reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1455 - Eyewitness suspect identification; written policy; contents; Nebraska Commission on Law Enforcement and Criminal Justice; duties.

81-1455.
Eyewitness suspect identification; written policy; contents; Nebraska Commission on Law Enforcement and Criminal Justice; duties.
(1) On or before January 1, 2017, the Nebraska State Patrol, each county sheriff, each city or village police department, and any other law enforcement agency in this state which conducts eyewitness suspect identifications shall adopt a written policy on eyewitness suspect identifications and provide a copy of such policy to the Nebraska Commission on Law Enforcement and Criminal Justice. The policy shall include the minimum standards developed by the commission relating to the following: (a) Standards which describe the administration of a lineup, (b) procedures governing the instructions given by a peace officer to an eyewitness, and (c) procedures for documentation of the eyewitness's level of certainty of an identification.
(2) The Nebraska Commission on Law Enforcement and Criminal Justice shall distribute a standard model written policy on suspect identification by eyewitnesses. Any law enforcement agency described in subsection (1) of this section which fails to adopt its own policy as required by this section shall adopt the commission's standard model written policy.
Source
Laws 2016, LB1000, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1458 - Act, how cited.

81-1458.
Act, how cited.
Sections 81-1458 to 81-1465 shall be known and may be cited as the Law Enforcement Attraction and Retention Act.
Source
Laws 2022, LB1241, § 5.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1459 - Legislative findings; purpose of act.

81-1459.
Legislative findings; purpose of act.
(1) The Legislature finds that:
(a) The State of Nebraska and cities and counties in this state have experienced a dramatic decrease in applications for law enforcement officer positions;
(b) Law enforcement officers in Nebraska are leaving the law enforcement profession;
(c) Law enforcement agencies are not retaining law enforcement officers at a rate sufficient to ensure public safety;
(d) Law enforcement officers are the critical element of public safety in Nebraska communities; and
(e) Maintaining a robust law enforcement workforce is in the best interests of all Nebraskans.
(2) The purpose of the Law Enforcement Attraction and Retention Act is to provide financial incentives to attract and retain law enforcement officers.
Source
Laws 2022, LB1241, § 6.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1460 - Terms, defined.

81-1460.
Terms, defined.
For purposes of the Law Enforcement Attraction and Retention Act:
(1) Council means the Nebraska Police Standards Advisory Council; and
(2) Law enforcement officer has the same meaning as in section 81-1401.
Source
Laws 2022, LB1241, § 7.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1461 - Incentive payments; application; eligibility; tiers.

81-1461.
Incentive payments; application; eligibility; tiers.
(1) The council shall accept applications for retention incentive payments from individual law enforcement officers in Nebraska.
(2) To be eligible for a tier 1 retention incentive payment, a law enforcement officer must complete twelve months of full-time employment as a law enforcement officer after July 1, 2022. No law enforcement officer shall receive more than one tier 1 retention incentive payment.
(3) To be eligible for a tier 2 retention incentive payment, a law enforcement officer must complete three years of full-time employment as a law enforcement officer after July 1, 2022. No law enforcement officer shall receive more than one tier 2 retention incentive payment.
(4) To be eligible for a tier 3 retention incentive payment, a law enforcement officer must complete five years of full-time employment as a law enforcement officer after July 1, 2022. No law enforcement officer shall receive more than one tier 3 retention incentive payment.
(5) Full-time law enforcement officers employed by a law enforcement agency that employs more than seventy-five full-time law enforcement officers shall only be eligible for a tier 1 retention incentive payment, and such payment shall be seven hundred fifty dollars.
(6) For full-time law enforcement officers employed by a law enforcement agency that employs seventy-five or fewer full-time law enforcement officers:
(a) The tier 1 retention incentive payment shall be one thousand five hundred dollars;
(b) The tier 2 retention incentive payment shall be two thousand five hundred dollars; and
(c) The tier 3 retention incentive payment shall be three thousand dollars.
(7) A law enforcement officer shall not be eligible for a tier 1, tier 2, or tier 3 retention incentive payment under this section if:
(a) Such law enforcement officer's certification has ever been revoked;
(b) Such law enforcement officer has ever been convicted of a felony or Class I misdemeanor. This subdivision shall not apply if the law enforcement officer received a pardon or set aside for such conviction;
(c) Such law enforcement officer has ever been adjudicated by the council to have engaged in serious misconduct, as such term is defined in section 81-1401; or
(d) Such law enforcement officer was allowed to resign instead of being terminated from employment. This subdivision shall only apply if the law enforcement officer's certification would have been revoked had he or she not resigned.
Source
Laws 2022, LB1241, § 8.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1462 - Grants for law enforcement agencies; eligibility; application.

