reglab/housing_qa huggingface dataset:
NE Code § 71-5304.02 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5304.02 - Public water system; notice; requirements.

71-5304.02.  Public water system; notice; requirements.(1) The director may require a public water system to give notice to the persons served by the system and to the department whenever the system:(a) Is not in compliance with an applicable maximum contaminant level or treatment technique requirement of or a testing procedure prescribed by rules and regulations adopted and promulgated under the Nebraska Safe Drinking Water Act;(b) Fails to perform monitoring, testing, analyzing, or sampling as required;(c) Is subject to a variance or exemption; or(d) Is not in compliance with the requirements prescribed by a variance or exemption.(2) The director may require a public water system to give notice to the persons served by the public water system of potential sources of contamination as identified by the director under subsection (2) of section 71-5302, of possible health effects of such contamination, and of possible mitigation measures.(3) The director shall by rule and regulation prescribe the form and manner for giving such notice.Source   Laws 1988, LB 383, § 6;   Laws 1996, LB 1044, § 715;  Laws 2001, LB 667, § 34;  Laws 2007, LB296, § 612.
NE Code § 71-5305 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5305 - Public water system; construction, extension, or alteration; written authorization required; exception; procedure.

71-5305.  Public water system; construction, extension, or alteration; written authorization required; exception; procedure.(1) No major construction, extension, or alteration of a public water system shall be commenced without written authorization from the director. No such authorization shall be needed in the case of minor repairs and matters of maintenance. No such authorization shall be granted unless plans and specifications, prepared by a professional engineer, and any additional information required by the department have been submitted to the department or its designated agent for review.(2) Upon a finding that there has been compliance with the minimum sanitary requirements adopted pursuant to section 71-5304, authorization to proceed with construction shall be granted by the director or his or her designated agent. In issuing authorization for the development of new public water supply sources, consideration shall be given to the location and effects of other water supply systems and the location of points of discharge or disposal for solid and liquid wastes.Source   Laws 1976, LB 821, § 5;   Laws 1997, LB 622, § 109;  Laws 2001, LB 667, § 35.
NE Code § 71-5305.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5305.01 - Certain new water systems; technical, managerial, and financial capacity.

71-5305.01.  Certain new water systems; technical, managerial, and financial capacity.All new community water systems and new nontransient noncommunity water systems commencing operation after October 1, 1999, shall demonstrate technical, managerial, and financial capacity to operate under the Nebraska Safe Drinking Water Act.The director may adopt and promulgate rules and regulations to determine demonstration requirements for technical, managerial, and financial capacity of community water systems and nontransient noncommunity water systems.Source   Laws 1997, LB 517, § 20;  Laws 2007, LB296, § 613.
NE Code § 71-5305.02 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5305.02 - Capacity development strategy; department; solicit public comment.

71-5305.02.  Capacity development strategy; department; solicit public comment.The department shall develop a capacity development strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity pursuant to section 71-5305.01. The department shall consider and solicit public comment on:(1) The methods or criteria the department will use to identify and prioritize the public water systems most in need of improving technical, managerial, and financial capacity;(2) A description of the institutional, regulatory, financial, tax, or legal factors at the federal, state, or local level that encourage or impair capacity development;(3) A description of how the department will:(a) Assist public water systems in complying with the Nebraska Safe Drinking Water Act;(b) Encourage the development of partnerships between public water systems to enhance the technical, managerial, and financial capacity of the systems; and(c) Assist public water systems in the training and licensure of operators; and(4) A description of how the department will establish a baseline and measure improvements in capacity with respect to the act.Source   Laws 1997, LB 517, § 21;  Laws 2001, LB 667, § 36;  Laws 2007, LB296, § 614;  Laws 2007, LB463, § 1225.
NE Code § 71-5307 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5307 - Operator of public water system; license required.

71-5307.  Operator of public water system; license required.No public water system shall be issued or otherwise hold a permit to operate a public water system, granted by the department, unless its operator possesses a license issued by the department.Source   Laws 1976, LB 821, § 7;  Laws 2001, LB 667, § 38;  Laws 2007, LB463, § 1226.
NE Code § 71-5308 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5308 - License; application; fees; renewal.

