2,166 sections in this chapter.
Neb. Rev. Stat. § 81-15,203 Inventory form, defined.
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Inventory form means an emergency and hazardous chemical inventory form required to be prepared by an owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970…
Neb. Rev. Stat. § 81-15,204 List of chemicals, defined.
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List of chemicals includes each of the following: (1) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., and regulations promulgated under the act, grouped in categories…
Neb. Rev. Stat. § 81-15,205 Material safety data sheet, defined.
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Material safety data sheet means the sheet required to be developed under 29 C.F.R. 1910.1200(g).
Neb. Rev. Stat. § 81-15,206 Release, defined.
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Release means to spill, leak, pump, pour, emit, empty, discharge, inject, escape, leach, dump, or dispose any hazardous chemical, extremely hazardous substance, or toxic chemical into the environment and includes the abandonment or discarding of barrels, containers, and other clo…
Neb. Rev. Stat. § 81-15,207 State Administrator, defined.
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State Administrator means the director of the Nebraska Emergency Management Agency.
Neb. Rev. Stat. § 81-15,208 Title III, defined.
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Title III means the Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended.
Neb. Rev. Stat. § 81-15,209 Toxic chemical, defined.
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Toxic chemical means a substance on the list in Committee Print Number 99-169, as amended, of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986", including any rev…
Neb. Rev. Stat. § 81-15,210 State Administrator.
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The director of the Nebraska Emergency Management Agency shall serve as the State Administrator of the Nebraska Emergency Planning and Community Right to Know Act.
Neb. Rev. Stat. § 81-15,212 Nebraska Emergency Management Agency; duties; emergency planning districts.
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(1) The Nebraska Emergency Management Agency shall: (a) Appoint local emergency planning committees pursuant to section 81-15,215; and (b) Supervise and coordinate the activities of the local emergency planning committees. (2) The Nebraska Emergency Management Agency shall design…
Neb. Rev. Stat. § 81-15,213 Nebraska Emergency Management Agency; Department of Water, Energy, and Environment; duties.
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(1) The Nebraska Emergency Management Agency shall supervise and coordinate emergency planning and training under section 305 of Title III and shall oversee and distribute all funds received under section 305 of Title III and section 81-15,214. (2) The Department of Water, Energy…
Neb. Rev. Stat. § 81-15,214 Nebraska Emergency Planning and Community Right to Know Cash Fund; created; use; investment.
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(1) There is hereby created the Nebraska Emergency Planning and Community Right to Know Cash Fund. The fund may receive gifts, bequests, grants, fees, or other contributions or donations from public or private entities. The fund shall be used to carry out the purposes of the Nebr…
Neb. Rev. Stat. § 81-15,215 Local emergency planning committee; members; terms.
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The Nebraska Emergency Management Agency shall appoint the members of each local emergency planning committee for each emergency planning district established after September 13, 1997. Only one local emergency planning committee shall be established in each district. To the exten…
Neb. Rev. Stat. § 81-15,216 Local emergency planning committee; chairperson; meetings.
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Each local emergency planning committee shall annually elect a chairperson. Each committee shall meet at least annually and may meet more often at the call of the chairperson or at the request of any three members.
Neb. Rev. Stat. § 81-15,217 Local emergency planning committee; powers and duties.
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(1) Each local emergency planning committee shall: (a) Establish rules governing the functioning of the committee consistent with the Open Meetings Act and sections 84-712 to 84-712.09. The rules shall include provisions for public notification of committee activities, public mee…
Neb. Rev. Stat. § 81-15,218 Facility; notifications required.
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(1) The owner or operator of each facility in which an extremely hazardous substance exceeding threshold planning quantities is present shall notify the Nebraska Emergency Management Agency that such facility is subject to the Nebraska Emergency Planning and Community Right to Kn…
Neb. Rev. Stat. § 81-15,219 Facility emergency coordinator.
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Within thirty days after the establishment of a committee for the emergency planning district in which a reporting facility is located, the owner or operator of the facility shall provide to the committee the name of a facility representative who will participate in the emergency…
Neb. Rev. Stat. § 81-15,220 Emergency plan; contents.