81-1462.
Grants for law enforcement agencies; eligibility; application.
(1) The council shall accept applications for grants from law enforcement agencies in Nebraska. The grants shall be used to provide hiring bonuses to newly hired full-time law enforcement officers.
(2) A law enforcement agency shall be eligible for a grant under this section if:
(a) The law enforcement agency employs fewer than one hundred fifty full-time law enforcement officers; and
(b) The law enforcement agency is not at the recommended level of staffing under standards set by the council.
Source
Laws 2022, LB1241, § 9.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1464 - Legislative intent.

81-1464.
Legislative intent.
It is the intent of the Legislature to appropriate five million dollars each fiscal year to the Nebraska Commission on Law Enforcement and Criminal Justice for purposes of carrying out the Law Enforcement Attraction and Retention Act.
Source
Laws 2022, LB1241, § 11.
Termination Date: June 30, 2028
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1501 - Department; declaration of legislative purpose.

81-1501.
Department; declaration of legislative purpose.
Whereas the water, land, and air of this state are among its most precious resources and the pollution thereof becomes a menace to the health and welfare of each person, and the public in general, in this state and whereas pollution of these resources in this state is likewise a concern in adjoining states, the public policy of this state is hereby declared to be:
(1) To conserve the water in this state and to protect and improve the quality of water for human consumption, wildlife, fish and other aquatic life, industry, recreation, and other productive, beneficial uses;
(2) To achieve and maintain such a reasonable degree of purity of the natural atmosphere of this state that human beings and all other animals and plants which are indigenous to this state will flourish in approximately the same balance as they have in recent history and to adopt and promulgate laws, rules, and regulations and enforce uniformly the same in such a manner as to give meaningful recognition to the protection of each element of the environment, air, water, and land;
(3) To cooperate with other states and the federal government to accomplish the objectives set forth in the Environmental Protection Act, the Integrated Solid Waste Management Act, and the Livestock Waste Management Act; and
(4) To protect human health through environmental enforcement.
Source
Laws 1971, LB 939, § 1;
Laws 1987, LB 152, § 1;
Laws 1992, LB 1257, § 75;
Laws 1994, LB 570, § 4;
Laws 1998, LB 1209, § 17.
Cross References
Integrated Solid Waste Management Act, see section 13-2001.
Livestock Waste Management Act, see section 54-2416.
Annotations
The Environmental Protection Act does not preempt the field of pollution control such that municipalities cannot enact ordinances on the subject of pollution control. State ex rel. Alma v. Furnas Cty. Farms, 266 Neb. 558, 667 N.W.2d 512 (2003).
Environmental Protection Act does not divest district courts of subject matter jurisdiction to enjoin proposed solid waste disposal operations alleged to be in violation of county ordinances. Omaha Fish and Wildlife Club, Inc. v. Community Refuse, Inc., 208 Neb. 110, 302 N.W.2d 379 (1981).
Even in an industrial or rural area, one cannot conduct a business in such a manner as to materially prejudice a neighbor, but before enjoining it perpetually, a court of equity will usually allow the owner to correct or eliminate the cause of the grievance. Botsch v. Leigh Land Co., 195 Neb. 509, 239 N.W.2d 481 (1976).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1504.02 - Department; establish telephone line.

81-1504.02.
Department; establish telephone line.
The department shall establish a telephone line to provide information on the department's programs and requirements and to report complaints and suspected violations of the various environmental statutes and regulations which the department administers, as well as complaints regarding the department's regulation and enforcement activities. The department may charge a fee for the use of such a telephone line.
Source
Laws 1998, LB 1209, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1505.01 - Environmental Cash Fund; created; use; investment.

