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2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.22 - Commercial hazardous waste management facility permit; expiration; renewal.

81-1521.22.
Commercial hazardous waste management facility permit; expiration; renewal.
Permits shall expire five years following the date of issuance but may be renewed if the permittee has complied with the provisions of the Environmental Protection Act and the rules and regulations adopted and promulgated thereunder.
Source
Laws 1980, LB 853, § 12;
R.S.1943, (1981), § 81-1521.05;
Laws 1987, LB 114, § 16;
Laws 1987, LB 152, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.23 - Commercial hazardous waste management facility permit; revocation; when.

81-1521.23.
Commercial hazardous waste management facility permit; revocation; when.
The director may revoke the permit for a commercial hazardous waste management facility, pursuant to subsection (3) of section 81-1507, if he or she finds that the facility is not being operated in accordance with the Environmental Protection Act and rules and regulations adopted and promulgated thereunder.
Source
Laws 1980, LB 853, § 13;
R.S.1943, (1981), § 81-1521.06;
Laws 1987, LB 114, § 17;
Laws 1987, LB 152, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1523 - Accumulation of junk; unlawful.

81-1523.
Accumulation of junk; unlawful.
It shall be unlawful for any property owner or person in lawful possession of property to allow the accumulation of junk on property that is not purely agricultural in character to the extent that such accumulation is a potential hazard to health.
Source
Laws 1971, LB 939, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1524 - Accumulation of junk; investigation; removal; notice.

81-1524.
Accumulation of junk; investigation; removal; notice.
The department of health of a city, or the director, as the case may be, shall have the power to investigate all complaints of violations of section 81-1523 and, if either the department or director finds that the property owner or person in lawful possession of the property has allowed an unlawful accumulation of junk, shall give notice to the owner or person in lawful possession of the property by certified or registered mail to remove the accumulation within thirty days.
Source
Laws 1971, LB 939, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1525 - Accumulation of junk; failure to remove; violation; penalty.

81-1525.
Accumulation of junk; failure to remove; violation; penalty.
Any property owner or person in lawful possession of property who fails or refuses to remove an accumulation of junk as directed by the director pursuant to section 81-1524 shall be guilty of a Class IV misdemeanor.
Source
Laws 1971, LB 939, § 25;
Laws 1972, LB 1435, § 13;
Laws 1977, LB 39, § 305;
Laws 2007, LB8, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1526 - Rules and regulations; provisions applicable; exceptions.

81-1526.
Rules and regulations; provisions applicable; exceptions.
(1) All rules and regulations adopted by the council and all hearings and other proceedings of the director, and judicial review thereof, shall be subject to the provisions of the Administrative Procedure Act.
(2) Nothing in this section shall be construed to require a hearing prior to the issuance of an emergency order pursuant to section 81-1507.
(3) Nothing in the Administrative Procedure Act shall be construed to render inapplicable or unenforceable the procedure set forth in section 81-1507. In any case of inconsistency or conflict, the provisions of section 81-1507 shall prevail.
Source
Laws 1971, LB 939, § 26;
Laws 1974, LB 1029, § 8.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1527 - Records and information; confidential use.

81-1527.
Records and information; confidential use.
(1) Any records or other information furnished to or obtained by the department concerning one or more air, water, or land contaminant sources, which records or information, as certified by the owner or operator and determined by the director to relate to methods or processes entitled to protection as trade secrets of such owner or operator, shall be only for the confidential use of the department in the administration of the Environmental Protection Act and the Integrated Solid Waste Management Act unless such owner or operator expressly agrees to their publication or availability to the general public, except that emission data obtained under the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., or effluent data, permit applications, draft permits, or permits as issued, all under the National Pollutant Discharge Elimination System, pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended, shall be available to the public during business hours. Any information to be accorded confidential status in a national pollutant discharge elimination system form shall be forwarded to the Regional Administrator of the Environmental Protection Agency for concurrence with the director's determination of such status. Nothing in this section shall be construed to prevent the use of such records or information by the department in compiling or publishing analyses or summaries relating to the general condition of water or the land or the outdoor atmosphere as long as such analyses or summaries do not identify any owner or operator or reveal any information otherwise confidential under this section.
(2) The director shall permit the Administrator or Regional Administrator of the Environmental Protection Agency or his or her delegates to inspect the confidential records of the department concerning a given source.
Source
Laws 1971, LB 939, § 27;
Laws 1972, LB 1435, § 14;
Laws 1974, LB 1029, § 9;
Laws 1984, LB 1078, § 7;
Laws 1992, LB 1257, § 90.
Cross References
Integrated Solid Waste Management Act, see section 13-2001.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1529 - Act, how construed.