71-5308.  License; application; fees; renewal.(1) An applicant shall submit an application and the applicable fees for a license to act as a licensed operator of a public water system to the department.(2) The director shall adopt and promulgate rules and regulations to establish and collect fees to cover all reasonable and necessary costs of licensing activities, including a reasonable reserve. If an application for a license is denied or withdrawn, the department may retain a portion of the fee to cover the costs of the application process. The fees shall be waived for initial licenses for low-income individuals, military families, and young workers as those terms are defined in the Uniform Credentialing Act.(3) The director shall remit fees collected under the Nebraska Safe Drinking Water Act to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund.(4) A license shall expire on December 31 of odd-numbered years. The director may renew a license upon application by the licensee, payment of the applicable fees, and a determination by the director that the licensee has complied with the act and the rules and regulations adopted and promulgated under the act.Source   Laws 1976, LB 821, § 8;   Laws 1997, LB 752, § 190;  Laws 2001, LB 667, § 39;  Laws 2002, LB 1021, § 90;  Laws 2003, LB 242, § 131;  Laws 2007, LB463, § 1227;  Laws 2021, LB148, § 77.   Operative Date: July 1, 2021  Cross References  Uniform Credentialing Act, see section 38-101.
NE Code § 71-5310 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5310 - Director; authorize variances or exemptions to standards; procedure.

71-5310.  Director; authorize variances or exemptions to standards; procedure.(1) The director, with the approval of the council, may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as they deem necessary and desirable. Such variances or exemptions shall be permitted under conditions and in a manner which are not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act.(2) Prior to granting a variance or an exemption, the director shall provide notice, in a newspaper of general circulation serving the area served by the public water system, of the proposed exemption or variance and that interested persons may request a public hearing on the proposed exemption or variance. The director may require the system to provide other appropriate notice necessary to provide adequate notice to persons served by the system.(3) If a public hearing is requested, the director shall set a time and place for the hearing and such hearing shall be held before the department prior to the variance or exemption being issued. Frivolous and insubstantial requests for a hearing may be denied by the director. An exemption or variance shall be conditioned on monitoring, testing, analyzing, or other requirements to insure the protection of the public health. A variance or an exemption granted shall include a schedule of compliance under which the public water system is required to meet each contaminant level or treatment technique requirement for which a variance or an exemption is granted within a reasonable time as specified by the director with the approval of the council.Source   Laws 1976, LB 821, § 10;   Laws 1988, LB 383, § 8;   Laws 1996, LB 1044, § 717;  Laws 2001, LB 667, § 41;  Laws 2002, LB 1062, § 54;  Laws 2007, LB296, § 616;  Laws 2021, LB148, § 79.   Operative Date: July 1, 2021
NE Code § 71-5310.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5310.01 - Notice, order, or other instrument; service.

71-5310.01.  Notice, order, or other instrument; service.Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the director under the Nebraska Safe Drinking Water Act may be served on any person affected by such notice, order, or other instrument, personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the department, or such service may be made by mailing a copy of the notice, order, or other instrument by certified or registered mail directed to the person affected at his or her last-known post office address as shown by the files or records of the department, and proof of service may be made by the affidavit of the person who did the mailing and filed in the office of the department.Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts stated in such certificate or affidavit, and a certified copy shall have like force and effect.Source   Laws 1988, LB 383, § 9;   Laws 1996, LB 1044, § 718;  Laws 2007, LB296, § 617.
NE Code § 71-5311 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5311 - Advisory Council on Public Water Supply; established; duties; members; qualifications; terms; vacancy; meetings; officers; quorum; expenses.