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Each emergency plan as required in subdivision (1)(c) of section 81-15,217 shall include, but not be limited to, the following: (1) Identification of facilities containing an extremely hazardous substance in an amount which exceeds the threshold planning quantity established for …
Neb. Rev. Stat. § 81-15,221 Emergency plan review.
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Each local emergency planning committee shall provide the emergency plan to the governing bodies having jurisdiction in the emergency planning district for review prior to submitting the plan to the Nebraska Emergency Management Agency. The Nebraska Emergency Management Agency sh…
Neb. Rev. Stat. § 81-15,222 Release notification.
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(1) An owner or operator of a facility shall immediately provide notice as described in subsection (2) of this section if: (a) A release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored and such release requires…
Neb. Rev. Stat. § 81-15,223 Material safety data sheet.
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(1) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., and regulations promulgated under the act shall submit a mat…
Neb. Rev. Stat. § 81-15,224 Tier II inventory form.
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(1) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical meeting threshold quantity requirements under regulations promulgated under Title III shall prepare and submit annually on or before Marc…
Neb. Rev. Stat. § 81-15,225 Toxic chemical release form.
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(1) The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under section 313(g) of Title III for each toxic chemical that was manufactured, processed, or otherwise used in quantities exceeding the …
Neb. Rev. Stat. § 81-15,226 Owner or operator; information to health professionals; confidentiality.
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(1) An owner or operator of a facility which is subject to the requirements of section 81-15,223, 81-15,224, or 81-15,225 and the requirements of Title III shall provide the specific chemical identity, if known, of a hazardous chemical, an extremely hazardous substance, or a toxi…
Neb. Rev. Stat. § 81-15,227 Exemption for transportation.
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Except as provided in section 81-15,222, the Nebraska Emergency Planning and Community Right to Know Act does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of the act, including the…
Neb. Rev. Stat. § 81-15,228 Local law; applicability.
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(1) Nothing in the Nebraska Emergency Planning and Community Right to Know Act shall: (a) Preempt any local law; (b) Except as provided in subsection (2) of this section, otherwise affect any local law or the authority of any local government to adopt or enforce any local law; an…
Neb. Rev. Stat. § 81-15,229 Inspection of information; publication of notice.
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(1) Each emergency plan, material safety data sheet, list of chemicals, inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 322 of Title III, during normal working hours at the location …
Neb. Rev. Stat. § 81-15,230 Violations; civil actions.
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(1) Any state or local government may commence a civil action against an owner or operator of a facility for failure to: (a) Provide notification to the Nebraska Emergency Management Agency under subsection (1) of section 81-15,218; (b) Submit a material safety data sheet or a li…
Neb. Rev. Stat. § 81-15,231 Civil action; jurisdiction.
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(1) Any action under section 81-15,230, except as provided in subsection (2) of this section, against an owner or operator of a facility shall be brought in the district court for the district in which the alleged violation occurred. (2) Any action under subsection (3) of section…
Neb. Rev. Stat. § 81-15,232 Civil action; restriction.
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No action may be commenced under section 81-15,230 against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty under Title III wi…
Neb. Rev. Stat. § 81-15,233 Court award costs of litigation; attorney's fees.
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(1) In issuing any final order in any action brought under the Nebraska Emergency Planning and Community Right to Know Act, the court may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substantially prevailing par…
Neb. Rev. Stat. § 81-15,234 Intervention.
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(1) In any action under the Nebraska Emergency Planning and Community Right to Know Act, the State of Nebraska, if not a party, may intervene as a matter of right. (2) In any action under the act, any person may intervene as a matter of right when such person has a direct interes…
Neb. Rev. Stat. § 81-15,235 Rules and regulations.
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The Nebraska Emergency Management Agency shall as necessary adopt and promulgate rules and regulations to carry out its responsibilities under the Nebraska Emergency Planning and Community Right to Know Act. The Environmental Quality Council shall adopt and promulgate rules and r…
Neb. Rev. Stat. § 81-15,236 Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, how cited.
