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430 sections in this chapter.
Neb. Rev. Stat. § 54-201 Agister's lien; domestic and foreign; perfection; financing statement; filing; enforcement; fee.
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(1) When any person, firm, corporation, partnership, or limited liability company not provided for in subsection (2) of this section procures, contracts with, or hires any other person, firm, corporation, partnership, or limited liability company to feed and take care of any kind…
Neb. Rev. Stat. § 54-201.01 Legislative intent.
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The Legislature hereby recognizes and declares that the livestock industry is an integral component in the economy of this state and that the continued viability of such industry is essential to the prosperity and well-being of all citizens of this state. The Legislature further …
Neb. Rev. Stat. § 54-208 Lien for feed, feed ingredients, and related costs; perfection; financing statement; filing; enforcement; fee.
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When any person, firm, partnership, limited liability company, or corporation contracts or agrees with another person, firm, partnership, limited liability company, or corporation to deliver any feed or feed ingredients for any kind of livestock, the person, firm, partnership, li…
Neb. Rev. Stat. § 54-209 Lien satisfied; financing statement; termination.
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When a lien created under section 54-201 or 54-208 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 54-2302 Act, how cited.
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Sections 54-2302 to 54-2324 shall be known and may be cited as the Domesticated Cervine Animal Act.
Neb. Rev. Stat. § 54-2303 Legislative findings.
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The Legislature finds and declares that the production of domesticated cervine animals contributes to the strength of the economy of this state. The Legislature further declares that the Department of Agriculture under the powers and duties provided by law for the protection of t…
Neb. Rev. Stat. § 54-2304 Terms, defined.
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For purposes of the Domesticated Cervine Animal Act, unless the context otherwise requires: (1) Commission means the Game and Parks Commission or its authorized agent; (2) Department means the Department of Agriculture or its authorized agent; (3) Director means the Director of A…
Neb. Rev. Stat. § 54-2305 Domesticated cervine animal facility permit required; when.
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On and after January 1, 2000, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been is…
Neb. Rev. Stat. § 54-2306 Permit; application; fee; administrative fee; expiration of permit.
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(1) On and after August 1, 1999, any person required to obtain a permit under section 54-2305 shall file an application with the department in the manner established by the department. Such application shall include: (a) The name, residence, and place of business of the applicant…
Neb. Rev. Stat. § 54-2307 Denial of permit; when.
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The department may deny a domesticated cervine animal facility permit to an applicant who is or has been convicted of violating the laws or regulations of this state or any other state pertaining to domesticated cervine animals or has knowingly committed or participated in the vi…
Neb. Rev. Stat. § 54-2308 Permit; conditions; inspection of facility; fee.
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(1) No person shall be issued a domesticated cervine animal facility permit under section 54-2305 without proof of initial inspection and approval of the minimum construction requirements established under this section. (2) The department shall inspect and approve or disapprove: …
Neb. Rev. Stat. § 54-2309 Permitholder; reports.
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The department may require, by general or special order, a permitholder under the Domesticated Cervine Animal Act to file with the department, on such forms as prescribed, regular or special reports or answers, in writing, to specific questions for the purpose of furnishing infor…
Neb. Rev. Stat. § 54-2310 Permitholder; duties; probation; suspension; revocation; procedure; reinstatement.
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(1) A permitholder under the Domesticated Cervine Animal Act shall comply with the act, the rules and regulations adopted and promulgated pursuant thereto, and any order of the director issued pursuant thereto. The permitholder shall not interfere with the department in the perfo…
Neb. Rev. Stat. § 54-2311 Notice or order; service; hearing; procedure; appeal.
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(1) Any notice or order under the Domesticated Cervine Animal Act shall be personally served on the permitholder or on the person authorized by the permitholder to receive notices and orders of the department or shall be sent by certified mail, return receipt requested, to the la…
Neb. Rev. Stat. § 54-2312 Animal identification.
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A domesticated cervine animal, or any part thereof, shall be appropriately marked for proof of ownership according to rules and regulations adopted by the department. The department shall adopt and promulgate rules and regulations specifying the acceptable forms of domesticated c…
Neb. Rev. Stat. § 54-2313 Luring or enticement of wildlife prohibited.
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The luring or enticement of wildlife into a permitted domesticated cervine animal facility for the purpose of containing such wildlife is cause for permit suspension under section 54-2310 and shall be considered a violation of section 37-479. Any permitholder under the Domesticat…
Neb. Rev. Stat. § 54-2314 Quarantine; department; powers.
