reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.03 - Remedial action plan; considerations.

81-15,124.03.
Remedial action plan; considerations.
The plan for remedial action shall take into account risk-based corrective action assessment principles which identify the risks presented to the public health and safety or the environment by each release in a manner that will protect the public health and safety and the environment using, to the extent appropriate, a tiered approach consistent with the American Society for Testing of Materials standards.
Source
Laws 1996, LB 1226, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.04 - Risk-based corrective action; department provide briefing.

81-15,124.04.
Risk-based corrective action; department provide briefing.
The Department of Environment and Energy shall provide briefing on the use by the department of risk-based corrective action. The briefing shall be directed toward comprehension and knowledge of the use by the department of risk-based corrective action, and a fee may be charged for attending the briefing which shall be remitted to the State Treasurer for credit to the Petroleum Release Remedial Action Cash Fund. The department may contract for providing such briefing and shall maintain and make available to the public a list of attendees.
Source
Laws 1998, LB 1161, § 45;
Laws 2019, LB302, § 122.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.06 - Remedial action plan; certificate of completion; immunity.

81-15,124.06.
Remedial action plan; certificate of completion; immunity.
Upon issuance of a certificate of completion under section 81-15,124.05, except as otherwise provided in such section, the responsible person shall no longer have liability to the state as to the release of petroleum products for which compliance with the remedial action plan is demonstrated by the responsible person.
Source
Laws 2001, LB 461, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.07 - Remedial action plan; participation; effect.

81-15,124.07.
Remedial action plan; participation; effect.
(1) Participating in a remedial action plan does not constitute an admission of liability under the laws of this state, the rules and regulations adopted pursuant to law, or the ordinances and resolutions of any political subdivision or an admission of civil liability under statutory or common law of this state.
(2) The fact that a responsible person has participated in a remedial action plan is not admissible in any civil, criminal, or administrative proceeding initiated or brought under any law of this state other than to enforce sections 81-15,124.05 to 81-15,124.07.
(3) Participating in a remedial action plan shall not be construed to be an acknowledgment that the conditions of the affected area identified and addressed by the remedial action plan constitute a threat or danger to the public health or safety or the environment.
Source
Laws 2001, LB 461, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,125 - Violation; penalty.

81-15,125.
Violation; penalty.
Any person violating the Petroleum Products and Hazardous Substances Storage and Handling Act or the rules, regulations, or orders of the State Fire Marshal or the Department of Environment and Energy adopted and promulgated or issued pursuant to such act shall be subject to a civil fine of not more than five thousand dollars for each offense and, in the case of a continuing violation, each day of violation shall constitute a separate offense. In assessing the amount of the fine, the court shall consider the size of the operation and the degree and extent of the pollution.
Source
Laws 1986, LB 217, § 9;
Laws 1993, LB 3, § 63;
Laws 2019, LB302, § 124.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,126 - Violation; action to enjoin.

81-15,126.
Violation; action to enjoin.
The Department of Environment and Energy or the State Fire Marshal may apply to the district court of the county where the violation is occurring or about to occur for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Petroleum Products and Hazardous Substances Storage and Handling Act or the rules, regulations, or orders adopted and promulgated under the act. The court shall have jurisdiction to grant relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
Source
Laws 1986, LB 217, § 10;
Laws 1993, LB 3, § 64;
Laws 2019, LB302, § 125.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,127 - Notice of registration requirements; duty to provide.

81-15,127.
Notice of registration requirements; duty to provide.
(1) Any person who deposits regulated substances in a tank shall reasonably notify the owner or operator of such tank of the owner's or operator's registration requirements pursuant to the Petroleum Products and Hazardous Substances Storage and Handling Act.
(2) The Department of Environment and Energy shall design and make available a printed notice of registration for owners of tanks to any person who deposits regulated substances in a tank.
Source
Laws 1986, LB 217, § 11;
Laws 1993, LB 3, § 65;
Laws 2019, LB302, § 126.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,128 - Act, how cited.

81-15,128.
Act, how cited.
Sections 81-15,128 to 81-15,143 shall be known and may be cited as the Wastewater Treatment Operator Certification Act.
Source
Laws 1987, LB 533, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,129 - Terms, defined.

