2006 Nebraska Revised Statutes - § 54-2431 — Applications; rejection; when; disciplinary actions.
Section 54-2431Applications; rejection; when; disciplinary actions.
(1) The department shall reject an application for a National Pollutant Discharge Elimination System permit, construction and operating permit, or major modification or revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit upon a finding that the applicant or permittee is unsuited to perform the obligations of a permitholder.
(2) The applicant or permittee shall be determined unsuited to perform the obligations of a permitholder if the department finds that within the past five years the applicant or permittee:
(a) Has allowed three discharges to waters of the state at any facility in Nebraska owned or operated by the applicant unless the discharge is in compliance with National Pollutant Discharge Elimination System permit conditions, if applicable, and rules and regulations adopted and promulgated under the Livestock Waste Management Act and the department was notified in accordance with the rules and regulations; or
(b) Has a criminal conviction for a violation of section 81-1506 or a felony criminal conviction for violation of the environmental law in any jurisdiction.
Source:
- Laws 2004, LB 916, § 20
Laws 2006, LB 975, § 12.
~ Revised Statutes Cumulative Supplement, 2006
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