reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-1907 - Rules and regulations; annual reports; evaluation; Governor; powers.

13-1907.
Rules and regulations; annual reports; evaluation; Governor; powers.
(1) The Department of Economic Development may adopt and promulgate rules and regulations to carry out sections 13-1901 to 13-1907, including standardized reporting and application procedures. Each development district shall submit annual performance and financial reports to the department which shall address the activities performed and services delivered.
(2) The Governor shall, from time to time, evaluate the effectiveness and activities of the development districts receiving assistance. If the Governor finds a development district to be ineffective, he or she may take action, including the withholding of assistance authorized under section 13-1906.
Source
Laws 1992, LB 573, § 7;
Laws 2015, LB661, § 27;
Laws 2019, LB334, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2001 - Act, how cited.

13-2001.
Act, how cited.
Sections 13-2001 to 13-2043 shall be known and may be cited as the Integrated Solid Waste Management Act.
Source
Laws 1992, LB 1257, § 1;
Laws 1994, LB 1207, § 1;
Laws 2003, LB 143, § 1;
Laws 2008, LB202, § 1;
Laws 2020, LB632, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2003 - Definitions, where found.

13-2003.
Definitions, where found.
For purposes of the Integrated Solid Waste Management Act, the definitions found in sections 13-2004 to 13-2016.01 shall be used.
Source
Laws 1992, LB 1257, § 3;
Laws 1994, LB 1207, § 4;
Laws 2003, LB 143, § 2;
Laws 2020, LB632, § 3.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2004 - Agency, defined.

13-2004.
Agency, defined.
Agency shall mean any combination of two or more municipalities or counties acting together under the Interlocal Cooperation Act or the Joint Public Agency Act, a natural resources district acting alone or together with one or more counties and municipalities under either of such acts, any joint entity as defined in section 13-803, or any joint public agency as defined in section 13-2503.
Source
Laws 1992, LB 1257, § 4;
Laws 1999, LB 87, § 56.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2004.01 - Container, defined.

13-2004.01.
Container, defined.
Container means a bag, cup, can, pouch, package, container, bottle, or other packaging that is (1) designed to be reusable, recyclable, or single-use, (2) made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, or postconsumer recycled or similar material or substrates, including coated, laminated, or multilayer substrates, and (3) designed for consuming, protecting, or transporting merchandise, food, or beverages from or at a food service or retail facility.
Source
Laws 2020, LB632, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2007 - County solid waste jurisdiction area, defined.

13-2007.
County solid waste jurisdiction area, defined.
County solid waste jurisdiction area shall mean all areas of a county not located within the corporate limits of a municipality except a facility which does not serve unincorporated areas of the county.
Source
Laws 1992, LB 1257, § 7.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2010 - Facility, defined.

13-2010.
Facility, defined.
Facility shall mean any site owned and operated or utilized by any person for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste and shall include a solid waste landfill.
Source
Laws 1992, LB 1257, § 10.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2011 - Integrated solid waste management, defined.

13-2011.
Integrated solid waste management, defined.
Integrated solid waste management shall mean solid waste management which is focused on planned development of programs and facilities that reduce waste toxicity and volume, recycle marketable materials, and provide for safe disposal of residuals.
Source
Laws 1992, LB 1257, § 11.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2013.01 - Passenger tire equivalent of waste tires, defined.

13-2013.01.
Passenger tire equivalent of waste tires, defined.
Passenger tire equivalent of waste tires means twenty pounds of waste tire or processed waste tire.
Source
Laws 2003, LB 143, § 3.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2013.02 - Scrap tire or waste tire, defined.

13-2013.02.
Scrap tire or waste tire, defined.
Scrap tire or waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
Source
Laws 2003, LB 143, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2015 - Solid waste management plan, defined.

13-2015.
Solid waste management plan, defined.
Solid waste management plan shall mean a plan adopted by a county or municipality, including a joint plan adopted by an agency, for integrated solid waste management.
Source
Laws 1992, LB 1257, § 15.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2016 - System, defined.

13-2016.
System, defined.
System shall mean any equipment, vehicles, facilities, personnel, or contractors utilized for the purpose of collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste.
Source
Laws 1992, LB 1257, § 16.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2017 - Policy of the state.