81-1505.01.
Environmental Cash Fund; created; use; investment.
There is hereby created the Environmental Cash Fund which shall be used to pay the expenses of the department. The department shall remit all fees collected pursuant to subsection (9) of section 81-1505 and section 81-1521.09 to the State Treasurer for credit to the fund. Any fee collected pursuant to section 81-1521.09 shall be used to pay the expenses related to the notice of intent for which the fee was paid. 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 State Treasurer shall transfer any money in the Department of Environmental Quality Cash Fund to the Environmental Cash Fund on July 1, 2019.
Source
Laws 1983, LB 356, § 8;
Laws 1987, LB 114, § 1;
Laws 1992, LB 1257, § 80;
Laws 1993, LB 3, § 48;
Laws 1994, LB 1066, § 112;
Laws 1995, LB 429, § 2;
Laws 2019, LB302, § 111.
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 › 81-1505.02 - Mineral exploration holes; rules and regulations.

81-1505.02.
Mineral exploration holes; rules and regulations.
The council may adopt and promulgate rules and regulations governing mineral exploration holes prior to August 1, 1983, but such rules and regulations shall not be effective until such date.
The council shall adopt and promulgate rules and regulations authorized by the amendments made by Laws 1983, LB 356, to subsection (9) of section 81-1505 within one hundred twenty days of May 26, 1983. All requirements of the Environmental Protection Act shall apply to any permit application regardless of the date of submission, except that the department shall continue to diligently process any application submitted prior to May 26, 1983.
Source
Laws 1983, LB 356, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1505.03 - Small Business Compliance Advisory Panel; created; members; duties; expenses.

81-1505.03.
Small Business Compliance Advisory Panel; created; members; duties; expenses.
(1) There is hereby created the Small Business Compliance Advisory Panel. The panel shall consist of the following:
(a) Two members who are not owners or representatives of owners of small business stationary sources of air emissions selected by the Governor to represent the general public;
(b) Four members selected by the Legislature who are owners or who represent owners of small business stationary sources of air emissions; and
(c) One member selected by the director.
(2) The panel shall be responsible for all requirements of the Clean Air Act, 42 U.S.C. 7401 et seq., as such act existed on January 1, 2004. Members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. The panel shall conduct its meetings in accordance with the Open Meetings Act and shall submit an annual report to the Governor no later than January 1 of each year. The panel shall receive necessary staff support from the department.
Source
Laws 1992, LB 1257, § 81;
Laws 2004, LB 821, § 31;
Laws 2020, LB381, § 121.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1505.05 - Clean Air Title V Cash Fund; created; use; investment.

81-1505.05.
Clean Air Title V Cash Fund; created; use; investment.
The Clean Air Title V Cash Fund is created. The department shall remit all fees collected pursuant to section 81-1505.04 to the State Treasurer for credit to the fund. Any fee collected pursuant to section 81-1505.04 shall be used solely to pay the reasonable direct and indirect costs required to develop and administer the air quality permit program, including expenses of the Small Business Compliance Advisory Panel. 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 1995, LB 429, § 1.
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 › 81-1508.02 - Unlawful acts; civil penalty.

81-1508.02.
Unlawful acts; civil penalty.
(1) It shall be unlawful for any person:
(a) To refuse the right of entry and inspection to any authorized representative of the department when the representative is acting under the provisions of a permit issued by the department;
(b) To violate any air, water, or land quality standards, any emission or effluent standards or limitations, any permit or license condition or limitation, any order of the director, or any monitoring, reporting, or record-keeping requirements contained in or issued or entered into pursuant to the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act or the rules or regulations adopted and promulgated pursuant to such acts;
(c) To make any false statement, representation, or certification in any application, label, record, report, plan, or other document required to be filed or maintained by such acts, rules, or regulations;
(d) To falsify, tamper with, or render inaccurate any monitoring device or method used or required for compliance with a permit or license or such acts, rules, or regulations; or
(e) To violate any other provision of or fail to perform any other duty imposed by such acts, rules, or regulations.
(2) Each violation of this section or of section 81-1506 shall subject a person to a civil penalty of no more than ten thousand dollars per day. In case of a continuing violation, each day shall constitute a separate offense. In assessing the amount of the fine, the court shall consider the degree and extent of the violation, the size of the operation, and any economic benefit derived from noncompliance.
Source
Laws 1994, LB 570, § 11;
Laws 1998, LB 1209, § 26;
Laws 1999, LB 789, § 2.
Cross References
Integrated Solid Waste Management Act, see section 13-2001.
Livestock Waste Management Act, see section 54-2401.
Annotations
Before seeking the imposition of a civil penalty under this section, the Director of Environmental Quality must first issue a complaint satisfying the requirements of section 81-1507. State ex rel. Wood v. Fisher Foods, Ltd., 254 Neb. 982, 581 N.W.2d 409 (1998).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1509 - Appeal; procedure.