81-1529.
Act, how construed.
Nothing in the Environmental Protection Act shall be construed to:
(1) Grant to the department any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops or private property appurtenant thereto;
(2) Affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution; or
(3) Supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety.
Source
Laws 1971, LB 939, § 29;
Laws 1987, LB 152, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1531.01 - Act, how construed.

81-1531.01.
Act, how construed.
Nothing in the Environmental Protection Act shall be construed to apply to any wells or holes covered by sections 57-901 to 57-922.
Source
Laws 1983, LB 356, § 10;
Laws 2016, LB1082, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1531.02 - Uranium mining; department; regulatory duties; prohibited methods; enforcement.

81-1531.02.
Uranium mining; department; regulatory duties; prohibited methods; enforcement.
(1) The department shall recommend an appropriate regulatory policy for controlling uranium mining to be presented to the council and the Legislature by January 1, 1986. The department shall evaluate all reasonable regulatory options for addressing the impacts on air, land, and water quality of uranium mining by methods other than mineral production and injection wells which are presently regulated. The department shall examine and consider regulatory programs created by other states and the federal government, their applicability to Nebraska, and their success in the states or areas where they are used and shall consider, but not be limited to, the following policy options:
(a) The development of uranium surface and shaft mining regulations;
(b) The development of regulations addressing appropriate development, mitigation, or reclamation standards for uranium mining or uranium mining-related activities;
(c) The appropriateness of developing regulations addressing ground or surface water use standards for uranium mining or uranium mining-related activities as a means of limiting the impact of uranium mining on land and water resources; and
(d) The use of any other existing state regulatory programs to control or regulate the impacts of uranium mining on land and water resources.
(2) The department shall perform the evaluation in cooperation with other state agencies which have or could have a role in regulating the impacts of uranium mining on Nebraska's people and resources or in controlling other uranium mining activities. The department shall also create a citizen advisory panel, of interested or affected parties, which shall be consulted for its input and opinion on the results of the evaluation of regulatory options.
(3) Uranium mining by any method other than mineral production and injection wells shall be prohibited until legislation is passed authorizing the department to regulate such mining activities. It is the intent of the Legislature that uranium mining shall be regulated by the department. Upon receipt of evidence that uranium mining by any method other than by mineral production and injection wells or related activities are presenting or are likely to present an imminent and substantial threat to the environment, the director shall petition the district court for an injunction to immediately restrain any person from contributing to the alleged acts or to require any person to stop such acts or to take such other action as may be necessary. It shall be the duty of each 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 this section.
Source
Laws 1983, LB 356, § 11;
Laws 1984, LB 742, § 2;
Laws 1986, LB 1008, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1532 - Act, how cited.

81-1532.
Act, how cited.
Sections 81-1501 to 81-1532 shall be known and may be cited as the Environmental Protection Act.
Source
Laws 1971, LB 939, § 32;
Laws 1983, LB 356, § 12;
Laws 1987, LB 114, § 18;
Laws 1991, LB 528, § 2;
Laws 1992, LB 1257, § 92;
Laws 1994, LB 570, § 12;
Laws 1998, LB 1209, § 30;
Laws 2000, LB 1234, § 13;
Laws 2001, LB 461, § 8;
Laws 2004, LB 449, § 3;
Laws 2015, LB413, § 7;
Laws 2022, LB809, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1534 - Act, how cited.

81-1534.
Act, how cited.
Sections 81-1534 to 81-1566 shall be known and may be cited as the Nebraska Litter Reduction and Recycling Act.
Source
Laws 1979, LB 120, § 1;
Laws 1993, LB 203, § 2;
Laws 2007, LB568, § 1.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1535 - Legislative declaration; litter and recycling program.

81-1535.
Legislative declaration; litter and recycling program.
The Legislature declares that the protection of the public health, safety, and well-being, the maintenance of the economic productivity and environmental quality of the state, and the conservation of natural resources require the implementation of a comprehensive litter and recycling program throughout the state and the rapid development of technologically and economically feasible operational projects for the recovery of energy and resources.
Source
Laws 1979, LB 120, § 2.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1536 - Definitions, where found.

