reglab/housing_qa huggingface dataset:
NE Code § 81-1599 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-1599 - Department; powers and duties.

81-1599.  Department; powers and duties.The department shall have and may exercise the following powers and duties to carry out the Low-Level Radioactive Waste Disposal Act:(1) Develop a program for the regulation of disposal of low-level radioactive waste based on a zero-release objective;(2) Issue, modify, suspend, or revoke licenses or orders;(3) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and other organizations concerned with control of sources of radiation;(4) Accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;(5) Enter upon any private or public property at all reasonable times to determine compliance with the act and rules and regulations adopted and promulgated pursuant to the act;(6) Institute training programs to qualify personnel to administer the act and make such personnel available for participation in any programs of the federal government, other states, or interstate agencies in furtherance of the purposes of the act;(7) Enter into agreements with the federal government, other states, or interstate agencies by which the department agrees to perform inspections and other functions relating to the disposal of low-level radioactive waste on a cooperative basis with the federal government, other states, or interstate agencies;(8) Require submission of plans, specifications, and other data for siting, construction, and operation of a facility;(9) Require proper operation and maintenance of a facility;(10) Require licensees (a) to keep detailed records of each and every release which may cause or contribute to air, water, or land pollution or to the exposure to the environment of radioactive or hazardous substances, (b) to inform the department of each such event within twenty-four hours of its occurrence, and (c) to make such records available for inspection by the department, the public, and other interested persons;(11) Require licensees to adopt low-level radioactive waste technological and operative procedures consistent with a zero-release objective; and(12) Exercise all incidental powers necessary to carry out the purposes of the Low-Level Radioactive Waste Disposal Act.Source   Laws 1986, LB 491, § 22;   Laws 1987, LB 426, § 9.
NE Code § 81-1599.01 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-1599.01 - Acceptance of applications for licensure; limitation.

81-1599.01.  Acceptance of applications for licensure; limitation.The department shall not accept any applications for licensure as provided in section 81-15,101 prior to October 1, 1989.Source  Laws 1988, LB 1092, § 13.
NE Code § 81-1599.02 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-1599.02 - Nebraska representatives to commission; appointment.

81-1599.02.  Nebraska representatives to commission; appointment.Pursuant to the Central Interstate Low-Level Radioactive Waste Compact, Nebraska as the host state shall have two at-large voting members and one nonvoting member from the county in which the facility is located on the Central Interstate Low-Level Radioactive Waste Commission. The members of the commission representing Nebraska shall be appointed by the Governor with the approval of a majority of the members of the Legislature, and such members shall serve at the pleasure of the Governor. The Governor shall appoint the nonvoting member upon submission of an application for a license for the operation of a facility or on March 22, 1991, whichever occurs later. The appointees may begin to serve immediately following appointment and prior to approval by the Legislature. If any appointee receives less than majority approval by the members of the Legislature, the Governor shall appoint another person to represent Nebraska on the commission within ten days of the failure to receive such approval. The members representing Nebraska on the commission may, when necessary, designate an alternate member to represent Nebraska.Source   Laws 1989, LB 761, § 7;   Laws 1991, LB 837, § 3.  Cross References  Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
NE Code § 81-15,100 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,100 - Council; disposal of low-level radioactive waste; adopt rules and regulations; considerations.

81-15,100.  Council; disposal of low-level radioactive waste; adopt rules and regulations; considerations.In order to carry out the purposes of the Low-Level Radioactive Waste Disposal Act, the council shall adopt and promulgate rules and regulations for the disposal of low-level radioactive waste. In adopting such rules and regulations, the council shall consider, but not be limited to, requirements for licensing, including terms, conditions, amendment, suspension, or revocation thereof, performance objectives and technical requirements, financial assurance, record-keeping, reporting, testing, and such other requirements established by the United States Nuclear Regulatory Commission at 10 C.F.R. part 61.Source  Laws 1986, LB 491, § 23.
NE Code § 81-15,101 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,101 - License application; contents; transfer; limitation; review, when; department; duties.

