Chapter 81 — STATE ADMINISTRATIVE DEPARTMENTS
2,602 sections in this chapter.
Neb. Rev. Stat. § 81-1560 Litter fee; manufacturer; wholesaler; products subject to; enumerated.
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The fee imposed by section 81-1559 shall be calculated only on the value of products or the gross proceeds of sales of products which directly contribute to litter as defined in section 81-1541 and which fall into the following categories: (1) Food for human or pet consumption; (…
Neb. Rev. Stat. § 81-1560.01 Annual litter fee; retailer; rate; collection and administration; license; revocation; violation; penalty.
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(1) There is hereby imposed on every person engaged in business within this state as a retailer selling products which fall within the categories enumerated in section 81-1560.02 an annual litter fee equal to one hundred seventy-five dollars for each one million dollars of gross …
Neb. Rev. Stat. § 81-1560.02 Litter fee; retailer; products subject to fee.
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The fee imposed by section 81-1560.01 shall be calculated only on the gross proceeds of sales of products falling into the following categories: (1) Food for human consumption, beverages, soft drinks, carbonated water, liquor, wine, beer, and other malt beverages, unless sold by …
Neb. Rev. Stat. § 81-1560.03 Litter fee; payment; nonduplication.
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Any person engaged in business as both a manufacturer and a retailer or as both a wholesaler and a retailer shall pay the fee either under section 81-1559 or 81-1560.01, whichever is greater. No person shall be required to pay a fee more than once on the same item or product unde…
Neb. Rev. Stat. § 81-1560.04 Litter fee; taxable and nontaxable sales; calculation.
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In lieu of requiring each license holder to separately account for taxable and nontaxable sales under sections 81-1560.01 and 81-1560.02, the Tax Commissioner shall provide by rule and regulation that the tax imposed under section 81-1560.01 may be reported and paid based on a pe…
Neb. Rev. Stat. § 81-1561 Litter Fee Collection Fund; created; use; investment; Nebraska Litter Reduction and Recycling Fund; distribution; purposes.
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(1) The Tax Commissioner shall deduct and withhold from the litter fee collected a fee sufficient to reimburse himself or herself for the cost of collecting and administering the litter fee and shall deposit such collection fee in the Litter Fee Collection Fund which is hereby cr…
Neb. Rev. Stat. § 81-1562 Annual grants; separate application.
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All grants under section 81-1561 shall be made on an annual basis. A separate application shall be required for each grant sought.
Neb. Rev. Stat. § 81-1563 Grant recipients; periodic reports.
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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 grant recipients to insure that the purposes of the Nebraska Litter Reduction and Recycling Act are being achieved.
Repealed. Laws 1981, LB 253, § 26.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-1565 Funds; department; adopt eligibility guidelines for recipients.
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The department shall adopt guidelines for the determination of eligibility of public and private agencies and persons to receive funds pursuant to the Nebraska Litter Reduction and Recycling Act and the determination of qualification and suitability of plans submitted by such age…
Neb. Rev. Stat. § 81-1566 Act; termination; extension; considerations.
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The Nebraska Litter Reduction and Recycling Act shall terminate on September 30, 2030, unless extended by the Legislature. In order to determine whether such extension shall occur, the department shall review and evaluate the extent to which the purposes of the act have been and …
Repealed. Laws 1999, LB 59, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-1567 Terms, defined.
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As used in sections 81-1567 to 81-1570, unless the context otherwise requires: (1) Discharge shall mean any leakage, seepage, or other release; (2) Hazardous materials shall mean all materials and substances which are defined as hazardous by Nebraska or federal law or by the regu…
Neb. Rev. Stat. § 81-1568 Volunteer; limitation on liability.
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Any volunteer or any person who provides assistance or advice in attempting to mitigate or in mitigating the effects of an actual or threatened discharge of hazardous materials or who attempts to prevent, dispose of, or clean up or prevents, disposes of, or cleans up any such dis…
Neb. Rev. Stat. § 81-1569 Limitation on liability; exceptions.
