reglab/housing_qa huggingface dataset:
NE Code § 46-1231 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1231 - License; application; qualifications.

46-1231.  License; application; qualifications.Each water well drilling supervisor, pump installation supervisor, natural resources ground water technician, and water well monitoring technician shall make application for a license in his or her respective trade. A license shall be issued to every applicant who successfully passes the examination for such license and otherwise complies with the Water Well Standards and Contractors' Practice Act and all standards, rules, and regulations adopted and promulgated pursuant to the act. Any individual employed by a licensed water well contractor or a licensed pump installation contractor who is not deemed to qualify as a licensed water well drilling supervisor or licensed pump installation supervisor may apply for a license in his or her respective trade in the same manner as the licensed water well drilling supervisor or the licensed pump installation supervisor.Source   Laws 1986, LB 310, § 31;   Laws 1991, LB 51, § 22;   Laws 1997, LB 752, § 123;  Laws 2001, LB 133, § 9;  Laws 2003, LB 242, § 10;  Laws 2007, LB463, § 1166;  Laws 2021, LB148, § 65.   Operative Date: July 1, 2021
NE Code § 46-1233 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1233 - Water well construction or decommissioning; equipment installation or repair; supervision required.

46-1233.  Water well construction or decommissioning; equipment installation or repair; supervision required.(1) Any person constructing a water well, installing or repairing pumps onsite, or decommissioning a water well shall do such work in accordance with the rules and regulations developed under the Water Well Standards and Contractors' Practice Act.(2) A water well shall be constructed, pumps and pumping equipment shall be installed and repaired onsite, and water wells shall be decommissioned by a licensed contractor or supervisor or a person working directly under the supervision of a licensed contractor or supervisor, except that an individual may construct a water well or install and repair pumps and pumping equipment onsite on land owned by him or her and used by him or her for farming, ranching, or agricultural purposes or as his or her place of abode. No water well shall be opened or the seal broken by any person other than an owner of the water well unless (a) the opening or breaking of the seal is carried out by a licensed water well monitoring technician or a licensed natural resources ground water technician, (b) the opening or breaking of the seal is carried out by a licensed operator of a public water system in the course of his or her employment or someone under his or her supervision, or (c) a state electrical inspector in the course of his or her employment.(3) For purposes of this section, supervision means the ready availability of the person licensed pursuant to the Water Well Standards and Contractors' Practice Act for consultation and direction of the activities of any person not licensed who assists in the construction of a water well, the installation of pumps and pumping equipment, or decommissioning of a water well. Contact with the licensed contractor or supervisor by telecommunication shall be sufficient to show ready availability.Source   Laws 1986, LB 310, § 33;   Laws 1996, LB 1241, § 5;  Laws 2001, LB 667, § 20;  Laws 2007, LB463, § 1167.
NE Code § 46-1234 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1234 - Exploratory wells; agreement to decommission required; failure to plug; effect.

46-1234.  Exploratory wells; agreement to decommission required; failure to plug; effect.Any licensed water well contractor constructing a water well for any customer shall as a part of the agreement include the proper decommissioning of each water well constructed to explore for ground water pursuant to the agreement. Any failure to properly plug any such water well pursuant to such agreement shall subject him or her to suspension, revocation, or refusal of renewal of his or her license.Source   Laws 1986, LB 310, § 34;   Laws 1994, LB 981, § 19.
NE Code § 46-1235 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1235 - License; disciplinary actions; grounds.

46-1235.  License; disciplinary actions; grounds.In cases other than those relating to failure to meet the requirements for an initial license, the Director of Environment and Energy may deny, refuse renewal of, suspend, or revoke licenses or may take other disciplinary action following notice and an opportunity for a hearing for any of the following acts or offenses:(1) Violation of the Water Well Standards and Contractors' Practice Act or any standards, rules, or regulations adopted and promulgated pursuant to such act;(2) Fraud or deception by the applicant or licensee;(3) Failure to exercise reasonable care in the practice of the trade;(4) Inability to properly perform the practice of the trade;(5) Failure to comply with continuing education requirements for licensure under the act;(6) Conduct or practices detrimental to the health or safety of persons hiring the services of the licensee or of members of the general public;(7) Practice of the trade while the license to do so is suspended or practice of the trade in contravention of any limitation placed upon the license;(8) Failing to file a water well registration required by subsection (1), (2), (3), (4), or (5) of section 46-602 or failing to file a notice required by subsection (7) of such section; or(9) Failing to file a properly completed notice of abandonment of a water well required by subsection (8) of section 46-602.Source   Laws 1986, LB 310, § 35;   Laws 1993, LB 131, § 47;   Laws 1996, LB 1044, § 268;  Laws 2001, LB 667, § 21;  Laws 2003, LB 245, § 8;  Laws 2007, LB296, § 210;  Laws 2007, LB463, § 1168;  Laws 2021, LB148, § 66.   Operative Date: July 1, 2021
NE Code § 46-1238 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1238 - License; when required; action to enjoin activities.