81-1536.
Definitions, where found.
For purposes of the Nebraska Litter Reduction and Recycling Act, unless the context otherwise requires, the definitions found in sections 81-1537 to 81-1548.04 shall be used.
Source
Laws 1979, LB 120, § 3;
Laws 1981, LB 253, § 2;
Laws 1993, LB 203, § 3.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1537 - Department, defined.

81-1537.
Department, defined.
Department shall mean the Department of Environment and Energy.
Source
Laws 1979, LB 120, § 4;
Laws 1993, LB 3, § 50;
Laws 2019, LB302, § 113.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1540 - Director, defined.

81-1540.
Director, defined.
Director shall mean the Director of Environment and Energy.
Source
Laws 1979, LB 120, § 7;
Laws 1993, LB 3, § 52;
Laws 2019, LB302, § 114.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1541 - Litter, defined.

81-1541.
Litter, defined.
Litter shall mean all waste material susceptible to being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state, but not including the wastes of primary processes of farming or manufacturing. Waste material as used in this section shall mean any material appearing in a place or in a context not associated with that material's function or origin.
Source
Laws 1979, LB 120, § 8;
Laws 1981, LB 253, § 3.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1542 - Manufacturer, defined.

81-1542.
Manufacturer, defined.
Manufacturer shall mean any person engaged in a business activity who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sale of tangible personal property which the person has made, produced, manufactured, processed, or fabricated which is within any of the categories listed in section 81-1560.
Source
Laws 1979, LB 120, § 9;
Laws 1981, LB 253, § 4;
Laws 1993, LB 203, § 4.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1543 - Person, defined.

81-1543.
Person, defined.
Person shall mean any natural person, political subdivision, government agency, public or private corporation, partnership, limited liability company, joint venture, association, firm, or individual proprietorship.
Source
Laws 1979, LB 120, § 10;
Laws 1993, LB 121, § 539.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1544 - Public place, defined.

81-1544.
Public place, defined.
Public place shall mean any place or area in the state that is used or held out for use by the public, whether owned or operated by public or private interests.
Source
Laws 1979, LB 120, § 11.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1545 - Recycling, defined.

81-1545.
Recycling, defined.
Recycling shall mean the process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the resources contained therein.
Source
Laws 1979, LB 120, § 12.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1548.01 - Wholesaler, defined.

81-1548.01.
Wholesaler, defined.
Wholesaler shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from sales at the wholesale level to retailers, other merchants, or industrial, institutional, and commercial users of any tangible personal property falling into any of the categories listed in section 81-1560 which is sold at the wholesale level.
Source
Laws 1981, LB 253, § 5;
Laws 1993, LB 203, § 5.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1548.02 - Retailer, defined.

81-1548.02.
Retailer, defined.
Retailer shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sales of tangible personal property for storage, use, or other consumption or from the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption of any of the products, including byproducts, falling into the categories listed in section 81-1560.02.
Source
Laws 1981, LB 253, § 6;
Laws 1993, LB 203, § 6.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1548.03 - Tangible personal property, defined.

81-1548.03.
Tangible personal property, defined.
Tangible personal property shall mean all tangible personal property except:
(1) Gas, electricity, and water delivered through mains, lines, pipes, or channels to purchasers;
(2) Food and food products for human or pet consumption sold in bulk form and not packaged or subpackaged in individual containers, packages, or units, or a type of size not suitable for sale to consumers purchasing in the ordinary course of retail marketing; and
(3) Fertilizer, seeds, annual plants, any form of animal life, and animal feed sold for resale or use in the agricultural food industry.
Source
Laws 1981, LB 253, § 7.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1548.04 - Gross proceeds, defined.

81-1548.04.
Gross proceeds, defined.
Gross proceeds shall mean the total receipts from all sales less expenditures for the purchase of any item in this state for the purpose of recycling such item.
Source
Laws 1981, LB 253, § 8.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1549 - Council; adopt rules and regulations.

81-1549.
Council; adopt rules and regulations.
In addition to other powers and duties, the council shall have the power to propose and to adopt and promulgate rules and regulations necessary to carry out the provisions, purposes, and intent of the Nebraska Litter Reduction and Recycling Act.
Source
Laws 1979, LB 120, § 16;
Laws 1981, LB 253, § 9;
Laws 1993, LB 203, § 7.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1550 - Litter prone activities and areas; litter receptacles; required.

