Nebraska administers the federal stormwater NPDES program through the Department of Environment and Energy. State permits set uniform construction and municipal separate storm sewer system standards that apply alongside any local stormwater ordinances.
Under Neb. Rev. Stat. sections 81-1501 through 81-1533, the Nebraska Department of Environment and Energy is the delegated authority for the National Pollutant Discharge Elimination System, including construction stormwater general permits and Municipal Separate Storm Sewer System permits. Construction sites disturbing one or more acres must file a Notice of Intent and implement a Stormwater Pollution Prevention Plan with erosion and sediment controls. Permitted MS4 cities must adopt minimum control measures including illicit discharge detection, public education, and post-construction runoff controls. Local stormwater ordinances may be more stringent but cannot waive NPDES coverage or replace state-issued permits.
Discharging without a permit or violating SWPPP requirements may result in NDEE administrative orders, civil penalties up to $10,000 per day, and federal enforcement under the Clean Water Act.
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