not be located in an area where the Department finds that the solid waste activities will have a detrimental effect on the waters of the state based on the following criteria:
002.03C1 Current and projected use of water resources in the potential zone of influence of the site;
002.03C2 Ground water elevation and proposed separation between the lowest point of the lowest cell and the predicted maximum water table elevation;
002.03C3 Potential interrelationship of the local aquifers, and surface waters based on historical records or other sources of information; and
002.03C4 Background and initial quality of water resources in the potential zone of influence of the site.
002.03D The application shall also include a description of the:
002.03D1 Soil and bedrock to a depth adequate to allow evaluation of the water quality protection provided by the soil and bedrock;
002.03D2 Potential for leachate generation, and of pollution of the waters of the state; and
002.03D3 Ground water condition, including ground water flow below and adjacent to the proposed facility, with an appraisal of the effect of the facility on ground water and surface waters.

132 Neb. Admin. Code, ch. 6, § 002

Amended effective 5/17/2016.