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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-15,159 Legislative findings and intent; state purchases; preference requirements.
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(1) The Legislature hereby finds and declares that: (a) Some landfills operating with or without a permit in Nebraska exhibit numerous operational and management practices which are inconsistent with proper landfill management and permit requirements, and the owners and operators…
Neb. Rev. Stat. § 81-15,159.02 Terms, defined.
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For purposes of the Waste Reduction and Recycling Incentive Act: (1) Council means the Environmental Quality Council; (2) Department means the Department of Water, Energy, and Environment; (3) Director means the Director of Water, Energy, and Environment; (4) Scrap tire or waste …
Neb. Rev. Stat. § 81-15,160 Waste Reduction and Recycling Incentive Fund; created; use; investment; grants; restrictions.
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(1) The Waste Reduction and Recycling Incentive Fund is created. The department shall deduct from the fund amounts sufficient to reimburse itself for its costs of administration of the fund. The fund shall be administered by the department. The fund shall consist of proceeds from…
Neb. Rev. Stat. § 81-15,161 Waste Reduction and Recycling Incentive Fund; grants; application; contents; director and council; duties; rules and regulations.
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(1) Allocations from the Waste Reduction and Recycling Incentive Fund may be made as grants to a political subdivision or other entity or organization, public, private, or nonprofit, when it is found that the proposed program, project, or study appears to benefit the general publ…
Neb. Rev. Stat. § 81-15,162 Fees on tires; collection; disbursement.
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(1) There is hereby imposed a fee of one dollar on each tire of every new motor vehicle, trailer, or semitrailer sold at retail in this state. Such fee shall be collected by the county treasurer at the time of registration of the motor vehicle, trailer, or semitrailer and remitte…
Neb. Rev. Stat. § 81-15,162.07 Grant recipients; reports required.
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The department shall require periodic reports to be filed by grant recipients to enable the department to review and follow up on actions taken by recipients to ensure that the purposes of the Waste Reduction and Recycling Incentive Act are achieved.
Neb. Rev. Stat. § 81-15,163 Annual waste reduction and recycling fee; amount; collection.
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There is hereby imposed an annual waste reduction and recycling fee of twenty-five dollars on all businesses engaged in business in this state with retail sales of tangible personal property of fifty thousand dollars or more, which sales are subject to the tax imposed by the Nebr…
Neb. Rev. Stat. § 81-15,164 Collection of fees; manner.
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(1) Except as provided in subsections (2) and (3) of this section, the fees imposed by sections 81-15,159 to 81-15,165 shall be collected in the same manner as the sales tax under the Nebraska Revenue Act of 1967, including provisions of the act relating to interest, penalties, a…
Neb. Rev. Stat. § 81-15,165 Tax Commissioner; collection fee; Waste Reduction and Recycling Incentive Fees Collection Fund; created; investment.
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The Tax Commissioner shall deduct and withhold from the fees collected pursuant to sections 81-15,159 to 81-15,165 a fee sufficient to reimburse himself or herself for the actual cost of collecting and administering such fees and shall credit such collection fee to the Waste Redu…
Neb. Rev. Stat. § 81-15,166 Comprehensive plan; department; duties; legislative intent; Environmental Quality Council; duties.
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The Department of Water, Energy, and Environment, with the advice and consent of the Environmental Quality Council, shall contract for the preparation of a comprehensive solid waste management plan. Such plan shall be contracted for and prepared on or before December 15, 1991. It…
Neb. Rev. Stat. § 81-15,167 Nebraska Environmental Trust Act, how cited.
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Sections 81-15,167 to 81-15,176 shall be known and may be cited as the Nebraska Environmental Trust Act.
Neb. Rev. Stat. § 81-15,168 Legislative intent.
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It is the intent of the Legislature to establish the Nebraska Environmental Trust for the purpose of conserving, enhancing, and restoring the natural physical and biological environment in Nebraska, including the air, land, ground water and surface water, flora and fauna, prairie…
Neb. Rev. Stat. § 81-15,169 Terms, defined.
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For purposes of the Nebraska Environmental Trust Act: (1) Board means the Nebraska Environmental Trust Board; and (2) Trust means the Nebraska Environmental Trust.
Neb. Rev. Stat. § 81-15,170 Nebraska Environmental Trust Board; created; membership; qualifications; executive director.
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The Nebraska Environmental Trust Board is hereby created as an entity of the executive branch. The board shall consist of the Director of Water, Energy, and Environment, the Chief Water Officer, the Director of Agriculture, the secretary of the Game and Parks Commission, the chie…
Neb. Rev. Stat. § 81-15,170.01 Board members; conflict of interest; treatment.
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Members of the board shall comply with the conflict of interest provisions of the Nebraska Political Accountability and Disclosure Act. Any member of the board who is also a director of a state agency shall abstain from voting on applications which would provide funding primarily…
Neb. Rev. Stat. § 81-15,171 Board members; terms; vacancy; expenses.
