Chapter 13 — CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
530 sections in this chapter.
Neb. Rev. Stat. § 13-2005 Council, defined.
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Council shall mean the Environmental Quality Council.
Neb. Rev. Stat. § 13-2006 County, defined.
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County shall mean any county in the State of Nebraska.
Neb. Rev. Stat. § 13-2007 County solid waste jurisdiction area, defined.
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County solid waste jurisdiction area shall mean all areas of a county not located within the corporate limits of a municipality except a facility which does not serve unincorporated areas of the county.
Neb. Rev. Stat. § 13-2008 Department, defined.
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Department shall mean the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 13-2009 Director, defined.
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Director shall mean the Director of Water, Energy, and Environment.
Transferred to section 77-3113.
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[Repealed or reserved.]
Neb. Rev. Stat. § 13-2010 Facility, defined.
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Facility shall mean any site owned and operated or utilized by any person for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste and shall include a solid waste landfill.
Neb. Rev. Stat. § 13-2011 Integrated solid waste management, defined.
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Integrated solid waste management shall mean solid waste management which is focused on planned development of programs and facilities that reduce waste toxicity and volume, recycle marketable materials, and provide for safe disposal of residuals.
Neb. Rev. Stat. § 13-2012 Municipal solid waste jurisdiction area, defined.
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Municipal solid waste jurisdiction area shall mean all the incorporated areas of a city or of a village.
Neb. Rev. Stat. § 13-2013 Municipality, defined.
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Municipality shall mean any city or village incorporated under the laws of this state.
Neb. Rev. Stat. § 13-2013.01 Passenger tire equivalent of waste tires, defined.
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Passenger tire equivalent of waste tires means twenty pounds of waste tire or processed waste tire.
Neb. Rev. Stat. § 13-2013.02 Scrap tire or waste tire, defined.
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Scrap tire or waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
Neb. Rev. Stat. § 13-2014 Solid waste, defined.
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Solid waste shall have the definition found in section 81-1502.
Neb. Rev. Stat. § 13-2015 Solid waste management plan, defined.
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Solid waste management plan shall mean a plan adopted by a county or municipality, including a joint plan adopted by an agency, for integrated solid waste management.
Neb. Rev. Stat. § 13-2016 System, defined.
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System shall mean any equipment, vehicles, facilities, personnel, or contractors utilized for the purpose of collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste.
Neb. Rev. Stat. § 13-2016.01 Yard waste, defined.
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Yard waste shall mean grass and leaves.
Neb. Rev. Stat. § 13-2017 Policy of the state.
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It is the policy of this state: (1) To encourage the development of integrated solid waste management programs, including waste volume reduction and recycling programs and education, at the local governmental level through incentives, technical assistance, grants, and other pract…
Neb. Rev. Stat. § 13-2018 Solid waste management hierarchy; established; cooperative program; established.
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(1) An effective and efficient program of integrated solid waste management protects the environment and the public and provides the most practical and beneficial use of the solid waste material. While recognizing the continuing necessity for the existence of landfills, alternati…
Neb. Rev. Stat. § 13-2019 Tribal governments; assume responsibility for integrated solid waste management; department; duties.
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Because of the rights of both tribal sovereignty and Nebraska citizenship of individuals under the jurisdiction of federally recognized tribal governments, such tribal governments are recognized as localities which can assume responsibility for integrated solid waste management. …
Transferred to section 77-3114.
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[Repealed or reserved.]
Neb. Rev. Stat. § 13-2020 County, municipality, or agency; provide or contract for disposal of solid waste; joint ownership of facility; governing body; powers and duties; rates and charges.
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(1) Effective October 1, 1993, each county and municipality shall provide or contract for facilities and systems as necessary for the safe and sanitary disposal of solid waste generated within its solid waste jurisdiction area. Such disposal shall comply with rules and regulation…
Neb. Rev. Stat. § 13-2020.01 Imposition of lien for nonpayment of rates and charges; vote required.
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(1) For purposes of this section, elected official means a mayor or a member of a city council, village board of trustees, or county board. (2) Beginning August 1, 2008, only elected officials who are members or alternate members of the governing body of a joint entity or joint p…
Neb. Rev. Stat. § 13-2021 County, municipality, or agency; facility or system; powers and duties; referendum and limited referendum provisions; applicability.