81-1509.
Appeal; procedure.
An appeal may be taken from any final decision of the director, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1971, LB 939, § 9;
Laws 1972, LB 1435, § 8;
Laws 1974, LB 1029, § 6;
Laws 1979, LB 321, § 3;
Laws 1988, LB 352, § 174.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
For the purposes of this section, no final decision has been rendered unless a complaint has first been issued by the Director of Environmental Quality. State ex rel. Wood v. Fisher Foods, Ltd., 254 Neb. 982, 581 N.W.2d 409 (1998).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1510 - Director; voluntary compliance; records.

81-1510.
Director; voluntary compliance; records.
(1) The director shall make every effort to obtain voluntary compliance through warning, conference, or any other appropriate means prior to initiating enforcement proceedings, except that such requirement shall not be construed to alter enforcement duties or requirements of the director and the department.
(2) The director may require the maintenance of records relating to the operation of disposal systems, and any authorized representative of the director may examine and copy any such records or memoranda pertaining to the operation of disposal systems. Copies of such records shall be submitted to the director upon request.
Source
Laws 1971, LB 939, § 10;
Laws 1972, LB 1435, § 9;
Laws 1992, LB 1257, § 86.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1511 - Department; inspections; search warrants.

81-1511.
Department; inspections; search warrants.
Any duly authorized officer, employee, or representative of the director may at any reasonable time, with the consent of the person or persons in control of an air, land, or water contaminant source, or property where dredged or fill material is being discharged, enter and inspect any property, premise, or place on or at which such a contaminant source is located or being constructed, installed, or established, or where such dredged or fill material is being discharged, for the purpose of ascertaining the state of compliance with the Environmental Protection Act, the Integrated Solid Waste Management Act, and the Livestock Waste Management Act and rules and regulations in force pursuant to the acts. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath or affirmation, may be issued by the district court as provided by law to such officer, employee, or representative of the department for the purpose of enabling him or her to make such inspection. No person shall refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials and warrants. No person shall obstruct, hamper, or interfere with any such inspection. Nothing in this section shall be construed to prevent prompt inspection without consent or appropriate warrant in acute and compelling emergency situations when there is neither sufficient time nor opportunity to obtain a search warrant. If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.
Source
Laws 1971, LB 939, § 11;
Laws 1972, LB 1435, § 10;
Laws 1987, LB 152, § 3;
Laws 1992, LB 1257, § 87;
Laws 1998, LB 1209, § 27;
Laws 2022, LB809, § 8.
Cross References
Inspection of grain warehouses, department, duties, see section 88-550.
Integrated Solid Waste Management Act, see section 13-2001.
Livestock Waste Management Act, see section 54-2416.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1512 - Department; emergency powers.

81-1512.
Department; emergency powers.
Nothing in the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act shall be construed to limit any power which the Governor or any other officer may have to declare an emergency and act on the basis of such declaration if such power is conferred by statute or constitutional provision or inheres in the office.
Source
Laws 1971, LB 939, § 12;
Laws 1987, LB 152, § 4;
Laws 1992, LB 1257, § 88;
Laws 1998, LB 1209, § 28.
Cross References
Integrated Solid Waste Management Act, see section 13-2001.
Livestock Waste Management Act, see section 54-2416.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1514 - Land resources; public policy.

81-1514.
Land resources; public policy.
It is hereby declared to be the public policy of the State of Nebraska to achieve and maintain such a reasonable degree of purity of the land resources of the state as will protect human health and safety, and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of the state, protect the scenic beauty of the state, facilitate the enjoyment of the natural attractions of the state, and to provide for the prevention, abatement and control of new or existing land pollution.
Source
Laws 1971, LB 939, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1515 - Dredge and Fill Cash Fund; created; use; investment.

81-1515.
Dredge and Fill Cash Fund; created; use; investment.
The Dredge and Fill Cash Fund is hereby created. The department shall remit all fees collected pursuant to subsection (24) of section 81-1505 and money received by the department in the form of gifts, grants, reimbursements, or monetary transfers from any source intended to be used for the purposes of the fund, to the State Treasurer for credit to the fund. The fund shall be used to pay the reasonable direct and indirect costs required to develop and administer a program to regulate discharges of dredged and fill material under section 404 of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. 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 2022, LB809, § 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 › 81-1516 - Refuse, garbage, and rubbish; disposal; conditions.