46-1238.  License; when required; action to enjoin activities.Any person who fails to employ or use at least one individual appropriately licensed and available or any person who engages, without a license for such activities, in the construction of water wells, the installation of pumps and pumping equipment, the decommissioning of water wells, or the measuring of ground water levels, the collection of ground water samples from existing water wells, or the inspection of installed water well equipment, pumping systems, or chemigation regulation devices, in addition to the other penalties provided in the Water Well Standards and Contractors' Practice Act, may be enjoined from continuing such activities.Source   Laws 1986, LB 310, § 38;   Laws 1991, LB 51, § 24;   Laws 1996, LB 1241, § 6;  Laws 2001, LB 667, § 22;  Laws 2006, LB 508, § 7;  Laws 2007, LB463, § 1169;  Laws 2021, LB148, § 67.   Operative Date: July 1, 2021
NE Code § 46-1239 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1239 - Unauthorized employment; construction, decommissioning, or installation without license; criminal penalty; civil penalty.

46-1239.  Unauthorized employment; construction, decommissioning, or installation without license; criminal penalty; civil penalty.Any person who fails to employ or use at least one individual appropriately licensed and available or any person who engages, without a license for such activities, in the construction of water wells, the installation of pumps and pumping equipment, or the decommissioning of water wells is guilty of a Class II misdemeanor or subject to a civil penalty of not more than one thousand dollars for each day the violation occurs.Any civil penalty assessed and unpaid shall constitute a debt to the state which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. An action to collect a civil penalty shall be brought within two years of the alleged violation providing the basis of the penalty, except that if the cause of action is not discovered and could not be reasonably discovered within the two-year period, the action may be commenced within two years after the date of discovery or after the date of discovery of facts which would reasonably lead to discovery, whichever is earlier. The department shall remit the civil penalty to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 1986, LB 310, § 39;   Laws 1996, LB 1241, § 7;   Laws 1997, LB 30, § 5;  Laws 2001, LB 667, § 23;  Laws 2006, LB 508, § 8;  Laws 2007, LB463, § 1170.
NE Code § 46-1240 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1240 - Failure to comply with standards; criminal penalty; civil penalty; action to enjoin.

46-1240.  Failure to comply with standards; criminal penalty; civil penalty; action to enjoin.Any person who engages in or any person who employs or uses a person who engages in the construction of water wells, the installation of pumps and pumping equipment, the decommissioning of water wells, or the measuring of ground water levels, the collection of ground water samples from existing water wells, or the inspection of installed water well equipment, pumping systems, or chemigation regulation devices or who fails to decommission or decommissions an illegal water well without complying with the standards adopted and promulgated pursuant to the Water Well Standards and Contractors' Practice Act shall be guilty of a Class III misdemeanor or subject to a civil penalty of not more than five hundred dollars for each day an intentional violation occurs and may be enjoined from continuing such activity, including a mandatory injunction.Any civil penalty assessed and unpaid shall constitute a debt to the state which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. An action to collect a civil penalty shall be brought within two years of the alleged violation providing the basis of the penalty, except that if the cause of action is not discovered and could not be reasonably discovered within the two-year period, the action may be commenced within two years after the date of discovery or after the date of discovery of facts which would reasonably lead to discovery, whichever is earlier. The department shall remit the civil penalty to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 1986, LB 310, § 40;   Laws 1991, LB 51, § 25;   Laws 1993, LB 131, § 55;   Laws 1994, LB 981, § 20;   Laws 1996, LB 1241, § 8;   Laws 1997, LB 30, § 6;  Laws 2001, LB 667, § 24;  Laws 2007, LB463, § 1171.
NE Code § 46-1240.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1240.01 - False or forged documents; penalty.

46-1240.01.  False or forged documents; penalty.Any person who files or attempts to file with the department any false or forged diploma or certificate or affidavit of identification or qualification shall be guilty of forgery.Source  Laws 1993, LB 131, § 56.
NE Code § 46-1240.06 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1240.06 - Variance from rule, regulation, or standard; conditions; injunction.