81-15,129.
Terms, defined.
As used in the Wastewater Treatment Operator Certification Act, unless the context otherwise requires:
(1) Certificate shall mean a certificate of competency issued by the director or his or her duly authorized representative certifying that the operator has met the requirements for the specified operator classification of the certification program;
(2) Council shall mean the Environmental Quality Council;
(3) Department shall mean the Department of Environment and Energy;
(4) Director shall mean the Director of Environment and Energy;
(5) Nationally recognized association of certification authorities shall mean an organization or organizations selected by the director which (a) serve as an information center for certification activities, (b) recommend minimum standards and guidelines for classification of wastewater treatment facilities and certification of operators, (c) facilitate reciprocity between state programs, (d) assist authorities in establishing new certification programs and updating existing ones, and (e) provide testing services;
(6) Operator shall mean any person who regularly makes recommendations or is responsible for process control decisions at a wastewater treatment facility. Operator shall not include a person whose duties are limited solely to laboratory testing or maintenance or who exercises general or indirect supervision only;
(7) Voluntarily certified operator shall mean an operator who holds a certificate of competency described in section 81-15,133; and
(8) Wastewater treatment facility shall mean the structures, equipment, and processes required to collect, transport, and treat domestic or industrial wastes and to dispose of the effluent and sludge.
Source
Laws 1987, LB 533, § 2;
Laws 1993, LB 3, § 66;
Laws 2019, LB302, § 127.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,130 - Council; adopt rules and regulations; contents.

81-15,130.
Council; adopt rules and regulations; contents.
In order to carry out the purposes of the Wastewater Treatment Operator Certification Act, the council shall adopt and promulgate rules and regulations. Such rules and regulations shall include, but not be limited to:
(1) Establishing and carrying out procedures for the certification program provided for in the act;
(2) Classification of wastewater treatment facilities. Such classification shall be based on the size and type of wastewater treatment facility, the quality and quantity of wastewater to be treated, and other physical, chemical, and biological conditions affecting such treatment facilities and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of the facilities so as to protect the public health and to protect the waters of the state;
(3) A procedure to be carried out by the department to receive applications and examine the qualifications of applicants for certification;
(4) Development of a training and continuing educational program including regular training schools, short courses, conferences, and programs. The council shall adopt procedures and minimum requirements for the approval of correspondence courses, required classroom instruction, and minimum attendance standards to maintain certification;
(5) Requirements for the maintenance of records of the classification of wastewater treatment facilities;
(6) Distribution of applications and notices of examinations;
(7) Procedures in the department for preparing, conducting, and grading examinations either by the department or by its representatives or persons conducting approved training schools, short courses, conferences, and programs, including correspondence courses;
(8) A fee schedule to be implemented by the department which shall include a fee designed to cover direct and indirect costs associated with applicant's certification but not to exceed three hundred dollars per application. Fees may also be charged by the department for each educational program to be paid by the participant. Such fee shall be an amount necessary to cover program costs;
(9) Procedures and requirements to allow the director to issue temporary certificates as provided in section 81-15,135; and
(10) Provisions for granting exemptions to operators of individual septic tank systems, nondischarging lagoon systems, and other disposal systems as determined by the council.
Source
Laws 1987, LB 533, § 3;
Laws 2007, LB161, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,131 - Director; powers and duties.

81-15,131.
Director; powers and duties.
The director shall have authority to exercise all incidental powers necessary to carry out the purposes of the Wastewater Treatment Operator Certification Act. In carrying out such powers the director shall advise, consult, and cooperate with agencies of the state, the federal government, other states, interested groups, political subdivisions, and industries.
Source
Laws 1987, LB 533, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,132 - Operator certification without examination; recommended by governing body or owner.

81-15,132.
Operator certification without examination; recommended by governing body or owner.
The director may provide for certification without examination of any operator recommended by a governing body or owner as having been in charge of the operation or supervising the operation of a wastewater treatment facility on August 30, 1987, and whose competence has been demonstrated. Certificates issued under this section shall be valid for a period of four years from August 30, 1987. After such four-year period, certificates granted under this section shall no longer be valid, and such operators shall become fully certified under the Wastewater Treatment Operator Certification Act.
Source
Laws 1987, LB 533, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,133 - Operator certification without examination; holder of certificate of competency.

81-15,133.
Operator certification without examination; holder of certificate of competency.
The director shall provide for certification without examination of operators who, on August 30, 1987, hold certificates of competency issued pursuant to a program which the director determines meets the requirements of the Wastewater Treatment Operator Certification Act.
Source
Laws 1987, LB 533, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,134 - Wastewater treatment facilities; supervision required; exceptions.