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The citizen members of the board shall be appointed for terms of six years, except that of the members first appointed, except directors of agencies, the terms of three shall expire at the end of the second year, three at the end of the fourth year, and three at the end of the si…
Neb. Rev. Stat. § 81-15,172 Board; officers; meetings.
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The board shall annually elect a chairperson from among the citizen members. The board shall meet at least quarterly and may meet more often at the call of the chairperson or the request of any three members.
Neb. Rev. Stat. § 81-15,173 Board; powers and duties.
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The board shall have and may exercise the following powers and duties: (1) Adopt bylaws to govern the proceedings of the board; (2) Keep records, conduct hearings, and adopt and promulgate rules and regulations to carry out its duties and implement the Nebraska Environmental Trus…
Neb. Rev. Stat. § 81-15,174 Nebraska Environmental Trust Fund; created; use; investment.
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The Nebraska Environmental Trust Fund is created. The fund shall be maintained in the state accounting system as a cash fund. Except as otherwise provided in this section, the fund shall be used to carry out the purposes of the Nebraska Environmental Trust Act, including the paym…
Neb. Rev. Stat. § 81-15,174.01 Nebraska Environmental Endowment Fund; created; use; investment.
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The Nebraska Environmental Endowment Fund is created. The fund shall be used to carry out the purposes of the Nebraska Environmental Trust Act. The fund shall include proceeds designated by the board pursuant to section 81-15,173, including grants from the Nebraska Environmental …
Neb. Rev. Stat. § 81-15,175 Fund allocations; board; powers and duties; grant award to Water Resources Cash Fund; payments; legislative intent; additional grant; additional reporting.
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(1) The board may make an annual allocation each fiscal year from the Nebraska Environmental Trust Fund to the Nebraska Environmental Endowment Fund as provided in section 81-15,174.01. The board shall make annual allocations from the Nebraska Environmental Trust Fund and may mak…
Neb. Rev. Stat. § 81-15,176 Environmental categories of projects; board; establish grant criteria.
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(1) Subject to subsection (3) of this section, the board shall establish environmental categories of projects eligible for funding by the trust. The board, after allowing opportunity for public comment, shall designate as categories those environmental goals which most affect the…
Neb. Rev. Stat. § 81-15,177 Solid Waste Landfill Closure Assistance Fund; established; use; investment; council; grants; duties.
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(1) There is hereby established the Solid Waste Landfill Closure Assistance Fund which shall be a cash fund administered by the Department of Water, Energy, and Environment. The fund shall be used: (a) To provide grants for landfill site closing assessment, closure, monitoring, a…
Neb. Rev. Stat. § 81-15,177.01 Solid Waste Landfill Closure Assistance Fund; applicant, defined.
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For purposes of sections 81-15,177 to 81-15,179, applicant shall mean any political subdivision which owns or operates or has previously owned or operated a landfill or any entity which owns or operates or has previously owned or operated a licensed landfill in the State of Nebra…
Neb. Rev. Stat. § 81-15,178 Funding from Solid Waste Landfill Closure Assistance Fund; applicant; requirements.
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In order for an applicant to receive funding from the Solid Waste Landfill Closure Assistance Fund, the applicant shall: (1) Agree to use the funds for landfill site closing assessment, closure, monitoring, or remediation costs relating to landfills existing or already closed on …
Neb. Rev. Stat. § 81-15,179 Application for funds; department; powers and duties.
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Upon receipt of an application for funds from the Solid Waste Landfill Closure Assistance Fund, the Department of Water, Energy, and Environment shall evaluate and investigate all aspects of the proposed project and the proposed schedule for completion, determine eligibility and …
Neb. Rev. Stat. § 81-15,180 Superfund Cost Share Cash Fund; created; termination; use; investment.
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The Superfund Cost Share Cash Fund is created. The fund terminates on June 30, 2027. The Department of Water, Energy, and Environment shall remit grants and gifts received by the department for purposes of providing cost share for remediation of superfund sites to the State Treas…
Neb. Rev. Stat. § 81-15,181 Remedial Action Plan Monitoring Act, how cited.
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Sections 81-15,181 to 81-15,188 shall be known and may be cited as the Remedial Action Plan Monitoring Act.
Neb. Rev. Stat. § 81-15,182 Terms, defined.
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For purposes of the Remedial Action Plan Monitoring Act: (1) Land pollution means the presence upon or within the land resources of the state of one or more contaminants or combinations of contaminants, including, but not limited to, solid waste, hazardous waste, petroleum, or ha…
Neb. Rev. Stat. § 81-15,183 Remedial Action Plan Monitoring Fund; created; use; investment.
