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Fact Sheet

December 2007

Discharge Permits for Concentrated Animal Feeding Operations, Omaha and Winnebago Reservations, Nebraska

Site Background

National Pollutant Discharge Elimination System (NPDES) permits to discharge wastewater to waters of the United States are issued under Section 402 of the Clean Water Act (CWA), 33 U.S.C. Section 1342, subject to certain effluent limitations and other conditions.

Eight concentrated animal feeding operations (CAFOs) located within the exterior boundaries of the Omaha Tribe of Nebraska Reservation and/or the Winnebago Tribe of Nebraska Reservation applied to EPA for NPDES permits.  Under the CWA regulations, 40 C.F.R. Section 123.1(h), EPA issues permits to facilities discharging in Indian country.

On July 19, 2007, EPA proposed to issue eight draft NPDES permits, and a public comment period was announced and opened for 30 days.  EPA received timely comments and a request for a public hearing.

Tentative Decision

EPA tentatively proposes to issue final NPDES permits to five CAFOs located within the Omaha or Winnebago Indian reservations:  Bruns Feedlot, LLC, Circle T Feedlot, Inc., Morgan Feedlot LLC, Sebade Feedyard, and Stanek

Brothers.  EPA proposes to delay issuance of three draft NPDES permits:  Ron Bruns Feed Yards, Eastplace; Ron Bruns Feed Yards, Homeplace; and LBBJ, Inc.  At a later date, EPA may propose to issue the final NPDES permits for these three CAFOs after deciding on the location of the Omaha Reservation’s western boundary.

Public Hearing December 13

EPA has scheduled a public hearing to solicit comments on a tentative decision to issue five and delay issuance of three draft NPDES permits.

EPA has scheduled the hearing for December 13, 2007, from 6:30 to 8:30 p.m. Central time at the Marina Inn Conference Center, 4th and B Streets, South Sioux City, Nebraska.  Participants will have an opportunity to submit oral or written comments at the hearing.

EPA has extended the public comment period and continues to seek written comments regarding the proposed actions.  Comments must be mailed and date-stamped no later than December 14, 2007.   Send comments to:  Pradip Dalal, P.E., Chief, Waste Water & Infrastructure Management Branch, EPA Region 7, 901 N. Fifth St., Kansas City, KS 66101.

Additional Information

The facilities' administrative records are available at the following locations during normal business hours:

EPA Region 7 Records Center
901 N. Fifth St.
Kansas City, KS 66101  

House Memorial Library
220 Thurston Ave.
Pender, NE 68049 

Neb. Indian Community College Library
1 College Hill Road
Macy, NE 68039  

Little Priest Tribal College Library
601 E. College Drive
Winnebago, NE 68071

Questions or requests for information can be submitted to:

Donna Porter, CAFO Coordinator
Waste Water & Infrastructure Management Branch
EPA Region 7
901 N. Fifth St.
Kansas City, KS 66101
Phone: 913-551-7929
Toll-free: (800) 223-0425
E-mail: porter.donna@epa.gov

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