13-2017.
Policy of the state.
It is the policy of this state:
(1) To encourage the development of integrated solid waste management programs, including waste volume reduction and recycling programs and education, at the local governmental level through incentives, technical assistance, grants, and other practical measures;
(2) To support and encourage the development of new uses and markets for recycled goods, placing emphasis on the development in Nebraska of businesses relating to waste reduction and recycling;
(3) To provide education concerning the components of integrated solid waste management, at the elementary level through the high school level and through community organizations, to enhance the success of local programs requiring public involvement;
(4) To support and encourage manufacturing methods which are environmentally sustainable, technologically safe, and ecologically sound and which enhance waste reduction by creating products which have longer usage life and which are adaptable to secondary uses through processes such as pyrolysis or biomass, require less input material, and decrease resource consumption; and
(5) To encourage uniform regulation of containers in order to avoid the burden on retailers of having to comply with varying regulatory policies in multiple jurisdictions.
Source
Laws 1992, LB 1257, § 17;
Laws 2020, LB632, § 5.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2018 - Solid waste management hierarchy; established; cooperative program; established.

13-2018.
Solid waste management hierarchy; established; cooperative program; established.
(1) An effective and efficient program of integrated solid waste management protects the environment and the public and provides the most practical and beneficial use of the solid waste material. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and a reduction in the reliance upon land disposal of solid waste are encouraged. In the promotion of these goals, the following solid waste management hierarchy, in descending order of preference, is established as the integrated solid waste management policy of the state:
(a) Volume reduction at the source;
(b) Recycling, reuse, and vegetative waste composting;
(c) Land disposal;
(d) Incineration with energy resource recovery; and
(e) Incineration for volume reduction.
(2) In the implementation of the integrated solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning and technical assistance to encourage integrated solid waste management.
Source
Laws 1992, LB 1257, § 18.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2019 - Tribal governments; assume responsibility for integrated solid waste management; department; duties.

13-2019.
Tribal governments; assume responsibility for integrated solid waste management; department; duties.
Because of the rights of both tribal sovereignty and Nebraska citizenship of individuals under the jurisdiction of federally recognized tribal governments, such tribal governments are recognized as localities which can assume responsibility for integrated solid waste management. The department shall present the state's comprehensive solid waste management plan completed pursuant to section 81-15,166 to the federally recognized tribal governments in Nebraska and encourage such tribes to adopt the state's laws, rules, regulations, and standards for integrated solid waste management.
Source
Laws 1992, LB 1257, § 19.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2020.01 - Imposition of lien for nonpayment of rates and charges; vote required.

13-2020.01.
Imposition of lien for nonpayment of rates and charges; vote required.
(1) For purposes of this section, elected official means a mayor or a member of a city council, village board of trustees, or county board.
(2) Beginning August 1, 2008, only elected officials who are members or alternate members of the governing body of a joint entity or joint public agency created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act that provides services under the Integrated Solid Waste Management Act are authorized to vote on whether a lien should be imposed on real property for nonpayment of rates and charges under subsection (4) of section 13-2020. Notwithstanding any other requirements for action by the governing body, a vote in favor of imposing such a lien by a majority of the members eligible to vote on whether a lien should be imposed is required to impose such a lien.
Source
Laws 2008, LB202, § 2.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2021 - County, municipality, or agency; facility or system; powers and duties; referendum and limited referendum provisions; applicability.

13-2021.
County, municipality, or agency; facility or system; powers and duties; referendum and limited referendum provisions; applicability.
A county, municipality, or agency may purchase, plan, develop, construct, equip, maintain, and improve facilities and systems and may lease or acquire land in fee by gift, grant, purchase, or condemnation as necessary for the construction and operation of a facility or system. A county, municipality, or agency may also make and enter into contracts with any person for the planning, development, construction, maintenance, or operation of such facility or system or any part thereof. Measures adopted or enacted by municipalities with respect to any facility or system shall constitute measures subject to limited referendum under subsection (2) of section 18-2528, and a municipality shall be authorized to exempt all subsequent measures relating to the same project from referendum and limited referendum as provided under subsection (4) of such section.
Source
Laws 1992, LB 1257, § 21.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2022 - County, municipality, or agency; closure of facility, postclosure care, and investigative and corrective action; powers and duties; tax; special trust funds.

