reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,219 - Facility emergency coordinator.

81-15,219.
Facility emergency coordinator.
Within thirty days after the establishment of a committee for the emergency planning district in which a reporting facility is located, the owner or operator of the facility shall provide to the committee the name of a facility representative who will participate in the emergency planning process as a facility emergency coordinator. The owner or operator of the facility shall promptly inform the committee of any relevant changes occurring at the facility as changes occur or are expected to occur. Upon request from the committee, the owner or operator of the facility shall promptly provide information to the committee which is necessary for developing and implementing the emergency plan.
Source
Laws 1997, LB 374, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,220 - Emergency plan; contents.

81-15,220.
Emergency plan; contents.
Each emergency plan as required in subdivision (1)(c) of section 81-15,217 shall include, but not be limited to, the following:
(1) Identification of facilities containing an extremely hazardous substance in an amount which exceeds the threshold planning quantity established for such substance that are within the emergency planning district, identification of routes likely to be used for the transportation of extremely hazardous substances, and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of this section;
(2) Methods and procedures to be followed by facility owners and operators and local emergency response and medical personnel to respond to any release of extremely hazardous substances;
(3) Designation of a community emergency coordinator and identification of facility emergency coordinators who will make determinations necessary to implement the plan;
(4) Procedures providing reliable, effective, and timely notification by the facility emergency coordinators and the community emergency coordinator to persons designated in the emergency plan and to the public that a release has occurred. Notification procedures shall be consistent with the notification requirements of section 81-15,222;
(5) Methods for determining the occurrence of a release and the area or population likely to be affected by the release;
(6) A description of emergency equipment and facilities in the community and at each facility in the community subject to the Nebraska Emergency Planning and Community Right to Know Act and an identification of the persons responsible for the equipment and facilities;
(7) Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes;
(8) Training programs, including schedules for training of local emergency response and medical personnel; and
(9) Methods and schedules for exercising the emergency plan.
Source
Laws 1997, LB 374, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,221 - Emergency plan review.

81-15,221.
Emergency plan review.
Each local emergency planning committee shall provide the emergency plan to the governing bodies having jurisdiction in the emergency planning district for review prior to submitting the plan to the commission. The commission shall review the plan and make recommendations to the committee on revisions to the plan that may be necessary to ensure coordination of the plan with emergency plans of other emergency planning districts. To the maximum extent practicable, such review shall not delay implementation of the plan.
Source
Laws 1997, LB 374, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,225 - Toxic chemical release form.

81-15,225.
Toxic chemical release form.
(1) The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under section 313(g) of Title III for each toxic chemical that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (2) of this section during the preceding calendar year at such facility. The form shall be submitted to the director annually on July 1 and shall contain data reflecting releases during the preceding calendar year.
(2) The requirements of this section apply to owners and operators of facilities that are required to file reports under section 313 of Title III and rules and regulations promulgated thereunder.
Source
Laws 1997, LB 374, § 35.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,227 - Exemption for transportation.

81-15,227.
Exemption for transportation.
Except as provided in section 81-15,222, the Nebraska Emergency Planning and Community Right to Know Act does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of the act, including the transportation and distribution of natural gas.
Source
Laws 1997, LB 374, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,228 - Local law; applicability.

81-15,228.
Local law; applicability.
(1) Nothing in the Nebraska Emergency Planning and Community Right to Know Act shall:
(a) Preempt any local law;
(b) Except as provided in subsection (2) of this section, otherwise affect any local law or the authority of any local government to adopt or enforce any local law; and
(c) Affect or modify in any way the obligations or liabilities of any person under other state or federal law.
(2) Any local law enacted after September 13, 1997, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under section 81-15,223. In addition, a locality may require the submission of information which is supplemental to the information required on the data sheet, including information on the location and quantity of hazardous chemicals present at the facility, through additional sheets attached to the data sheet or such other means as the locality considers appropriate.
Source
Laws 1997, LB 374, § 38.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,229 - Inspection of information; publication of notice.

