81-1506.
Unlawful acts.
(1) It
shall be unlawful for any person:
(a) To
cause pollution of any air, waters, or land of the state or to place or cause
to be placed any wastes in a location where they are likely to cause pollution
of any air, waters, or land of the state; or
(b) To
discharge or emit any wastes into any air, waters, or land of the state which
reduce the quality of such air, waters, or land below the air, water, or land
quality standards established therefor by the council. Any such action is
hereby declared to be a public nuisance. An animal feeding operation is not a
nuisance if:
(i)
Reasonable techniques are employed to keep dust, noise, insects, and odor at a
minimum;
(ii) It
is in compliance with applicable regulations adopted by the council and zoning
regulations of the local governing body having jurisdiction; and
(iii)
The action is brought by or on behalf of a person whose date of lawful
possession of the land claimed to be affected by an animal feeding operation is
subsequent to the issuance of an appropriate permit by the department for such
operation or is subsequent to the operation of the feedlot and an onsite
inspection by the department is made, before or after filing of the suit, and
the inspection reveals that no permit is required for such operation.
(2) It
shall be unlawful for any person to:
(a)
Discharge any pollutant into waters of the state without obtaining a permit as
required by the National Pollutant Discharge Elimination System created by the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq., and by rules and
regulations adopted and promulgated pursuant to section 81-1505;
(b)
Construct, install, modify, or operate any disposal system or part thereof or
any extension or addition thereto without obtaining necessary permits from the
department;
(c)
Increase in volume or strength any waste in excess of permitted discharges
specified under any existing permit;
(d)
Construct, install, or operate any industrial, commercial, or other facility or
extend, modify, or add to any such facility if the operation would cause an
increase in the discharge or emission of wastes into the air, waters, or land
of the state or would otherwise cause an alteration of the physical, chemical,
or biological properties of any air, waters, or land of the state in a manner
that is not lawfully authorized; or
(e)
Construct or use any new outlet for the discharge or emission of any wastes
into the air, waters, or land of the state without the necessary permit.
(3) It
shall be unlawful for any person to:
(a)
Construct or operate a solid waste management facility without first obtaining
a permit required under the Environmental Protection Act or under the
Integrated Solid Waste Management Act and the rules and regulations adopted and
promulgated by the council pursuant to the acts;
(b)
Violate any term or condition of a solid waste management facility permit;
(c) Violate
any rule or regulation adopted and promulgated by the council pursuant to the
Environmental Protection Act or the Integrated Solid Waste Management Act; or
(d)
After October 1, 1993, dispose of any solid waste at any location other than a
solid waste management facility holding a current permit issued by the
department pursuant to the Integrated Solid Waste Management Act.
(4) It
shall be unlawful to:
(a)
Construct or operate an air pollution source without first obtaining a permit
required under the Environmental Protection Act and the rules and regulations
adopted and promulgated by the council pursuant to subsection (12) of section 81-1505;
(b)
Violate any term or condition of an air pollution permit or any emission limit
set in the permit; or
(c)
Violate any emission limit or air quality standard established by the council.
(5) It
shall be unlawful for any person to:
(a)
Construct or operate an animal feeding operation without first obtaining a
permit if required under the Livestock Waste Management Act or under the
Environmental Protection Act and the rules and regulations adopted and
promulgated by the council pursuant to such acts;
(b)
Violate any provision of the Livestock Waste Management Act;
(c)
Violate any term or condition of an animal feeding operation permit; or
(d)
Violate any rule or regulation adopted and promulgated by the council pursuant
to the Environmental Protection Act or the Livestock Waste Management Act.
(6)
Nothing in this section shall be construed to authorize the department to
specify the type, design, method of installation, or type of construction of
any equipment of manufacturing processes.