13-2022.
County, municipality, or agency; closure of facility, postclosure care, and investigative and corrective action; powers and duties; tax; special trust funds.
A county, municipality, or agency shall close a facility, provide postclosure care, and undertake investigative and corrective action in accordance with rules and regulations adopted by the council. The costs associated with or reasonably anticipated for such closure, postclosure care, and investigative and corrective action may be included within the rates and charges authorized by section 13-2020 and within the amounts payable under service agreements adopted pursuant to section 13-2024.
Every county, municipality, and agency may approve, execute, and deliver contractual agreements to assume financial responsibility for the payment of costs of closure, postclosure care, or investigative or corrective action with respect to any facility. Such agreements may provide for a binding general obligation of such county, municipality, or agency obligating payments in future years.
For the payment or performance of the terms of any such agreement, any county or municipality may agree to levy or cause to be levied an annual tax upon the taxable property within such county or municipality in an amount sufficient for such purposes. Any such tax shall for all purposes of Nebraska law, including limitations upon budget, revenue, and expenditures of public funds, have the same status as a tax levied for the purpose of paying the bonded indebtedness of such county or municipality.
Every county, municipality, and agency may also approve, execute, and deliver one or more trust agreements, with any bank having trust powers or a trust company, providing for the creation of one or more special trust funds to provide for the payment of costs of closure, postclosure care, or investigative or corrective action.
No county, municipality, or agency shall be required to provide proof of financial responsibility to obtain or renew a permit for a facility which is not used for disposal of solid waste.
Source
Laws 1992, LB 1257, § 22;
Laws 1994, LB 1207, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2023 - County, municipality, or agency; regulations authorized; limitations; noncompliance fee; regulation of containers; prohibited; exceptions.

13-2023.
County, municipality, or agency; regulations authorized; limitations; noncompliance fee; regulation of containers; prohibited; exceptions.
(1) A county, municipality, or agency may, by ordinance or resolution, adopt regulations governing collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste within its solid waste jurisdiction area as necessary to protect the public health and welfare and the environment. Regulations authorized by this section shall be equal to or more stringent than the provisions of the Integrated Solid Waste Management Act and rules and regulations adopted and promulgated by the council as authorized by the act. Any person who violates any such regulation shall be subject to a noncompliance fee not to exceed five hundred dollars.
(2) A county, municipality, or agency shall not adopt, enforce, or otherwise administer an ordinance or resolution that prohibits the use of or that sets standards, fees, prohibitions, or requirements regarding the sale, use, or marketing of containers. This subsection shall not apply to county, municipality, or agency recycling or solid waste collection programs, or restrict such programs from the environmental and lawful operation of program facilities and imposition of user fees at such facilities, except that in no event shall such programs prohibit or have the effect of prohibiting the sale, use, or marketing of any containers.
Source
Laws 1992, LB 1257, § 23;
Laws 2020, LB632, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2024 - County or municipality; service agreement with agency; authorized provisions; special tax authorized.

13-2024.
County or municipality; service agreement with agency; authorized provisions; special tax authorized.
Notwithstanding any other provision of Nebraska law, any county or municipality may enter into a service agreement with an agency which owns and operates or proposes to own and operate any solid waste management facility or system for obtaining solid waste management services from such agency. Any such service agreement may provide for the following:
(1) The payment of fixed or variable periodic amounts for service or the right to obtain service;
(2) That such service agreement may extend for a term of years as determined by the governing body of the county or municipality and be binding upon such county or municipality over such term of years;
(3) That variable or fixed amounts payable under such contracts may be determined based upon one or more of the following factors:
(a) Operating and maintenance expenses of the agency, including contract renewal and replacement for plant and equipment;
(b) Amounts payable by the agency with respect to debt service on its bonds or other obligations, including margins of coverage if deemed appropriate; and
(c) Amounts necessary for the agency to build or maintain operating reserves, capital reserves, and debt service reserves;
(4) That any such service agreement may require payment to be made in the agreed fixed or variable amounts irrespective of whether such facility or system is completed or operational and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the services of such facility or system; and
(5) Such other provisions as the agency and county or municipality deem appropriate in connection with providing and obtaining solid waste management services.
In order to provide for the payments due under any such service agreement, any county or municipality may pledge the revenue received from any and all rates and charges received or to be received from provision of solid waste management services or from contracts with any other persons or entities, private or public, and may further provide, if determined appropriate by the governing body, that any deficiency in such revenue may be made up from a special tax levied for such purpose upon all taxable property within such county or municipality, which special tax shall for all purposes of Nebraska law, including limitations upon budget, revenue, and expenditures of public funds, have the same status as a tax levied for the purpose of paying the bonded indebtedness of such county or municipality.
Source
Laws 1992, LB 1257, § 24.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2025 - County, municipality, or agency; service agreement; fees and charges; amount.