81-15,229.
Inspection of information; publication of notice.
(1) Each emergency plan, material safety data sheet, list of chemicals, inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 322 of Title III, during normal working hours at the location or locations designated by the Department of Environment and Energy, the commission, or a local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 81-15,224, the Department of Environment and Energy, the commission, or the appropriate committee shall withhold from disclosure under this section the location of any specific chemical required by section 81-15,225 to be contained in an inventory form as tier II information.
(2) Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (1) of this section.
Source
Laws 1997, LB 374, § 39;
Laws 2019, LB302, § 149.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,230 - Violations; civil actions.

81-15,230.
Violations; civil actions.
(1) Any state or local government may commence a civil action against an owner or operator of a facility for failure to:
(a) Provide notification to the commission under subsection (1) of section 81-15,218;
(b) Submit a material safety data sheet or a list of chemicals under section 81-15,223;
(c) Make available information requested under subsections (3) and (4) of section 81-15,223; and
(d) Complete and submit a tier II inventory form under section 81-15,224.
(2) The commission, the director, or a local emergency planning committee may commence a civil action against an owner or operator of a facility for failure to provide information under section 81-15,219 or for failure to submit tier II information under subsection (5) of section 81-15,224.
(3) The state may commence a civil action against the administrator for failure to provide information to the state under section 322(g) of Title III.
Source
Laws 1997, LB 374, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,231 - Civil action; jurisdiction.

81-15,231.
Civil action; jurisdiction.
(1) Any action under section 81-15,230, except as provided in subsection (2) of this section, against an owner or operator of a facility shall be brought in the district court for the district in which the alleged violation occurred.
(2) Any action under subsection (3) of section 81-15,230 against the administrator may be brought in the United States District Court for the District of Columbia.
(3) Except as provided in subsection (2) of this section, the district court shall have jurisdiction in actions brought under section 81-15,230 against an owner or operator of a facility to enforce the requirement concerned and to impose any civil penalty provided for violation of that requirement. The district court shall have jurisdiction in actions brought under section 81-15,230 against the commission and the director to order the commission and the director to perform the act or duty concerned.
Source
Laws 1997, LB 374, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,232 - Civil action; restriction.

81-15,232.
Civil action; restriction.
No action may be commenced under section 81-15,230 against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty under Title III with respect to the violation of the requirement.
Source
Laws 1997, LB 374, § 42.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,233 - Court award costs of litigation; attorney's fees.

81-15,233.
Court award costs of litigation; attorney's fees.
(1) In issuing any final order in any action brought under the Nebraska Emergency Planning and Community Right to Know Act, the court may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substantially prevailing party if the court determines such an award is appropriate.
(2) Nothing in section 81-15,230 shall restrict or expand any right which any person or class of persons may have under any federal or state statute or common law to seek enforcement of any requirement of the act.
Source
Laws 1997, LB 374, § 43.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,234 - Intervention.

81-15,234.
Intervention.
(1) In any action under the Nebraska Emergency Planning and Community Right to Know Act, the State of Nebraska, if not a party, may intervene as a matter of right.
(2) In any action under the act, any person may intervene as a matter of right when such person has a direct interest which is or may be adversely affected by the action and the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest.
Source
Laws 1997, LB 374, § 44.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,235 - Rules and regulations.

81-15,235.
Rules and regulations.
The Nebraska Emergency Management Agency shall as necessary adopt and promulgate rules and regulations to carry out its responsibilities under the Nebraska Emergency Planning and Community Right to Know Act. The Environmental Quality Council shall adopt and promulgate rules and regulations necessary for the Department of Environment and Energy to carry out its responsibilities under the act.
Source
Laws 1997, LB 374, § 45;
Laws 2019, LB302, § 150.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,236 - Act, how cited.

81-15,236.
Act, how cited.
Sections 81-15,236 to 81-15,253 shall be known and may be cited as the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act.
Source
Laws 2003, LB 94, § 1;
Laws 2007, LB333, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,237 - Purposes of act.

