Chapter 81 — STATE ADMINISTRATIVE DEPARTMENTS
2,602 sections in this chapter.
Neb. Rev. Stat. § 81-1505.02 Mineral exploration holes; rules and regulations.
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The council may adopt and promulgate rules and regulations governing mineral exploration holes prior to August 1, 1983, but such rules and regulations shall not be effective until such date. The council shall adopt and promulgate rules and regulations authorized by the amendments…
Neb. Rev. Stat. § 81-1505.03 Small Business Compliance Advisory Panel; created; members; duties; expenses.
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(1) There is hereby created the Small Business Compliance Advisory Panel. The panel shall consist of the following: (a) Two members who are not owners or representatives of owners of small business stationary sources of air emissions selected by the Governor to represent the gene…
Neb. Rev. Stat. § 81-1505.04 Annual emission fee; payment; amount; adjustment; allocation of costs; department; duties.
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(1)(a) The department shall collect an annual emission fee from major sources of air pollution. Each major source shall pay the emission fee for regulated pollutants in the amount of twenty-five dollars per ton per pollutant or as adjusted pursuant to this section. The fee shall …
Neb. Rev. Stat. § 81-1505.05 Clean Air Title V Cash Fund; created; use; investment.
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The Clean Air Title V Cash Fund is created. The department shall remit all fees collected pursuant to section 81-1505.04 to the State Treasurer for credit to the fund. Any fee collected pursuant to section 81-1505.04 shall be used solely to pay the reasonable direct and indirect …
Neb. Rev. Stat. § 81-1505.06 Air quality construction permit; fees; Air Quality Permit Cash Fund; created; use; investment.
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(1) Beginning January 1, 2005, each application for an air quality construction permit required by rules and regulations adopted pursuant to subsection (12) of section 81-1505 shall be accompanied by an application fee. If fees are required under more than one subdivision of this…
Neb. Rev. Stat. § 81-1506 Unlawful acts.
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(1) It shall be unlawful for any person: (a) To cause pollution of any air, waters, or land of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any air, waters, or land of the state; or (b) To discharge or emit any w…
Neb. Rev. Stat. § 81-1507 Director; violations; hearings; orders.
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(1) Whenever the director has reason to believe that a violation of any provision of the Environmental Protection Act, the Integrated Solid Waste Management Act, the Livestock Waste Management Act, a rule or regulation pursuant to such acts, or any order of the department has occ…
Neb. Rev. Stat. § 81-1508 Violations of Environmental Protection Act, Integrated Solid Waste Management Act, or Livestock Waste Management Act; civil penalties; injunctions.
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(1) Any person who violates any of the provisions of the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act, fails to perform any duty imposed by either act or any rule or regulation issued thereunder, or violates any or…
Neb. Rev. Stat. § 81-1508.01 Violations of Environmental Protection Act, Integrated Solid Waste Management Act, or Livestock Waste Management Act; criminal penalties.
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(1) Any person who violates the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act by knowingly and willfully committing any of the following offenses shall be guilty of a Class IV felony: (a) Violating any water polluti…
Neb. Rev. Stat. § 81-1508.02 Unlawful acts; civil penalty.
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(1) It shall be unlawful for any person: (a) To refuse the right of entry and inspection to any authorized representative of the department when the representative is acting under the provisions of a permit issued by the department; (b) To violate any air, water, or land quality …
Neb. Rev. Stat. § 81-1509 Appeal; procedure.
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An appeal may be taken from any final decision of the director, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 81-151 Materiel administrator; bond or insurance.
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Before entering upon the discharge of his or her duties, the materiel administrator shall be bonded or insured as required by section 11-201. Neither expiration of term of office nor removal therefrom shall operate as a discharge of the bond or termination of the insurance, but i…
Neb. Rev. Stat. § 81-1510 Director; voluntary compliance; records.
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(1) The director shall make every effort to obtain voluntary compliance through warning, conference, or any other appropriate means prior to initiating enforcement proceedings, except that such requirement shall not be construed to alter enforcement duties or requirements of the …
Neb. Rev. Stat. § 81-1511 Department; inspections; search warrants.
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Any duly authorized officer, employee, or representative of the director may at any reasonable time, with the consent of the person or persons in control of an air, land, or water contaminant source, or property where dredged or fill material is being discharged, enter and inspec…
Neb. Rev. Stat. § 81-1512 Department; emergency powers.
