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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-15,116 Violation of Central Interstate Low-Level Radioactive Waste Compact; Attorney General; duties.
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Any action for a violation of the Central Interstate Low-Level Radioactive Waste Compact or an action to enjoin a violation or to compel performance under the compact shall be brought by the Attorney General in the name of the state.
Neb. Rev. Stat. § 81-15,117 Petroleum Products and Hazardous Substances Storage and Handling Act, how cited.
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Sections 81-15,117 to 81-15,127 shall be known and may be cited as the Petroleum Products and Hazardous Substances Storage and Handling Act.
Neb. Rev. Stat. § 81-15,118 Legislative findings.
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The Legislature finds that the number of leaking underground storage tanks throughout the state is increasing and that there exists a serious threat to the health and safety of citizens because substances contained in leaking storage tanks are often potential ground water contami…
Neb. Rev. Stat. § 81-15,119 Terms, defined.
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For purposes of the Petroleum Products and Hazardous Substances Storage and Handling Act, unless the context otherwise requires: (1) Operator shall mean any person in control of, or having responsibility for, the daily operation of a tank but shall not include a person described …
Neb. Rev. Stat. § 81-15,120 Farm or residential tank; heating oil storage tank; registration; when required; fee; Petroleum Products and Hazardous Substances Storage and Handling Fund; created; use; investment.
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Any farm or residential tank or tank used for storing heating oil as defined in subdivisions (10)(a) and (b) of section 81-15,119 shall be registered with the State Fire Marshal. The registration shall be accompanied by a one-time fee of ten dollars and shall be valid until the S…
Neb. Rev. Stat. § 81-15,121 Tanks; permit; when required; fees; application; Underground Storage Tank Fund; created; investment.
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(1) A person shall not (a) maintain or use any tank for the storage of regulated substances, (b) install any new tank, or (c) permanently close a tank without first securing a permit from the State Fire Marshal. (2) A fee shall not be charged for a permit under subdivision (1)(a)…
Neb. Rev. Stat. § 81-15,122 Denial of permit; procedures; appeal.
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Before the State Fire Marshal denies an application for a permit, the affected person shall be given notice and opportunity for a hearing under procedures established by the State Fire Marshal. Upon receipt of the notification, any person aggrieved by the denial or revocation of …
Neb. Rev. Stat. § 81-15,123 State Fire Marshal; rules and regulations; considerations; requirements.
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The State Fire Marshal shall adopt and promulgate rules and regulations governing release, detection, prevention, and correction procedures applicable to all owners and operators as shall be necessary to protect human health, public safety, and the environment. Such rules and reg…
Neb. Rev. Stat. § 81-15,124 Release of regulated substance; Department of Water, Energy, and Environment; State Fire Marshal; powers and duties; remedial action plan.
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Any reported or suspected release of a regulated substance from any tank shall be investigated consistent with principles of risk-based corrective action by the State Fire Marshal and the Department of Water, Energy, and Environment. In the event that the State Fire Marshal or th…
Neb. Rev. Stat. § 81-15,124.01 Environmental Quality Council; rules and regulations.
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(1) The Environmental Quality Council shall adopt and promulgate rules and regulations consistent with principles of risk-based corrective action governing all phases of remedial action to be taken by owners, operators, and other persons in response to a release or suspected rele…
Neb. Rev. Stat. § 81-15,124.02 Access to property.
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If necessary in the course of an investigation or inspection or during the remedial action and if the owner of property or the owner's agent has specifically denied the Department of Water, Energy, and Environment access to the property for such purposes, the department may order…
Neb. Rev. Stat. § 81-15,124.03 Remedial action plan; considerations.
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The plan for remedial action shall take into account risk-based corrective action assessment principles which identify the risks presented to the public health and safety or the environment by each release in a manner that will protect the public health and safety and the environ…
Neb. Rev. Stat. § 81-15,124.04 Risk-based corrective action; department provide briefing.
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The Department of Water, Energy, and Environment shall provide briefing on the use by the department of risk-based corrective action. The briefing shall be directed toward comprehension and knowledge of the use by the department of risk-based corrective action, and a fee may be c…
Neb. Rev. Stat. § 81-15,124.05 Remedial action plan; certificate of completion; form; effect.
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(1) If a remedial action plan submitted by a responsible person as defined in section 66-1514 is approved or deemed to be approved by the Department of Water, Energy, and Environment pursuant to subdivision (2) of section 81-15,124 and has been carried out, the department may iss…
Neb. Rev. Stat. § 81-15,124.06 Remedial action plan; certificate of completion; immunity.
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Upon issuance of a certificate of completion under section 81-15,124.05, except as otherwise provided in such section, the responsible person shall no longer have liability to the state as to the release of petroleum products for which compliance with the remedial action plan is …
Neb. Rev. Stat. § 81-15,124.07 Remedial action plan; participation; effect.