81-15,237.
Purposes of act.
The purposes of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act are to:
(1) Protect the air, water, and land of the state through the certification and regulation of private onsite wastewater treatment system professionals in Nebraska;
(2) Require that all siting, layout, construction, closure, reconstruction, alteration, modification, repair, inspection, or pumping of any private onsite wastewater treatment system be done by certified professionals, professional engineers licensed in Nebraska, or environmental health specialists registered in Nebraska in accordance with the act and rules and regulations adopted under the act;
(3) Provide for the registration of all private onsite wastewater treatment systems constructed, reconstructed, altered, or modified after August 31, 2003;
(4) Provide for review of plans and specifications, issuance of permits and approvals, construction standards, and requirements necessary for proper operation and maintenance of all private onsite wastewater treatment systems;
(5) Protect the health and general welfare of the citizens of Nebraska; and
(6) Protect the air, water, and land of the state from potential pollution by providing for proper siting, layout, construction, closure, reconstruction, alteration, modification, repair, and pumping of private onsite wastewater treatment systems.
Source
Laws 2003, LB 94, § 2;
Laws 2007, LB333, § 2;
Laws 2016, LB328, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,238 - Definitions, where found.

81-15,238.
Definitions, where found.
For purposes of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, the definitions in sections 81-15,239 to 81-15,244 shall be used.
Source
Laws 2003, LB 94, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,240 - Certified professional, defined.

81-15,240.
Certified professional, defined.
Certified professional means a private onsite wastewater treatment system professional certified under the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act to perform the tasks for which the certification has been issued.
Source
Laws 2003, LB 94, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,244 - Private onsite wastewater treatment system, defined.

81-15,244.
Private onsite wastewater treatment system, defined.
Private onsite wastewater treatment system means any system of piping, treatment devices, or other appurtenances that convey, store, treat, or dispose of domestic or nondomestic wastewater, but not including wastewater from a livestock waste control facility, on the property where it originates or on nearby property under the control of the user, which system is not connected to a public sewer system.
Source
Laws 2003, LB 94, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,245 - Private Onsite Wastewater Treatment System Advisory Committee; created; members; expenses.

81-15,245.
Private Onsite Wastewater Treatment System Advisory Committee; created; members; expenses.
The Private Onsite Wastewater Treatment System Advisory Committee is created. The advisory committee shall be composed of the following eleven members:
(1) Seven members appointed by the director as follows:
(a) Five private onsite wastewater treatment system professionals; and
(b) Two registered environmental health specialists or officials representing local public health departments which have established programs for regulating private onsite wastewater treatment systems;
(2) The chief executive officer of the Department of Health and Human Services or his or her designee;
(3) The Director of Environment and Energy or his or her designated representative; and
(4) One representative with experience in soils and geology and one representative with experience in biological engineering, both of whom shall be designated by the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources.
Members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. The department shall provide administrative support for the advisory committee.
Source
Laws 2003, LB 94, § 10;
Laws 2007, LB296, § 761;
Laws 2019, LB302, § 153;
Laws 2020, LB381, § 125.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,246 - Advisory committee; duties.

81-15,246.
Advisory committee; duties.
The advisory committee shall:
(1) Meet not less often than annually as determined by the director. The director may call special meetings of the advisory committee;
(2) Advise the department on proposed rules and regulations relating to the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act;
(3) Advise the department on rules and regulations for the siting, layout, operation, and maintenance of private onsite wastewater treatment systems; and
(4) Advise the department on the administration of the act as requested by the director.
Source
Laws 2003, LB 94, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,247 - Rules and regulations.