81-15,134.
Wastewater treatment facilities; supervision required; exceptions.
Within two years following August 30, 1987, all wastewater treatment facilities shall be under the supervision of an operator certified by the director at least to the level of classification of the wastewater treatment facility to be supervised by such operator, except that individual septic tank systems and individual wastewater treatment lagoons for domestic wastewater treatment shall be exempt from the Wastewater Treatment Operator Certification Act. No operator shall be required to be certified in a classification other than that corresponding to the classification of the wastewater treatment facility to be supervised by the operator.
Source
Laws 1987, LB 533, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,135 - Temporary certificate.

81-15,135.
Temporary certificate.
The director shall have the authority to issue a temporary certificate to an operator of a wastewater treatment facility which relies on the services of one person for its operation. A temporary certificate shall be valid for a period of one year after which time such operator shall be required to become fully certified under the Wastewater Treatment Operator Certification Act.
Source
Laws 1987, LB 533, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,136 - Certificate; revoke, suspend, or refuse; grounds.

81-15,136.
Certificate; revoke, suspend, or refuse; grounds.
The director may revoke, suspend, or refuse to grant the certificate of an operator, following opportunity for hearing, upon any reasonable ground including, but not limited to, the following: (1) The operator has practiced fraud or deception; (2) reasonable care was not used in the performance of duties; (3) the operator is unable to perform duties properly; or (4) for failure to maintain the minimal continuing education requirements of the Wastewater Treatment Operator Certification Act.
Source
Laws 1987, LB 533, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,138 - Certificate; term; renewal.

81-15,138.
Certificate; term; renewal.
Certificates shall expire two years from the date of issuance and shall be renewed by the director if the applicant has met minimum continuing education requirements and if other provisions of section 81-15,136 do not apply. Operators shall be given sixty days' notice prior to expiration of their certificates and shall have a ninety-day period after such expiration to renew their certificates.
Source
Laws 1987, LB 533, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,139 - Certification required; when.

81-15,139.
Certification required; when.
On and after two years following August 30, 1987, unless the director determines that an emergency exists, it shall be unlawful for any wastewater treatment facility to be operated unless its operator is duly certified under the Wastewater Treatment Operator Certification Act at the level of classification of the facility to be operated.
Source
Laws 1987, LB 533, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,140 - Reciprocal certification agreements; director; duties.

81-15,140.
Reciprocal certification agreements; director; duties.
(1) The director shall provide for reciprocal certification agreements with other states, territories, and countries if the requirements for certification by such other states, territories, and countries do not conflict with the Wastewater Treatment Operator Certification Act and are as stringent as those required by this state.
(2) In making determinations pursuant to subsection (1) of this section, the director may consider any generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities.
Source
Laws 1987, LB 533, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,141 - Violation; penalty.

81-15,141.
Violation; penalty.
Any person violating any provisions of the Wastewater Treatment Operator Certification Act or the rules and regulations adopted and promulgated pursuant to such act shall be subject to a civil fine of not more than five hundred dollars for each offense, and in the case of a continuing violation, each day of violation shall constitute a separate offense.
Source
Laws 1987, LB 533, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,142 - Appeal.

81-15,142.
Appeal.
Any person aggrieved by an order or decision of the director may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1987, LB 533, § 15;
Laws 1988, LB 352, § 179.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,143 - Wastewater Treatment Operator Certification Cash Fund; created; use; investment.

81-15,143.
Wastewater Treatment Operator Certification Cash Fund; created; use; investment.
All fees collected pursuant to the Wastewater Treatment Operator Certification Act shall be remitted to the State Treasurer for credit to the Wastewater Treatment Operator Certification Cash Fund which is hereby created. Such fund shall be administered by the department for the purposes of the act. Any money in the 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 1987, LB 533, § 16;
Laws 1995, LB 7, § 128.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,147 - Act, how cited.

81-15,147.
Act, how cited.
Sections 81-15,147 to 81-15,157 shall be known and may be cited as the Wastewater Treatment Facilities Construction Assistance Act.
Source
Laws 1988, LB 766, § 1;
Laws 1989, LB 311, § 7;
Laws 2011, LB383, § 5;
Laws 2014, LB514, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,148 - Legislative findings.