81-1516.
Refuse, garbage, and rubbish; disposal; conditions.
No person shall dispose of any refuse, garbage, or rubbish at any place except a disposal area for which a permit has been issued as provided by the Environmental Protection Act or, on and after October 1, 1993, in a facility for which a permit has been issued under the Integrated Solid Waste Management Act. Nothing in either act and no act of the director shall usurp the legal right of a local governing body to develop and enforce local ordinances, codes, or rules and regulations on solid waste disposal equal to or more stringent than the provisions of the acts as necessary to protect the public health and welfare and the environment, and the provisions of the acts shall not relieve the applicant from obtaining a permit from a local governing body when required or relieve the person owning or operating a disposal area from responsibility for securing proper zoning permits or complying with all applicable local ordinances, codes, or rules and regulations not in conflict with the provisions of the acts.
Source
Laws 1971, LB 939, § 16;
Laws 1987, LB 152, § 5;
Laws 1992, LB 1257, § 89.
Cross References
Garbage and solid waste disposal facilities, construction and operation by cities of the first and second classes and villages, see sections 19-2101 to 19-2111.
Integrated Solid Waste Management Act, see section 13-2001.
Solid waste disposal areas and facilities, siting approval from city, village, or county, see sections 13-1701 to 13-1714.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1517 - Political subdivision; permits; department; powers; evaluation and determination of terms and conditions; factors.

81-1517.
Political subdivision; permits; department; powers; evaluation and determination of terms and conditions; factors.
(1) In issuing permits to any political subdivision under the National Pollutant Discharge Elimination System created by the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., the department may exercise all possible discretion allowed by the United States Environmental Protection Agency to enable the political subdivision to maintain environmental infrastructure while improving water quality in a manner that is sustainable and within the financial capability of the political subdivision. In exercising such discretion, the department may, when requested by a political subdivision, undertake an evaluation and make a determination of the necessity of specific permit terms and conditions to achieve water quality objectives. Such determination may affect the level of water treatment or pollution control, the length of time necessary for compliance, or both. Any political subdivision may request this evaluation and determination from the department in the issuance or reissuance of its permit.
(2) The department may include, but is not limited to, consideration of the following factors in making its evaluation and determination under subsection (1) of this section:
(a) The financial capability of a political subdivision to raise and secure necessary funding at a reasonable cost;
(b) The affordability for ratepayers for implementation of pollution control options available to a political subdivision using the most appropriate methodology and measurements for the political subdivision in making such affordability determination;
(c) The future growth potential and projections of a political subdivision and whether its infrastructure is sufficient for projected needs;
(d) The overall costs and environmental benefits of control technologies;
(e) Other environmental improvement investments made by a political subdivision; and
(f) Any other relevant economic and social concerns or environmental conditions.
Source
Laws 2015, LB413, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1518 - Environmental Infrastructure Sustainability Fund; created; use; investment.

81-1518.
Environmental Infrastructure Sustainability Fund; created; use; investment.
The Environmental Infrastructure Sustainability Fund is created. The fund shall be administered by the department. Revenue from the following sources shall be credited to the fund: (1) Application fees collected under section 81-1519; (2) reimbursements for actual costs necessary to complete environmental infrastructure sustainability evaluations as authorized under section 81-1517; (3) supplemental environmental projects resulting from enforcement settlements; and (4) gifts, grants, reimbursements, or appropriations from any source intended to be used for purposes of section 81-1517. The fund shall be used by the department to offset costs related to the completion of environmental infrastructure sustainability evaluations as authorized by section 81-1517. 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 2015, LB413, § 4.
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 › 81-1519 - Political subdivision; evaluation; application fee; costs; refund.

81-1519.
Political subdivision; evaluation; application fee; costs; refund.
Any political subdivision requesting an evaluation authorized under section 81-1517 shall submit a request on a form approved by the department and provide the department with an application fee not to exceed five thousand dollars. If the costs of the department exceed the initial deposit, the department and political subdivision shall enter into an agreement establishing a schedule for the payment of additional costs by the political subdivision. After the completion of the environmental infrastructure sustainability evaluation, any balance of funds paid under this section shall be refunded to the political subdivision.
Source
Laws 2015, LB413, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1520 - Political subdivision; evaluation; fee schedule.