13-2025.
County, municipality, or agency; service agreement; fees and charges; amount.
Any county, municipality, or agency entering into any service agreement under section 13-2024 shall fix, maintain, revise, and collect fees, rates, rents, and charges for functions, services, facilities, or commodities furnished to its customers and users by and through its system as will be sufficient to:
(1) Pay (a) the cost of operating and maintaining the system and renewals or replacements thereto, including all amounts due and payable under such service agreement, and (b) the interest on and principal of any outstanding bonds or other indebtedness of the county, municipality, or agency relative to the service agreement, whether at maturity or upon sinking-fund redemption, which are payable from the revenue of its system; and
(2) Provide, as may be required by any resolution, ordinance, trust indenture, security instrument, or other agreement of the agency, for any reasonable reserves for such operating and maintenance expenses and for any margins or coverages over and above debt service.
Source
Laws 1992, LB 1257, § 25.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2025.01 - Joint entity or joint public agency; reporting of budget; filing required.

13-2025.01.
Joint entity or joint public agency; reporting of budget; filing required.
Any joint entity or joint public agency created to fulfill the purposes of the Integrated Solid Waste Management Act pursuant to the Interlocal Cooperation Act or Joint Public Agency Act shall comply with the Municipal Proprietary Function Act for purposes of reporting its budgets. Proprietary budget statements for the joint entity or joint public agency shall be placed on file with the office of the municipal clerk of each member which is a municipality as required by the Municipal Proprietary Function Act and with the county clerk of each member which is a county.
Source
Laws 1994, LB 1207, § 2;
Laws 1999, LB 87, § 57.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
Municipal Proprietary Function Act, see section 18-2801.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2026 - Municipalities, counties, and agencies; regulate solid waste management; when.

13-2026.
Municipalities, counties, and agencies; regulate solid waste management; when.
In furtherance of the policy of the state as set forth in the Integrated Solid Waste Management Act, municipalities, counties, and agencies may by ordinance or resolution adopt rules and regulations or may adopt bylaws or enter into written agreements between and among themselves or other persons which regulate and govern solid waste management within their solid waste jurisdiction areas, including the establishment of conditions to assure that a specified amount and type of solid waste will be delivered to a specific facility.
Source
Laws 1984, LB 911, § 2;
R.S.1943, (1987), § 81-1572;
Laws 1992, LB 1257, § 26.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2027 - Municipalities, counties, and agencies; regulation of competition and antitrust; exemption.

13-2027.
Municipalities, counties, and agencies; regulation of competition and antitrust; exemption.
In exercising the powers granted in the Integrated Solid Waste Management Act, municipalities, counties, and agencies shall be exempt from all rules and regulations of state regulatory competition. It is intended that municipalities, counties, or agencies carrying out the activities described in the act receive full exemption and immunity from state and federal antitrust laws in light of the public purpose and regulatory provisions provided by the act. The exemption granted pursuant to this section shall not be construed to diminish any other exemption for similar activities authorized through grants of authority to other public bodies even though such exemption may not be stated in terms of antitrust.
Source
Laws 1984, LB 911, § 3;
R.S.1943, (1987), § 81-1573;
Laws 1992, LB 1257, § 27.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2028 - Exemption; limitation.

