reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1591 - Low-level radioactive waste, defined.

81-1591.
Low-level radioactive waste, defined.
Low-level radioactive waste shall mean radioactive waste not classified as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in subdivision (2) of section 81-1582 and classified by the federal government as low-level radioactive waste but shall not include waste which remains a federal responsibility as designated in section 3(b) of the Low-Level Radioactive Waste Policy Act, as amended, 42 U.S.C. 2021C(b).
Source
Laws 1986, LB 491, § 14;
Laws 1989, LB 761, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1591.01 - Operational life of the facility, defined.

81-1591.01.
Operational life of the facility, defined.
Operational life of the facility shall mean the period of time commencing when low-level radioactive waste is initially received at the facility and ending when the facility permanently ceases to receive such waste for disposal.
Source
Laws 1989, LB 761, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1592 - Person, defined.

81-1592.
Person, defined.
Person shall mean any individual, corporation, partnership, limited liability company, firm, association, joint venture, trust, estate, public or private institution, group, public agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, but shall not include federal governmental agencies.
Source
Laws 1986, LB 491, § 15;
Laws 1987, LB 426, § 8;
Laws 1993, LB 121, § 541.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1593 - Radioactive material, defined.

81-1593.
Radioactive material, defined.
Radioactive material shall mean any material, solid, liquid, or gas, which emits ionizing radiation spontaneously. Radioactive material shall include accelerator-produced, byproduct, naturally occurring, source, and special nuclear materials.
Source
Laws 1986, LB 491, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1594 - Source material, defined.

81-1594.
Source material, defined.
Source material shall mean (1) uranium or thorium or any combination thereof in any chemical or physical form or (2) ores which contain by weight one-twentieth of one percent or more of uranium or thorium or any combination thereof. Source material shall not include special nuclear material.
Source
Laws 1986, LB 491, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1595 - Special nuclear material, defined.

81-1595.
Special nuclear material, defined.
Special nuclear material shall mean (1) plutonium, uranium 233, and uranium enriched in the isotope 233 or in the isotope 235 but does not include source material or (2) any material artificially enriched by any of the foregoing, but shall not include source material.
Source
Laws 1986, LB 491, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1596 - Spent nuclear fuel, defined.

81-1596.
Spent nuclear fuel, defined.
Spent nuclear fuel shall mean irradiated nuclear fuel that has undergone at least one year of decay since being used as a source of energy in a power reactor. Spent fuel shall include the special nuclear material, byproduct material, source material, and other radioactive material associated with fuel assemblies.
Source
Laws 1986, LB 491, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1597 - Transuranic waste, defined.

81-1597.
Transuranic waste, defined.
Transuranic waste shall mean radioactive waste containing alpha emitting transuranic elements at levels determined by the United States Nuclear Regulatory Commission to be transuranic waste.
Source
Laws 1986, LB 491, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1599 - Department; powers and duties.

81-1599.
Department; powers and duties.
The department shall have and may exercise the following powers and duties to carry out the Low-Level Radioactive Waste Disposal Act:
(1) Develop a program for the regulation of disposal of low-level radioactive waste based on a zero-release objective;
(2) Issue, modify, suspend, or revoke licenses or orders;
(3) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and other organizations concerned with control of sources of radiation;
(4) Accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(5) Enter upon any private or public property at all reasonable times to determine compliance with the act and rules and regulations adopted and promulgated pursuant to the act;
(6) Institute training programs to qualify personnel to administer the act and make such personnel available for participation in any programs of the federal government, other states, or interstate agencies in furtherance of the purposes of the act;
(7) Enter into agreements with the federal government, other states, or interstate agencies by which the department agrees to perform inspections and other functions relating to the disposal of low-level radioactive waste on a cooperative basis with the federal government, other states, or interstate agencies;
(8) Require submission of plans, specifications, and other data for siting, construction, and operation of a facility;
(9) Require proper operation and maintenance of a facility;
(10) Require licensees (a) to keep detailed records of each and every release which may cause or contribute to air, water, or land pollution or to the exposure to the environment of radioactive or hazardous substances, (b) to inform the department of each such event within twenty-four hours of its occurrence, and (c) to make such records available for inspection by the department, the public, and other interested persons;
(11) Require licensees to adopt low-level radioactive waste technological and operative procedures consistent with a zero-release objective; and
(12) Exercise all incidental powers necessary to carry out the purposes of the Low-Level Radioactive Waste Disposal Act.
Source
Laws 1986, LB 491, § 22;
Laws 1987, LB 426, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1599.01 - Acceptance of applications for licensure; limitation.