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(1) Participating in a remedial action plan does not constitute an admission of liability under the laws of this state, the rules and regulations adopted pursuant to law, or the ordinances and resolutions of any political subdivision or an admission of civil liability under statu…
Neb. Rev. Stat. § 81-15,125 Violation; penalty.
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Any person violating the Petroleum Products and Hazardous Substances Storage and Handling Act or the rules, regulations, or orders of the State Fire Marshal or the Department of Water, Energy, and Environment adopted and promulgated or issued pursuant to such act shall be subject…
Neb. Rev. Stat. § 81-15,126 Violation; action to enjoin.
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The Department of Water, Energy, and Environment or the State Fire Marshal may apply to the district court of the county where the violation is occurring or about to occur for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person v…
Neb. Rev. Stat. § 81-15,127 Notice of registration requirements; duty to provide.
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(1) Any person who deposits regulated substances in a tank shall reasonably notify the owner or operator of such tank of the owner's or operator's registration requirements pursuant to the Petroleum Products and Hazardous Substances Storage and Handling Act. (2) The Department of…
Neb. Rev. Stat. § 81-15,128 Wastewater Treatment Operator Certification Act, how cited.
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Sections 81-15,128 to 81-15,143 shall be known and may be cited as the Wastewater Treatment Operator Certification Act.
Neb. Rev. Stat. § 81-15,129 Terms, defined.
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As used in the Wastewater Treatment Operator Certification Act, unless the context otherwise requires: (1) Certificate shall mean a certificate of competency issued by the director or his or her duly authorized representative certifying that the operator has met the requirements …
Neb. Rev. Stat. § 81-15,130 Council; adopt rules and regulations; contents.
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In order to carry out the purposes of the Wastewater Treatment Operator Certification Act, the council shall adopt and promulgate rules and regulations. Such rules and regulations shall include, but not be limited to: (1) Establishing and carrying out procedures for the certifica…
Neb. Rev. Stat. § 81-15,131 Director; powers and duties.
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The director shall have authority to exercise all incidental powers necessary to carry out the purposes of the Wastewater Treatment Operator Certification Act. In carrying out such powers the director shall advise, consult, and cooperate with agencies of the state, the federal go…
Neb. Rev. Stat. § 81-15,132 Operator certification without examination; recommended by governing body or owner.
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The director may provide for certification without examination of any operator recommended by a governing body or owner as having been in charge of the operation or supervising the operation of a wastewater treatment facility on August 30, 1987, and whose competence has been demo…
Neb. Rev. Stat. § 81-15,133 Operator certification without examination; holder of certificate of competency.
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The director shall provide for certification without examination of operators who, on August 30, 1987, hold certificates of competency issued pursuant to a program which the director determines meets the requirements of the Wastewater Treatment Operator Certification Act.
Neb. Rev. Stat. § 81-15,134 Wastewater treatment facilities; supervision required; exceptions.
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Within two years following August 30, 1987, all wastewater treatment facilities shall be under the supervision of an operator certified by the director at least to the level of classification of the wastewater treatment facility to be supervised by such operator, except that indi…
Neb. Rev. Stat. § 81-15,135 Temporary certificate.
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The director shall have the authority to issue a temporary certificate to an operator of a wastewater treatment facility which relies on the services of one person for its operation. A temporary certificate shall be valid for a period of one year after which time such operator sh…
Neb. Rev. Stat. § 81-15,136 Certificate; revoke, suspend, or refuse; grounds.
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The director may revoke, suspend, or refuse to grant the certificate of an operator, following opportunity for hearing, upon any reasonable ground including, but not limited to, the following: (1) The operator has practiced fraud or deception; (2) reasonable care was not used in …
Neb. Rev. Stat. § 81-15,137 Hearings; procedures applicable.
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All hearings shall be conducted in accordance with procedures established in section 81-1507.
Neb. Rev. Stat. § 81-15,138 Certificate; term; renewal.
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Certificates shall expire two years from the date of issuance and shall be renewed by the director if the applicant has met minimum continuing education requirements and if other provisions of section 81-15,136 do not apply. Operators shall be given sixty days' notice prior to ex…
Neb. Rev. Stat. § 81-15,139 Certification required; when.
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On and after two years following August 30, 1987, unless the director determines that an emergency exists, it shall be unlawful for any wastewater treatment facility to be operated unless its operator is duly certified under the Wastewater Treatment Operator Certification Act at …
Neb. Rev. Stat. § 81-15,140 Reciprocal certification agreements; director; duties.
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(1) The director shall provide for reciprocal certification agreements with other states, territories, and countries if the requirements for certification by such other states, territories, and countries do not conflict with the Wastewater Treatment Operator Certification Act and…
Neb. Rev. Stat. § 81-15,141 Violation; penalty.
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Any person violating any provisions of the Wastewater Treatment Operator Certification Act or the rules and regulations adopted and promulgated pursuant to such act shall be subject to a civil fine of not more than five hundred dollars for each offense, and in the case of a conti…
Neb. Rev. Stat. § 81-15,142 Appeal.