13-2028.
Exemption; limitation.
The exemption granted under section 13-2027 shall not constitute a waiver of or exemption from the bidding provisions of sections 16-321 and 17-568.01 or any other similar provision.
Source
Laws 1984, LB 911, § 4;
R.S.1943, (1987), § 81-1574;
Laws 1992, LB 1257, § 28.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2029 - Counties and municipalities; statement of intent; filings; failure to file; effect.

13-2029.
Counties and municipalities; statement of intent; filings; failure to file; effect.
On or before October 1, 1992, each county and municipality shall file a statement of intent with the department describing the way in which it intends to fulfill its responsibility for integrated solid waste management. If a municipality or county intends to enter into a cooperative relationship with another entity to fulfill such responsibility, documentation of the reciprocal intent of those entities shall be included with the statement. If no statement of intent is filed by a municipality or county, the responsibility for integrated solid waste management shall remain with the nonfiling county or municipality.
Source
Laws 1992, LB 1257, § 29.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2030 - Counties and municipalities; certification of facility and system capacity; filing required; department; approval; restrict access to facilities and systems; when.

13-2030.
Counties and municipalities; certification of facility and system capacity; filing required; department; approval; restrict access to facilities and systems; when.
On or before October 1, 1993, a certification shall be filed with the department on behalf of each county and municipality with respect to (1) facility and system capacity for solid waste management for the solid waste generated within each solid waste jurisdiction area and (2) facility and system capacity for solid waste generated outside of each solid waste jurisdiction area and disposed of in facilities within each solid waste jurisdiction area. If a county or municipality is unable to certify capacity for waste generated outside its solid waste jurisdiction area, it may restrict access to its facilities and systems for such solid waste. Such certification shall be approved by the department if it is found to be in compliance with the Integrated Solid Waste Management Act and the rules and regulations adopted under the act.
Source
Laws 1992, LB 1257, § 30.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2031 - Integrated solid waste management plan; filing; approval.

13-2031.
Integrated solid waste management plan; filing; approval.
On or before October 1, 1994, an integrated solid waste management plan shall be filed with the department on behalf of each county and municipality. Such plan shall be approved by the department if it is found to be in compliance with the Integrated Solid Waste Management Act and the rules and regulations adopted under the act.
Source
Laws 1992, LB 1257, § 31.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2034 - Rules and regulations.

13-2034.
Rules and regulations.
The council shall adopt and promulgate rules and regulations which shall include the following:
(1) A permit program for facilities providing for permits to be issued to owners and operators;
(2) Requirements for the collection, source separation, storage, transportation, transfer, processing, recycling, resource recovery, treatment, and disposal of solid wastes as well as developmental and operational plans for facilities. Regulations concerning operations may include waste characterization, composition, and source identification, site improvements, air and methane gas monitoring, ground water and surface water monitoring, daily cover, insect and rodent control, salvage operations, waste tire disposal, safety and restricted access, inspection of loads and any other necessary inspection or verification requirements, reporting of monitoring analysis, record-keeping requirements and other reporting requirements, handling and disposal of wastes with special characteristics, and any other operational criteria, location criteria, or design criteria necessary to minimize environmental and health risks and to provide protection of the air, land, and waters of the state; and
(3) Requirements for closure, postclosure care and monitoring, and investigative and corrective action with respect to landfills. Such rules and regulations shall require financial assurance for such activities after April 9, 1996. Such rules and regulations shall impose any necessary requirements upon owners or operators in order to assure proper closure, care, monitoring, and investigative and corrective action with respect to landfills to minimize the need for future maintenance and eliminate, to the extent necessary to protect humans, animals, and the environment, releases or the threat of releases of contaminants or leachate.
Source
Laws 1992, LB 1257, § 34;
Laws 1994, LB 1207, § 7;
Laws 1995, LB 668, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2035 - Applicant for facility permit; exemption from siting approval requirements; when; application; contents.