71-5311.  Advisory Council on Public Water Supply; established; duties; members; qualifications; terms; vacancy; meetings; officers; quorum; expenses.(1) There is hereby established the Advisory Council on Public Water Supply which shall advise and assist the department in administering the Nebraska Safe Drinking Water Act.(2) The council shall be composed of seven members appointed by the Governor, (a) one of whom shall be a professional engineer, (b) one of whom shall be a licensed physician, (c) two of whom shall be consumers of a public water system, (d) two of whom shall be operators of a public water system who possess a license issued by the department to operate a public water system. One such operator shall represent a system serving a population of five thousand or less, and one such operator shall represent a system serving a population of more than five thousand, and (e) one of whom shall be, at the time of appointment, (i) an individual who owns a public water system, (ii) a member of the governing board of a public or private corporation which owns a public water system, or (iii) in the case of a political subdivision which owns a public water system, a member of the subdivision's governing board or board of public works or similar board which oversees the operation of a public water system.(3) All members shall be appointed for three-year terms. No member shall serve more than three consecutive three-year terms. Each member shall hold office until the expiration of his or her term or until a successor has been appointed. Any vacancy occurring in council membership, other than by expiration of term, shall be filled within sixty days by the Governor by appointment from the appropriate category for the unexpired term.(4) The council shall meet not less than once each year. Special meetings of the council may be called by the director or upon the written request of any two members of the council explaining the reason for such meeting. The place of the meeting shall be set by the director. Such officers as the council deems necessary shall be elected every three years beginning with the first meeting in the year 1990. A majority of the members of the council shall constitute a quorum for the transaction of business. Representatives of the department shall attend each meeting. Every act of the majority of the members of the council shall be deemed to be the act of the council.(5) No member of the council shall receive any compensation, but each member shall be entitled, while serving on the business of the council, to receive his or her travel and other necessary expenses while so serving away from his or her place of residence as provided in sections 81-1174 to 81-1177.Source   Laws 1976, LB 821, § 11;   Laws 1989, LB 344, § 32;   Laws 1996, LB 1044, § 719;   Laws 1997, LB 622, § 110;  Laws 2001, LB 667, § 42;  Laws 2007, LB296, § 618;  Laws 2007, LB463, § 1229.
NE Code § 71-5311.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5311.01 - Compliance not dependent on funding.

71-5311.01.  Compliance not dependent on funding.The failure or inability of any public water system to receive funds under the Drinking Water State Revolving Fund Act or any other loan or grant program or any delay in obtaining the funds shall not alter the obligation of the system to comply in a timely manner with the Nebraska Safe Drinking Water Act and rules and regulations adopted and promulgated under the act.Source   Laws 1997, LB 517, § 22;  Laws 2001, LB 667, § 43.  Cross References  Drinking Water State Revolving Fund Act, see section 71-5314.
NE Code § 71-5311.02 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5311.02 - Voluntary compliance.

71-5311.02.  Voluntary compliance.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 director and the department.Source   Laws 1997, LB 517, § 23;  Laws 2007, LB296, § 619.
NE Code § 71-5312 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5312 - Violations; penalty; county attorney or Attorney General; action to assure compliance.

71-5312.  Violations; penalty; county attorney or Attorney General; action to assure compliance.Any person who shall violate any of the provisions of sections 71-5301 to 71-5313 shall be guilty of a Class IV misdemeanor and each day shall constitute a separate offense in cases of continued violation. It shall be the duty of the county attorney or the Attorney General, to whom the director reports a violation, to cause appropriate proceedings to be instituted without delay to assure compliance with sections 71-5301 to 71-5313.Source   Laws 1976, LB 821, § 12;   Laws 1977, LB 41, § 62.
NE Code § 71-5312.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5312.01 - Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.

71-5312.01.  Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.(1) All rules and regulations adopted prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148.(2) All licenses, certificates, or other forms of approval issued prior to July 1, 2021, in accordance with the Nebraska Safe Drinking Water Act shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall be subject to the provisions of the act as they existed prior to July 1, 2021.Source  Laws 2007, LB463, § 1230;  Laws 2021, LB148, § 80.   Operative Date: July 1, 2021
NE Code § 71-5313 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5313 - Act, how cited.

71-5313.  Act, how cited.Sections 71-5301 to 71-5313 shall be known and may be cited as the Nebraska Safe Drinking Water Act.Source   Laws 1976, LB 821, § 13;   Laws 1988, LB 383, § 10;   Laws 1997, LB 517, § 24;  Laws 2007, LB463, § 1231.
NE Code § 71-5314 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5314 - Act, how cited.

71-5314.  Act, how cited.Sections 71-5314 to 71-5327 shall be known and may be cited as the Drinking Water State Revolving Fund Act.Source  Laws 1997, LB 517, § 3.
NE Code § 71-5315 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5315 - Legislative findings.