81-15,247.
Rules and regulations.
The council shall adopt and promulgate rules and regulations to carry out the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act. Such rules and regulations shall provide for, but not be limited to:
(1) Certification of private onsite wastewater treatment system professionals;
(2) Establishing categories for such professionals to be certified under the act;
(3) Hardship certifications;
(4) Examination requirements for certification;
(5) Continuing education requirements for certification;
(6) A fee schedule which covers direct and indirect costs to administer the act. Such costs include (a) system registration, late fees for system registration, application for certification, examination, and renewal, late fees for renewal, hardship certifications, fees for continuing education classes offered or approved by the department, other continuing education costs, and administration, (b) development and enforcement of standards, and (c) investigation, inspection, and enforcement related to any private onsite wastewater treatment system;
(7) Requirements for the registration of private onsite wastewater treatment systems to be constructed, reconstructed, altered, modified, or inspected by professionals certified under the act; and
(8) Requiring that all private onsite wastewater treatment system siting, layout, construction, closure, reconstruction, alteration, modification, repair, inspection, or pumping be performed by certified professionals in accordance with the act, rules and regulations adopted under the act, and other rules and regulations adopted and promulgated by the council.
Source
Laws 2003, LB 94, § 12;
Laws 2007, LB333, § 3;
Laws 2016, LB328, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,248 - Private onsite wastewater treatment system; professional required; when; registration; inspection and registration; director; powers; waiver of fees authorized.

81-15,248.
Private onsite wastewater treatment system; professional required; when; registration; inspection and registration; director; powers; waiver of fees authorized.
(1) A private onsite wastewater treatment system shall not be sited, laid out, constructed, closed, reconstructed, altered, modified, repaired, inspected, or pumped unless the siting, layout, construction, closure, reconstruction, alteration, modification, repair, inspection, or pumping is carried out or supervised by either a certified professional as required by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, a professional engineer licensed in Nebraska, or a registered environmental health specialist registered in Nebraska.
(2) Any private onsite wastewater treatment system constructed, reconstructed, altered, or modified by a certified professional, professional engineer licensed in Nebraska, or registered environmental health specialist registered in Nebraska shall be registered with the department by the certified professional, professional engineer, or registered environmental health specialist within forty-five days of completion of the construction, reconstruction, alteration, or modification. The certified professional, professional engineer, or registered environmental health specialist shall submit the registration on forms provided by the department and shall include the registration fee. The registration fee shall be fifty dollars until rules and regulations adopted and promulgated under the act provide a schedule of system registration fees adequate to cover direct and indirect program costs.
(3) The director by contract may delegate onsite wastewater treatment system inspection and registration to a governmental subdivision which has adopted a program at least as stringent as the requirements provided by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act and which has demonstrated authority to administer and enforce its onsite wastewater treatment system inspection and registration program.
(4) The director may waive certification and examination fees for inspectors employed by a governmental agency or subdivision which has adopted and has the authority to enforce an inspection and compliance program at least as stringent as the standards for siting, layout, construction, closure, reconstruction, alteration, modification, repair, inspection, and pumping provided by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act and rules and regulations under the act adopted and promulgated by the council.
Source
Laws 2003, LB 94, § 13;
Laws 2004, LB 449, § 14;
Laws 2007, LB333, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,248.01 - Fee schedule.

81-15,248.01.
Fee schedule.
The council shall adopt and promulgate rules and regulations to develop a fee schedule which covers direct and indirect costs to administer requirements related to private onsite wastewater treatment systems authorized by the Environmental Protection Act. Such costs include costs related to review of submitted plans and specifications, issuance of permits and approvals, proper operation and maintenance, development and enforcement of standards, closure, administration, investigation, inspection, and enforcement.
Source
Laws 2007, LB333, § 5;
Laws 2016, LB328, § 3.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,249 - Certificate; grounds for discipline.

81-15,249.
Certificate; grounds for discipline.
The director may revoke, suspend, or refuse to grant or renew a certificate issued pursuant to the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, following opportunity for hearing, upon any reasonable ground, including, but not limited to, the following: (1) The certificate holder has engaged in fraud or deception; (2) the certificate holder has failed to meet the requirements of the act, the Environmental Protection Act, or rules and regulations of the council; (3) the certificate holder is unable to properly perform duties required by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act; (4) the certificate holder has failed to maintain the minimum requirements of a certificate holder under the act; (5) the certificate holder has failed to demonstrate the required continuing education proficiency under the act; or (6) the certificate holder has failed to perform any other requirements of a certificate holder in accordance with the act or the rules and regulations adopted under the act.
Source
Laws 2003, LB 94, § 14.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,250 - Private Onsite Wastewater Treatment System Permit and Approval Cash Fund; created; investment.