81-1520.
Political subdivision; evaluation; fee schedule.
The council shall adopt and promulgate rules and regulations to establish a tiered application fee schedule to be charged to political subdivisions requesting an environmental infrastructure sustainability evaluation as authorized under section 81-1517. The rules and regulations shall take into account the population of a political subdivision and any financial hardship that may impact the ability to pay the application fee.
Source
Laws 2015, LB413, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.08 - Hazardous waste; terms, defined.

81-1521.08.
Hazardous waste; terms, defined.
For purposes of sections 81-1521.08 to 81-1521.23, unless the context otherwise requires:
(1) Chief executive officer shall mean the mayor, city manager, or chairperson of the board of trustees of a municipality;
(2) Commercial hazardous waste management facility shall mean a hazardous waste management facility which accepts hazardous waste for treatment, storage, or disposal which is generated by any person other than the person which owns or operates such facility;
(3) Committee shall mean the specific site review committee established in response to a notice of intent filed pursuant to section 81-1521.09;
(4) Hazardous waste management facility shall mean all contiguous land, and structures, other appurtenances, and improvements on the land, used for the treatment, storage, or disposal of hazardous waste. A hazardous waste management facility may consist of several treatment, storage, or disposal operational units such as one or more landfills or surface impoundments or any combination of such operational units;
(5) Municipality shall mean an incorporated city or village; and
(6) Other definitions found in section 81-1502 shall apply.
Source
Laws 1987, LB 114, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.09 - Hazardous waste; commercial hazardous waste management facility; notice of intent to apply for permit; fee; site review committee; director; appoint designee.

81-1521.09.
Hazardous waste; commercial hazardous waste management facility; notice of intent to apply for permit; fee; site review committee; director; appoint designee.
(1) Commencing on June 30, 1988, any person who desires a permit for a commercial hazardous waste management facility shall, at least one hundred eighty days prior to making application therefor, file a notice of intent with the director on a form provided by the director. The notice of intent shall include such information as prescribed by the director and shall be accompanied by a fee established by the department in an amount sufficient, but not in excess of the amount necessary, to pay the department for the direct and indirect costs of processing the notice of intent and to pay the costs and expenses specified in section 81-1521.12. Within fifteen days of receipt of a notice of intent, the director shall notify the appropriate local officials and shall establish a specific site review committee. The purpose of establishing the committee shall be to provide for early public involvement in the consideration of a proposed facility.
(2) The director may appoint a designee to carry out duties assigned to the director related to a notice of intent or an application for a permit except the duty to make the decision required by section 81-1521.19. If the applicant is an individual, the application shall include the applicant's social security number.
Source
Laws 1987, LB 114, § 3;
Laws 1997, LB 752, § 225.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.10 - Hazardous waste; site review committee; membership.

81-1521.10.
Hazardous waste; site review committee; membership.
(1) The committee shall consist of twelve members, six of whom shall be local members and six of whom shall be regional members.
(2) The six local members shall be chosen as follows:
(a) If the proposed facility will be located within the zoning jurisdiction of a municipality, the chief executive officer of the municipality shall appoint six members who reside within such zoning jurisdiction;
(b) If the proposed facility will be located in an unincorporated area which is within five miles of the zoning jurisdiction of one or more municipalities, the chief executive officer of each such municipality shall appoint a member who resides within the zoning jurisdiction of the respective municipality and the chairperson of the county board of the county in which the facility would be located shall appoint additional members who reside within five miles of the proposed facility for a total of six members; and
(c) If the proposed facility will be located in an unincorporated area which is more than five miles from the zoning jurisdiction of any municipality, the chairperson of the county board of the county in which the facility would be located shall appoint six members who reside within five miles of the proposed facility.
(3) The six regional members shall be appointed by the director to represent various interests affected by a proposed facility and shall include at least one environmental representative, one academic expert, one industry representative, one community planner, one representative of public interest groups, and one representative of the medical community. The regional members shall be appointed for two-year terms and shall serve whenever a committee is needed during that time. Alternates shall be appointed to serve in case a regional member is unable to do so or is already serving on a committee.
Source
Laws 1987, LB 114, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.11 - Hazardous waste; site review committee; meetings; officers; professional facilitator.