81-15,101.  License application; contents; transfer; limitation; review, when; department; duties.(1) Each application for a license shall be in writing and shall state such information as the department may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant deemed reasonable and necessary to protect the public health and environment with an adequate margin of safety. The applicant shall also describe the funding arrangements such applicant will make to provide for custodial care. The department may at any time after the filing of the application and before the expiration of the license require further written statements and may make such inspections as the department may deem necessary in order to determine whether the license should be modified, suspended, or revoked. All applications and statements shall be signed by the applicant or licensee.(2) No license issued under the Low-Level Radioactive Waste Disposal Act shall be assigned or in any manner disposed of unless the department, after securing full information, finds that the transfer is in accordance with the act and gives its consent in writing.(3) If any person becomes the legal or beneficial owner of more than fifty percent of any class of the issued and outstanding equity securities of an applicant or licensee at any time after the application has been made and before the expiration of the license, the department shall conduct a review which shall include, but not be limited to, the environmental compliance record and financial responsibility of such person. At the conclusion of the review, the department shall issue a report of its findings, including its conclusions regarding the adequacy of such person to fulfill the provisions of the application or license and all laws, rules, and regulations. Copies of the report shall be sent to the Governor, Legislature, and local monitoring committee.Source   Laws 1986, LB 491, § 24;   Laws 1987, LB 426, § 10;   Laws 1989, LB 761, § 8;   Laws 1996, LB 1201, § 7.
NE Code § 81-15,101.02 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,101.02 - Applicant; design and planning requirements.

81-15,101.02.  Applicant; design and planning requirements.No license for the operation of a facility shall be granted to any applicant who proposes a disposal design which uses traditional shallow land burial as used prior to 1979. The disposal cells of the facility shall be built above grade levels and designed to meet the state's zero-release objectives. An applicant shall present a disposal design for aboveground disposal or other technology which contains one or more engineered, artificially constructed barriers to isolate the waste from the surrounding environment. An applicant shall present a plan of continuous environmental monitoring to detect any releases of radiation from the disposal facility and having the capability of providing early warning of releases of radiation from the facility. The monitoring plan shall cover the operational life of the facility and such time period following site closure and stabilization that is necessary to protect the health and safety of the public. An applicant shall present a plan for the recovery, cleanup, or other corrective action necessary as a result of the release of radiation from the facility. The facility design shall include a plan for retrievability and removal of all waste.Source   Laws 1987, LB 426, § 16;   Laws 1989, LB 761, § 10.
NE Code § 81-15,101.03 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,101.03 - Decommissioned nuclear reactor; waste; storage or disposal; waste from outside region; acceptance.

81-15,101.03.  Decommissioned nuclear reactor; waste; storage or disposal; waste from outside region; acceptance.(1) No low-level radioactive waste produced as a result of decommissioning a nuclear reactor shall be stored or disposed of at the facility until the department has determined that such facility is designed to safely store or dispose of such waste.(2) Unless an emergency exists, no waste shall be accepted from outside the Central Interstate Low-Level Radioactive Waste Compact region without prior approval by the Legislature. No agreement entered into pursuant to an emergency situation shall extend beyond six months unless a continuation of the agreement is approved by the Legislature.Source   Laws 1988, LB 1092, § 8;   Laws 1989, LB 761, § 11.  Cross References  Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
NE Code § 81-15,101.04 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,101.04 - Class C low-level radioactive waste; storage; disposal; requirements.

81-15,101.04.  Class C low-level radioactive waste; storage; disposal; requirements.Class C low-level radioactive waste, as defined by 10 C.F.R. 61.55 in effect on January 26, 1983, shall be stored or disposed of separately from other types of low-level radioactive waste in containers which can be easily monitored and retrieved and shall be handled, stored, and disposed of in a manner consistent with the zero-release objective described in section 81-1580.Source  Laws 1988, LB 1092, § 9.
NE Code § 81-15,101.05 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,101.05 - Mixed waste; requirements.

81-15,101.05.  Mixed waste; requirements.Waste which is defined by the Nuclear Regulatory Commission or the federal Environmental Protection Agency as mixed waste shall be solidified, neutralized, and stabilized to the maximum degree practicable prior to shipment to the facility. Mixed waste which has not been treated to the degree required by this section shall not be disposed of at the facility.Source  Laws 1988, LB 1092, § 10.
NE Code § 81-15,102.01 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,102.01 - Property near facility; loss of value; compensation authorized; procedure.

