Chapter 66 — OILS, FUELS, AND ENERGY
763 sections in this chapter.
Neb. Rev. Stat. § 66-1428 Taxes, interest, and penalties; remittance.
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All taxes, interest, and penalties collected pursuant to the International Fuel Tax Agreement Act shall be remitted to the State Treasurer for credit to the Highway Trust Fund, except as otherwise provided under the act or an agreement entered into pursuant to the act.
Neb. Rev. Stat. § 66-1501 Act, how cited.
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Sections 66-1501 to 66-1531 shall be known and may be cited as the Petroleum Release Remedial Action Act.
Neb. Rev. Stat. § 66-1502 Statement of purpose.
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(1) The Legislature restates the declaration of legislative purpose as set forth in section 81-1501 that the public policy of this state is hereby declared to be: (a) To conserve the water in this state and to protect and improve the quality of water for human consumption, wildli…
Neb. Rev. Stat. § 66-1503 Definitions, where found.
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For purposes of the Petroleum Release Remedial Action Act, the definitions found in sections 66-1504 to 66-1515.01 shall be used.
Neb. Rev. Stat. § 66-1504 Department, defined.
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Department shall mean the Department of Water, Energy, and Environment.
Repealed. Laws 1994, LB 1160, § 127.
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[Repealed or reserved.]
Neb. Rev. Stat. § 66-1506 Fund, defined.
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Fund shall mean the Petroleum Release Remedial Action Cash Fund created in section 66-1519.
Neb. Rev. Stat. § 66-1507 Importer, defined.
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Importer shall mean any person who imports or causes to be imported petroleum from any other state or territory of the United States or from a foreign country for such person's own use in or for sale in this state, whether or not in the original package, receptacle, or container.…
Neb. Rev. Stat. § 66-1508 Operator, defined.
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Operator shall mean a person in control of or having responsibility for the daily operation of a tank. Operator shall not include a person described in subsection (2) of section 66-1509.
Neb. Rev. Stat. § 66-1509 Owner, defined.
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(1) Owner shall mean: (a) In the case of a tank in use on or after November 8, 1984, or brought into use after such date, any person who owns a tank used for the storage, use, or dispensing of petroleum; and (b) In the case of a tank in use before November 8, 1984, but no longer …
Neb. Rev. Stat. § 66-1510 Petroleum, defined.
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Petroleum shall mean: (1) For purposes of the fee provisions of section 66-1521: (a) Motor vehicle fuel as defined in section 66-482, except natural gasoline used as a denaturant by an ethanol facility as defined in section 66-1333; and (b) Diesel fuel as defined in section 66-48…
Neb. Rev. Stat. § 66-1511 Refiner, defined.
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Refiner shall mean any person who refines, prepares, blends, distills, manufactures, or compounds petroleum in Nebraska for such person's own use in this state or for sale or delivery in this state.
Neb. Rev. Stat. § 66-1512 Release, defined.
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Release shall mean any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank or any overfilling of a tank into ground water, surface water, surface soils, or subsurface soils whether occurring before, on, or after May 27, 1989.
Neb. Rev. Stat. § 66-1513 Remedial action, defined.
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Remedial action shall mean any immediate or long-term response to a release or suspected release in accordance with rules and regulations adopted and promulgated by the department or the State Fire Marshal, including tank testing only in conjunction with a release or suspected re…
Neb. Rev. Stat. § 66-1514 Responsible person, defined.
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Responsible person shall mean a person who is an owner or operator of a tank. If an owner or operator is unwilling or unable or fails to comply with required remedial action or to pay a third-party claim, responsible person shall also mean any of the following who voluntarily pro…
Neb. Rev. Stat. § 66-1514.01 Supplier, defined.
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Supplier shall mean any person who owns petroleum products imported by barge, barge line, or pipeline and stored at a barge, barge line, or pipeline terminal in this state.
Neb. Rev. Stat. § 66-1515 Tank, defined.
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Tank shall mean any one or a combination of stationary aboveground or underground containers and enclosures, including structures and appurtenances connected to them, that is or has been used to contain or dispense petroleum, but tank shall not include any pipeline facilities, in…
Neb. Rev. Stat. § 66-1515.01 Third-party claim, defined.
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Third-party claim shall mean a final judgment against a responsible person obtained by a third party for compensation for bodily injury and property damage caused by a release first reported after January 1, 1990.