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Nothing in the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act shall be construed to limit any power which the Governor or any other officer may have to declare an emergency and act on the basis of such declaration if…
Neb. Rev. Stat. § 81-1513 Variances from rules or regulations; notice; conditions for granting; appeal.
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(1) Any person who owns or is in control of any plant, building structure, process, or equipment may apply to the director for a variance from rules or regulations. The director may grant such variance if he or she finds that the emissions or discharges occurring or proposed to o…
Neb. Rev. Stat. § 81-1514 Land resources; public policy.
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It is hereby declared to be the public policy of the State of Nebraska to achieve and maintain such a reasonable degree of purity of the land resources of the state as will protect human health and safety, and, to the greatest degree practicable, prevent injury to plant and anima…
Neb. Rev. Stat. § 81-1515 Dredge and Fill Cash Fund; created; use; investment.
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The Dredge and Fill Cash Fund is hereby created. The department shall remit all fees collected pursuant to subsection (24) of section 81-1505 and money received by the department in the form of gifts, grants, reimbursements, or monetary transfers from any source intended to be us…
Neb. Rev. Stat. § 81-1516 Refuse, garbage, and rubbish; disposal; conditions.
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No person shall dispose of any refuse, garbage, or rubbish at any place except a disposal area for which a permit has been issued as provided by the Environmental Protection Act or, on and after October 1, 1993, in a facility for which a permit has been issued under the Integrate…
Neb. Rev. Stat. § 81-1517 Political subdivision; permits; department; powers; evaluation and determination of terms and conditions; factors.
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(1) In issuing permits to any political subdivision under the National Pollutant Discharge Elimination System created by the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., the department may exercise all possible discretion allowed by the United States Environmental Protect…
Neb. Rev. Stat. § 81-1518 Environmental Infrastructure Sustainability Fund; created; use; investment.
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The Environmental Infrastructure Sustainability Fund is created. The fund shall be administered by the department. Revenue from the following sources shall be credited to the fund: (1) Application fees collected under section 81-1519; (2) reimbursements for actual costs necessary…
Neb. Rev. Stat. § 81-1519 Political subdivision; evaluation; application fee; costs; refund.
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Any political subdivision requesting an evaluation authorized under section 81-1517 shall submit a request on a form approved by the department and provide the department with an application fee not to exceed five thousand dollars. If the costs of the department exceed the initia…
Neb. Rev. Stat. § 81-152 Materiel division; established; duties; materiel administrator; branches; established.
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The materiel division of the Department of Administrative Services is hereby established and shall be managed by the materiel administrator. There are hereby established the following seven branches of the materiel division of the Department of Administrative Services which shall…
Neb. Rev. Stat. § 81-1520 Political subdivision; evaluation; fee schedule.
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The council shall adopt and promulgate rules and regulations to establish a tiered application fee schedule to be charged to political subdivisions requesting an environmental infrastructure sustainability evaluation as authorized under section 81-1517. The rules and regulations …
Repealed. Laws 1974, LB 1029, § 10.
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[Repealed or reserved.]
Transferred to section 81-1521.15.
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[Repealed or reserved.]
Transferred to section 81-1521.17.
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[Repealed or reserved.]
Transferred to section 81-1521.20.
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[Repealed or reserved.]
Transferred to section 81-1521.21.
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[Repealed or reserved.]
Transferred to section 81-1521.22.
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[Repealed or reserved.]
Transferred to section 81-1521.23.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 152, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-1521.08 Hazardous waste; terms, defined.
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For purposes of sections 81-1521.08 to 81-1521.23, unless the context otherwise requires: (1) Chief executive officer shall mean the mayor, city manager, or chairperson of the board of trustees of a municipality; (2) Commercial hazardous waste management facility shall mean a haz…
Neb. Rev. Stat. § 81-1521.09 Hazardous waste; commercial hazardous waste management facility; notice of intent to apply for permit; fee; site review committee; director; appoint designee.
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(1) Commencing on June 30, 1988, any person who desires a permit for a commercial hazardous waste management facility shall, at least one hundred eighty days prior to making application therefor, file a notice of intent with the director on a form provided by the director. The no…
Neb. Rev. Stat. § 81-1521.10 Hazardous waste; site review committee; membership.
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(1) The committee shall consist of twelve members, six of whom shall be local members and six of whom shall be regional members. (2) The six local members shall be chosen as follows: (a) If the proposed facility will be located within the zoning jurisdiction of a municipality, th…
Neb. Rev. Stat. § 81-1521.11 Hazardous waste; site review committee; meetings; officers; professional facilitator.