81-15,148.
Legislative findings.
The Legislature finds that the construction, rehabilitation, operation, and maintenance of modern and efficient sewer systems and wastewater treatment works are essential to protecting and improving the state's water quality, that protecting water quality is an issue of concern to all citizens of the state, that in addition to protecting and improving the state's water quality, adequate wastewater treatment works are essential to economic growth and development, and that the amount of needed assistance which may be provided to municipalities or counties for wastewater treatment purposes can be increased and needed projects can be undertaken more expeditiously through the issuance of revenue bonds and the deposit of the proceeds thereof into the Wastewater Treatment Facilities Construction Loan Fund.
The Legislature finds that construction, rehabilitation, operation, and maintenance of nonpoint source control systems are essential to water quality protection, that such systems are financially burdensome to municipalities and counties, and that the amount of needed assistance which may be provided to municipalities or counties for nonpoint source control systems can be increased and needed projects can be undertaken more expeditiously through the issuance of revenue bonds and the deposit of the proceeds of such bonds into the Wastewater Treatment Facilities Construction Loan Fund.
The Legislature finds and determines that the issuance of revenue bonds for the purpose of financing the fund serves a public purpose by assisting municipalities or counties in providing and improving wastewater treatment facilities and nonpoint source control systems and thereby providing clean 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 and its political subdivisions. 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.
The Legislature finds that a linked deposit program established to make low-interest loans available for the construction, rehabilitation, and enhancement of and assistance with nonpoint source control systems will improve the water quality of the waters of the state.
Source
Laws 1988, LB 766, § 2;
Laws 1989, LB 311, § 8;
Laws 1994, LB 1139, § 38;
Laws 1996, LB 1226, § 21;
Laws 2014, LB514, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,150 - Federal grants; director; powers.

81-15,150.
Federal grants; director; powers.
The director may obligate and administer any federal grants to municipalities and counties pursuant to the Wastewater Treatment Facilities Construction Assistance Act and the Clean Water Act.
Source
Laws 1988, LB 766, § 4;
Laws 1994, LB 1139, § 40;
Laws 1996, LB 1226, § 23;
Laws 2016, LB737, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,151.01 - Obligation to repay loan; effect.

81-15,151.01.
Obligation to repay loan; effect.
If funds are loaned to or otherwise deposited in the Wastewater Treatment Facilities Construction Loan Fund with an obligation to repay such loan or deposit, the obligation to repay the amount of the loan or deposit 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 deposit, be a valid and binding obligation of the fund and payable in accordance with the terms of the agreement executed by the department.
Source
Laws 1989, LB 311, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,151.02 - Pledge of fund or assets; effect.

81-15,151.02.
Pledge of fund or assets; effect.
Any pledge of the Wastewater Treatment Facilities Construction Loan Fund or any part thereof or any pledge of the assets of the fund 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 thereafter received by the fund 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 the fund 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 1989, LB 311, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,151.03 - Linked deposit program; eligible financial institution; duties; linked deposit program loans; use.

81-15,151.03.
Linked deposit program; eligible financial institution; duties; linked deposit program loans; use.
(1) The department may establish and administer the linked deposit program, pursuant to rules and regulations adopted and promulgated by the council, to promote loans by eligible financial institutions for the construction, rehabilitation, and enhancement of nonpoint source control systems for public or private owners thereof. When an eligible financial institution has executed a linked deposit agreement with the director, the director may deposit a portion of the Wastewater Treatment Facilities Construction Loan Fund with the eligible financial institution in low-yielding deposit accounts, certificates of deposit, or other authorized deposits as set forth in the linked deposit agreement between the director and the eligible financial institution. Such deposits shall not be subject to the requirements of the Public Funds Deposit Security Act. In the linked deposit agreement, the eligible financial institution shall make loans available at an interest rate lower than the otherwise prevailing interest rate for construction, rehabilitation, and enhancement of nonpoint source control systems. Eligibility for the linked deposit program shall be determined pursuant to rules and regulations adopted and promulgated by the council.
(2) Linked deposit program loans may be made to public or private owners by eligible financial institutions for the construction, rehabilitation, and enhancement of nonpoint source control systems including:
(a) Onsite wastewater and private septic systems;
(b) Local water protection projects, including best management practices for nutrient controls; and
(c) Eligible nonpoint source activities under the Livestock Waste Management Act.
Source
Laws 2014, LB514, § 5.
Cross References
Livestock Waste Management Act, see section 54-2416.
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,152 - Council; powers and duties.