81-1599.01.
Acceptance of applications for licensure; limitation.
The department shall not accept any applications for licensure as provided in section 81-15,101 prior to October 1, 1989.
Source
Laws 1988, LB 1092, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1599.02 - Nebraska representatives to commission; appointment.

81-1599.02.
Nebraska representatives to commission; appointment.
Pursuant to the Central Interstate Low-Level Radioactive Waste Compact, Nebraska as the host state shall have two at-large voting members and one nonvoting member from the county in which the facility is located on the Central Interstate Low-Level Radioactive Waste Commission. The members of the commission representing Nebraska shall be appointed by the Governor with the approval of a majority of the members of the Legislature, and such members shall serve at the pleasure of the Governor. The Governor shall appoint the nonvoting member upon submission of an application for a license for the operation of a facility or on March 22, 1991, whichever occurs later. The appointees may begin to serve immediately following appointment and prior to approval by the Legislature. If any appointee receives less than majority approval by the members of the Legislature, the Governor shall appoint another person to represent Nebraska on the commission within ten days of the failure to receive such approval. The members representing Nebraska on the commission may, when necessary, designate an alternate member to represent Nebraska.
Source
Laws 1989, LB 761, § 7;
Laws 1991, LB 837, § 3.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,100 - Council; disposal of low-level radioactive waste; adopt rules and regulations; considerations.

81-15,100.
Council; disposal of low-level radioactive waste; adopt rules and regulations; considerations.
In order to carry out the purposes of the Low-Level Radioactive Waste Disposal Act, the council shall adopt and promulgate rules and regulations for the disposal of low-level radioactive waste. In adopting such rules and regulations, the council shall consider, but not be limited to, requirements for licensing, including terms, conditions, amendment, suspension, or revocation thereof, performance objectives and technical requirements, financial assurance, record-keeping, reporting, testing, and such other requirements established by the United States Nuclear Regulatory Commission at 10 C.F.R. part 61.
Source
Laws 1986, LB 491, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,101 - License application; contents; transfer; limitation; review, when; department; duties.

81-15,101.
License application; contents; transfer; limitation; review, when; department; duties.
(1) Each application for a license shall be in writing and shall state such information as the department may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant deemed reasonable and necessary to protect the public health and environment with an adequate margin of safety. The applicant shall also describe the funding arrangements such applicant will make to provide for custodial care. The department may at any time after the filing of the application and before the expiration of the license require further written statements and may make such inspections as the department may deem necessary in order to determine whether the license should be modified, suspended, or revoked. All applications and statements shall be signed by the applicant or licensee.
(2) No license issued under the Low-Level Radioactive Waste Disposal Act shall be assigned or in any manner disposed of unless the department, after securing full information, finds that the transfer is in accordance with the act and gives its consent in writing.
(3) If any person becomes the legal or beneficial owner of more than fifty percent of any class of the issued and outstanding equity securities of an applicant or licensee at any time after the application has been made and before the expiration of the license, the department shall conduct a review which shall include, but not be limited to, the environmental compliance record and financial responsibility of such person. At the conclusion of the review, the department shall issue a report of its findings, including its conclusions regarding the adequacy of such person to fulfill the provisions of the application or license and all laws, rules, and regulations. Copies of the report shall be sent to the Governor, Legislature, and local monitoring committee.
Source
Laws 1986, LB 491, § 24;
Laws 1987, LB 426, § 10;
Laws 1989, LB 761, § 8;
Laws 1996, LB 1201, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,101.02 - Applicant; design and planning requirements.