71-5315.  Legislative findings.The Legislature finds that safe drinking water is essential to the protection of public health. The Legislature further finds that the construction, rehabilitation, operation, and maintenance of modern and efficient public water systems and safe drinking water projects are essential to protecting and improving the quality of the state's drinking water, that protecting water quality is an issue of concern to all citizens of the state, and that adequate public water systems and safe drinking water projects are essential to public health and to economic growth and development. Systems need to have adequate technical, managerial, and financial capacities to assure that the public is protected. Needed assistance can be provided to systems through the funds created by the Drinking Water State Revolving Fund Act. The Legislature finds and determines that the funds should be available in perpetuity for providing financial assistance to such systems and for such projects.The Legislature finds and determines that these funds will consist of both state money and federal grant funds. In addition, the funds can be increased and additional needed safe drinking water projects for owners of public water systems can be undertaken more expeditiously through the issuance of revenue bonds by the Nebraska Investment Finance Authority and the deposit of the proceeds thereof into the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund.The Legislature finds and determines that the issuance of revenue bonds for financing the funds serves a public purpose by assisting public water systems in providing and improving safe drinking water projects and thereby providing safe drinking water to the citizens of the state, promoting the health and well-being of the citizens, and assisting in the economic growth and development of the state. The full faith and credit and the taxing power of the state are not pledged to the payment of such bonds or the interest thereon.Source   Laws 1997, LB 517, § 4;  Laws 2001, LB 667, § 44.
NE Code § 71-5316 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5316 - Terms, defined.

71-5316.  Terms, defined.For purposes of the Drinking Water State Revolving Fund Act, unless the context otherwise requires:(1) Safe Drinking Water Act means the federal Safe Drinking Water Act, as the act existed on October 23, 2018;(2) Construction means any of the following: Preliminary planning to determine the feasibility of a safe drinking water project for a public water system; engineering, architectural, legal, fiscal, or economic investigations or studies; surveys, designs, plans, working drawings, specifications, procedures, or other necessary preliminary actions; erection, building, acquisition, alteration, remodeling, improvement, or extension of public water systems; or the inspection or supervision of any of such items;(3) Council means the Environmental Quality Council;(4) Department means the Department of Environment and Energy;(5) Director means the Director of Environment and Energy;(6) Operate and maintain means all necessary activities, including the normal replacement of equipment or appurtenances, to assure the dependable and economical function of a public water system in accordance with its intended purpose;(7) Owner means any person owning or operating a public water system;(8) Public water system has the definition found in section 71-5301; and(9) Safe drinking water project means the structures, equipment, surroundings, and processes required to establish and operate a public water system.Source   Laws 1997, LB 517, § 5;  Laws 2001, LB 667, § 45;  Laws 2019, LB302, § 91;  Laws 2019, LB307, § 1.
NE Code § 71-5317 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5317 - Federal grants; director; powers.

71-5317.  Federal grants; director; powers.The director may obligate and administer federal grants for construction of safe drinking water projects pursuant to the Safe Drinking Water Act.Source  Laws 1997, LB 517, § 6.
NE Code § 71-5319 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5319 - Repayment of loan or credit; effect.

71-5319.  Repayment of loan or credit; effect.If funds are loaned to or otherwise credited to the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund with an obligation to repay such loan or credit, the obligation to repay the amount of the loan or credit and the interest thereon shall, upon authorization by the council and execution and delivery by the department of an agreement to repay the loan or credit, be a valid and binding obligation of such funds or either fund or portions thereof and payable in accordance with the terms of the agreement executed by the department.Source  Laws 1997, LB 517, § 8.
NE Code § 71-5320 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-5320 - Pledge; effect.

71-5320.  Pledge; effect.Any pledge of the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund or any part thereof or any pledge of the assets of such funds made by the department as authorized by the council shall be valid and binding from the time the pledge is made. The revenue, money, or assets so pledged and received by such funds shall immediately be subject to a lien of such pledge without any physical delivery thereof or further act, and the lien shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against such funds or the assets thereof, regardless of whether the parties have notice of the lien. Neither the action by the council, the pledge agreement executed by the department, nor any other instrument by which a pledge is created need be recorded.Source  Laws 1997, LB 517, § 9.