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Section 81-1568 shall not apply to any person: (1) Whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable; or (2) Who receives compensation other than reimbursement for out-of-pocket expenses for his or her services …
Neb. Rev. Stat. § 81-157 State property; inventory; how stamped; action to recover.
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(1) Except as otherwise provided in subsection (4) of this section, each executive, department, commission, or other state agency, and the Supreme Court, shall annually make or cause to be made an inventory of all property, including furniture and equipment, belonging to the Stat…
Neb. Rev. Stat. § 81-1570 Liability; when.
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Nothing in section 81-1568 shall be construed to limit or otherwise affect the liability of any person for damages resulting from his or her gross negligence or reckless or intentional misconduct.
Neb. Rev. Stat. § 81-1571 Department of Water, Energy, and Environment; Director of Water, Energy, and Environment; Chief Water Officer; employees of Department of Natural Resources; transfer; how treated.
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(1) On and after July 1, 2025, the Department of Natural Resources shall be merged into the Department of Environment and Energy, which shall be renamed as the Department of Water, Energy, and Environment, and the Director of Environment and Energy shall be renamed as the Directo…
Neb. Rev. Stat. § 81-1571.01 Property of Department of Natural Resources; transfer to Department of Water, Energy, and Environment.
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On July 1, 2025, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Natural Resources pertaining to the duties and functions transferred to the Department of Water, Energy, and Environment pursuant…
Neb. Rev. Stat. § 81-1572 Appropriation and salary limit of Department of Natural Resources; how treated.
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Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Ninth Legislature, First Session, to Agency No. 29, Department of Natural Resources, shall be null and void, and any such amounts are hereby appropriated to Agency No. 84, Department of…
Neb. Rev. Stat. § 81-1573 References to Department of Natural Resources or Department of Environment and Energy in contracts or other documents; how construed; contracts and records; how treated.
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On and after July 1, 2025, whenever the Department of Natural Resources or the Department of Environment and Energy is referred to or designated by any contract or other document in connection with the duties and functions of the Department of Natural Resources or the Department …
Neb. Rev. Stat. § 81-1573.01 Provisions of law; how construed.
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On and after July 1, 2025, unless otherwise specified, whenever any provision of law refers to the Department of Natural Resources or the Department of Environment and Energy in connection with duties and functions of the Department of Water, Energy, and Environment, such law sha…
Neb. Rev. Stat. § 81-1574 Actions and proceedings; how treated.
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No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2025, or which could have been commenced prior to that date, by or against the Department of Natural Resources or the Department of Environment and Energy, or any director or any…
Repealed. Laws 2016, LB712, § 4.
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[Repealed or reserved.]
Repealed. Laws 2016, LB712, § 4.
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[Repealed or reserved.]
Repealed. Laws 2016, LB712, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-1577.01 Motor vehicle fuel storage tanks; aboveground tanks authorized.
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(1) The State Fire Marshal shall permit by rule and regulation, in cities, in villages, and in unincorporated areas, the installation of aboveground tanks used for the storage of motor vehicle fuel by dealers who sell motor vehicle fuel at retail. (2) For purposes of this section…
Neb. Rev. Stat. § 81-1578 Low-Level Radioactive Waste Disposal Act, how cited.
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Sections 81-1578 to 81-15,116 shall be known and may be cited as the Low-Level Radioactive Waste Disposal Act.
Neb. Rev. Stat. § 81-1579 Legislative policy.
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(1) The Legislature hereby declares that it is the policy of the State of Nebraska, in furtherance of its responsibility to cooperate and coordinate with the Central Interstate Low-Level Radioactive Waste Compact Commission and to protect the health, safety, and welfare of its ci…
Neb. Rev. Stat. § 81-1579.01 Offices of commission; legislative intent.
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It is the intent of the Legislature that the Central Interstate Low-Level Radioactive Waste Compact Commission shall establish a satellite office in the State of Nebraska within thirty days after May 26, 1989, and shall establish its central offices in the State of Nebraska prior…
Neb. Rev. Stat. § 81-158 State purchasing bureau; use reverse auction; powers and duties.