81-15,152.
Council; powers and duties.
The council shall have the following powers and duties:
(1) The power to adopt and promulgate rules and regulations to govern the application procedure and requirements for making loans under the Wastewater Treatment Facilities Construction Assistance Act;
(2) The power to adopt a system for the ranking of wastewater treatment construction projects with known needs or for which loan applications have been received by the department. In establishing the system the council shall consider, among other things, the severity of pollution, public health, water quality impact, population, financial capability, and eligibility of the construction project for federal or state funds. This priority system shall be reviewed annually by the council;
(3) The power to adopt and promulgate rules and regulations to govern types of nonpoint source control system projects which will be eligible for loans and to adopt a system for priority ranking of such projects;
(4) The power to adopt a system of establishing interest rates to be charged on loans. The system shall presume that the current market interest rate shall be charged unless a municipality or a county demonstrates a serious financial hardship. The system may allow discounted interest rates for short-term loans. The following factors shall be considered when making a determination of serious financial hardship: Income level of residents; amount of debt and debt service requirements; and level of user fees both in absolute terms and relative to income of residents;
(5) The power to create an administrative fee to be assessed on a loan for the purpose of administering the Wastewater Treatment Facilities Construction Assistance Act. Such fee shall be based on the availability of federal funding for such purpose and the projected administrative needs for carrying out the purposes of the act;
(6) The power to determine the maximum amount of any one loan or combination of loans for any single municipality or any single county;
(7) Except as limited by section 81-15,151, the power to obligate the Wastewater Treatment Facilities Construction Loan Fund and the assets thereof, in whole or in part, to repay with interest loans to or deposits into the fund, including bonds, the proceeds of which are deposited into the fund;
(8) The power to adopt and promulgate rules and regulations to govern the application procedure and requirements, including any funding caps and cost-share requirements, for grants pursuant to subdivision (12) of section 81-15,153;
(9) The power to adopt and promulgate rules and regulations to establish and administer the linked deposit program; and
(10) The power to adopt and promulgate rules and regulations for refinancing of debt obligations of municipalities in accordance with section 81-15,151.
Source
Laws 1988, LB 766, § 6;
Laws 1989, LB 623, § 2;
Laws 1989, LB 311, § 10;
Laws 1994, LB 1139, § 41;
Laws 1996, LB 1226, § 25;
Laws 2000, LB 1234, § 14;
Laws 2014, LB514, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,154 - Categories of loan eligibility; eligible items.

81-15,154.
Categories of loan eligibility; eligible items.
Categories of loan eligibility shall include: Primary, secondary, or tertiary treatment and appurtenances; infiltration and inflow correction; major sewer system rehabilitation; new collector sewers and appurtenances; new intercepters and appurtenances; acquisition of land integral to the treatment process; acquisition of land and interests in land necessary for construction; correction of combined sewer overflows; water conservation, efficiency, or reuse; energy efficiency; reuse or recycling of wastewater, stormwater, or subsurface drainage water; development and implementation of watershed projects; measures to increase the security of treatment works; and nonpoint source control systems. Loans shall be made only for eligible items within such categories. For loans made entirely from state funds, eligible items shall include, but not be limited to, the costs of engineering services and contracted construction. Eligible items shall not include the costs of water rights, legal costs, fiscal agent's fees, operation and maintenance costs, and municipal or county administrative costs. For loans made in whole or in part from federal funds, eligible items shall be those identified pursuant to the Clean Water Act.
Source
Laws 1988, LB 766, § 8;
Laws 1989, LB 623, § 3;
Laws 1994, LB 1139, § 43;
Laws 1996, LB 1226, § 27;
Laws 2016, LB737, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,155 - Loans to municipalities or counties; conditions.