81-1521.11.
Hazardous waste; site review committee; meetings; officers; professional facilitator.
The director shall organize a meeting of the committee within twenty-one days of the filing of a notice of intent by an applicant. The director shall serve as temporary chairperson of the committee and shall select as a professional facilitator a person trained in group dynamics and objectivity to handle committee meetings with the public and the applicant. At its first meeting, the committee shall select a chairperson and any other officers it deems necessary and shall adopt procedures for gathering information and preparing a report. The committee shall hold factfinding meetings near the proposed site for the facility. The applicant shall make a technical advisor and other resource people available to the committee.
Source
Laws 1987, LB 114, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.12 - Hazardous waste; department; provide staff; applicant; pay expenses.

81-1521.12.
Hazardous waste; department; provide staff; applicant; pay expenses.
The department shall provide a secretary and other staff persons to assist the committee. The applicant shall pay the expenses for such clerical and other help and the salary of the professional facilitator, shall pay the costs of printing the committee's report, and shall reimburse the committee members for their mileage expenses at the rate provided in section 81-1176 for state employees. The department shall keep a record of all such costs and expenses and assess the applicant for any amount over the estimated amount on which the fee paid by the applicant was based.
Source
Laws 1987, LB 114, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.13 - Hazardous waste; site review committee; consider factors; enumerated.

81-1521.13.
Hazardous waste; site review committee; consider factors; enumerated.
Factors to be considered by the committee shall include, but not be limited to:
(1) Economic considerations such as whether the facility is needed, profit expectations for the facility, how the facility will be operated, effects on the community, the potential for compensation to the local governing body, and aspects related to closure of the facility;
(2) The function of the facility, including the management processes involved, the wastes to be handled, the relationship to any integrated system or master plan for hazardous waste management, and plans for future expansion;
(3) Considerations related to the technology to be used such as why that process was chosen, plans for quality control, reliability of the technology, and the sequence of steps involved from generation of the wastes to postclosure of the facility;
(4) Characteristics of the site for the facility, the methods for determining the characteristics, and why the site was chosen;
(5) Surface drainage, ground water protection, air emissions, and other factors related to environmental quality;
(6) Transportation considerations such as methods to be used, waste containment during transport, party responsible for transport, timing of arrivals, routing, and response plans in case of spills;
(7) Plans for responses to emergencies and for site security, qualifications and training of personnel, and actions to be taken when there are operating problems; and
(8) Enforcement provisions, including applicable regulations, monitoring plans, who is responsible for enforcement, sequence and timing of possible enforcement, and the ability of governmental agencies to ensure compliance.
Source
Laws 1987, LB 114, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.14 - Hazardous waste; site review committee; issue report; contents.

81-1521.14.
Hazardous waste; site review committee; issue report; contents.
The committee shall issue a report no later than one hundred eighty days from the date the notice of intent is filed, except that the deadline may be extended by mutual agreement between the applicant and the committee. The report shall document the discussion of community concerns raised during review by the committee of the proposed commercial hazardous waste management facility, including identification and discussion of the issues which were resolved, the issues which were not resolved, and the questions which were not answered, including the reasons they were not answered.
The report may also include recommendations on the compensation which the applicant should pay or provide to the local governing body. Any recommendations shall be subject to further negotiations between the applicant and the local governing body.
Copies of the report shall be made available to committee members, the department, the applicant, and the public.
After issuance of its report, the committee shall have no further duties, except that the department may ask the committee to review any changes related to the proposed commercial hazardous waste management facility which are proposed by the applicant and to amend its report if appropriate.
Source
Laws 1987, LB 114, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.15 - Commercial hazardous waste management facility; application for permit.

81-1521.15.
Commercial hazardous waste management facility; application for permit.
At the conclusion of the process involving the committee, the person desiring a permit for a commercial hazardous waste management facility shall make application therefor to the director on a form provided by the director. The application shall contain the name and residence of the applicant, the location of the proposed facility, and such other information as may be necessary and shall be accompanied by a copy of the committee's report and any written response by the applicant to such report.
Source
Laws 1980, LB 853, § 8;
R.S.1943, (1981), § 81-1521.01;
Laws 1987, LB 114, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.16 - Commercial hazardous waste management facility; application; hearing by local governing body.

81-1521.16.
Commercial hazardous waste management facility; application; hearing by local governing body.
If the application for a commercial hazardous waste management facility contains all of the information required by the department, the director shall send a copy of the application, of the committee's report, and of any response by the applicant to the report to the county board of the county if the proposed facility will be located outside the zoning jurisdiction of a city or village or to the city council or board of trustees if it will be located within the zoning jurisdiction of a city or village. A hearing shall be held by the county board, city council, or board of trustees within forty-five days of receipt of the copy of the application.
Source
Laws 1987, LB 114, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.17 - Commercial hazardous waste management facility; notice of hearing; decision by local governing body.