13-2035.
Applicant for facility permit; exemption from siting approval requirements; when; application; contents.
Any applicant who applies to the department for a permit for a facility pursuant to the Integrated Solid Waste Management Act shall be exempt from the siting approval requirements of sections 13-1701 to 13-1714 if a county, municipality, or agency is to be the owner of the facility and the facility is to be located in a county the unincorporated areas of which are among the areas to be served by such facility or the facility is to be located in the county of a municipality to be served by such facility if such facility will not serve unincorporated areas of a county.
The application of such county, municipality, or agency shall show that the applicant:
(1) Has considered the siting, operational, and traffic criteria established by section 13-1703;
(2) Has given notice of the proposed siting pursuant to the procedures established by section 13-1704;
(3) Has conducted a public hearing regarding the proposed siting preceded by published notice in a newspaper of general circulation in the county or municipality in which the proposed facility is to be located; and
(4) Has submitted a record of such hearing with its application to the department.
Source
Laws 1992, LB 1257, § 35.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2037 - Comprehensive state plan for solid waste management; department; duties; rules and regulations; requirements; approval of state plan.

13-2037.
Comprehensive state plan for solid waste management; department; duties; rules and regulations; requirements; approval of state plan.
(1) The department shall keep current the comprehensive state plan for solid waste management developed pursuant to section 81-15,166, including the rules, regulations, and guidelines adopted by the council for facilities in cooperation with local governments and with agencies.
(2) Rules and regulations adopted and promulgated by the council shall comply with rules and regulations promulgated by the Environmental Protection Agency pursuant to the Hazardous and Solid Waste Amendments of 1984 to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., including the exemptions and deadlines provided for in 40 C.F.R. 258.1.
(3) The department shall apply for approval to the Environmental Protection Agency to attain an approved state program for solid waste management.
Source
Laws 1992, LB 1257, § 37.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2038 - Definition of certain solid wastes; council; adopt rules and regulations.

13-2038.
Definition of certain solid wastes; council; adopt rules and regulations.
The council shall adopt and promulgate rules and regulations which define lead-acid batteries, discarded household appliances, waste oil, and unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the Environmental Protection Act.
Source
Laws 1992, LB 1257, § 38;
Laws 1994, LB 1207, § 9.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2040 - Licenses issued under prior law; department review; expiration; permits issued under act; expiration.

13-2040.
Licenses issued under prior law; department review; expiration; permits issued under act; expiration.
The department shall review all licenses for solid waste management facilities which were issued under the Environmental Protection Act prior to July 15, 1992, and which expire after October 1, 1993, to determine whether the licensee is in compliance with the requirements of the Integrated Solid Waste Management Act and the rules and regulations adopted by the council.
The department may require such licensee to furnish written documentation evidencing compliance. If the department determines that the licensee is not in compliance with the Integrated Solid Waste Management Act and the rules and regulations adopted by the council, the department may issue an amended permit as necessary to bring the licensee into compliance with these provisions.
All licenses for solid waste management facilities issued under the Environmental Protection Act prior to July 15, 1992, shall expire at the stated date of expiration if such expiration date is before October 1, 1993, except that the department may extend such licenses to continue until October 1, 1993, if it finds that the facility remains in compliance with the Environmental Protection Act and the rules and regulations adopted thereunder by the council prior to July 15, 1992.
Permits for solid waste processing facilities, as defined in rules and regulations adopted and promulgated by the council, issued pursuant to the Integrated Solid Waste Management Act shall expire not more than ten years following the date of issuance, as determined by the department. Permits may be renewed only if the department determines, upon application, that the permitholder is in compliance with all requirements of the act.
Permits for solid waste disposal areas, as defined in rules and regulations adopted and promulgated by the council, issued pursuant to the act shall expire not more than five years following the date of issuance as determined by the department. Permits may be renewed only if the department determines, upon application, that the permitholder is in compliance with all requirements of the act.
Source
Laws 1992, LB 1257, § 40;
Laws 1997, LB 752, § 72;
Laws 2003, LB 143, § 7.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2041 - Integrated Solid Waste Management Cash Fund; created; use; investment; application fee schedule; council; establish; permitholder; annual fee.