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(1) Notwithstanding any other provision of law, the state purchasing bureau created by section 81-152 may use a reverse auction for the acquisition of goods if the bureau determines that the use of a reverse auction would be advantageous to the state. (2) If the bureau conducts a…
Neb. Rev. Stat. § 81-1580 Act; purpose.
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The purpose of the Low-Level Radioactive Waste Disposal Act is to effectuate the policies set forth in section 81-1579 by providing: (1) A program of effective regulation of disposal of low-level radioactive waste based on zero-release objectives that will protect the public heal…
Neb. Rev. Stat. § 81-1581 Definitions, where found.
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For purposes of the Low-Level Radioactive Waste Disposal Act, unless the context otherwise requires, the definitions found in sections 81-1582 to 81-1597 shall be used.
Neb. Rev. Stat. § 81-1582 Byproduct material, defined.
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Byproduct material shall mean (1) any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material and (2) the tailings or wastes produced by the extra…
Neb. Rev. Stat. § 81-1583 Closure or site closure and stabilization, defined.
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Closure or site closure and stabilization shall mean those actions that are taken upon completion of operations which prepare the disposal site for custodial care and which assure that the disposal site will remain stable and will not need ongoing active maintenance.
Neb. Rev. Stat. § 81-1584 Council, defined.
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Council shall mean the Environmental Quality Council.
Neb. Rev. Stat. § 81-1584.01 Custodial care, defined.
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Custodial care shall mean the continued observation, monitoring, and care of a facility for a minimum of one hundred years following the operational life of the facility and closure pursuant to the rules and regulations of the department.
Neb. Rev. Stat. § 81-1585 Decommissioning, defined.
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Decommissioning shall mean final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for posto…
Neb. Rev. Stat. § 81-1586 Department, defined.
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Department shall mean the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 81-1586.01 Developer, defined.
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Developer shall mean any person or commercial entity seeking to site, license, or operate a facility within this state.
Neb. Rev. Stat. § 81-1587 Director, defined.
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Director shall mean the Director of Water, Energy, and Environment.
Neb. Rev. Stat. § 81-1588 Disposal, defined.
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Disposal shall mean the isolation and final disposition of radioactive waste from the biosphere by emplacement in a facility that employs technology dictated by a zero-release objective.
Neb. Rev. Stat. § 81-1589 High-level radioactive waste, defined.
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High-level radioactive waste shall mean (1) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or equivalent in a facility for reprocessin…
Repealed. Laws 2024, LB461, § 53.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-1590 Facility, defined.
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Facility shall mean the land, building, and equipment selected pursuant to the Central Interstate Low-Level Radioactive Waste Compact and used or to be used for the disposal of low-level radioactive waste.
Neb. Rev. Stat. § 81-1590.01 Licensed facility operator, defined.
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Licensed facility operator shall mean any person or entity who has obtained a license under the Low-Level Radioactive Waste Disposal Act to operate a facility, including any person or entity to whom an assignment of a license is approved by the department.
Neb. Rev. Stat. § 81-1591 Low-level radioactive waste, defined.
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Low-level radioactive waste shall mean radioactive waste not classified as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in subdivision (2) of section 81-1582 and classified by the federal government as low-level radioactive waste but shall no…
Neb. Rev. Stat. § 81-1591.01 Operational life of the facility, defined.
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Operational life of the facility shall mean the period of time commencing when low-level radioactive waste is initially received at the facility and ending when the facility permanently ceases to receive such waste for disposal.
Neb. Rev. Stat. § 81-1592 Person, defined.
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Person shall mean any individual, corporation, partnership, limited liability company, firm, association, joint venture, trust, estate, public or private institution, group, public agency, political subdivision of this state, any other state or political subdivision or agency the…
Neb. Rev. Stat. § 81-1593 Radioactive material, defined.
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Radioactive material shall mean any material, solid, liquid, or gas, which emits ionizing radiation spontaneously. Radioactive material shall include accelerator-produced, byproduct, naturally occurring, source, and special nuclear materials.