Everything You Need to Know about the Nebraska SWPPP and NPDES Permit Requirements
- joeyruse
- Jan 30
- 3 min read
Navigating the environmental permitting process is essential for construction operators in Nebraska to remain compliant and avoid project delays. This involves adhering to the Nebraska Department of Environment and Energy (NDEE) regulations, obtaining coverage under the NPDES General Permit, and developing a Stormwater Pollution Prevention Plan (SWPPP). This article provides an overview of SWPPP requirements, NPDES permit compliance, and steps for submitting a Notice of Intent (NOI) to secure stormwater permit coverage in Nebraska.
What is a Stormwater Pollution Prevention Plan (SWPPP)?
A SWPPP is a site-specific document designed to prevent pollutants from contaminating stormwater runoff. Its primary purpose is to mitigate the impact of construction activities on local water resources by addressing erosion, sediment control, and other potential pollutants.
Who Needs a SWPPP in Nebraska?
In Nebraska, construction activities disturbing one acre or more of land must prepare a SWPPP as part of obtaining coverage under the NPDES General Permit for Stormwater Discharges from Construction Activities. Smaller projects that are part of a larger common plan of development disturbing an acre or more are also subject to these requirements.
Projects disturbing less than one acre are generally exempt unless part of a larger common plan.
Key Components of a SWPPP
A compliant SWPPP in Nebraska must include the following elements tailored to the state’s specific environmental needs:
Site Description:
Project location and size: Include details about the site address and total acreage disturbed.
Construction activity description: Outline the nature of the work being performed, including the expected duration of the project.
Identification of pollutant sources: List potential pollutant sources, such as exposed soil, stockpiles, or chemicals stored onsite.
Erosion and Sediment Controls:
Erosion control measures: Specify practices like mulching, temporary seeding, or hydromulching to stabilize soil and prevent erosion.
Sediment control measures: Include details on sediment basins, silt fences, wattles, or inlet protection to trap sediments before they leave the site.
Mapping requirements: Nebraska requires that all erosion and sediment control measures are clearly outlined on a site map with detailed locations.
Good Housekeeping Practices:
Waste management: Define procedures for handling construction debris, recycling materials, and proper disposal of hazardous waste.
Material storage: Establish protocols for safely storing chemicals, fuels, and other potential pollutants to prevent spills.
Spill response plan: Include specific actions to address potential spills, such as using absorbents and ensuring spill kits are readily available onsite.
Inspections and Maintenance:
Inspection schedule: Conduct inspections either once every 7 days (excluding non-business hours) or once every 14 days and within 24 hours of a storm producing 0.25 inches of rain or greater, or the occurrence of runoff from snowmelt sufficient to cause a discharge (excluding nonbusiness hours).
Corrective actions: Document and promptly address any deficiencies in erosion and sediment control measures.
Seasonal considerations: For winter construction, outline additional measures to prevent runoff during snowmelt.
Record Keeping:
Maintain detailed records of:
Inspection reports
Maintenance activities
Corrective actions
Weather data: Log precipitation events and their impact on the site.
NPDES General Permit Requirements in Nebraska
The NPDES General Permit, administered by the NDEE, governs stormwater discharges from construction activities. To comply, operators must:
Develop a SWPPP prior to applying for permit coverage.
Submit a Notice of Intent (NOI) to NDEE.
Implement the SWPPP on-site.
Conduct regular inspections and maintain required documentation.
Submit a Notice of Termination (NOT) upon completion of construction and achieving final stabilization.
Understanding the Notice of Intent (NOI)
The NOI is a formal application to obtain coverage under the NPDES General Permit. Key steps in the NOI process include:
Completing the NOI Form:
Provide project-specific information, including:
Project location
Estimated start and end dates
Receiving waterbodies
Soil type and operator details
CERT Review Letter from the NE Game and Parks Commission
Submitting the NOI:
NOIs can be submitted electronically through the NDEE’s online portal.
Paying the Fee:
Nebraska requires a permit application fee, which varies based on project size. Fees are assessed after NOI approval.
Receiving Permit Coverage:
Once the NOI is reviewed and approved, the NDEE issues confirmation of coverage under the NPDES General Permit. Processing times vary from 3 – 10 business days, barring comments and revisions from the NDEE reviewer.
Compliance and Enforcement
Failure to develop a SWPPP, submit an NOI, or adhere to NPDES requirements can lead to significant penalties, including fines and project delays. Routine audits and inspections by the NDEE help ensure compliance with stormwater regulations.
Final Thoughts
Complying with SWPPP and NPDES permit requirements is vital for protecting Nebraska’s water resources and avoiding costly enforcement actions. By developing a robust SWPPP, submitting the required NOI, and maintaining compliance throughout the project lifecycle, operators can keep their projects on schedule and budget.
Need assistance with the SWPPP or permitting process? Reach out to Eco Permit Pros to check SWPPP off your to-do list!
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