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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-15,261 Environmental Safety Act, how cited.
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Sections 81-15,261 to 81-15,291 shall be known and may be cited as the Environmental Safety Act.
Neb. Rev. Stat. § 81-15,262 Legislative findings.
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The Legislature finds that: (1) Best practices in environmental safety and protection recognize that the regulation of water supply and disposal infrastructure are connected; (2) The proper design, construction, and monitoring of water and wastewater uses is critical for the safe…
Neb. Rev. Stat. § 81-15,263 Environmental Safety Act; terms, defined.
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For purposes of the Environmental Safety Act: (1) Department means the Department of Water, Energy, and Environment; (2) Director means the Director of Water, Energy, and Environment; and (3) Local government means a county, city, or village or a local public health department as…
Neb. Rev. Stat. § 81-15,264 Swimming pool, defined.
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For purposes of sections 81-15,264 to 81-15,270, unless the context otherwise requires: (1) Swimming pool means any artificial basin of water modified, improved, constructed, or installed solely for the purpose of public swimming, wading, diving, recreation, or instruction; (2) S…
Neb. Rev. Stat. § 81-15,265 Swimming pools; construction; sanitary and safety requirements; department; local government; duties.
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(1) The department shall adopt and have available minimum sanitary and safety requirements in the form of regulations for the design, construction, equipment, and operation of swimming pools and bather preparation facilities. Such regulations shall include, but not be limited to,…
Neb. Rev. Stat. § 81-15,267 Swimming pools constructed prior to January 1, 1970; operation; requirements.
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Swimming pools constructed prior to January 1, 1970, which do not fully comply with design and construction requirements may continue to operate if the equipment and operation of such swimming pool comply with the minimum sanitary and safety requirements.
Neb. Rev. Stat. § 81-15,268 Swimming pools; local government; inspection; fees; records; department; classification; plans and specifications; fees; disposition; certificate of competency; existing rules, regulations, licenses, permits, forms of approval, suits, other proceedings; how treated.
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(1) The local government which exercises jurisdiction over a swimming pool shall inspect such swimming pool to determine that such swimming pool complies with the minimum sanitary and safety requirements established by the local government. (2) A local government may establish an…
Neb. Rev. Stat. § 81-15,270 Swimming pools; failure to comply with requirements; enforcement, penalties, or other remedies; established by local government.
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Any owner or operator of a swimming pool failing to maintain a certificate of competency as required by section 81-15,268 or failing to comply with the minimum sanitary and safety requirements established by the local government exercising jurisdiction over such swimming pool sha…
Neb. Rev. Stat. § 81-15,271 Recreation camps; terms, defined.
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For purposes of sections 81-15,271 to 81-15,277, unless the context otherwise requires: (1) Recreation camp means one or more temporary or permanent tents, buildings, structures, or site pads, together with the tract of land appertaining thereto, established or maintained for mor…
Neb. Rev. Stat. § 81-15,273 Recreation camps; inspection; local government; powers and duties.
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The local government which exercises jurisdiction over a recreation camp may make inspections of such recreation camp. The local government shall have the right of entry and access to any such camp at any reasonable time. Where, upon inspection, it is found that there is failure …
Neb. Rev. Stat. § 81-15,274 Recreation camps; suspension of operation by local government; grounds.
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Operation of a recreation camp may be temporarily suspended by the local government which exercises jurisdiction over such recreation camp for failure to protect the health and safety of the occupants of the camp or failure to comply with the minimum health and safety requirement…
Neb. Rev. Stat. § 81-15,275 Recreation camps; minimum health and safety requirements; local government; adopt.
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A local government may by resolution, ordinance, or regulation adopt minimum health and safety requirements to protect the health and safety of persons in attendance at recreation camps.
Neb. Rev. Stat. § 81-15,277 Recreation camps; minimum health and safety requirements; violations; enforcement, penalties, or other remedies; established by local government.
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Any person who violates the minimum health and safety requirements of a recreation camp which were established by the local government which exercises jurisdiction over such recreation camp shall be subject to enforcement, penalties, or other remedies as established by such local…
Neb. Rev. Stat. § 81-15,278 Uniform Standard Code for Mobile Home Parks, how cited.
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Sections 81-15,278 to 81-15,291 shall be known and may be cited as the Uniform Standard Code for Mobile Home Parks.
Neb. Rev. Stat. § 81-15,279 Mobile home parks; terms, defined.
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As used in the Uniform Standard Code for Mobile Home Parks, unless the context otherwise requires: (1) Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year…
Neb. Rev. Stat. § 81-15,288 Mobile home parks; minimum requirements; local government; adopt; licenses; issuance.
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(1) A local government may by resolution, ordinance, or regulation adopt minimum requirements for the establishment, operation, and maintenance of mobile home parks. (2) A local government may issue licenses for the establishment, operation, and maintenance of mobile home parks w…
Neb. Rev. Stat. § 81-15,289 Mobile home parks; minimum requirements; violations; enforcement, penalties, or other remedies; established by local government; nuisance; penalty; removal.
