Nebraska Construction Stormwater and Erosion Control Permit Rules

Under the Nebraska Environmental Protection Act, section 81-1506(2)(a) prohibits discharging any pollutant into waters of the state without a permit issued under the National Pollutant Discharge Elimination System. The Nebraska Department of Environment and Energy administers this through its Construction Storm Water general permit (NER210000). Land-disturbing activity of one acre or more, or smaller sites within a common plan of development, must file a Notice of Intent with the department at least seven days before clearing and grading, and maintain a Storm Water Pollution Prevention Plan detailing silt fences, sediment traps, seeding, and stabilization measures to keep sediment out of downstream waters.

Discharging construction stormwater without permit coverage, or failing to implement the required pollution prevention plan, violates section 81-1506. Under section 81-1508.02 a court may impose civil penalties of up to ten thousand dollars per day of violation.