81-15,250.
Private Onsite Wastewater Treatment System Permit and Approval Cash Fund; created; investment.
The Private Onsite Wastewater Treatment System Permit and Approval Cash Fund is created. Fees collected pursuant to section 81-15,248.01 shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department. 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.
Any money remaining in the Private Onsite Wastewater Treatment System Cash Fund on March 8, 2007, shall be transferred to the Private Onsite Wastewater Treatment System Certification and Registration Cash Fund created under section 81-15,250.01 on such date.
Source
Laws 2003, LB 94, § 15;
Laws 2007, LB333, § 6.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,250.01 - Private Onsite Wastewater Treatment System Certification and Registration Cash Fund; created; investment.

81-15,250.01.
Private Onsite Wastewater Treatment System Certification and Registration Cash Fund; created; investment.
The Private Onsite Wastewater Treatment System Certification and Registration Cash Fund is created. Fees collected pursuant to sections 81-15,247 and 81-15,248 shall be remitted to the State Treasurer for credit to the fund. The fund shall be administered by the department. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2007, LB333, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,252 - Act; applicability.

81-15,252.
Act; applicability.
The Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act does not apply to a private onsite wastewater treatment system at an electric generation facility site owned by a district organized under Chapter 70, article 6.
Source
Laws 2003, LB 94, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,253 - Violation; penalty.

81-15,253.
Violation; penalty.
Any person violating any provision of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act or rules and regulations adopted and promulgated pursuant to the act shall be subject to a civil penalty of not more than ten thousand dollars for each such violation. In the case of a continuing violation, each day shall constitute a separate violation.
Source
Laws 2003, LB 94, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,254 - Department of Environment and Energy; Director of Environment and Energy; employees of State Energy Office; transfer; how treated.

81-15,254.
Department of Environment and Energy; Director of Environment and Energy; employees of State Energy Office; transfer; how treated.
(1) On and after July 1, 2019, the State Energy Office shall be merged into the Department of Environmental Quality which shall be renamed as the Department of Environment and Energy and the Director of Environmental Quality shall be renamed as the Director of Environment and Energy.
(2) On and after July 1, 2019, positions of employment in the State Energy Office related to the powers, duties, and functions transferred to the Department of Environment and Energy pursuant to Laws 2019, LB302, are transferred to the Department of Environment and Energy. For purposes of the transition, employees of the State Energy Office shall be considered employees of the Department of Environment and Energy and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the department or the director from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2019, LB302, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,255 - Appropriation and salary limit of State Energy Office; how treated.

81-15,255.
Appropriation and salary limit of State Energy Office; how treated.
Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Sixth Legislature, First Session, to Agency No. 71, State Energy Office, in the following program classification, shall be null and void, and any such amounts are hereby appropriated to Agency No. 84, Department of Environment and Energy: Program No. 106, Energy Office Administration. Any financial obligations of the State Energy Office that remain unpaid as of June 30, 2019, and that are subsequently certified as valid encumbrances to the accounting division of the Department of Administrative Services pursuant to sections 81-138.01 to 81-138.04, shall be paid by the Department of Environment and Energy from the unexpended balance of appropriations existing in such program classifications on June 30, 2019.
Source
Laws 2019, LB302, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,256 - References to State Energy Office or Department of Environmental Quality in contracts or other documents; how construed; contracts and property; how treated.

81-15,256.
References to State Energy Office or Department of Environmental Quality in contracts or other documents; how construed; contracts and property; how treated.
On and after July 1, 2019, whenever the State Energy Office or the Department of Environmental Quality is referred to or designated by any contract or other document in connection with the duties and functions of the Department of Environment and Energy, such reference or designation shall apply to the Department of Environment and Energy. All contracts entered into by the State Energy Office or the Department of Environmental Quality prior to July 1, 2019, in connection with the duties and functions of the Department of Environment and Energy are hereby recognized, with the Department of Environment and Energy succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to such department for the payments of such obligations. All documents and records transferred, or copies of the same, may be authenticated or certified by such department for all legal purposes.
Source
Laws 2019, LB302, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,257 - Actions and proceedings; how treated.