81-15,155.
Loans to municipalities or counties; conditions.
(1) All loans made under the Wastewater Treatment Facilities Construction Assistance Act shall be made only to municipalities or to counties that:
(a) Meet the requirements of financial capability set by the department;
(b) Pledge sufficient revenue sources for the repayment of the loan if such revenue may by law be pledged for that purpose;
(c) Agree to maintain financial records according to generally accepted government accounting standards and to conduct an audit of the project's financial records;
(d) Provide a written assurance, signed by an attorney, that the municipality or county has proper title, easements, and rights-of-way to the property on or through which the wastewater treatment works or nonpoint source control systems is to be constructed or extended;
(e) Require the contractor of the construction project to post separate performance and payment bonds or other security approved by the department in the amount of the bid;
(f) Provide a written notice of completion and start of operation of the facility; and
(g) Employ a professional engineer to provide and be responsible for engineering services on the project such as an engineering report, construction contract documents, observation of construction, and startup services.
(2) Loans made under the act for the construction, rehabilitation, operation, and maintenance of wastewater treatment works shall be made only to municipalities or to counties which meet the conditions of subsection (1) of this section and, in addition, that:
(a) Develop and implement a long-term wastewater treatment works management plan for the term of the loan, including yearly renewals;
(b) Provide capacity for up to the term of the loan, but not less than twenty years, for domestic and industrial growth or reasonable capacity as determined by the department;
(c) Agree to operate and maintain the wastewater treatment works so that it will function properly over the structural and material design life which shall not be less than twenty years; and
(d) Provide a certified operator pursuant to voluntary or mandatory certification program, whichever is in effect.
Source
Laws 1988, LB 766, § 9;
Laws 1994, LB 1139, § 44;
Laws 1996, LB 1226, § 28;
Laws 1997, LB 622, § 125;
Laws 2016, LB737, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,156 - Loan terms.

81-15,156.
Loan terms.
Loan terms shall include, but not be limited to, the following:
(1) The term of the loan shall not exceed the lesser of thirty years or the projected useful life of the project;
(2) The interest rate shall be at or below market interest rates;
(3) The annual principal and interest payment shall commence not later than one year after completion of any project and all loans shall be fully amortized not later than the loan term after the date of completion of the project; and
(4) The loan recipient shall immediately repay any loan when a grant has been received which covers costs provided for by such loan.
Source
Laws 1988, LB 766, § 10;
Laws 2016, LB737, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,157 - Loans; procedures for granting.

81-15,157.
Loans; procedures for granting.
Loans shall be granted for projects in accordance with the procedures established through the state's continuing planning process pursuant to sections 205(j), 208, 303(e), and 320 of the Clean Water Act and for projects listed on the state's priority list under section 216 of the Clean Water Act.
Source
Laws 1988, LB 766, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,158.01 - Act, how cited.

81-15,158.01.
Act, how cited.
Sections 81-15,158.01 to 81-15,165 shall be known and may be cited as the Waste Reduction and Recycling Incentive Act.
Source
Laws 1994, LB 1034, § 4;
Laws 1997, LB 495, § 6;
Laws 2016, LB1101, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,159 - Legislative findings and intent; state purchases; preference requirements.

81-15,159.
Legislative findings and intent; state purchases; preference requirements.
(1) The Legislature hereby finds and declares that:
(a) Some landfills operating with or without a permit in Nebraska exhibit numerous operational and management practices which are inconsistent with proper landfill management and permit requirements, and the owners and operators of such landfills should be encouraged to cooperate and work with the Department of Environment and Energy to ensure that the air, land, and water of this state are not polluted;
(b) Some landfills in Nebraska are reaching capacity and the siting of a new location can be a financially expensive and socially disruptive process, and because of this situation all Nebraska citizens and businesses are encouraged to implement waste reduction measures that will result in a reduction of waste entering landfills by at least twenty-five percent;
(c) Recycling and waste reduction are necessary components of any well-managed waste management system and can extend the lifespan of a landfill and provide alternative waste management options; and
(d) The state can encourage recycling by the example of its own purchase and use of recycled and recyclable materials. The state can also encourage recycling and waste reduction by the creation of funding grants which support existing and future waste management systems.
(2) It is the intent of the Legislature that the state, as a major consumer and an example for others, should assist resource recovery by making a concerted effort to use recyclable and recycled products and encourage other levels of government and the private sector to follow its example. When purchasing products, materials, or supplies for use by the State of Nebraska, the Department of Administrative Services, the University of Nebraska, and any other state agency making such purchases shall give preference to and purchase products, materials, and supplies which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use. Preference shall also be given to the purchase of corn-based biodegradable plastics and road deicers, depending on the availability and suitability of such products. Such preference shall not operate when it would result in the purchase of products, materials, or supplies which are of inadequate quality or substantially higher cost.
Source
Laws 1990, LB 163, § 1;
Laws 1992, LB 1257, § 94;
Laws 2019, LB302, § 129.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,159.01 - Department of Environment and Energy; conduct study; establish advisory committee; members; department powers; report.