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(1) In order to prevent, suppress, control, and eradicate dangerous transmissible diseases among the domesticated cervine animals of this state, the department may place in quarantine any county, or part of any county, any private premises, or any private or public stockyards and…
Neb. Rev. Stat. § 54-2315 Cost of testing.
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When testing of domesticated cervine animals is performed pursuant to an order by the department, the owners of such animals are responsible for the cost of gathering, confining, restraining, and testing such animals and for providing the necessary facilities and assistance.
Neb. Rev. Stat. § 54-2316 Escape; recapture or destroy animal.
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(1) Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of the escape of any such animals, notify the department, which shall immediately notify the commission, of such escape. (2) It is the responsibility of the permitho…
Neb. Rev. Stat. § 54-2317 Wild cervidae; duties upon discovery.
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Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of wild cervidae in a domesticated cervine animal facility, notify the commission and the department of such occurrence. The commission shall adopt policies providing fo…
Neb. Rev. Stat. § 54-2318 Rules and regulations.
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The department may adopt and promulgate rules and regulations for the testing, control, and eradication of diseases, including, but not limited to, chronic wasting disease, brucellosis, and tuberculosis in domesticated cervine animal herds in the state. The rules and regulations …
Neb. Rev. Stat. § 54-2319 Herd certification program authorized.
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In addition to administering the Domesticated Cervine Animal Act and conducting program activities authorized by the act, the department may develop a herd certification program and may cooperate with the United States Government, or any department, agency, or officer thereof, in…
Neb. Rev. Stat. § 54-2320 Domesticated Cervine Animal Cash Fund; created; use; investment.
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The department may assess and collect costs and fees for services provided, fees assessed, and expenses incurred pursuant to its responsibilities under the Domesticated Cervine Animal Act. All costs and fees assessed and collected pursuant to the act shall be remitted to the Stat…
Neb. Rev. Stat. § 54-2321 Administration of act.
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In administering the Domesticated Cervine Animal Act, the agents and employees of the department: (1) Shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of implementing the rules and regulations adopted and promulgated …
Neb. Rev. Stat. § 54-2322 Commission; access to premises.
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The commission shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of assessing or removing populations of wild cervidae.
Neb. Rev. Stat. § 54-2323 Enforcement of act; violations; penalties.
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(1) In order to insure compliance with the Domesticated Cervine Animal Act, the department may apply for a temporary restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and r…
Neb. Rev. Stat. § 54-2324 Act; how construed.
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Nothing in the Domesticated Cervine Animal Act shall be construed to authorize any person to import, own, or possess any species of cervine animal the importation or possession of which is prohibited under section 37-524 and the rules and regulations promulgated thereunder.
Neb. Rev. Stat. § 54-2416 Act, how cited.
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Sections 54-2416 to 54-2438 shall be known and may be cited as the Livestock Waste Management Act.
Neb. Rev. Stat. § 54-2417 Terms, defined.
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For purposes of the Livestock Waste Management Act: (1) Animal feeding operation means a location where beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days…
Neb. Rev. Stat. § 54-2418 Department; duties.
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The department shall (1) administer the animal feeding operation permitting program in accordance with the National Pollutant Discharge Elimination System of the federal Clean Water Act, 33 U.S.C. 1251 et seq., through the Environmental Protection Act, the Livestock Waste Managem…
Neb. Rev. Stat. § 54-2419 Permits; approval; conditions; restrictions.
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(1) No new animal feeding operation shall be issued a National Pollutant Discharge Elimination System permit or a construction and operating permit in any part of a watershed that feeds directly or indirectly into a cold water class A stream, delineated pursuant to section 54-242…
Neb. Rev. Stat. § 54-2420 Section; how construed.
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Nothing in section 54-2419 shall be construed to change the zoning authority of a county that existed prior to May 25, 1999.
Neb. Rev. Stat. § 54-2421 Cold water class A streams; designation.
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A map delineating segments and watershed boundaries for cold water class A streams, as designated prior to May 25, 1999, and prepared by the department, shall be maintained by the department and used by the department for determinations made concerning cold water class A streams …
Neb. Rev. Stat. § 54-2422 Inspection and construction and operating permit requirements; exemptions.
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Animal feeding operations with animal capacity that is less than three hundred cattle, two hundred mature dairy cattle, seven hundred fifty swine weighing fifty-five pounds or more per head, three thousand swine weighing less than fifty-five pounds per head, one thousand five hun…
Neb. Rev. Stat. § 54-2423 Animal feeding operation; request inspection; when; fees; department; duties.