81-15,257.
Actions and proceedings; how treated.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the State Energy Office or the Department of Environmental Quality, or the director or any employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the State Energy Office to the Department of Environment and Energy or the renaming of the Department of Environmental Quality as the Department of Environment and Energy.
Source
Laws 2019, LB302, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,258 - Provisions of law; how construed.

81-15,258.
Provisions of law; how construed.
On and after July 1, 2019, unless otherwise specified, whenever any provision of law refers to the State Energy Office or the Department of Environmental Quality in connection with duties and functions of the Department of Environment and Energy, such law shall be construed as referring to the Department of Environment and Energy.
Source
Laws 2019, LB302, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,259 - Property of State Energy Office; transfer to Department of Environment and Energy.

81-15,259.
Property of State Energy Office; transfer to Department of Environment and Energy.
On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the State Energy Office pertaining to the duties and functions transferred to the Department of Environment and Energy pursuant to Laws 2019, LB302, shall become the property of such department.
Source
Laws 2019, LB302, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,260 - Volkswagen Settlement Cash Fund; created; use; investment.

81-15,260.
Volkswagen Settlement Cash Fund; created; use; investment.
The Volkswagen Settlement Cash Fund is created. The fund shall be administered by the Department of Environment and Energy. All sums of money received from the Volkswagen Settlement shall be deposited in the fund. The department shall expend the fund in accordance with the department use plan. 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 balance of any account established to receive and expend revenue from the Volkswagen Settlement shall be transferred to the Volkswagen Settlement Cash Fund.
Source
Laws 2019, LB298, § 22.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,262 - Legislative findings.

81-15,262.
Legislative findings.
The Legislature finds that:
(1) Best practices in environmental safety and protection recognize that the regulation of water supply and disposal infrastructure are connected;
(2) The proper design, construction, and monitoring of water and wastewater uses is critical for the safety and sustainability of communities in the State of Nebraska;
(3) The regulation of mobile homes, recreation camps, and swimming pools provide fundamental environmental safety for persons who use them; and
(4) Consolidating the administration of state environmental safety programs and the environmental and water programs of the United States Environmental Protection Agency delegated to the State of Nebraska into the Department of Environment and Energy will better serve the communities in the State of Nebraska.
Source
Laws 2021, LB148, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,263 - Environmental Safety Act; terms, defined.

81-15,263.
Environmental Safety Act; terms, defined.
For purposes of the Environmental Safety Act:
(1) Department means the Department of Environment and Energy; and
(2) Director means the Director of Environment and Energy.
Source
Laws 2021, LB148, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,264 - Swimming pool, defined.

81-15,264.
Swimming pool, defined.
For purposes of sections 81-15,264 to 81-15,270, unless the context otherwise requires:
(1) Swimming pool means any artificial basin of water modified, improved, constructed, or installed solely for the purpose of public swimming, wading, diving, recreation, or instruction;
(2) Swimming pool includes, but is not limited to, a pool serving a community, a subdivision, an apartment complex, a condominium, a club, a camp, a school, an institution, a park, a manufactured home park, a hotel, a motel, a recreational area, or a water park;
(3) Swimming pool includes a spa, hot tub, or whirlpool or similar device which (a) is designed for recreational use and not to be drained, cleaned, and refilled after each individual use and (b) may consist of elements, including, but not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction systems, or any combination thereof; and
(4) Swimming pool does not include an artificial lake, a pool at a private residence intended only for the use of the owner and guests, or a pool operated exclusively for medical treatment, physical therapy, water rescue training, or training of divers.
Source
Laws 1969, c. 760, § 1, p. 2875;
Laws 2002, LB 1021, § 81;
R.S.1943, (2018), § 71-4301;
Laws 2021, LB148, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,265 - Swimming pools; sanitary and safety requirements.

