Chapter 13, CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
491 sections in this chapter.
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. …
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…
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…
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.
Neb. Rev. Stat. § 13-2101 Legislative findings.
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The Legislature finds that: (1) There exist in this state distressed areas where unemployment is higher than the state or national average, where poverty levels are higher than the state or national average, where the population is declining, where property is being abandoned, an…
Neb. Rev. Stat. § 13-2101.01 Act, how cited.
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Sections 13-2101 to 13-2112 shall be known and may be cited as the Enterprise Zone Act.
Neb. Rev. Stat. § 13-2102 Terms, defined.
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For purposes of the Enterprise Zone Act: (1) Census shall mean the federal decennial census; (2) Department shall mean the Department of Economic Development; (3) Economic distress shall mean conditions of unemployment, poverty, and declining population existing within the area o…
Neb. Rev. Stat. § 13-2103 Designation; application; requirements; limitation; term.
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(1)(a) Beginning on December 1, 2014, the department shall, for a period of one hundred eighty days, accept formal applications for the designation of enterprise zones. Within sixty days after the end of such application period, the department may designate not more than five are…
Neb. Rev. Stat. § 13-2104 Application; contents.
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An application for designation of an area as an enterprise zone shall contain at least the following: (1) A description of the geographic location of the proposed zone; (2) Documentation that the area of the proposed enterprise zone represents the area with the greatest level of …
Neb. Rev. Stat. § 13-2105 State government interagency response team.
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The Governor shall provide a state government interagency response team to work with local governments and enterprise zone associations on effective ways to use new and existing resources from all levels of government to improve development capacity in enterprise zones and accomp…
Neb. Rev. Stat. § 13-2106 City council, village board, county board, or tribal government; resolution to establish zone.
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A city council, village board, county board, or tribal government may propose the creation of one or more enterprise zones by adopting a resolution of intention to establish a zone or zones. The resolution shall contain a description of the boundaries of the zone or zones, the ti…
Neb. Rev. Stat. § 13-2107 Public hearing; notice.
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Any city council, village board, county board, or tribal government proposing to create an enterprise zone or zones shall hold a public hearing on the question. A notice of the hearing shall be given by one publication of the resolution of intention in a newspaper of general circ…
Neb. Rev. Stat. § 13-2108 City council, village board, county board, or tribal government; vote to make formal application.
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Following the public hearing held pursuant to section 13-2107, the city council, village board, county board, or tribal government may vote to make formal application to the department for the creation of an enterprise zone or zones and take any additional appropriate action with…
Neb. Rev. Stat. § 13-2109 Enterprise zone association; board; membership; vacancies; powers and duties; dissolution.
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(1) There shall be created an enterprise zone association within each proposed enterprise zone upon the decision by the political subdivision to submit an enterprise zone application. Such enterprise zone association shall be governed by an enterprise zone association board which…
Neb. Rev. Stat. § 13-2110 Enterprise zone association; powers and duties.
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(1) An enterprise zone association created pursuant to section 13-2109 shall: (a) Approve the application to be submitted by the political subdivision to the department for enterprise zone designation; (b) Promote the enterprise zone to outside groups and individuals; (c) Establi…
Neb. Rev. Stat. § 13-2111 Political subdivision; remove, reduce, or simplify certain resolutions, regulations, or ordinances; when.
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In order to accomplish the purposes of the Enterprise Zone Act, any political subdivision may remove, reduce, or simplify, in whole or in part, the provisions of any resolution, regulation, or ordinance relating to fees or administrative or procedural requirements as they relate …
Neb. Rev. Stat. § 13-2112 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Enterprise Zone Act.
Neb. Rev. Stat. § 13-2201 Act, how cited.
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Sections 13-2201 to 13-2204 shall be known and may be cited as the Local Government Miscellaneous Expenditure Act.
Neb. Rev. Stat. § 13-2202 Terms, defined.
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For purposes of the Local Government Miscellaneous Expenditure Act: (1) Elected and appointed officials and employees shall mean the elected and appointed officials and employees of any local government; (2) Governing body shall mean, in the case of a city of any class, the city …
Neb. Rev. Stat. § 13-2203 Additional expenditures; governing body; powers; procedures.
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In addition to other expenditures authorized by law, each governing body may approve: (1)(a) The expenditure of public funds for the payment or reimbursement of actual and necessary expenses incurred by elected and appointed officials, employees, or volunteers at educational work…
Neb. Rev. Stat. § 13-2204 Expenditures; limitations; exception.
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Nothing in the Local Government Miscellaneous Expenditure Act shall authorize the expenditure of public funds to pay for any expenses incurred by a spouse of an elected or appointed official, employee, or volunteer unless the spouse is also an elected or appointed official, emplo…
Neb. Rev. Stat. § 13-2401 Transfer between political subdivisions; rights of employee; transferring and receiving entities; powers and duties.
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(1) For purposes of this section: (a) Political subdivision includes villages, cities of all classes, counties, municipal counties, school districts, and all other units of local government, including entities created pursuant to the Interlocal Cooperation Act or Joint Public Age…
Neb. Rev. Stat. § 13-2402 Political subdivision with defined benefit plan; notification required; actuarial experience study; valuation report; filing; report required; when; contents; failure to file; audit; costs.
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(1) On or before November 1, 2014, each political subdivision which offers a defined benefit plan pursuant to section 401(a) of the Internal Revenue Code which was open to new members on or after January 1, 2004, shall submit written notification to the Nebraska Retirement System…
Neb. Rev. Stat. § 13-2501 Act, how cited.
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Sections 13-2501 to 13-2550 shall be known and may be cited as the Joint Public Agency Act.
Neb. Rev. Stat. § 13-2502 Purpose of act.
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It is the purpose of the Joint Public Agency Act to permit local governmental units to make the most efficient use of their taxing authority and other powers by enabling them to cooperate with other governmental units on a basis of mutual advantage and thereby to provide services…