81-1550.
Litter prone activities and areas; litter receptacles; required.
Litter prone activities and areas shall be required to have appropriate litter receptacles meeting minimum standards established by the department. The council shall, by regulation, determine what are litter prone activities and areas.
Source
Laws 1979, LB 120, § 17.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1551 - Litter receptacles; owner or operator provide and maintain; penalty.

81-1551.
Litter receptacles; owner or operator provide and maintain; penalty.
It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by section 81-1550 to procure and place such receptacles at his or her own expense on the premises and to maintain the same in accord with rules and regulations adopted by the council. Any person who fails to place such litter receptacles on the premises in the numbers required or to maintain such receptacles in the manner required shall be guilty of a Class V misdemeanor.
Source
Laws 1979, LB 120, § 18;
Laws 1981, LB 253, § 10.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1552 - Litter receptacle; abuse; misuse; prohibited; violation; penalty.

81-1552.
Litter receptacle; abuse; misuse; prohibited; violation; penalty.
(1) No person shall damage, deface, abuse, or misuse any litter receptacle not owned by him or her so as to interfere with its proper function or to detract from its proper appearance.
(2) No person shall deposit leaves, clippings, prunings, garden refuse, or household waste materials in any litter receptacle, except with the permission of the owner of such receptacle.
(3) Any person violating this section shall be guilty of a Class V misdemeanor.
Source
Laws 1979, LB 120, § 19;
Laws 1981, LB 253, § 11.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1553.01 - Litter problem; surveys; department; grant funds; progress report.

81-1553.01.
Litter problem; surveys; department; grant funds; progress report.
Prior to April 5, 2007, in order to identify the litter problem more fully and to measure the progress made by the department, the department conducted, or granted funds to enable public or private agencies to conduct, a survey measuring the amount and composition of litter on the public highways, recreation lands, and urban areas in the state. The department shall conduct, or grant funds to enable public or private agencies to conduct, followup surveys on a sufficiently regular basis to provide meaningful measurement of the amount and composition of litter and the rate of littering. The results of these surveys shall be reported to the Governor.
Source
Laws 2007, LB568, § 2.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1554 - Department; jobs for unemployed; design programs; grant funds.

81-1554.
Department; jobs for unemployed; design programs; grant funds.
In order to provide employment and to establish litter free areas, the department may design programs and grant funds for the use of unemployed persons on a seasonal and part-time basis. In designing such programs, the department shall cooperate and coordinate with federal, other governmental, and private programs aimed at providing jobs for the unemployed.
Source
Laws 1979, LB 120, § 21.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1555 - Department; encourage effective local littering laws.

81-1555.
Department; encourage effective local littering laws.
The department shall work toward establishing effective local ordinances and resolutions relating to littering laws.
Source
Laws 1979, LB 120, § 22.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1556 - Act; enforcement; personnel.

81-1556.
Act; enforcement; personnel.
The director may designate trained employees of the department to enforce and administer the Nebraska Litter Reduction and Recycling Act and all rules and regulations adopted pursuant to the act. The director may contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of the act. All peace officers of this state or any political subdivision of this state shall enforce the provisions of the act and all rules and regulations adopted pursuant to the act and are empowered to issue citations to any person violating any provision of the act in their presence.
Source
Laws 1979, LB 120, § 23;
Laws 1981, LB 253, § 13;
Laws 1993, LB 203, § 9.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1557 - Department; littering laws; appropriate provisions posted.

81-1557.
Department; littering laws; appropriate provisions posted.
The penalties which may be imposed for littering in this state and any provisions of the Nebraska Litter Reduction and Recycling Act deemed appropriate by the department shall be posted along public highways of this state, at visitor centers, at the entrance to state parks and recreation areas, at public beaches, and at such other public places as the department determines is necessary to accomplish the purposes of the act.
Source
Laws 1979, LB 120, § 24;
Laws 1981, LB 253, § 14;
Laws 1993, LB 203, § 10.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1558 - Nebraska Litter Reduction and Recycling Fund; created; use; investment.