13-2041.
Integrated Solid Waste Management Cash Fund; created; use; investment; application fee schedule; council; establish; permitholder; annual fee.
There is hereby created the Integrated Solid Waste Management Cash Fund. All fees collected by the department pursuant to this section or fees designated pursuant to section 13-2042 or money forfeited under subsection (21) of section 81-1505 shall be remitted to the State Treasurer for credit to the fund. Forfeited funds may only be used for purposes specified in the underlying financial assurance instrument. 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.
The council shall adopt and promulgate rules and regulations establishing a fee schedule to be paid to the department by persons applying for a permit to operate a facility pursuant to the Integrated Solid Waste Management Act or the Environmental Protection Act. Payment shall be made in full to the department before the application is processed.
By October 1 of each year, any person holding a permit under the Integrated Solid Waste Management Act or to operate a solid waste management facility under the Environmental Protection Act shall pay an annual fee in an amount to be determined by the council. The annual fee shall be sufficient to cover the costs of ongoing permit considerations. The fees collected pursuant to this section shall not exceed the amount necessary to pay reasonable costs of administering the permit program pursuant to the Integrated Solid Waste Management Act or the Environmental Protection Act.
The State Treasurer shall transfer one million three hundred eighty-four thousand four hundred eighty-four dollars from the Integrated Solid Waste Management Cash Fund to the Superfund Cost Share Cash Fund on or before June 1, 2006.
Source
Laws 1992, LB 1257, § 41;
Laws 1994, LB 1066, § 12;
Laws 2006, LB 1061, § 1.
Cross References
Environmental Protection Act, see section 81-1532.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2043 - Construction of act.

13-2043.
Construction of act.
Nothing in the Integrated Solid Waste Management Act shall be construed to apply to any operations or activities regulated by the Nebraska Oil and Gas Conservation Commission or to operations or activities regulated under subsection (10) of section 81-1505.
Source
Laws 1992, LB 1257, § 43.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2101 - Legislative findings.

13-2101.
Legislative findings.
The Legislature finds that:
(1) There exist in this state distressed areas where unemployment is higher than the state or national average, where poverty levels are higher than the state or national average, where the population is declining, where property is being abandoned, and where other forms of economic distress are occurring which adversely affect the general welfare of the people of this state;
(2) Such unemployment and other problems cause the distressed areas of the state to deteriorate and become substandard and blighted, making the areas economic or social liabilities which are harmful to the social and economic well-being of the state and the counties and communities in which they exist. Such distressed areas cause a needless increase in public expenditures, impose an onerous burden on the state and its political subdivisions, decrease the tax base, reduce tax revenue, substantially impair or arrest the sound growth of the state and its political subdivisions, depreciate general statewide and community-wide values, and contribute to the spread of disease and crime. This in turn necessitates excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire, and accident protection, and for other public services and facilities;
(3) From time to time, various communities in the state suffer extensive economic distress from the loss of a major employer in the area or from a major cut-back in employment by such an employer resulting in high local unemployment and threatening the economic balance of the community if not its continued existence; and
(4) Stimulation of economic development in the distressed areas is a matter of state policy, public interest, and concern and is within the power and authority inherent in and reserved to the state. Economic development is needed to insure that the state will not continue to be endangered by areas which consume an excessive proportion of revenue and that the economic base of the state may be broadened and stabilized by providing jobs and increasing the tax base.
Source
Laws 1992, LB 1240, § 1;
Laws 1993, LB 725, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2101.01 - Act, how cited.

13-2101.01.
Act, how cited.
Sections 13-2101 to 13-2112 shall be known and may be cited as the Enterprise Zone Act.
Source
Laws 1993, LB 725, § 1;
Laws 2013, LB222, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2105 - State government interagency response team.

13-2105.
State government interagency response team.
The Governor shall provide a state government interagency response team to work with local governments and enterprise zone associations on effective ways to use new and existing resources from all levels of government to improve development capacity in enterprise zones and accomplish the purposes of the Enterprise Zone Act.
Source
Laws 1992, LB 1240, § 5;
Laws 1993, LB 725, § 6;
Laws 2014, LB800, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2106 - City council, village board, county board, or tribal government; resolution to establish zone.

13-2106.
City council, village board, county board, or tribal government; resolution to establish zone.
A city council, village board, county board, or tribal government may propose the creation of one or more enterprise zones by adopting a resolution of intention to establish a zone or zones. The resolution shall contain a description of the boundaries of the zone or zones, the time and place of a hearing to be held by the city council, village board, county board, or tribal government, a basic summary of the information to be provided to the department as specified in section 13-2104, and such other additional information as the proposing body may desire to include.
Source
Laws 1992, LB 1240, § 6;
Laws 1993, LB 725, § 7.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2107 - Public hearing; notice.