81-1521.17.
Commercial hazardous waste management facility; notice of hearing; decision by local governing body.
Before the county board, city council, or board of trustees approves or disapproves a proposed commercial hazardous waste management facility, notice shall be given once at least thirty days but not more than forty days before the hearing and a second time at least ten days before the hearing. Such notice shall be given by publication of a notice in a newspaper either published in or having general circulation in the county, city, or village where the proposed facility is to be located and shall state the time and place of hearing, the name of the applicant for a permit, and the exact location of the proposed facility. In deciding whether to approve or disapprove such facility, the county board, city council, or board of trustees shall determine if such facility will be in compliance with its zoning laws or violate any local ordinances or resolutions. The local governing body shall make its decision within one hundred eighty days of receipt of a copy of the application from the director and shall notify the department and the applicant of its action. If the local governing body disapproves the application, it shall specify its reasons for disapproval. If the local governing body disapproves the application, the department may not take further action on the application unless the disapproval is reversed by court order. For purposes of appeal, the decision of the local governing body to disapprove the application shall be deemed a final order.
Source
Laws 1980, LB 853, § 9;
R.S.1943, (1981), § 81-1521.02;
Laws 1987, LB 114, § 11;
Laws 1987, LB 152, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.18 - Commercial hazardous waste management facility; appeal of decision.

81-1521.18.
Commercial hazardous waste management facility; appeal of decision.
The disapproval decision made by the local governing body may be appealed to district court. The court may affirm the decision or it may reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the decision is:
(1) In violation of constitutional provisions;
(2) In excess of the statutory authority or jurisdiction of the local governing body;
(3) Made upon unlawful procedure;
(4) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or
(5) Arbitrary or capricious.
Source
Laws 1987, LB 114, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.19 - Commercial hazardous waste management facility; approval; director; duties.

81-1521.19.
Commercial hazardous waste management facility; approval; director; duties.
Following approval action by the local governing body, the director shall determine if the proposed facility complies with the provisions of the Environmental Protection Act and all rules, regulations, and standards promulgated pursuant to such act. The review shall include, but not be limited to, consideration of factors related to air quality, water quality, waste management, and hydrogeology and of the environmental risks and benefits to the vicinity in which the facility would be located. Each person in the department who reviews the application shall prepare and sign a written statement for evaluation by the director who shall decide whether to approve or disapprove the application.
Source
Laws 1987, LB 114, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.20 - Commercial hazardous waste management facility; publication of notice; additional hearing; permit; issuance; conditions.

81-1521.20.
Commercial hazardous waste management facility; publication of notice; additional hearing; permit; issuance; conditions.
The department shall publish notice of an application for a permit for a commercial hazardous waste management facility, together with the action taken by the local governing body, the director's decision, and whether the permit will be granted or denied, in a legal newspaper either published in or having general circulation in the vicinity affected. A copy of such notice shall also be provided to the applicant. The public may comment or request a public hearing within thirty days after the date such information is made available, and the director may, within his or her discretion, hold a hearing on the granting or denial of the permit if he or she determines that the circumstances justify it.
Prior to issuing the permit, the director shall find that the applicant is a responsible and suitable person to conduct the business and that the proposed facility complies with the provisions specified in section 81-1521.19 and has the requisite approval of the local governing body. Permit conditions established by the department shall supersede any ordinances, resolutions, regulations, or requirements of the local governing body, then or thereafter in effect, which are inconsistent with such conditions.
Source
Laws 1980, LB 853, § 10;
R.S.1943, (1981), § 81-1521.03;
Laws 1987, LB 114, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1521.21 - Commercial hazardous waste management facility; permittee; financial responsibility and insurance.

81-1521.21.
Commercial hazardous waste management facility; permittee; financial responsibility and insurance.
As a condition of granting a permit for any commercial hazardous waste management facility, the permittee shall provide proof of financial responsibility pursuant to subdivision (21)(a) of section 81-1505 and liability insurance, including coverage against nonsudden and accidental occurrences, in an amount determined by the director.
Source
Laws 1980, LB 853, § 11;
Laws 1984, LB 1078, § 6;
R.S.Supp.,1986, § 81-1521.04;
Laws 1987, LB 114, § 15.