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A county, municipality, or agency may purchase, plan, develop, construct, equip, maintain, and improve facilities and systems and may lease or acquire land in fee by gift, grant, purchase, or condemnation as necessary for the construction and operation of a facility or system. A …
Neb. Rev. Stat. § 13-2022 County, municipality, or agency; closure of facility, postclosure care, and investigative and corrective action; powers and duties; tax; special trust funds.
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A county, municipality, or agency shall close a facility, provide postclosure care, and undertake investigative and corrective action in accordance with rules and regulations adopted by the council. The costs associated with or reasonably anticipated for such closure, postclosure…
Neb. Rev. Stat. § 13-2023 County, municipality, or agency; regulations authorized; limitations; noncompliance fee; regulation of containers; prohibited; exceptions.
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(1) A county, municipality, or agency may, by ordinance or resolution, adopt regulations governing collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste within its solid waste jurisdiction area as necessary to protect…
Neb. Rev. Stat. § 13-2024 County or municipality; service agreement with agency; authorized provisions; special tax authorized.
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Notwithstanding any other provision of Nebraska law, any county or municipality may enter into a service agreement with an agency which owns and operates or proposes to own and operate any solid waste management facility or system for obtaining solid waste management services fro…
Neb. Rev. Stat. § 13-2025 County, municipality, or agency; service agreement; fees and charges; amount.
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Any county, municipality, or agency entering into any service agreement under section 13-2024 shall fix, maintain, revise, and collect fees, rates, rents, and charges for functions, services, facilities, or commodities furnished to its customers and users by and through its syste…
Neb. Rev. Stat. § 13-2025.01 Joint entity or joint public agency; reporting of budget; filing required.
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Any joint entity or joint public agency created to fulfill the purposes of the Integrated Solid Waste Management Act pursuant to the Interlocal Cooperation Act or Joint Public Agency Act shall comply with the Municipal Proprietary Function Act for purposes of reporting its budget…
Neb. Rev. Stat. § 13-2026 Municipalities, counties, and agencies; regulate solid waste management; when.
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In furtherance of the policy of the state as set forth in the Integrated Solid Waste Management Act, municipalities, counties, and agencies may by ordinance or resolution adopt rules and regulations or may adopt bylaws or enter into written agreements between and among themselves…
Neb. Rev. Stat. § 13-2027 Municipalities, counties, and agencies; regulation of competition and antitrust; exemption.
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In exercising the powers granted in the Integrated Solid Waste Management Act, municipalities, counties, and agencies shall be exempt from all rules and regulations of state regulatory competition. It is intended that municipalities, counties, or agencies carrying out the activit…
Neb. Rev. Stat. § 13-2028 Exemption; limitation.
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The exemption granted under section 13-2027 shall not constitute a waiver of or exemption from the bidding provisions of sections 16-321 and 17-568.01 or any other similar provision.
Neb. Rev. Stat. § 13-2029 Counties and municipalities; statement of intent; filings; failure to file; effect.
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On or before October 1, 1992, each county and municipality shall file a statement of intent with the department describing the way in which it intends to fulfill its responsibility for integrated solid waste management. If a municipality or county intends to enter into a cooperat…
Transferred to section 77-3115.
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[Repealed or reserved.]
Neb. Rev. Stat. § 13-2030 Counties and municipalities; certification of facility and system capacity; filing required; department; approval; restrict access to facilities and systems; when.
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On or before October 1, 1993, a certification shall be filed with the department on behalf of each county and municipality with respect to (1) facility and system capacity for solid waste management for the solid waste generated within each solid waste jurisdiction area and (2) f…
Neb. Rev. Stat. § 13-2031 Integrated solid waste management plan; filing; approval.
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On or before October 1, 1994, an integrated solid waste management plan shall be filed with the department on behalf of each county and municipality. Such plan shall be approved by the department if it is found to be in compliance with the Integrated Solid Waste Management Act an…
Neb. Rev. Stat. § 13-2032 Integrated solid waste management plan; minimum requirements; waste reduction and recycling program; priorities; updated plan.
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(1) Each integrated solid waste management plan filed pursuant to section 13-2031 shall at a minimum: (a) Certify facility and system capacity for solid waste management for the solid waste generated within each solid waste jurisdiction area for the twenty years following October…
Neb. Rev. Stat. § 13-2033 Dumping or depositing solid waste; permit; council; powers and duties; exemptions; storage of passenger tire equivalents of waste tires; access to property.