81-1558.
Nebraska Litter Reduction and Recycling Fund; created; use; investment.
There is hereby created within the state treasury a fund to be known as the Nebraska Litter Reduction and Recycling Fund. The proceeds of the fee imposed by sections 81-1559 to 81-1560.02, money received by the department as gifts, donations, or contributions toward the goals stated in section 81-1535, and money received by the department for nonprofit activities concerning litter reduction and recycling, including, but not limited to, honoraria, literature furnished by the department, and funds realized as reimbursement for expenses in conducting educational forums, shall be remitted to the State Treasurer for credit to such fund to be used for the administration and enforcement of the Nebraska Litter Reduction and Recycling Act. Any money in the Nebraska Litter Reduction and Recycling 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 1979, LB 120, § 25;
Laws 1981, LB 253, § 15;
Laws 1993, LB 203, § 11;
Laws 1994, LB 1066, § 113;
Laws 1999, LB 592, § 2;
Laws 2017, LB331, § 52;
Laws 2020, LB858, § 19.
Termination Date: September 30, 2025
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 › 81-1559 - Annual litter fee; manufacturer; wholesaler; rate; collection and administration; license; revocation; violation; penalty.

81-1559.
Annual litter fee; manufacturer; wholesaler; rate; collection and administration; license; revocation; violation; penalty.
(1) To aid in defraying the cost of administration of the Nebraska Litter Reduction and Recycling Act and the Waste Reduction and Recycling Incentive Fund, there shall be collected an annual litter fee equal to one hundred seventy-five dollars for each one million dollars of gross proceeds of products manufactured and the sales of which are consummated within this state, including byproducts, in the case of manufacturers and equal to one hundred seventy-five dollars for each one million dollars of the gross proceeds of the sales consummated within this state in the case of wholesalers. The litter fee provided by this section shall not be applied to gross proceeds of the sales of any animal, bird, or insect or the milk, eggs, wool, fur, meat, honey, or other substance obtained therefrom if the person performs only the growing or raising function of such animal, bird, or insect. Such fee shall be collected and administered by the Department of Revenue. The fee imposed by this section shall be due on or before October 1 each year, based upon the gross proceeds for the immediately preceding July 1 to June 30 period. The collection and penalty provisions of the Nebraska Revenue Act of 1967 shall be applicable to the administration and collection of the fee imposed by this section.
(2) No manufacturer or wholesaler in the state shall produce or sell any product which falls within the categories enumerated in this section and section 81-1560 without having first obtained a license issued in the same manner as permits issued pursuant to section 77-2705. If the applicant is an individual, the application for the license shall include the applicant's social security number. Failure to obtain such license shall be a Class IV misdemeanor. Except as provided in section 81-1560.03, any manufacturer or wholesaler who fails to pay the fee imposed pursuant to subsection (1) of this section may have such license revoked in the same manner as permits are revoked pursuant to section 77-2705.
Source
Laws 1979, LB 120, § 26;
Laws 1981, LB 253, § 19;
Laws 1986, LB 1027, § 222;
Laws 1993, LB 203, § 12;
Laws 1997, LB 752, § 226.
Termination Date: September 30, 2025
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1560 - Litter fee; manufacturer; wholesaler; products subject to; enumerated.

81-1560.
Litter fee; manufacturer; wholesaler; products subject to; enumerated.
The fee imposed by section 81-1559 shall be calculated only on the value of products or the gross proceeds of sales of products which directly contribute to litter as defined in section 81-1541 and which fall into the following categories: (1) Food for human or pet consumption; (2) groceries; (3) cigarettes and other tobacco products; (4) soft drinks and carbonated waters; (5) liquor, wine, and beer and other malt beverages; (6) household paper and paper products, excluding magazines, periodicals, newspapers, and literary works; (7) glass containers; (8) metal containers; (9) plastic or fiber containers made of synthetic material; and (10) cleaning agents and toiletries.
Source
Laws 1979, LB 120, § 27;
Laws 1981, LB 253, § 20.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1560.01 - Annual litter fee; retailer; rate; collection and administration; license; revocation; violation; penalty.