81-15,265.
Swimming pools; sanitary and safety requirements.
The department shall prepare, adopt, and have available minimum sanitary and safety requirements in the form of regulations for the design, construction, equipment, and operation of swimming pools and bather preparation facilities. Such requirements shall include, but not be limited to, provisions for waiver or variance of design standards and the circumstances under which such waiver or variance may be granted.
Source
Laws 1969, c. 760, § 2, p. 2876;
Laws 1996, LB 1044, § 669;
Laws 2002, LB 1021, § 82;
Laws 2007, LB296, § 580;
R.S.1943, (2018), § 71-4302;
Laws 2021, LB148, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,266 - Swimming pools; construction; permit; issuance; when.

81-15,266.
Swimming pools; construction; permit; issuance; when.
No swimming pool shall be constructed after January 1, 1970, unless and until plans, specifications, and any additional information relative to such pool as may be requested by the department shall have been submitted to the department and after review by the department found to comply with the minimum sanitary and safety requirements provided in section 81-15,265 and a permit for the construction of the pool issued by the department.
Source
Laws 1969, c. 760, § 3, p. 2876;
Laws 1996, LB 1044, § 670;
Laws 2007, LB296, § 581;
R.S.1943, (2018), § 71-4303;
Laws 2021, LB148, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,267 - Swimming pools; permit to operate; application; requirements.

81-15,267.
Swimming pools; permit to operate; application; requirements.
After January 1, 1970, swimming pools shall have equipment and shall be operated so as to comply with the minimum sanitary and safety requirements provided in section 81-15,265. After such date no swimming pool shall operate until it has received a permit from the department. Application for a permit to operate shall be submitted on forms provided by the department. Swimming pools constructed prior to January 1, 1970, which do not fully comply with the minimum sanitary and safety requirements as regards design and construction may be continued in use for such period as the department may authorize if the equipment and operation of such swimming pool comply with the minimum sanitary and safety requirements.
Source
Laws 1969, c. 760, § 4, p. 2876;
Laws 1996, LB 1044, § 671;
Laws 2007, LB296, § 582;
R.S.1943, (2018), § 71-4304;
Laws 2021, LB148, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,269 - Swimming pools; inspection; violation of sections; effect.

81-15,269.
Swimming pools; inspection; violation of sections; effect.
Whenever any duly authorized representative of the department finds that a swimming pool is being constructed, equipped, or operated in violation of any of the provisions of sections 81-15,264 to 81-15,270, the department may grant such time as in its opinion may reasonably be necessary for changing the construction or providing for the proper operation of the swimming pool to meet the provisions of sections 81-15,264 to 81-15,270. If and when the duly authorized representative of the department upon inspection and investigation of a swimming pool considers that the conditions are such as to warrant prompt closing of such swimming pool until the provisions of sections 81-15,264 to 81-15,270 are complied with, the representative of the department shall notify the owner or operator of the swimming pool to prohibit any person from using the swimming pool and upon such notification to the sheriff and the county attorney of the county in which such pool is located, such county attorney and sheriff shall cause the notice of the representative of the department to be enforced. If and when the owner or operator of the pool has, in the opinion of the department, met the provisions of sections 81-15,264 to 81-15,270, the department may in writing authorize the use again of such swimming pool.
Source
Laws 1969, c. 760, § 6, p. 2876;
Laws 1996, LB 1044, § 673;
Laws 2007, LB296, § 584;
R.S.1943, (2018), § 71-4306;
Laws 2021, LB148, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,270 - Swimming pools; violation; public nuisance; abatement.

81-15,270.
Swimming pools; violation; public nuisance; abatement.
Any owner or operator of a swimming pool failing to comply with any of the provisions of sections 81-15,264 to 81-15,270 shall be guilty of maintaining a public nuisance, and it shall be the duty of the county attorney of the county in which such swimming pool is located to act as provided by law for the abatement of public nuisances.
Source
Laws 1969, c. 760, § 7, p. 2877;
R.S.1943, (2018), § 71-4307;
Laws 2021, LB148, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,271 - Recreation camps; terms, defined.

