Livestock Waste Control Program

Overview

The Livestock Waste Control Program administers two types of permitting programs for livestock waste control facilities in Nebraska: The federal National Pollutant Discharge Elimination System (NPDES) permitting program and the state Construction and Operating Permit program. NDEE Livestock program issues individual NPDES permits, as well as coverage under a General NPDES permit.

Permitted Large Concentrated Animal Feeding Operations, and any animal feeding operation with an NPDES permit are required to pay an annual fee by March 1 of each year. (See “Fees” Section). In addition, all NPDES permit holders are required to submit an annual report by March 1 of each year.

Who must apply?

Construction and Operating Permit

Proposed Animal Feeding Operations (AFO) and existing operations planning to expand or construct additional livestock facilities first must request an initial inspection prior to starting construction. After conducting an initial inspection, NDEE may require livestock waste control facilities to be constructed. If so, the AFO must submit an application for a Construction and Operating Permit, accompanied by an application fee of $200.

National Pollutant Discharge Elimination System Permit

After conducting an initial inspection, NDEE will notify the animal feeding operation if a National Pollutant Discharge Elimination System (NPDES) permit must be obtained. Generally, large and medium concentrated animal feeding operations (CAFO) must apply for a NPDES permit if the operation discharges, or intends to discharge, livestock waste into waters of the State. A small AFO must apply for a NPDES permit only if designated as a CAFO by NDEE. A NPDES permit application may be submitted at the same time as an application for a state permit. However, an additional $200 application fee for the NPDES permit must accompany the application.

When to apply?

Construction and Operating Permit

If livestock waste control facilities are required to be constructed or modified, the AFO must submit an application for a Construction & Operating permit by the date specified by NDEE. Construction of the livestock waste control system may not begin until NDEE has issued a Construction and Operating permit, approving the proposed construction.

Upon completion of construction and compliance with other requirements, the operation will notify NDEE, and staff will conduct a post-construction inspection within 30 days. If the livestock waste control facility has been constructed according to the approved application, and no other issues are found, NDEE will notify the operation that it may begin using the livestock waste control facilities. The Construction & Operating Permit does not expire, but must be modified if the operation makes any major modifications or changes ownership.

National Pollutant Discharge Elimination System Permit

Individual and General NPDES permits are issued for a maximum of 5 years. If NDEE requires an operation to obtain a NPDES permit, applications must be submitted at least 180 days before the planned use of the livestock waste control facilities, or before the current permit expires.

Regulations concerning the management of livestock waste by large CAFOs continue to change and evolve. Anyone proposing to start, or expand an existing, large animal feeding operation should contact the NDEE Livestock Program staff for the most current information.

Why apply?

An AFO required to obtain a permit, but operates prior to or without the required permit could face both civil and criminal penalties for violating state laws and regulations. Penalties could include fines up to $10,000 per day and imprisonment.