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Any person who establishes, conducts, operates, or maintains a mobile home park in violation of the minimum requirements of a mobile home park established by the local government which exercises jurisdiction over such mobile home park shall be subject to enforcement, penalties, o…
Neb. Rev. Stat. § 81-15,291 Mobile home parks; fire safety inspection; fee.
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A local government may request the State Fire Marshal to inspect for fire safety any mobile home park which the local government exercises jurisdiction over, pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 an…
Neb. Rev. Stat. § 81-15,299 Environmental Safety Cash Fund; created; termination; use; investment.
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There is hereby created the Environmental Safety Cash Fund which shall be used to pay the expenses of the Department of Water, Energy, and Environment related to issuance and renewal of licenses and permits and annual inspections, including sections 81-15,268, 81-15,272, 81-15,28…
Neb. Rev. Stat. § 81-15,300 Engineering Plan Review Cash Fund; created; use; investment.
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There is hereby created the Engineering Plan Review Cash Fund which shall be used to pay the expenses of the Department of Water, Energy, and Environment related to engineering reviews of plans and specifications, including those under subsection (4) of section 81-15,268. Transfe…
Neb. Rev. Stat. § 81-15,301 Nebraska Environmental Response Act, how cited.
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Sections 81-15,301 to 81-15,311 shall be known and may be cited as the Nebraska Environmental Response Act.
Neb. Rev. Stat. § 81-15,302 Terms, defined.
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For purposes of the Nebraska Environmental Response Act: (1) Cleanup means all actions necessary to contain, collect, secure, control, identify, prevent, mitigate, analyze, treat, disperse, remove, or dispose of a pollutant necessary to restore the environment to the extent pract…
Neb. Rev. Stat. § 81-15,303 Nebraska Environmental Response Cash Fund; created; use; investment.
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The Nebraska Environmental Response Cash Fund is created. The fund shall consist of transfers authorized by the Legislature, grants, contributions designated for the purpose of the fund, and money recovered under the Nebraska Environmental Response Act. The fund shall be administ…
Neb. Rev. Stat. § 81-15,304 Director; powers.
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For purposes of cleanup under the Nebraska Environmental Response Act, the director may: (1) Issue orders requiring a person responsible for a release to clean up the release; (2) Take necessary action to clean up or terminate the release of a pollutant if a person responsible fo…
Neb. Rev. Stat. § 81-15,305 Rules and regulations.
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The director may adopt and promulgate rules and regulations necessary to carry out the Nebraska Environmental Response Act.
Neb. Rev. Stat. § 81-15,306 Authorized representative; access to property; obstruction; prohibited.
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No person shall refuse entry to, or access by, an authorized representative of the department to property for the purpose of responding to a release of a pollutant or cleanup of a release if such authorized representative presents appropriate credentials. No person shall hamper o…
Neb. Rev. Stat. § 81-15,307 Release of pollutant; cleanup; responsibility; liability; administrative penalty; director; powers and duties.
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(1) Whenever a pollutant is released, a person responsible for the release shall be responsible for the cleanup of the release. (2) If the state responds to a release, a person responsible for the release shall be liable to the state for the reasonable cleanup costs incurred by t…
Neb. Rev. Stat. § 81-15,308 Voluntary remediation.
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In lieu of issuing an order under section 81-15,304, the director may allow the responsible person or any other person to voluntarily remediate site conditions under the Remedial Action Plan Monitoring Act. A person that voluntarily chooses to apply under section 81-15,184 must m…
Neb. Rev. Stat. § 81-15,309 Cleanup costs; environmental lien.
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(1) All cleanup costs for which a person is liable to the state under section 81-15,307 shall constitute a lien in favor of the state upon any real property that is owned by such person and subject to or affected by the cleanup. (2) An environmental lien attaches when: (a) Cleanu…
Neb. Rev. Stat. § 81-15,310 Violations; enforcement; procedure; appeal.
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Whenever the director has reason to believe that a violation has occurred of any provision of the Nebraska Environmental Response Act, an order issued under the act, or any rule or regulation adopted and promulgated under the act, the director may cause an administrative order to…
Neb. Rev. Stat. § 81-15,311 Act, how construed.
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Nothing in the Nebraska Environmental Response Act precludes the director or department from taking any other action allowed by law, including seeking enforcement for injunctive relief or seeking civil or criminal penalties for any violation that may have occurred.
Neb. Rev. Stat. § 81-15,312 Real-time nitrate sensors; legislative intent to appropriate.
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It is the intent of the Legislature to appropriate one million dollars for fiscal year 2024-25 from the General Fund to the Department of Water, Energy, and Environment to fund the installation of real-time nitrate sensors in monitoring wells statewide to prioritize nitrate manag…
Neb. Rev. Stat. § 81-15,313 Home Weatherization Clearinghouse; established; duties.