81-15,102.01.  Property near facility; loss of value; compensation authorized; procedure.(1) Any owner of real property that is within a three-mile radius of the facility on the date a license for such facility is granted who believes that his or her property has declined in value as a result of construction of the facility or his or her heirs or assigns may apply for compensation as provided in this section. Any application for compensation shall be filed within five years of the date the facility first begins accepting low-level radioactive waste. Upon application by a real property owner, the county board of the county in which the facility is located shall hold a hearing to determine whether a loss of real property value has occurred. In reaching a decision, the county board shall consider the value of such property on the date a license is granted to the developer, using appraisals, valuations made by the county assessor of the county, data developed by the Property Tax Administrator, and any other relevant data, including appraisals which the county board may order. If the real property owner establishes by a preponderance of the evidence that his or her property has suffered loss which has not previously been compensated due to the construction of the facility, the developer shall provide compensation to the real property owner for the amount of the loss. Compensation shall be provided by the developer from fees assessed upon generators of low-level radioactive waste at the time such waste is delivered to the facility. Any real property owner aggrieved by a final decision of the county board shall be entitled to an appeal in the same manner as appeals are taken pursuant to section 23-135.(2) As used in this section, real property owner shall mean the owner of record in the office of the county register of deeds on the date a license is granted to the developer as provided in section 81-15,101 or his or her heirs or assigns.Source   Laws 1988, LB 1092, § 11;   Laws 1995, LB 490, § 188.
NE Code § 81-15,102.02 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,102.02 - Department; testing of water and agricultural products.

81-15,102.02.  Department; testing of water and agricultural products.(1) The department shall offer to landowners directly adjacent to the facility's boundary an annual well and surface water sampling and analysis of any domestic water supply at no cost to the landowner.(2) The department shall offer to landowners directly adjacent to the facility's boundary the opportunity for testing of agricultural products produced on the property for contamination by radioactivity. The testing shall be conducted pursuant to a plan developed by the department and at no cost to the landowner.Source  Laws 1989, LB 761, § 16.
NE Code § 81-15,102.03 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,102.03 - Developer; provide emergency training and equipment.

81-15,102.03.  Developer; provide emergency training and equipment.The developer shall provide to the appropriate local political subdivision training of the first responding fire, police, and emergency medical services to handle emergency events at the facility and support for affected county emergency management planning, training, and central dispatch facilities as may be required to handle emergency events at the facility. The developer shall conduct such training programs or contract with appropriate public or private agencies for such training. The content of any such training program shall, prior to the commencement of the training program, be approved by the appropriate state agency which is responsible for such emergency training activity. The developer shall also provide to the appropriate local political subdivision any equipment which is necessary to provide emergency response due to the location and operation of the facility.Source   Laws 1989, LB 761, § 17;   Laws 1997, LB 138, § 54.
NE Code § 81-15,104.01 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,104.01 - Council; designated as rate-review agency.

81-15,104.01.  Council; designated as rate-review agency.For purposes of section (c) of Article III of the Central Interstate Low-Level Radioactive Waste Compact, the council is hereby designated as the rate-review agency for this state.Source   Laws 1983, LB 200, § 3;   R.S.1943, (1989), Appendix (BB);   Laws 1991, LB 716, § 2.  Cross References  Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
NE Code § 81-15,105 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,105 - Inconsistent ordinances, resolutions, or regulations; superseded.

81-15,105.  Inconsistent ordinances, resolutions, or regulations; superseded.The Low-Level Radioactive Waste Disposal Act shall supersede ordinances, resolutions, or regulations, now or hereafter in effect, of the governing body of a municipality or county or of state agencies which are inconsistent with the act.Source  Laws 1986, LB 491, § 28.
NE Code § 81-15,105.01 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,105.01 - Acceptance of waste by facility; when.

81-15,105.01.  Acceptance of waste by facility; when.No waste shall be accepted by the facility until the amendments to the Central Interstate Low-Level Radioactive Waste Compact contained in Laws 1991, LB 837, are in effect in Kansas, Oklahoma, Louisiana, and Arkansas and have been ratified by Congress.Source   Laws 1991, LB 837, § 1;   Laws 1996, LB 1201, § 10.  Cross References  Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
NE Code § 81-15,106 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,106 - License; term; review; revocation; denial; hearing; closure of facility.