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(1) If any person owning or operating an animal feeding operation (a) does not hold a National Pollutant Discharge Elimination System permit, an operating permit, or a construction and operating permit or have construction approval, (b) has not been notified by the department tha…
Neb. Rev. Stat. § 54-2424 Animal feeding operation; operating requirements; when.
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Any animal feeding operation which was in existence on January 1, 2004, and does not have any permit on March 17, 2006, shall be subject, in addition to any other requirements of the Environmental Protection Act, Livestock Waste Management Act, and rules and regulations adopted a…
Neb. Rev. Stat. § 54-2425 National Pollutant Discharge Elimination System permit; department; duties.
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(1) After an initial inspection has been conducted pursuant to section 54-2423 for each new application for a construction and operating permit or major modification submitted to the department, the department shall, within ten days, make a determination as to whether a National …
Neb. Rev. Stat. § 54-2426 Applications; contents.
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Each application for a National Pollutant Discharge Elimination System permit or construction and operating permit shall include, in addition to other requirements, (1) a certification that the information contained in the application is accurate to the best of the applicant's kn…
Neb. Rev. Stat. § 54-2427 Public participation; when.
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Once the department has made a determination to approve or deny an application for a National Pollutant Discharge Elimination System permit, the department shall provide opportunities for public participation, including, but not limited to, public comment, opportunity for public …
Neb. Rev. Stat. § 54-2428 National Pollutant Discharge Elimination System permit; construction and operating permit; application and modification; fees; Livestock Waste Management Cash Fund; created; use; investment.
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(1) Any person required to obtain a National Pollutant Discharge Elimination System permit for an animal feeding operation or a construction and operating permit for a livestock waste control facility shall file an application with the department accompanied by the appropriate fe…
Neb. Rev. Stat. § 54-2429 National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Chief Water Officer; department; powers; applicability of Engineers and Architects Regulation Act.
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(1) An applicant for a National Pollutant Discharge Elimination System permit or a construction and operating permit under the Environmental Protection Act or the Livestock Waste Management Act shall not be issued a permit until the applicant has obtained any necessary approvals …
Neb. Rev. Stat. § 54-2430 Surface water runoff; diversion requirements; increase in acreage limitation; conditions.
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(1) Except as provided in this section, no new livestock waste control facility shall be constructed and no physical onsite activities specific to a new livestock waste control facility, except the use of a borrow site for construction of other components of the animal feeding op…
Neb. Rev. Stat. § 54-2431 Applications; rejection; when; disciplinary actions; grounds.
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(1) For purposes of this section: (a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction …
Neb. Rev. Stat. § 54-2432 Acts prohibited.
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Except as provided in section 54-2422, it shall be unlawful for any person to: (1) Construct or operate an animal feeding operation prior to an inspection from the department, unless exempted from inspection by the Environmental Protection Act, the Livestock Waste Management Act,…
Neb. Rev. Stat. § 54-2433 Department; contracts authorized.
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In carrying out its responsibilities under the Livestock Waste Management Act, the department may contract with the various natural resources districts as appropriate. The contract may include all tasks or duties necessary to carry out the act but shall not enable the natural res…
Neb. Rev. Stat. § 54-2434 Enforcement of act; legislative intent.
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It is the intent of the Legislature that in enforcing the provisions of the Livestock Waste Management Act the department shall give priority to the larger animal feeding operations in the state.
Neb. Rev. Stat. § 54-2435 Council; rules and regulations.
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(1) The council shall adopt and promulgate rules and regulations for animal feeding operations under the Environmental Protection Act and the Livestock Waste Management Act which provide for: (a) Requirements for animal feeding operations which shall include: (i) Location restric…
Neb. Rev. Stat. § 54-2436 Reinstatement of operating permit; conditions; fee.
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(1) Any person who held an operating permit on December 31, 2005, and whose permit expired pursuant to rules and regulations may file a request for reinstatement of the operating permit subject to the following conditions: (a) The request must be filed on or before December 31, 2…
Neb. Rev. Stat. § 54-2437 Conditional use permit or special exception; county planning commission or county board; powers.
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(1) A county planning commission or county board shall grant a conditional use permit or special exception to an existing animal feeding operation seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations perta…
Neb. Rev. Stat. § 54-2438 Major modification; applications; contents.
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Each application for a major modification of an operating permit, a construction approval, a construction and operating permit, or a National Pollutant Discharge Elimination System permit or an application for a construction and operating permit or a National Pollutant Discharge …