81-1560.01.
Annual litter fee; retailer; rate; collection and administration; license; revocation; violation; penalty.
(1) There is hereby imposed on every person engaged in business within this state as a retailer selling products which fall within the categories enumerated in section 81-1560.02 an annual litter fee equal to one hundred seventy-five dollars for each one million dollars of gross proceeds of the sales which are consummated within this state except as provided in sections 81-1560.02 to 81-1560.04. The litter fee provided by this section shall not be applied to gross proceeds of the sales of any animal, bird, or insect or the milk, eggs, wool, fur, meat, honey, or other substance obtained therefrom, if the person performs only the growing or raising function of the animal, bird, or insect. The annual litter fee shall be collected and administered by the Department of Revenue. The fee imposed by this section shall be due on or before October 1 based upon the gross proceeds for the immediately preceding July 1 to June 30 period. The collection and penalty provisions of the Nebraska Revenue Act of 1967 shall be applicable to the administration and collection of the fee imposed by this section.
(2) No retailer in this state shall sell any product which falls within the categories enumerated in section 81-1560.02 without having first obtained a license issued in the same manner as permits issued pursuant to section 77-2705. Failure to obtain a license shall be a Class IV misdemeanor. Except as provided in sections 81-1560.02 to 81-1560.04, any retailer who fails to pay the fee imposed pursuant to subsection (1) of this section may have the license revoked in the same manner as permits are revoked pursuant to section 77-2705.
Source
Laws 1981, LB 253, § 16;
Laws 1993, LB 203, § 13;
Laws 1995, LB 581, § 1.
Termination Date: September 30, 2025
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1560.02 - Litter fee; retailer; products subject to fee.

81-1560.02.
Litter fee; retailer; products subject to fee.
The fee imposed by section 81-1560.01 shall be calculated only on the gross proceeds of sales of products falling into the following categories:
(1) Food for human consumption, beverages, soft drinks, carbonated water, liquor, wine, beer, and other malt beverages, unless sold by retailers solely for consumption indoors on the retailer's premises;
(2) Food for pet consumption;
(3) Cigarettes and other tobacco products;
(4) Household paper and household paper products;
(5) Cleaning agents; and
(6) Kitchen supplies.
Source
Laws 1981, LB 253, § 17;
Laws 1993, LB 203, § 14.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1560.03 - Litter fee; payment; nonduplication.

81-1560.03.
Litter fee; payment; nonduplication.
Any person engaged in business as both a manufacturer and a retailer or as both a wholesaler and a retailer shall pay the fee either under section 81-1559 or 81-1560.01, whichever is greater. No person shall be required to pay a fee more than once on the same item or product under the Nebraska Litter Reduction and Recycling Act.
Source
Laws 1981, LB 253, § 18;
Laws 1993, LB 203, § 15.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1560.04 - Litter fee; taxable and nontaxable sales; calculation.

81-1560.04.
Litter fee; taxable and nontaxable sales; calculation.
In lieu of requiring each license holder to separately account for taxable and nontaxable sales under sections 81-1560.01 and 81-1560.02, the Tax Commissioner shall provide by rule and regulation that the tax imposed under section 81-1560.01 may be reported and paid based on a percentage of the sales for a particular type of business if the Tax Commissioner determines that the percentage reasonably approximates the taxable activity of the particular type of business.
Source
Laws 1993, LB 203, § 16.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1562 - Annual grants; separate application.

81-1562.
Annual grants; separate application.
All grants under section 81-1561 shall be made on an annual basis. A separate application shall be required for each grant sought.
Source
Laws 1979, LB 120, § 29.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1563 - Grant recipients; periodic reports.

81-1563.
Grant recipients; periodic reports.
The department shall require periodic reports to be filed by grant recipients to enable the department to review and follow up on actions taken by grant recipients to insure that the purposes of the Nebraska Litter Reduction and Recycling Act are being achieved.
Source
Laws 1979, LB 120, § 30;
Laws 1981, LB 253, § 22;
Laws 1993, LB 203, § 18.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1565 - Funds; department; adopt eligibility guidelines for recipients.

81-1565.
Funds; department; adopt eligibility guidelines for recipients.
The department shall adopt guidelines for the determination of eligibility of public and private agencies and persons to receive funds pursuant to the Nebraska Litter Reduction and Recycling Act and the determination of qualification and suitability of plans submitted by such agencies and persons consistent with the purposes of the act.
Source
Laws 1979, LB 120, § 32;
Laws 1981, LB 253, § 23;
Laws 1993, LB 203, § 19.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1566 - Act; termination; extension; considerations.

81-1566.
Act; termination; extension; considerations.
The Nebraska Litter Reduction and Recycling Act shall terminate on September 30, 2025, unless extended by the Legislature. In order to determine whether such extension shall occur, the department shall review and evaluate the extent to which the purposes of the act have been and are being achieved and the need for continuation of the program and requirements established by the act. Such review and evaluation shall be completed at least six months prior to the date established by this section for termination of the act.
Source
Laws 1979, LB 120, § 33;
Laws 1981, LB 253, § 24;
Laws 1985, LB 127, § 1;
Laws 1992, LB 1257, § 93;
Laws 2001, LB 337, § 1;
Laws 2005, LB 33, § 1;
Laws 2010, LB798, § 1;
Laws 2014, LB844, § 1;
Laws 2020, LB858, § 20.
Termination Date: September 30, 2025
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1567 - Terms, defined.