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The director shall organize a meeting of the committee within twenty-one days of the filing of a notice of intent by an applicant. The director shall serve as temporary chairperson of the committee and shall select as a professional facilitator a person trained in group dynamics …
Neb. Rev. Stat. § 81-1521.12 Hazardous waste; department; provide staff; applicant; pay expenses.
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The department shall provide a secretary and other staff persons to assist the committee. The applicant shall pay the expenses for such clerical and other help and the salary of the professional facilitator, shall pay the costs of printing the committee's report, and shall reimbu…
Neb. Rev. Stat. § 81-1521.13 Hazardous waste; site review committee; consider factors; enumerated.
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Factors to be considered by the committee shall include, but not be limited to: (1) Economic considerations such as whether the facility is needed, profit expectations for the facility, how the facility will be operated, effects on the community, the potential for compensation to…
Neb. Rev. Stat. § 81-1521.14 Hazardous waste; site review committee; issue report; contents.
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The committee shall issue a report no later than one hundred eighty days from the date the notice of intent is filed, except that the deadline may be extended by mutual agreement between the applicant and the committee. The report shall document the discussion of community concer…
Neb. Rev. Stat. § 81-1521.15 Commercial hazardous waste management facility; application for permit.
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At the conclusion of the process involving the committee, the person desiring a permit for a commercial hazardous waste management facility shall make application therefor to the director on a form provided by the director. The application shall contain the name and residence of …
Neb. Rev. Stat. § 81-1521.16 Commercial hazardous waste management facility; application; hearing by local governing body.
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If the application for a commercial hazardous waste management facility contains all of the information required by the department, the director shall send a copy of the application, of the committee's report, and of any response by the applicant to the report to the county board…
Neb. Rev. Stat. § 81-1521.17 Commercial hazardous waste management facility; notice of hearing; decision by local governing body.
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Before the county board, city council, or board of trustees approves or disapproves a proposed commercial hazardous waste management facility, notice shall be given once at least thirty days but not more than forty days before the hearing and a second time at least ten days befor…
Neb. Rev. Stat. § 81-1521.18 Commercial hazardous waste management facility; appeal of decision.
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The disapproval decision made by the local governing body may be appealed to district court. The court may affirm the decision or it may reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the decision is: (1) In violation o…
Neb. Rev. Stat. § 81-1521.19 Commercial hazardous waste management facility; approval; director; duties.
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Following approval action by the local governing body, the director shall determine if the proposed facility complies with the provisions of the Environmental Protection Act and all rules, regulations, and standards promulgated pursuant to such act. The review shall include, but …
Neb. Rev. Stat. § 81-1521.20 Commercial hazardous waste management facility; publication of notice; additional hearing; permit; issuance; conditions.
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The department shall publish notice of an application for a permit for a commercial hazardous waste management facility, together with the action taken by the local governing body, the director's decision, and whether the permit will be granted or denied, in a legal newspaper eit…
Neb. Rev. Stat. § 81-1521.21 Commercial hazardous waste management facility; permittee; financial responsibility and insurance.
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As a condition of granting a permit for any commercial hazardous waste management facility, the permittee shall provide proof of financial responsibility pursuant to subdivision (21)(a) of section 81-1505 and liability insurance, including coverage against nonsudden and accidenta…
Neb. Rev. Stat. § 81-1521.22 Commercial hazardous waste management facility permit; expiration; renewal.
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Permits shall expire five years following the date of issuance but may be renewed if the permittee has complied with the provisions of the Environmental Protection Act and the rules and regulations adopted and promulgated thereunder.
Neb. Rev. Stat. § 81-1521.23 Commercial hazardous waste management facility permit; revocation; when.
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The director may revoke the permit for a commercial hazardous waste management facility, pursuant to subsection (3) of section 81-1507, if he or she finds that the facility is not being operated in accordance with the Environmental Protection Act and rules and regulations adopted…
Neb. Rev. Stat. § 81-1522 Water Quality and Quantity Cash Fund; created; use; investment; permits; fees; exemption.
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(1) The Water Quality and Quantity Cash Fund is created. The department shall remit all fees collected pursuant to this section and money received by the department in the form of gifts, grants, reimbursements, or monetary transfers from any source intended to be used for the pur…
Neb. Rev. Stat. § 81-1523 Accumulation of junk; unlawful.
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It shall be unlawful for any property owner or person in lawful possession of property to allow the accumulation of junk on property that is not purely agricultural in character to the extent that such accumulation is a potential hazard to health.