Neb. Rev. Stat. § 66-1516 Responsibility for release or third-party claim; avoidance; prohibited; when.
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Except as provided in section 81-15,124.05, no responsible person may avoid responsibility under state law for a release or third-party claim by means of a conveyance of any right, title, or interest in real property or by any indemnification, hold-harmless, or similar agreement.…
Neb. Rev. Stat. § 66-1517 Reimbursement for remedial actions and third-party claims; act; how construed.
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Reimbursement for remedial actions and third-party claims shall be governed by the Petroleum Release Remedial Action Act. Nothing in the act shall be construed to limit the powers of the department or preclude the pursuit of any other administrative, civil, injunctive, or crimina…
Neb. Rev. Stat. § 66-1518 Rules and regulations; schedule of rates; use.
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(1) The Environmental Quality Council shall adopt and promulgate rules and regulations governing reimbursements authorized under the Petroleum Release Remedial Action Act. Such rules and regulations shall include: (a) Procedures regarding the form and procedure for application fo…
Neb. Rev. Stat. § 66-1519 Petroleum Release Remedial Action Cash Fund; created; use; investment.
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(1) There is hereby created the Petroleum Release Remedial Action Cash Fund to be administered by the department. Revenue from the following sources shall be remitted to the State Treasurer for credit to the fund: (a) The fees imposed by sections 66-1520 and 66-1521; (b) Money pa…
Neb. Rev. Stat. § 66-1519.01 Petroleum Release Remedial Action Cash Fund; transfer to Wastewater Treatment Facilities Construction Loan Fund; authorized; repayment; contracts authorized.
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(1) Prior to December 31, 1996, the department may authorize the State Treasurer to transfer funds from the Petroleum Release Remedial Action Cash Fund to the Wastewater Treatment Facilities Construction Loan Fund in such amount as determined by the department to be necessary to …
Neb. Rev. Stat. § 66-1520 Owner of registered tank; petroleum release remedial action fee; amount.
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(1) On each January 1, all owners of operating tanks registered in accordance with section 81-15,121 shall pay a petroleum release remedial action fee of ninety dollars to the State Fire Marshal for each registered tank. (2) The State Fire Marshal shall remit the fees received pu…
Neb. Rev. Stat. § 66-1521 Petroleum release remedial action fee; amount; license required; filing; violation; penalty; Department of Revenue; powers and duties; Petroleum Release Remedial Action Collection Fund; created; use; investment.
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(1) A petroleum release remedial action fee is hereby imposed upon the producer, refiner, importer, distributor, wholesaler, or supplier who engages in the sale, distribution, delivery, and use of petroleum within this state, except that the fee shall not be imposed on petroleum …
Repealed. Laws 1998, LB 1161, § 99.
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[Repealed or reserved.]
Neb. Rev. Stat. § 66-1523 Reimbursement; amount; limitations; Prompt Payment Act applicable.
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(1) Except as provided in subsection (2) of this section, the department shall provide reimbursement from the fund in accordance with section 66-1525 to eligible responsible persons for the cost of remedial action for releases reported after July 17, 1983, and on or before June 3…
Neb. Rev. Stat. § 66-1524 State not liable; when; payment of principal and interest on unpaid applications.
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The State of Nebraska shall not be liable for any reimbursement under the Petroleum Release Remedial Action Act in the event that the fund is insufficient to reimburse the amount set forth in section 66-1523. Interest on any unpaid application for reimbursement shall continue to …
Neb. Rev. Stat. § 66-1525 Reimbursement; application; procedure; State Fire Marshal; duties; reduction of reimbursement; notification required.
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(1) Any responsible person or his or her designated representative who has taken remedial action in response to a release first reported after July 17, 1983, and on or before June 30, 2028, or against whom there is a third-party claim may apply to the department under the rules a…
Neb. Rev. Stat. § 66-1526 Reimbursement; not subject to legal process or attachment; when.
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The amount of reimbursement to be paid for remedial action which was done by a third party shall not be subject to legal process or attachment if paid to the responsible person for the purpose of payment to a third party who performed the remedial action.
Neb. Rev. Stat. § 66-1527 Failure to complete remedial action; reimburse fund.