13-2107.
Public hearing; notice.
Any city council, village board, county board, or tribal government proposing to create an enterprise zone or zones shall hold a public hearing on the question. A notice of the hearing shall be given by one publication of the resolution of intention in a newspaper of general circulation in the city, village, county, or tribal government area at least ten days prior to the hearing.
Source
Laws 1992, LB 1240, § 7;
Laws 1993, LB 725, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2108 - City council, village board, county board, or tribal government; vote to make formal application.

13-2108.
City council, village board, county board, or tribal government; vote to make formal application.
Following the public hearing held pursuant to section 13-2107, the city council, village board, county board, or tribal government may vote to make formal application to the department for the creation of an enterprise zone or zones and take any additional appropriate action with regard to the creation of such zone or zones.
Source
Laws 1992, LB 1240, § 8;
Laws 1993, LB 725, § 9.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2110 - Enterprise zone association; powers and duties.

13-2110.
Enterprise zone association; powers and duties.
(1) An enterprise zone association created pursuant to section 13-2109 shall:
(a) Approve the application to be submitted by the political subdivision to the department for enterprise zone designation;
(b) Promote the enterprise zone to outside groups and individuals;
(c) Establish a formal line of communication with residents and businesses in the enterprise zone;
(d) Act as a liaison between residents, businesses, and the city, village, county, or tribal government for any development activity that may affect the enterprise zone or zone residents; and
(e) By majority vote of the full enterprise zone association board:
(i) Approve the acceptance by the city, village, county, or tribal government of any state or federal grant or loan for the enterprise zone;
(ii) Approve the purposes for and the conditions surrounding such grants or loans;
(iii) Approve any expenditures of funds by the city, village, county, or tribal government which are to be made for the purpose of complying with the Enterprise Zone Act; and
(iv) Approve the appointment of any staff member designated to work exclusively with the enterprise zone association board.
The city council, village board, county board, or tribal government shall not act affirmatively with regard to any matter requiring the approval of the enterprise zone association board until such time as it has received the approval of the enterprise zone association board.
(2) An enterprise zone association may:
(a) Initiate and coordinate any community development activities that aid in the employment of enterprise zone residents, improve the physical environment, or encourage the turnover or retention of capital in the enterprise zone. Such additional activities may include recommendations to the city, village, county, or tribal government and the department; and
(b) Make recommendations to the city, village, county, tribal government, state agency, or other political subdivision for the establishment of a plan or plans for public improvements or programs.
Source
Laws 1992, LB 1240, § 10;
Laws 1993, LB 725, § 11;
Laws 1998, LB 1259, § 2.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2111 - Political subdivision; remove, reduce, or simplify certain resolutions, regulations, or ordinances; when.

13-2111.
Political subdivision; remove, reduce, or simplify certain resolutions, regulations, or ordinances; when.
In order to accomplish the purposes of the Enterprise Zone Act, any political subdivision may remove, reduce, or simplify, in whole or in part, the provisions of any resolution, regulation, or ordinance relating to fees or administrative or procedural requirements as they relate to enterprise zones or entities or persons within the boundaries of an enterprise zone, except that such removal, reduction, or simplification shall not occur unless there is a finding by the political subdivision that the proposed action would not endanger the health or safety of the public.
Source
Laws 1992, LB 1240, § 11;
Laws 1993, LB 725, § 12.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2112 - Rules and regulations.

13-2112.
Rules and regulations.
The department may adopt and promulgate rules and regulations to carry out the Enterprise Zone Act.
Source
Laws 1992, LB 1240, § 12;
Laws 1993, LB 725, § 15;
Laws 2014, LB800, § 4;
Laws 2019, LB334, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2201 - Act, how cited.

13-2201.
Act, how cited.
Sections 13-2201 to 13-2204 shall be known and may be cited as the Local Government Miscellaneous Expenditure Act.
Source
Laws 1993, LB 734, § 9.