81-1567.
Terms, defined.
As used in sections 81-1567 to 81-1570, unless the context otherwise requires:
(1) Discharge shall mean any leakage, seepage, or other release;
(2) Hazardous materials shall mean all materials and substances which are defined as hazardous by Nebraska or federal law or by the regulations of any Nebraska or federal government agency as of July 10, 1984; and
(3) Person shall mean any individual, partnership, limited liability company, corporation, association, or other entity.
Source
Laws 1984, LB 420, § 1;
Laws 1993, LB 121, § 540.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1568 - Volunteer; limitation on liability.

81-1568.
Volunteer; limitation on liability.
Any volunteer or any person who provides assistance or advice in attempting to mitigate or in mitigating the effects of an actual or threatened discharge of hazardous materials or who attempts to prevent, dispose of, or clean up or prevents, disposes of, or cleans up any such discharge shall not be subject to any civil liability or penalty, except that the person whose act or omission, in whole or in part, caused such actual or threatened discharge shall be liable for any negligence of such volunteer or other person.
Source
Laws 1984, LB 420, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1569 - Limitation on liability; exceptions.

81-1569.
Limitation on liability; exceptions.
Section 81-1568 shall not apply to any person:
(1) Whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable; or
(2) Who receives compensation other than reimbursement for out-of-pocket expenses for his or her services in rendering such assistance or advice.
Source
Laws 1984, LB 420, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1570 - Liability; when.

81-1570.
Liability; when.
Nothing in section 81-1568 shall be construed to limit or otherwise affect the liability of any person for damages resulting from his or her gross negligence or reckless or intentional misconduct.
Source
Laws 1984, LB 420, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1577.01 - Motor vehicle fuel storage tanks; aboveground tanks authorized.

81-1577.01.
Motor vehicle fuel storage tanks; aboveground tanks authorized.
(1) The State Fire Marshal shall permit by rule and regulation, in cities, in villages, and in unincorporated areas, the installation of aboveground tanks used for the storage of motor vehicle fuel by dealers who sell motor vehicle fuel at retail.
(2) For purposes of this section, dealers and motor vehicle fuel shall have the meanings provided in section 66-482 for importers and motor vehicle fuel.
Source
Laws 1990, LB 1118, § 1;
Laws 1991, LB 627, § 143;
Laws 2016, LB712, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1578 - Act, how cited.

81-1578.
Act, how cited.
Sections 81-1578 to 81-15,116 shall be known and may be cited as the Low-Level Radioactive Waste Disposal Act.
Source
Laws 1986, LB 491, § 1;
Laws 1987, LB 426, § 1;
Laws 1988, LB 1092, § 1;
Laws 1989, LB 761, § 1;
Laws 1991, LB 837, § 2;
Laws 1991, LB 716, § 1;
Laws 1996, LB 1201, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1579 - Legislative policy.

81-1579.
Legislative policy.
(1) The Legislature hereby declares that it is the policy of the State of Nebraska, in furtherance of its responsibility to cooperate and coordinate with the Central Interstate Low-Level Radioactive Waste Compact Commission and to protect the health, safety, and welfare of its citizens and the environment:
(a) To provide for the availability of capacity either within or outside the state for the commercial disposal of low-level radioactive waste generated within the state at commercial low-level radioactive waste disposal facilities as designated by the Central Interstate Low-Level Radioactive Waste Compact Commission, except for waste generated as a result of defense or federal research and development activities;
(b) To recognize that low-level radioactive waste can be most safely and efficiently managed on a regional basis; and
(c) To institute and maintain a regulatory program for commercial disposal of low-level radioactive waste at such facilities.
(2) It is also the policy of the State of Nebraska that the cost of disposal of low-level radioactive waste be borne by the generators of such waste. In furtherance of such policy, the state shall not be liable for any financial subsidy of the construction and maintenance of a low-level radioactive waste disposal facility.
(3) The Legislature hereby finds that it is the policy of the state that a facility for the disposal of low-level radioactive waste shall be established at a location that best protects the health and safety of its citizens and the environment. In selecting such location, the developer shall emphasize geologic, topographic, demographic, hydrologic, and other technical factors that contribute to such protection and shall construct, operate, and maintain such facility in a manner consistent with state and federal requirements.
It is the intent of the Legislature that potential host communities be actively and voluntarily involved in the siting process. To the extent possible, consistent with the highest level of protection for the health and safety of the citizens of the state and protection of the environment, the developer shall make every effort to locate the facility where community support is evident.
Source
Laws 1986, LB 491, § 2;
Laws 1987, LB 426, § 2;
Laws 1988, LB 1092, § 2.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1579.01 - Offices of commission; legislative intent.