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If the responsible person who has received partial reimbursement from the fund for remedial action does not complete the remedial action as required by the rules and regulations, the responsible person shall reimburse to the fund an amount equal to the reimbursements received fro…
Neb. Rev. Stat. § 66-1528 Person receiving conveyance; action; not barred.
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Nothing in the Petroleum Release Remedial Action Act shall be construed to bar a common-law, statutory, or any other cause of action which may be maintained against a responsible person by a private person who, subsequent to a release, received a conveyance of any right, title, o…
Neb. Rev. Stat. § 66-1529 Reimbursement; assignment; authorized.
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Nothing in the Petroleum Release Remedial Action Act shall be construed to prohibit a responsible person from assigning to a third party any right, title, or interest which the responsible person may have in and to the proceeds from reimbursement for remedial action. Such third p…
Neb. Rev. Stat. § 66-1529.01 Remedial action; fixtures and tangible personal property; treatment.
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(1) The department shall reimburse the responsible person from the fund for damages to fixtures and costs of tangible personal property related to the remedial action as set forth in subsections (2) and (3) of this section. (2) The responsible person shall be reimbursed from the …
Neb. Rev. Stat. § 66-1529.02 Remedial actions by department; third-party claims; recovery of expenses.
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(1) The department may undertake remedial actions in response to a release first reported after July 17, 1983, and on or before June 30, 2028, with money available in the fund if: (a) The responsible person cannot be identified or located; (b) An identified responsible person can…
Neb. Rev. Stat. § 66-1530 Department; federal funding; duty.
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The department shall cooperate in any action necessary to obtain federal funding to carry out the Petroleum Release Remedial Action Act.
Neb. Rev. Stat. § 66-1531 Claim under State Miscellaneous Claims Act authorized; procedure; limitations.
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A person, other than a responsible person, may file a claim with the State Claims Board under the State Miscellaneous Claims Act for (1) property damage caused by a release and (2) reasonable costs directly incurred due to uninhabitability of a dwelling or unfitness of a water su…
Repealed. Laws 2010, LB 832, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 66-1601 Act, how cited.
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Sections 66-1601 to 66-1627 shall be known and may be cited as the Propane Education and Research Act.
Neb. Rev. Stat. § 66-1602 Purposes of act.
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The purposes of the Propane Education and Research Act are (1) to authorize the creation of an industry-financed entity which will enable the Nebraska propane industry to educate the public and industry employees about proper safety and procedures in the storage, handling, transp…
Neb. Rev. Stat. § 66-1603 Definitions, where found.
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For purposes of the Propane Education and Research Act, the definitions found in sections 66-1604 to 66-1616 shall be used.
Neb. Rev. Stat. § 66-1604 Bulk, defined.
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Bulk means quantities of more than five thousand gallons.
Neb. Rev. Stat. § 66-1605 Council, defined.
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Council means the Propane Education and Research Council established under section 66-1618.
Neb. Rev. Stat. § 66-1606 Education, defined.
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Education means any action which provides information, instruction, or safety guidelines about propane, propane equipment, mechanical and technical practices, and uses of propane to propane consumers or industry employees.
Neb. Rev. Stat. § 66-1607 Industry, defined.
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Industry means those persons involved in the production, transportation, and sale of propane and in the manufacture and distribution of propane utilization equipment.
Neb. Rev. Stat. § 66-1608 Industry trade association, defined.
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Industry trade association means an organization which represents a segment of the industry and which is exempt from tax under section 501(c)(3) or (6) of the Internal Revenue Code.
Neb. Rev. Stat. § 66-1609 Manufacturer and distributor of liquefied petroleum gas equipment, defined.
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Manufacturer and distributor of liquefied petroleum gas equipment means any person engaged in manufacturing, assembling, and marketing appliances, containers, and products used in the liquefied petroleum gas industry and any person in the wholesale marketing of appliances, contai…
Neb. Rev. Stat. § 66-1610 Odorized propane, defined.
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Odorized propane means propane with odorant added.
Neb. Rev. Stat. § 66-1611 Person, defined.
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Person means any: Individual; partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing or managing body of…
Neb. Rev. Stat. § 66-1612 Propane, defined.
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Propane means propane, butane, mixtures, and liquefied petroleum gas as defined by the National Fire Protection Association Standard 58 for the Storage and Handling of Liquefied Petroleum Gases the chemical composition of which is predominantly C3H8, whether recovered from natura…