81-15,159.01.
Department of Environment and Energy; conduct study; establish advisory committee; members; department powers; report.
(1) The Department of Environment and Energy shall conduct a study to examine the status of solid waste management programs operated by the department and make recommendations to modernize and revise such programs. The study shall include, but not be limited to: (a) Whether existing state programs regarding litter and waste reduction and recycling should be amended or merged; (b) a needs assessment of the recycling and composting programs in the state, including the need for infrastructure development operating standards, market development, coordinated public education resulting in behavior change, and incentives to increase recycling and composting; (c) methods to partner with political subdivisions, private industry, and private, nonprofit organizations to most successfully address waste management issues in the state; (d) recommendations regarding existing funding sources and possible new revenue sources at the state and local level to address existing and emerging solid waste management issues; and (e) revisions to existing grant programs to address solid waste management issues in a proactive manner.
(2) The Director of Environment and Energy shall establish an advisory committee to advise the department regarding the study described in this section. The members of the advisory committee shall be appointed by the director and shall include no more than nine members. The director shall designate a chairperson of the advisory committee. The members shall receive no compensation for their services.
(3) In addition to the advisory committee, the department may hire consultants and special experts to assist in the study described in this section. After completion of the study, the department shall submit a report, including recommendations, to the Executive Board of the Legislative Council and the chairpersons of the Natural Resources Committee, the Urban Affairs Committee, and the Appropriations Committee of the Legislature no later than December 15, 2017. The report shall be submitted electronically.
Source
Laws 2016, LB1101, § 2;
Laws 2019, LB302, § 130.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,159.02 - Terms, defined.

81-15,159.02.
Terms, defined.
For purposes of the Waste Reduction and Recycling Incentive Act:
(1) Council means the Environmental Quality Council;
(2) Department means the Department of Environment and Energy;
(3) Director means the Director of Environment and Energy;
(4) Scrap tire or waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect;
(5) Tire means any tire made of rubber or other resilient material and normally used on any vehicle;
(6) Tire-derived product means the usable product produced from a scrap tire. Tire-derived product does not include crumb rubber or chipped tires not intended for a direct end use and does not include baled tires or tire-derived fuel; and
(7) Tire retailer means a person, business, or other entity which engages in the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale.
Source
Laws 1994, LB 1034, § 6;
Laws 1997, LB 495, § 8;
Laws 2003, LB 143, § 10;
Laws 2019, LB302, § 131.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,162 - Fees on tires; collection; disbursement.

81-15,162.
Fees on tires; collection; disbursement.
(1) There is hereby imposed a fee of one dollar on each tire of every new motor vehicle, trailer, or semitrailer sold at retail in this state. Such fee shall be collected by the county treasurer at the time of registration of the motor vehicle, trailer, or semitrailer and remitted to the Department of Revenue.
(2) There is hereby imposed a fee of one dollar on every tire sold at retail in this state, including every farm tractor tire, which tires are not on a motor vehicle, trailer, or semitrailer pursuant to subsection (1) of this section. Such fee shall be collected from the purchaser by the tire retailer at the time of purchase and shall be remitted to the Department of Revenue.
(3) For purposes of this section, tire shall have the definition found in section 81-15,159.02 and shall include a pneumatic and solid tire but shall not include a recapped or regrooved tire.
(4) Subject to section 81-15,165, the fees remitted to the Department of Revenue under this section shall be remitted to the State Treasurer for credit to the Waste Reduction and Recycling Incentive Fund. Fees collected in excess of one million five hundred thousand dollars shall be available for grants to political subdivisions under rules and regulations adopted pursuant to subdivision (6)(b)(i) of section 13-2042.
Source
Laws 1990, LB 163, § 4;
Laws 1994, LB 1034, § 10;
Laws 1999, LB 592, § 4;
Laws 2003, LB 143, § 13;
Laws 2011, LB29, § 3;
Laws 2013, LB549, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,162.07 - Grant recipients; reports required.

81-15,162.07.
Grant recipients; reports required.
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 recipients to ensure that the purposes of the Waste Reduction and Recycling Incentive Act are achieved.
Source
Laws 1994, LB 1034, § 17;
Laws 1997, LB 495, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,163 - Annual waste reduction and recycling fee; amount; collection.

