{"data":{"id":"us-ne/neb.-rev.-stat.-54-2431","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 54-2431","heading":"Neb. Rev. Stat. § 54-2431","body":"(1) For purposes of this section:\n\n(a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the applicant;\n\n(b) Discharge violation means a discharge, found by the department after investigation, notice, and hearing, to have been caused intentionally or negligently by the applicant or permitholder; and\n\n(c) Permitholder means the person who has received a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the permitholder.\n\n(2) Notwithstanding the rules and regulations adopted and promulgated under subdivision (1)(e) of section 54-2435 , the department may reject an application for a new National Pollutant Discharge Elimination System permit, an application for a new construction and operating permit, or an application for a major modification of a National Pollutant Discharge Elimination System permit or a construction and operating permit, and the department may revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that the applicant or permitholder is unsuited to perform the obligations of a permitholder.\n\n(3) The applicant or permitholder shall be determined unsuited to perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that within the past five years the applicant or permitholder:\n\n(a) Has committed three separate and distinct discharge violations at the same animal feeding operation in Nebraska owned or operated by the applicant or permitholder; or\n\n(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.","path":["NE Code","Chapter 54"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=54-2431","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"c3aa458870deab57dabaff7289bdc98def33f4c78f15452909efa3511dd23f2b","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-54-2430","next":"us-ne/neb.-rev.-stat.-54-2432"},"notice":"GroundRules: Original legal text. Not legal advice."}