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(1) Except as provided in subsections (2) and (3) of this section, no person shall dump or deposit any solid waste at any place other than a landfill approved by the director unless the department has granted a permit which allows the dumping or depositing of solid waste at any o…
Neb. Rev. Stat. § 13-2034 Rules and regulations.
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The council shall adopt and promulgate rules and regulations which shall include the following: (1) A permit program for facilities providing for permits to be issued to owners and operators; (2) Requirements for the collection, source separation, storage, transportation, transfe…
Neb. Rev. Stat. § 13-2035 Applicant for facility permit; exemption from siting approval requirements; when; application; contents.
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Any applicant who applies to the department for a permit for a facility pursuant to the Integrated Solid Waste Management Act shall be exempt from the siting approval requirements of sections 13-1701 to 13-1714 if a county, municipality, or agency is to be the owner of the facili…
Neb. Rev. Stat. § 13-2036 Applications for permits; contents; department; powers and duties; contested cases; variance; minor modification; how treated.
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(1) The department shall review applications for permits for facilities and provide for the issuance, modification, suspension, denial, or revocation of permits after public notice. Applications shall be on forms provided by the department which solicit information necessary to m…
Neb. Rev. Stat. § 13-2037 Comprehensive state plan for solid waste management; department; duties; rules and regulations; requirements; approval of state plan.
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(1) The department shall keep current the comprehensive state plan for solid waste management developed pursuant to section 81-15,166, including the rules, regulations, and guidelines adopted by the council for facilities in cooperation with local governments and with agencies. (…
Neb. Rev. Stat. § 13-2038 Definition of certain solid wastes; council; adopt rules and regulations.
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The council shall adopt and promulgate rules and regulations which define lead-acid batteries, discarded household appliances, waste oil, and unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the Environmental Protection …
Neb. Rev. Stat. § 13-2039 Land disposal of certain solid wastes; prohibited; when; exceptions.
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(1)(a) A landfill may accept yard waste without condition from December 1 through March 31 of each year. (b) A landfill may accept yard waste year-round if such yard waste: (i) Will be used for the production and recovery of methane gas for use as fuel (A) with the approval of th…
Transferred to section 77-3116.
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[Repealed or reserved.]
Neb. Rev. Stat. § 13-2040 Licenses issued under prior law; department review; expiration; permits issued under act; expiration.
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The department shall review all licenses for solid waste management facilities which were issued under the Environmental Protection Act prior to July 15, 1992, and which expire after October 1, 1993, to determine whether the licensee is in compliance with the requirements of the …
Neb. Rev. Stat. § 13-2041 Integrated Solid Waste Management Cash Fund; created; use; investment; application fee schedule; council; establish; permitholder; annual fee.
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There is hereby created the Integrated Solid Waste Management Cash Fund. All fees collected by the department pursuant to this section, fees collected pursuant to subdivision (13)(c) of section 81-1505, fees designated pursuant to section 13-2042, or money forfeited under subsect…
Neb. Rev. Stat. § 13-2042 Landfill disposal fee; payment; interest; use; grants; department; powers; council; duties.
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(1) A disposal fee of two dollars and thirty-four cents is imposed for each six cubic yards of uncompacted solid waste, two dollars and thirty-four cents for each three cubic yards of compacted solid waste, or two dollars and thirty-four cents per ton of solid waste (a) disposed …
Neb. Rev. Stat. § 13-2042.01 Landfill disposal fee; rebate to municipality or county; application; Department of Water, Energy, and Environment; materiel division of Department of Administrative Services; municipality; county; duties; suspension or denial of rebate; appeal; rules and regulations.
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(1) The department shall rebate to the municipality or county of origin ten cents of the disposal fee required by section 13-2042 for solid waste disposed of at landfills regulated by the department or transported for disposal out of state from a solid waste processing facility h…
Neb. Rev. Stat. § 13-2043 Construction of act.
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Nothing in the Integrated Solid Waste Management Act shall be construed to apply to any operations or activities regulated by the Nebraska Oil and Gas Conservation Commission or to operations or activities regulated under subsection (10) of section 81-1505.
Transferred to section 77-3117.
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[Repealed or reserved.]