81-15,163.
Annual waste reduction and recycling fee; amount; collection.
There is hereby imposed an annual waste reduction and recycling fee of twenty-five dollars on all businesses engaged in business in this state with retail sales of tangible personal property of fifty thousand dollars or more, which sales are subject to the tax imposed by the Nebraska Revenue Act of 1967. For all fee periods beginning on or after July 1, 1999, the twenty-five-dollar fee shall be paid for each business location of such business in this state if the retail sales of tangible personal property for the location are fifty thousand dollars or more. Subject to section 81-15,165, the fee shall be collected by the Department of Revenue and remitted to the State Treasurer for credit to the Waste Reduction and Recycling Incentive Fund.
Source
Laws 1990, LB 163, § 5;
Laws 1993, LB 203, § 21;
Laws 1999, LB 59, § 1.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,164 - Collection of fees; manner.

81-15,164.
Collection of fees; manner.
(1) Except as provided in subsections (2) and (3) of this section, the fees imposed by sections 81-15,159 to 81-15,165 shall be collected in the same manner as the sales tax under the Nebraska Revenue Act of 1967, including provisions of the act relating to interest, penalties, and collection procedures. No fees shall be charged for any permits under section 81-15,162, and no collection fees shall be allowed any retailer.
(2) The fees imposed by section 81-15,162 shall be due and payable to the Tax Commissioner monthly on or before the twenty-fifth day of the month next succeeding each monthly period.
(3) The fees imposed by section 81-15,163 shall be collected in the same manner as the litter fee under the Nebraska Litter Reduction and Recycling Act, including provisions of the act relating to due dates, interest, penalties, and collection procedures. No fees shall be charged for any permits, and no collection fees shall be allowed any retailer.
Source
Laws 1990, LB 163, § 6;
Laws 1993, LB 203, § 22;
Laws 1994, LB 1034, § 18;
Laws 1999, LB 59, § 2;
Laws 2011, LB210, § 13.
Cross References
Nebraska Litter Reduction and Recycling Act, see section 81-1534.
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,165 - Tax Commissioner; collection fee; Waste Reduction and Recycling Incentive Fees Collection Fund; created; investment.

81-15,165.
Tax Commissioner; collection fee; Waste Reduction and Recycling Incentive Fees Collection Fund; created; investment.
The Tax Commissioner shall deduct and withhold from the fees collected pursuant to sections 81-15,159 to 81-15,165 a fee sufficient to reimburse himself or herself for the actual cost of collecting and administering such fees and shall credit such collection fee to the Waste Reduction and Recycling Incentive Fees Collection Fund which is hereby created. The Legislature shall appropriate money from the fund to the Department of Revenue to cover the actual costs of the department in administering the Waste Reduction and Recycling Incentive Act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Waste Reduction and Recycling Incentive Fees Collection 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 1990, LB 163, § 7;
Laws 1993, LB 203, § 23;
Laws 1994, LB 1034, § 19;
Laws 1994, LB 1066, § 123;
Laws 2009, First Spec. Sess., LB3, § 79.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,166 - Comprehensive plan; department; duties; legislative intent; Environmental Quality Council; duties.

81-15,166.
Comprehensive plan; department; duties; legislative intent; Environmental Quality Council; duties.
The Department of Environment and Energy, with the advice and consent of the Environmental Quality Council, shall contract for the preparation of a comprehensive solid waste management plan. Such plan shall be contracted for and prepared on or before December 15, 1991.
It is the intent of the Legislature that in preparation of the plan the state consider the following hierarchy of criteria: (1) Volume reduction at the source; (2) recycling, reuse, and vegetative waste composting; (3) incineration with energy resource recovery; (4) incineration for volume reduction; and (5) land disposal.
It is the intent of the Legislature that the plan be used as a guide to assist political subdivisions in the planning and implementation of their individual, joint, or regional solid waste management systems. The comprehensive solid waste management plan shall not supersede or impair plans, agreements, or contracts initiated by political subdivisions prior to December 15, 1991.
The Environmental Quality Council shall adopt and promulgate rules and regulations for solid waste management options which comply with Environmental Protection Agency rules and guidelines, including rules and guidelines promulgated pursuant to the 1984 Hazardous and Solid Waste Amendments to Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq.
Source
Laws 1990, LB 163, § 9;
Laws 1991, LB 325, § 2;
Laws 1993, LB 3, § 71;
Laws 2019, LB302, § 133.