46-1240.06.  Variance from rule, regulation, or standard; conditions; injunction.(1) The department may grant a variance from any rule, regulation, or standard adopted and promulgated by the department relating to the construction of water wells upon proof by a licensed water well contractor or owner of a proposed water well satisfactory to the department that the enforcement of the rule, regulation, or standard would create an unreasonable hardship or be unreasonable, impractical, or not feasible under the circumstances. A variance may be under such terms and conditions and for such time as the department may prescribe. The terms and conditions of a variance may include testing, monitoring, reporting, and additional construction or installation requirements.(2) A variance shall be limited to the construction of a water well to replace an existing water well.(3) Any person who owns or operates a water well in violation of the terms and conditions of a variance may be enjoined from continuing such activities. The injunction may include an order to properly decommission the water well.Source   Laws 1993, LB 131, § 61;   Laws 1994, LB 981, § 21.
NE Code § 46-1241 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1241 - Water well log required; contents.

46-1241.  Water well log required; contents.Any owner of a water well or a licensed water well contractor who engages in an act of or the business of constructing a water well shall keep and maintain an accurate well log of the construction of each such water well. The well log shall be available to the department for inspection and copying during reasonable hours or the regular business hours of the contractor.The well log shall include the following information:(1) Legal description of the water well;(2) Description and depth of geologic materials encountered;(3) Depth and diameter or dimension of constructed water well and test hole;(4) Depth and diameter or dimension of excavated hole if applicable;(5) Depth of formation stabilizer or gravel pack and size of particles if used;(6) Depth and thickness of grout or other sealing material if applicable;(7) Casing information, including length, inside diameter, wall thickness, and type of material if applicable;(8) Screen information, including length, trade name, inside and outside diameter, slot size, and type of material if applicable;(9) Static water level;(10) Water level when pumped at the designated rate, giving the rate of pumping and amount of time pumped, if applicable;(11) Yield of water well in gallons per minute or gallons per hour if applicable;(12) Signature of water well contractor;(13) Dates drilling commenced and construction completed;(14) Intended use of the water well;(15) Name and address of the owner;(16) Identification number of any permit for the water well issued pursuant to Chapter 46, article 6, Chapter 66, article 11, or any other law;(17) Name, address, and license number of any license issued pursuant to the Water Well Standards and Contractors' Practice Act of any person, other than the owner of the water well, who constructed the water well; and(18) Other data as the board reasonably requires.Source   Laws 1986, LB 310, § 41;   Laws 1993, LB 131, § 62;  Laws 2001, LB 667, § 25;  Laws 2007, LB463, § 1172.
NE Code § 46-1301 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1301 - Legislative findings.

46-1301.  Legislative findings.The Legislature finds that (1) existing monitoring of ground water quality performed by natural resources districts is excellent and deserves recognition, (2) substantial efforts have been undertaken by the Department of Environment and Energy to monitor surface water quality, and (3) it is within the state's capacity to develop a comprehensive, integrated statewide water quality monitoring system.Source  Laws 2000, LB 1234, § 18;  Laws 2019, LB302, § 50.
NE Code § 46-1304 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1304 - Report required; Department of Environment and Energy; duties.

46-1304.  Report required; Department of Environment and Energy; duties.The Department of Environment and Energy shall prepare a report outlining the extent of ground water quality monitoring conducted by natural resources districts during the preceding calendar year. The department shall analyze the data collected for the purpose of determining whether or not ground water quality is degrading or improving and shall present the results electronically to the Natural Resources Committee of the Legislature beginning December 1, 2001, and each year thereafter. The districts shall submit in a timely manner all ground water quality monitoring data collected to the department or its designee. The department shall use the data submitted by the districts in conjunction with all other readily available and compatible data for the purposes of the annual ground water quality trend analysis.Source  Laws 2001, LB 329, § 11;  Laws 2012, LB782, § 56;  Laws 2019, LB302, § 51.
NE Code § 46-1305 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1305 - Report required; natural resources district; duties.

46-1305.  Report required; natural resources district; duties.Each natural resources district shall submit electronically an annual report to the Natural Resources Committee of the Legislature detailing all water quality programs conducted by the district in the preceding calendar year. The report shall include the funds received and expended for water quality projects and a listing of any unfunded projects. The first report shall be submitted on or before December 1, 2001, and then each December 1 thereafter.Source  Laws 2001, LB 329, § 12;  Laws 2012, LB782, § 57.
NE Code § 46-1401 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1401 - Legislative findings and intent.