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(1) The Legislature hereby finds and declares that Nebraska is experiencing a persistent and present crisis in regards to affordable quality housing, as evidenced by lower inventory than required to support and sustain a healthy housing market. Housing inventory and availability …
Neb. Rev. Stat. § 81-15,314 Safe Battery Collection and Recycling Act, how cited.
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Sections 81-15,314 to 81-15,330 shall be known and may be cited as the Safe Battery Collection and Recycling Act.
Neb. Rev. Stat. § 81-15,315 Terms, defined.
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For purposes of the Safe Battery Collection and Recycling Act: (1)(a) Battery containing product means a product that contains or is packaged with a covered battery. (b) Battery containing product does not include computers, small-scale servers, computer monitors, electronic keyb…
Neb. Rev. Stat. § 81-15,316 Battery stewardship organization; membership required; when; covered battery or battery containing product; sale, offer for sale, or distribute for sale; restrictions; fee, prohibited.
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(1) Beginning January 1, 2028, no producer or retailer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the producer of the covered battery or battery containing product is a member of a battery stewar…
Neb. Rev. Stat. § 81-15,317 Battery stewardship plan; amendments; approval required; contents; fee.
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(1) Each battery stewardship organization shall submit a battery stewardship plan to the department for review and approval by January 1, 2027. (2) A battery stewardship plan shall have a term of no more than five years and shall include all of the following: (a) The names and co…
Neb. Rev. Stat. § 81-15,318 Battery stewardship organization; costs; reimbursements; charges; duties.
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A battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall: (1) Be responsible for all costs associated with implementing the plan; (2) Reimburse local governmental units for demonstrable costs incurred as a result of a local…
Neb. Rev. Stat. § 81-15,319 Battery stewardship organization; collection duties.
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(1) A battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall do all of the following: (a) Provide for the collection of all covered batteries from any person, regardless of the chemistry or brand of the battery, on a free, …
Neb. Rev. Stat. § 81-15,320 Battery stewardship organization; promotional activities.
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A battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall do all of the following to promote the implementation of the plan: (1) Develop and maintain a website; (2) Develop and place advertisements on social media or other r…
Neb. Rev. Stat. § 81-15,321 Battery stewardship organization; report to department; contents; audit.
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(1) No later than June 1, 2029, and no later than June 1 of each year thereafter, a battery stewardship organization implementing a battery stewardship plan approved under section 81-15,317 shall submit to the department a report that includes: (a) A summary financial statement d…
Neb. Rev. Stat. § 81-15,322 Department; include information on website.
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(1) Subject to subsection (2) of this section, the department shall include on its website: (a) A copy of all battery stewardship plans approved under section 81-15,317 and any amendments to such plans; (b) The names of the producer members covered under an approved battery stewa…
Neb. Rev. Stat. § 81-15,323 Liability.
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A producer, retailer, or battery stewardship organization is not liable for any claim of a violation of antitrust laws or laws relating to fraudulent, deceptive, or unfair methods of competition or trade practices arising from conduct that complies with a battery stewardship plan…
Neb. Rev. Stat. § 81-15,324 Collection and recycling services; operation; conditions.
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(1) Nothing in the Safe Battery Collection and Recycling Act prevents or prohibits a person from offering or performing a fee-based household collection service or a mail-back service for covered batteries or a recycler located in this state from offering a fee-based battery coll…
Neb. Rev. Stat. § 81-15,325 Covered battery; disposal; requirements; solid waste facility; solid waste collector; treatment.
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(1) Beginning January 1, 2028, all of the following shall apply: (a) A person may dispose of a covered battery only by delivery to a collection site or collection event operated under a battery stewardship plan approved under section 81-15,317, unless the battery is regulated as …
Neb. Rev. Stat. § 81-15,326 Violations; civil penalties; false material statement; penalty; injunction.
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(1) Any person who violates the Safe Battery Collection and Recycling Act, other than a violation of section 81-15,325, shall be subject to a civil penalty of ten thousand dollars for each violation. Any person who fails to pay the fee required under subsection (7) of section 81-…
Neb. Rev. Stat. § 81-15,327 Department; review studies and assessments; report.
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(1) The department shall review and evaluate the studies and assessments carried out by Illinois, Vermont, and Washington regarding whether products or batteries that are not currently covered by the Safe Battery Collection and Recycling Act should be covered at a later date. The…
Neb. Rev. Stat. § 81-15,328 Battery stewardship organization; civil actions; authorized.
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(1) A battery stewardship organization implementing an approved battery stewardship plan may bring a civil action or actions to recover costs, damages, and fees, as specified in this subsection, from a producer who sells or otherwise makes available in Nebraska covered batteries …
Neb. Rev. Stat. § 81-15,329 Battery Stewardship Cash Fund; created; use; investment.
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The Battery Stewardship Cash Fund is created. The fund shall consist of fees collected under section 81-15,317. The fund shall be administered by the department and shall only be used for purposes of carrying out the Safe Battery Collection and Recycling Act. Any money in the fun…
Neb. Rev. Stat. § 81-15,330 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Safe Battery Collection and Recycling Act.