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Any person aggrieved by an order or decision of the director may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 81-15,143 Wastewater Treatment Operator Certification Cash Fund; created; use; investment.
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All fees collected pursuant to the Wastewater Treatment Operator Certification Act shall be remitted to the State Treasurer for credit to the Wastewater Treatment Operator Certification Cash Fund which is hereby created. Such fund shall be administered by the department for the p…
Neb. Rev. Stat. § 81-15,147 Wastewater Treatment Facilities Construction Assistance Act, how cited.
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Sections 81-15,147 to 81-15,157 shall be known and may be cited as the Wastewater Treatment Facilities Construction Assistance Act.
Neb. Rev. Stat. § 81-15,148 Legislative findings.
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The Legislature finds that the construction, rehabilitation, operation, and maintenance of modern and efficient sewer systems and wastewater treatment works are essential to protecting and improving the state's water quality, that protecting water quality is an issue of concern t…
Neb. Rev. Stat. § 81-15,149 Terms, defined.
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As used in the Wastewater Treatment Facilities Construction Assistance Act, unless the context otherwise requires: (1) Clean Water Act means the federal Clean Water Act, as amended, 33 U.S.C. 1251 et seq.; (2) Construction means any of the following: Preliminary planning to deter…
Neb. Rev. Stat. § 81-15,150 Federal grants; director; powers.
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The director may obligate and administer any federal grants to municipalities and counties pursuant to the Wastewater Treatment Facilities Construction Assistance Act and the Clean Water Act.
Neb. Rev. Stat. § 81-15,151 Wastewater Treatment Facilities Construction Loan Fund; transfers authorized; Construction Administration Fund; created; use; investment.
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(1)(a) The Wastewater Treatment Facilities Construction Loan Fund is hereby created. The fund shall be held as a trust fund for the purposes and uses described in the Wastewater Treatment Facilities Construction Assistance Act. (b) The fund shall consist of federal capitalization…
Neb. Rev. Stat. § 81-15,151.01 Obligation to repay loan; effect.
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If funds are loaned to or otherwise deposited in the Wastewater Treatment Facilities Construction Loan Fund with an obligation to repay such loan or deposit, the obligation to repay the amount of the loan or deposit and the interest thereon shall, upon authorization by the counci…
Neb. Rev. Stat. § 81-15,151.02 Pledge of fund or assets; effect.
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Any pledge of the Wastewater Treatment Facilities Construction Loan Fund or any part thereof or any pledge of the assets of the fund made by the department as authorized by the council shall be valid and binding from the time the pledge is made. The revenue, money, or assets so p…
Neb. Rev. Stat. § 81-15,151.03 Linked deposit program; eligible financial institution; duties; linked deposit program loans; use.
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(1) The department may establish and administer the linked deposit program, pursuant to rules and regulations adopted and promulgated by the council, to promote loans by eligible financial institutions for the construction, rehabilitation, and enhancement of nonpoint source contr…
Neb. Rev. Stat. § 81-15,152 Council; powers and duties.
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The council shall have the following powers and duties: (1) The power to adopt and promulgate rules and regulations to govern the application procedure and requirements for making loans under the Wastewater Treatment Facilities Construction Assistance Act; (2) The power to adopt …
Neb. Rev. Stat. § 81-15,153 Department; powers and duties.
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The department shall have the following powers and duties: (1) The power to establish a program to make loans to municipalities or to counties, individually or jointly, for construction or modification of publicly owned wastewater treatment works in accordance with the Wastewater…
Neb. Rev. Stat. § 81-15,154 Categories of loan eligibility; eligible items.
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Categories of loan eligibility shall include: Primary, secondary, or tertiary treatment and appurtenances; infiltration and inflow correction; major sewer system rehabilitation; new collector sewers and appurtenances; new intercepters and appurtenances; acquisition of land integr…
Neb. Rev. Stat. § 81-15,155 Loans to municipalities or counties; conditions.
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(1) All loans made under the Wastewater Treatment Facilities Construction Assistance Act shall be made only to municipalities or to counties that: (a) Meet the requirements of financial capability set by the department; (b) Pledge sufficient revenue sources for the repayment of t…
Neb. Rev. Stat. § 81-15,156 Loan terms.
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Loan terms shall include, but not be limited to, the following: (1) The term of the loan shall not exceed the lesser of thirty years or the projected useful life of the project; (2) The interest rate shall be at or below market interest rates; (3) The annual principal and interes…
Neb. Rev. Stat. § 81-15,157 Loans; procedures for granting.
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Loans shall be granted for projects in accordance with the procedures established through the state's continuing planning process pursuant to sections 205(j), 208, 303(e), and 320 of the Clean Water Act and for projects listed on the state's priority list under section 216 of the…
Neb. Rev. Stat. § 81-15,158.01 Waste Reduction and Recycling Incentive Act, how cited.
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Sections 81-15,158.01 to 81-15,165 shall be known and may be cited as the Waste Reduction and Recycling Incentive Act.