An owner or operator of a concentrated animal feeding operation that discharges is required to obtain an NPDES permit. The owner or operator of a concentrated animal feeding operation which is required to obtain an NPDES permit shall apply for an individual NPDES permit or submit a request for coverage under a general NPDES permit. The owner or operator shall obtain coverage according to the following schedule:
001.01 An operation that was already defined as a concentrated animal feeding operation prior to April 14, 2003, was required to comply by April 14, 2003;001.02 For an operation defined as a concentrated animal feeding operation as of April 14, 2003, that was not defined as a concentrated animal feeding operation prior to that date, including previously exempted or totally housed animal feeding operations, by a date specified by the Director or, if no date has been specified, by February 27, 2009;001.03 For an operation that became defined as a concentrated animal feeding operation but is not a new source:001.03A No less than 180 days prior to the time the operation commences operation for newly constructed operations not subject to effluent limitation guidelines; or001.03B As soon as possible, but no later than 90 days after becoming defined as a concentrated animal feeding operation for other operations, except that the schedule is by February 27, 2009, or 90 days after becoming defined as a concentrated animal feeding operation, whichever is later, if an operational change that makes the operation a concentrated animal feeding operation would not have made it one prior to April 14, 2003.001.04 For new sources, including any existing animal feeding operation which will be defined as a concentrated animal feeding operation following an expansion or the owner of any new concentrated animal feeding operation, at least 180 days prior to the time the concentrated animal feeding operation commences operation unless permission for a later date has been granted by the Director; or001.05 For operations that are designated concentrated animal feeding operations, no later than 90 days after receiving notice of designation.130 Neb. Admin. Code, ch. 5, § 001