81-1579.01.
Offices of commission; legislative intent.
It is the intent of the Legislature that the Central Interstate Low-Level Radioactive Waste Compact Commission shall establish a satellite office in the State of Nebraska within thirty days after May 26, 1989, and shall establish its central offices in the State of Nebraska prior to commencement of construction of the facility.
Source
Laws 1988, LB 1092, § 7;
Laws 1989, LB 761, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1580 - Act; purpose.

81-1580.
Act; purpose.
The purpose of the Low-Level Radioactive Waste Disposal Act is to effectuate the policies set forth in section 81-1579 by providing:
(1) A program of effective regulation of disposal of low-level radioactive waste based on zero-release objectives that will protect the public health and environment with an adequate margin of safety; and
(2) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to disposal of low-level radioactive waste.
Nothing in the Low-Level Radioactive Waste Disposal Act shall be intended to establish any other regulatory responsibilities pertaining to radioactive materials except for the licensing and regulation of a facility.
Source
Laws 1986, LB 491, § 3;
Laws 1987, LB 426, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1581 - Definitions, where found.

81-1581.
Definitions, where found.
For purposes of the Low-Level Radioactive Waste Disposal Act, unless the context otherwise requires, the definitions found in sections 81-1582 to 81-1597 shall be used.
Source
Laws 1986, LB 491, § 4;
Laws 1987, LB 426, § 4;
Laws 1988, LB 1092, § 3;
Laws 1989, LB 761, § 3;
Laws 1996, LB 1201, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1582 - Byproduct material, defined.

81-1582.
Byproduct material, defined.
Byproduct material shall mean (1) any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.
Source
Laws 1986, LB 491, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1583 - Closure or site closure and stabilization, defined.

81-1583.
Closure or site closure and stabilization, defined.
Closure or site closure and stabilization shall mean those actions that are taken upon completion of operations which prepare the disposal site for custodial care and which assure that the disposal site will remain stable and will not need ongoing active maintenance.
Source
Laws 1986, LB 491, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1584.01 - Custodial care, defined.

81-1584.01.
Custodial care, defined.
Custodial care shall mean the continued observation, monitoring, and care of a facility for a minimum of one hundred years following the operational life of the facility and closure pursuant to the rules and regulations of the department.
Source
Laws 1987, LB 426, § 5;
Laws 1996, LB 1201, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1585 - Decommissioning, defined.

81-1585.
Decommissioning, defined.
Decommissioning shall mean final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care.
Source
Laws 1986, LB 491, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1588 - Disposal, defined.

81-1588.
Disposal, defined.
Disposal shall mean the isolation and final disposition of radioactive waste from the biosphere by emplacement in a facility that employs technology dictated by a zero-release objective.
Source
Laws 1986, LB 491, § 11;
Laws 1987, LB 426, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1589 - High-level radioactive waste, defined.

81-1589.
High-level radioactive waste, defined.
High-level radioactive waste shall mean (1) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or equivalent in a facility for reprocessing irradiated reactor fuel, (3) solids into which such liquid wastes have been converted, and (4) other highly radioactive waste material as defined by the United States Nuclear Regulatory Commission.
Source
Laws 1986, LB 491, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1590 - Facility, defined.

81-1590.
Facility, defined.
Facility shall mean the land, building, and equipment selected pursuant to the Central Interstate Low-Level Radioactive Waste Compact and used or to be used for the disposal of low-level radioactive waste.
Source
Laws 1986, LB 491, § 13;
Laws 1987, LB 426, § 7;
Laws 1989, LB 761, § 4.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1590.01 - Licensed facility operator, defined.

81-1590.01.
Licensed facility operator, defined.
Licensed facility operator shall mean any person or entity who has obtained a license under the Low-Level Radioactive Waste Disposal Act to operate a facility, including any person or entity to whom an assignment of a license is approved by the department.
Source
Laws 1996, LB 1201, § 5.