81-15,106.  License; term; review; revocation; denial; hearing; closure of facility.(1) Licenses shall provide that a facility shall not accept waste for a period longer than thirty years or until five million cubic feet of low-level radioactive waste has been received, whichever occurs sooner. Licenses shall be reviewed every five years subsequent to the date of issuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws, rules, and regulations. Nothing in this subsection shall preclude a license from being reviewed and modified at any time during its term.(2) The department may issue an order temporarily or permanently closing a facility prior to its scheduled closing date if it finds there is a potential hazard to public health, safety, or the environment which justifies a temporary or permanent closure. A facility that is temporarily closed shall remain closed for as long as necessary for remedial action and throughout the period of facility cleanup and stabilization. Before authorizing the reopening of a temporarily closed facility, the department shall provide an explanation of its reasons for authorizing the reopening.(3) Any license issued under the Low-Level Radioactive Waste Disposal Act shall be subject to revocation for failure of the licensee to comply with the terms and conditions of the license, the applicable rules and regulations, or the provisions of the act. Any person whose license has been revoked shall be afforded an opportunity for a hearing by the department upon written application made within thirty days after service of notice of such revocation.(4) In any proceeding for the denial of an application for a license or for revocation, suspension, or modification of a license, the department shall provide to the applicant or licensee an opportunity for a hearing on the record.Source   Laws 1986, LB 491, § 29;   Laws 1987, LB 426, § 14;   Laws 1989, LB 761, § 13.
NE Code § 81-15,107 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,107 - License application; notice; hearing; environmental impact analysis required; appeal.

81-15,107.  License application; notice; hearing; environmental impact analysis required; appeal.(1) For any application for a license, the department shall provide an opportunity, after public notice, for written comments and shall hold a public hearing in the county in which the proposed facility is to be located. The cost of such hearing shall be borne by the applicant. All testimony offered at such hearing shall be recorded. The department shall issue a written determination of the action to be taken which is based upon findings to be included in the determination and upon evidence presented during the public comment period.(2) The department shall prepare, for each licensed activity which has a significant impact on the human environment, a written analysis of the impact of such licensed activity on the environment. The environmental impact analysis shall address each subject listed in Public Law 91-190, Title I, section 102(2)(c), 83 Stat. 853, and supporting regulations. The department shall prohibit any construction with respect to any activity for which an environmental impact analysis is required prior to completion of such analysis. The analysis shall be available to the public at the time notice is given for the hearing held pursuant to this section and shall include:(a) An assessment of the radiological and nonradiological impacts to the public health;(b) An assessment of any impact on any waterways and ground water;(c) Consideration of alternatives to the activities to be conducted, including alternative sites and engineering methods; and(d) Consideration of the long-term impacts, including closure, decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such closure, decommissioning, decontamination, and reclamation.(3) Any final agency action or order may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1986, LB 491, § 30;   Laws 1987, LB 426, § 17;   Laws 1988, LB 352, § 176.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 81-15,108 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,108 - Emergency order; hearing.

81-15,108.  Emergency order; hearing.Whenever the director finds that an emergency exists requiring immediate action to protect the public health and safety, the director may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency including, but not limited to, closure of the site. Such order shall be effective immediately. Any person to whom such order is directed shall comply immediately, but on application to the director, such person shall be afforded a hearing not later than ten days after receipt of such application. On the basis of such hearing, the director shall continue, modify, or revoke such order within thirty days after such hearing.Source  Laws 1986, LB 491, § 31.
NE Code § 81-15,109 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,109 - Violations of act; action to enjoin.

81-15,109.  Violations of act; action to enjoin.Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the Low-Level Radioactive Waste Disposal Act or any rule, regulation, or order issued pursuant to the act, the Attorney General or county attorney may apply to the district court for an order enjoining such acts or practices or for an order directing compliance. Upon a showing by the department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.Source  Laws 1986, LB 491, § 32.
NE Code § 81-15,110 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-15,110 - Disposal of low-level radioactive waste; license required.

81-15,110.  Disposal of low-level radioactive waste; license required.It shall be unlawful for any person to dispose of low-level radioactive waste unless licensed by the department pursuant to the Low-Level Radioactive Waste Disposal Act.Source  Laws 1986, LB 491, § 33.