46-1401.  Legislative findings and intent.The Legislature finds that accelerating the decommissioning of illegal water wells will be an asset to the State of Nebraska and good for the general welfare of the citizens of the state. The Legislature further finds that completing such decommissioning can be most appropriately accomplished by accelerating state financial input into the efforts currently being conducted. It is therefor the intent of the Legislature to embark upon an accelerated program for the decommissioning of Nebraska's illegal water wells and to recommend that the State of Nebraska and the Legislature annually appropriate ninety-nine thousand dollars from the General Fund to carry out this accelerated program during the years required for its completion.Source   Laws 1994, LB 981, § 2;  Laws 2000, LB 900, § 237.
NE Code § 46-1402 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1402 - Definitions, where found.

46-1402.  Definitions, where found.For purposes of sections 46-1401 and 46-1403 to 46-1405, the definitions found in sections 46-1206.01, 46-1207.01, 46-1209, 46-1212, and 46-1213 shall be used.Source  Laws 1994, LB 981, § 5.
NE Code § 46-1403 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1403 - Water Well Decommissioning Fund; created; use; investment.

46-1403.  Water Well Decommissioning Fund; created; use; investment.There is hereby created the Water Well Decommissioning Fund. The State Treasurer shall credit to the fund for the uses and purposes of sections 46-1401 to 46-1405 such money as is specifically appropriated and such funds, fees, donations, gifts, services, or devises or bequests of real or personal property received by the Department of Natural Resources from any source, federal, state, public, or private, to be used by the department for the purpose of accelerating the decommissioning of illegal water wells. The department shall allocate money from the fund for purposes of sections 46-1401 to 46-1405. The fund shall be exempt from provisions relating to lapsing of appropriations. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Water Well Decommissioning Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1994, LB 981, § 3;   Laws 1995, LB 7, § 44;  Laws 2000, LB 900, § 238;  Laws 2009, First Spec. Sess., LB3, § 22. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 46-1404 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1404 - Water Well Decommissioning Fund; allocation; rules and regulations.

46-1404.  Water Well Decommissioning Fund; allocation; rules and regulations.The Water Well Decommissioning Fund shall be allocated by contractual agreement with natural resources districts for the purpose of accelerating the decommissioning of illegal water wells throughout the state. The allocations each fiscal year shall be made by the Department of Natural Resources to natural resources districts in a proportion based on the number of illegal water wells decommissioned in each district in the previous fiscal year which were part of the district's cost-share program to the total number of illegal water wells decommissioned in the state in the previous fiscal year which were part of a district cost-share program. Subsequent allocations for any district which has had a cost-share program for three or more consecutive years shall be based upon the previous three-year average. The allocations may be adjusted on or after March 1 of any year if the Director of Natural Resources determines that one or more districts cannot reasonably be expected to use their full allocation for that fiscal year. Actual disbursement to each district shall be on a reimbursement basis and shall not exceed the amount expended by the district consistent with sections 46-1401 to 46-1405. The Nebraska Natural Resources Commission shall adopt and promulgate rules and regulations to carry out such sections.Source   Laws 1994, LB 981, § 4;  Laws 2000, LB 900, § 239;  Laws 2006, LB 508, § 9.
NE Code § 46-1405 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1405 - Natural resources district; cost-sharing program; qualification for funding.

46-1405.  Natural resources district; cost-sharing program; qualification for funding.Any natural resources district cost-sharing program for decommissioning illegal water wells may qualify for funding pursuant to section 46-1404 if the program:(1) Applies only to water wells properly decommissioned by licensed water well contractors and pump installation contractors;(2) Applies to all water wells in the district;(3) Is available for at least thirty water wells per year; and(4) Provides at least sixty percent of the costs of decommissioning, up to a maximum of five hundred dollars for all water wells other than hand-dug water wells which shall be eligible for up to a maximum of seven hundred dollars.A natural resources district may establish maximum cost-share assistance amounts that will be provided to landowners for decommissioning water wells based on well depths and diameters to insure that landowners will be compensated for at least sixty percent of the cost of water well decommissioning.Source   Laws 1994, LB 981, § 1;   Laws 1995, LB 871, § 7;   Laws 1996, LB 1241, § 9;  Laws 2006, LB 508, § 10.
NE Code § 46-1501 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1501 - Act, how cited.

46-1501.  Act, how cited.Sections 46-1501 to 46-1509 shall be known and may be cited as the Wellhead Protection Area Act.Source  Laws 1998, LB 1161, § 2.