81-15,271.
Recreation camps; terms, defined.
For purposes of sections 81-15,271 to 81-15,277, unless the context otherwise requires:
(1) Recreation camp means one or more temporary or permanent tents, buildings, structures, or site pads, together with the tract of land appertaining thereto, established or maintained for more than a consecutive forty-eight-hour period as living quarters or sites used for purposes of sleeping or the preparation and the serving of food extending beyond the limits of a family group for children or adults, or both, for recreation, education, or vacation purposes, and including facilities located on either privately or publicly owned lands except hotels or inns; and
(2) Person means any individual or group of individuals, association, partnership, limited liability company, or corporation.
Source
Laws 1959, c. 328, § 1, p. 1193;
Laws 1993, LB 121, § 432;
Laws 1996, LB 1044, § 641;
Laws 1997, LB 622, § 106;
Laws 2007, LB296, § 556;
R.S.1943, (2018), § 71-3101;
Laws 2021, LB148, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,272 - Recreation camps; permit; application; issuance; fees; disposition.

81-15,272.
Recreation camps; permit; application; issuance; fees; disposition.
Before any person shall directly or indirectly operate a recreation camp he or she shall make an application to the department and receive a valid permit for the operation of such camp. Application for such a permit shall be made at least thirty days prior to the proposed operation of the camp and shall be on forms supplied by the department upon request. The application shall be in such form and contain such information as the department may deem necessary to its determination that the recreation camp will be operated and maintained in such a manner as to protect and preserve the health and safety of the persons using the camp and shall be accompanied by an annual fee. The department may establish fees by regulation to defray the actual costs of issuing the permit, conducting inspections, and other expenses incurred by the department in carrying out this section. If a person operates or is seeking to operate more than one recreation camp, a separate application shall be made for each camp. Such a permit shall not be transferable or assignable. A permit shall expire on March 31 of the following year after its issuance, upon a change of operator of the camp, or upon revocation. If the department finds, after investigation, that the camp or the proposed operation thereof conforms, or will conform, to the minimum standards for recreation camps, a permit on a form prescribed by the department shall be issued for operation of the camp. All fees shall be remitted to the State Treasurer for credit to the Environmental Safety Cash Fund.
Source
Laws 1959, c. 328, § 2, p. 1193;
Laws 1965, c. 419, § 7, p. 1345;
Laws 1978, LB 813, § 2;
Laws 1996, LB 1044, § 642;
Laws 1997, LB 622, § 107;
Laws 1997, LB 752, § 179;
Laws 2007, LB296, § 557;
R.S.1943, (2018), § 71-3102;
Laws 2021, LB148, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,273 - Recreation camps; annual inspection; duty of department.

81-15,273.
Recreation camps; annual inspection; duty of department.
It shall be the duty of the department to make at least one annual inspection of each recreation camp. The duly authorized representatives of the department shall have the right of entry and access to any such camp at any reasonable time.
Where, upon inspection, it is found that there is failure to protect the health and safety of the persons using the camp, or a failure to comply with the camp regulations prescribed by the department, the department shall give notice to the camp operator of such failure, which notice shall set forth the reason or reasons for such failure.
Source
Laws 1959, c. 328, § 3, p. 1194;
R.S.1943, (2018), § 71-3103;
Laws 2021, LB148, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,274 - Recreation camps; permit; suspension; revocation; grounds.

81-15,274.
Recreation camps; permit; suspension; revocation; grounds.
(1) A permit may be temporarily suspended by the department for failure to protect the health and safety of the occupants of the camp or failure to comply with the camp regulations prescribed by the department.
(2) A permit may be revoked at any time, after notice and opportunity for a fair hearing held by the department, if it is found that the camp for which the permit is issued is maintained or operated in violation of law or of any regulations applicable to a camp or in violation of the conditions stated in the permit. A new permit shall not be issued until the department is satisfied that the camp will be operated in compliance with the law and regulations.
Source
Laws 1959, c. 328, § 4, p. 1194;
Laws 1996, LB 1044, § 643;
Laws 2007, LB296, § 558;
R.S.1943, (2018), § 71-3104;
Laws 2021, LB148, § 14.