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(1) The Remedial Action Plan Monitoring Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. Revenue from the following sources shall be credited to the fund: (a) Application fees collected under the Remedial Action Plan Monitoring …
Neb. Rev. Stat. § 81-15,184 Remedial action plan; application for monitoring; requirements; fees; department; duties.
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(1) Any entity which voluntarily chooses to make application for monitoring of remedial action plans for property where land pollution or water pollution exists shall: (a) Submit an application on a form approved by the Department of Water, Energy, and Environment; (b) Provide th…
Neb. Rev. Stat. § 81-15,185 Department of Water, Energy, and Environment; remedial action plan; approval or disapproval; notification.
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Upon receipt of a voluntary remedial action plan for land pollution or water pollution pursuant to section 81-15,184, the Department of Water, Energy, and Environment shall review and approve or disapprove the plan and notify the applicant in writing. If the plan is disapproved, …
Neb. Rev. Stat. § 81-15,185.01 Remedial action plan; notice; hearing.
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The Department of Water, Energy, and Environment shall issue public notice of its intent to approve a voluntary remedial action plan pursuant to section 81-15,185 in a local newspaper of general circulation in the area affected and make the remedial action plan available to the p…
Neb. Rev. Stat. § 81-15,185.02 Remedial action plan; termination; notification.
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(1) The applicant may unilaterally terminate a voluntary remedial action plan approved pursuant to section 81-15,185 prior to completion of investigative and remedial activities if the applicant leaves the property in no worse condition, from a human health and environment perspe…
Neb. Rev. Stat. § 81-15,185.03 Remedial action plan; completion; duties; enforceability.
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(1) Within sixty days after completion of a voluntary remedial action plan approved pursuant to section 81-15,185, the applicant shall provide the Department of Water, Energy, and Environment with a final remedial action report and assurance that the plan has been fully implement…
Neb. Rev. Stat. § 81-15,186 Department of Water, Energy, and Environment; issuance of letter; contents.
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If the requirements of the Remedial Action Plan Monitoring Act are met and the applicant has remitted all applicable fees, the Department of Water, Energy, and Environment may issue to the applicant a letter stating that no further action need be taken at the site related to any …
Neb. Rev. Stat. § 81-15,186.01 Rules and regulations.
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The Environmental Quality Council may adopt and promulgate rules and regulations necessary to administer and enforce the provisions of the Remedial Action Plan Monitoring Act.
Neb. Rev. Stat. § 81-15,187 Act, how construed; indemnification.
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The Remedial Action Plan Monitoring Act shall not be construed as an acceptance of liability by the State of Nebraska for activities conducted pursuant to such act. Entities proceeding under such act shall indemnify and hold harmless the State of Nebraska for any further action r…
Neb. Rev. Stat. § 81-15,188 Act; supplemental to other laws; how construed.
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The powers conferred by the Remedial Action Plan Monitoring Act shall be independent of and in addition and supplemental to any other provisions of the laws of the State of Nebraska with reference to the matters covered hereby, and the act shall be considered as a complete and in…
Neb. Rev. Stat. § 81-15,191 Nebraska Emergency Planning and Community Right to Know Act, how cited.
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Sections 81-15,191 to 81-15,235 shall be known and may be cited as the Nebraska Emergency Planning and Community Right to Know Act.
Neb. Rev. Stat. § 81-15,192 Legislative intent.
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(1) It is the intent of the Legislature to adopt the Nebraska Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. (2) The Legislature finds that the release of hazardous and toxic chemic…
Neb. Rev. Stat. § 81-15,193 Definitions, where found.
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For purposes of the Nebraska Emergency Planning and Community Right to Know Act, the definitions found in sections 81-15,194 to 81-15,209 apply.
Neb. Rev. Stat. § 81-15,194 Administrator, defined.
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Administrator means the Administrator of the United States Environmental Protection Agency.
Neb. Rev. Stat. § 81-15,196 Director, defined.
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Director means the Director of Water, Energy, and Environment.
Neb. Rev. Stat. § 81-15,197 Environment, defined.
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Environment includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.
Neb. Rev. Stat. § 81-15,198 Extremely hazardous substance, defined.
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Extremely hazardous substance means a substance which meets the threshold requirements identified on the List of Extremely Hazardous Substances under 40 C.F.R. part 355, Appendices A and B.
Neb. Rev. Stat. § 81-15,199 Facility, defined.
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Facility means the buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person which controls, is controlled by, or is under common control with such person.
Neb. Rev. Stat. § 81-15,200 Governing body, defined.
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Governing body means the governing body of a village, city, or county.
Neb. Rev. Stat. § 81-15,201 Hazardous chemical, defined.
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Hazardous chemical has the same meaning as in 29 C.F.R. 1910.1200(c).
Neb. Rev. Stat. § 81-15,202 Hazardous substance, defined.
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Hazardous substance has the same meaning as in 40 C.F.R. part 302, Table 302.4.