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Sections 81-15,236 to 81-15,253 shall be known and may be cited as the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act.
Neb. Rev. Stat. § 81-15,237 Purposes of act.
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The purposes of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act are to: (1) Protect the air, water, and land of the state through the certification and regulation of private onsite wastewater treatment system professionals in N…
Neb. Rev. Stat. § 81-15,238 Definitions, where found.
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For purposes of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, the definitions in sections 81-15,240 to 81-15,244 shall be used.
Neb. Rev. Stat. § 81-15,240 Certified professional, defined.
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Certified professional means a private onsite wastewater treatment system professional certified under the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act to perform the tasks for which the certification has been issued.
Neb. Rev. Stat. § 81-15,241 Council, defined.
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Council means the Environmental Quality Council.
Neb. Rev. Stat. § 81-15,242 Department, defined.
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Department means the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 81-15,243 Director, defined.
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Director means the Director of Water, Energy, and Environment.
Neb. Rev. Stat. § 81-15,244 Private onsite wastewater treatment system, defined.
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Private onsite wastewater treatment system means any system of piping, treatment devices, or other appurtenances that convey, store, treat, or dispose of domestic or nondomestic wastewater, but not including wastewater from a livestock waste control facility, on the property wher…
Neb. Rev. Stat. § 81-15,247 Rules and regulations.
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The council shall adopt and promulgate rules and regulations to carry out the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act. Such rules and regulations shall provide for, but not be limited to: (1) Certification of private onsite…
Neb. Rev. Stat. § 81-15,248 Private onsite wastewater treatment system; professional required; when; registration; inspection and registration; director; powers; waiver of fees authorized.
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(1) A private onsite wastewater treatment system shall not be sited, laid out, constructed, closed, reconstructed, altered, modified, repaired, inspected, or pumped unless the siting, layout, construction, closure, reconstruction, alteration, modification, repair, inspection, or …
Neb. Rev. Stat. § 81-15,248.01 Fee schedule.
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The council shall adopt and promulgate rules and regulations to develop a fee schedule which covers direct and indirect costs to administer requirements related to private onsite wastewater treatment systems authorized by the Environmental Protection Act. Such costs include costs…
Neb. Rev. Stat. § 81-15,249 Certificate; grounds for discipline.
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The director may revoke, suspend, or refuse to grant or renew a certificate issued pursuant to the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, following opportunity for hearing, upon any reasonable ground, including, but not l…
Neb. Rev. Stat. § 81-15,250 Private Onsite Wastewater Treatment System Permit and Approval Cash Fund; created; investment.
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The Private Onsite Wastewater Treatment System Permit and Approval Cash Fund is created. Fees collected pursuant to section 81-15,248.01 shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department. Any money in the fund availa…
Neb. Rev. Stat. § 81-15,250.01 Private Onsite Wastewater Treatment System Certification and Registration Cash Fund; created; investment.
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The Private Onsite Wastewater Treatment System Certification and Registration Cash Fund is created. Fees collected pursuant to sections 81-15,247 and 81-15,248 shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department. Any m…
Neb. Rev. Stat. § 81-15,251 Certified professionals; additional requirements.
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The requirements of sections 81-1506 to 81-1511 shall apply to certified professionals.
Neb. Rev. Stat. § 81-15,252 Act; applicability.
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The Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act does not apply to a private onsite wastewater treatment system at an electric generation facility site owned by a district organized under Chapter 70, article 6.
Neb. Rev. Stat. § 81-15,253 Violation; penalty.
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Any person violating any provision of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act or rules and regulations adopted and promulgated pursuant to the act shall be subject to a civil penalty of not more than ten thousand dollar…
Neb. Rev. Stat. § 81-15,260 Volkswagen Settlement Cash Fund; created; use; investment.
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The Volkswagen Settlement Cash Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. All sums of money received from the Volkswagen Settlement shall be deposited in the fund. The department shall expend the fund in accordance with th…