81-15,101.02.
Applicant; design and planning requirements.
No license for the operation of a facility shall be granted to any applicant who proposes a disposal design which uses traditional shallow land burial as used prior to 1979. The disposal cells of the facility shall be built above grade levels and designed to meet the state's zero-release objectives. An applicant shall present a disposal design for aboveground disposal or other technology which contains one or more engineered, artificially constructed barriers to isolate the waste from the surrounding environment. An applicant shall present a plan of continuous environmental monitoring to detect any releases of radiation from the disposal facility and having the capability of providing early warning of releases of radiation from the facility. The monitoring plan shall cover the operational life of the facility and such time period following site closure and stabilization that is necessary to protect the health and safety of the public. An applicant shall present a plan for the recovery, cleanup, or other corrective action necessary as a result of the release of radiation from the facility. The facility design shall include a plan for retrievability and removal of all waste.
Source
Laws 1987, LB 426, § 16;
Laws 1989, LB 761, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,101.03 - Decommissioned nuclear reactor; waste; storage or disposal; waste from outside region; acceptance.

81-15,101.03.
Decommissioned nuclear reactor; waste; storage or disposal; waste from outside region; acceptance.
(1) No low-level radioactive waste produced as a result of decommissioning a nuclear reactor shall be stored or disposed of at the facility until the department has determined that such facility is designed to safely store or dispose of such waste.
(2) Unless an emergency exists, no waste shall be accepted from outside the Central Interstate Low-Level Radioactive Waste Compact region without prior approval by the Legislature. No agreement entered into pursuant to an emergency situation shall extend beyond six months unless a continuation of the agreement is approved by the Legislature.
Source
Laws 1988, LB 1092, § 8;
Laws 1989, LB 761, § 11.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,101.04 - Class C low-level radioactive waste; storage; disposal; requirements.

81-15,101.04.
Class C low-level radioactive waste; storage; disposal; requirements.
Class C low-level radioactive waste, as defined by 10 C.F.R. 61.55 in effect on January 26, 1983, shall be stored or disposed of separately from other types of low-level radioactive waste in containers which can be easily monitored and retrieved and shall be handled, stored, and disposed of in a manner consistent with the zero-release objective described in section 81-1580.
Source
Laws 1988, LB 1092, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,101.05 - Mixed waste; requirements.

81-15,101.05.
Mixed waste; requirements.
Waste which is defined by the Nuclear Regulatory Commission or the federal Environmental Protection Agency as mixed waste shall be solidified, neutralized, and stabilized to the maximum degree practicable prior to shipment to the facility. Mixed waste which has not been treated to the degree required by this section shall not be disposed of at the facility.
Source
Laws 1988, LB 1092, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,102.01 - Property near facility; loss of value; compensation authorized; procedure.

81-15,102.01.
Property near facility; loss of value; compensation authorized; procedure.
(1) Any owner of real property that is within a three-mile radius of the facility on the date a license for such facility is granted who believes that his or her property has declined in value as a result of construction of the facility or his or her heirs or assigns may apply for compensation as provided in this section. Any application for compensation shall be filed within five years of the date the facility first begins accepting low-level radioactive waste. Upon application by a real property owner, the county board of the county in which the facility is located shall hold a hearing to determine whether a loss of real property value has occurred. In reaching a decision, the county board shall consider the value of such property on the date a license is granted to the developer, using appraisals, valuations made by the county assessor of the county, data developed by the Property Tax Administrator, and any other relevant data, including appraisals which the county board may order. If the real property owner establishes by a preponderance of the evidence that his or her property has suffered loss which has not previously been compensated due to the construction of the facility, the developer shall provide compensation to the real property owner for the amount of the loss. Compensation shall be provided by the developer from fees assessed upon generators of low-level radioactive waste at the time such waste is delivered to the facility. Any real property owner aggrieved by a final decision of the county board shall be entitled to an appeal in the same manner as appeals are taken pursuant to section 23-135.
(2) As used in this section, real property owner shall mean the owner of record in the office of the county register of deeds on the date a license is granted to the developer as provided in section 81-15,101 or his or her heirs or assigns.
Source
Laws 1988, LB 1092, § 11;
Laws 1995, LB 490, § 188.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,102.02 - Department; testing of water and agricultural products.

81-15,102.02.
Department; testing of water and agricultural products.
(1) The department shall offer to landowners directly adjacent to the facility's boundary an annual well and surface water sampling and analysis of any domestic water supply at no cost to the landowner.
(2) The department shall offer to landowners directly adjacent to the facility's boundary the opportunity for testing of agricultural products produced on the property for contamination by radioactivity. The testing shall be conducted pursuant to a plan developed by the department and at no cost to the landowner.
Source
Laws 1989, LB 761, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,102.03 - Developer; provide emergency training and equipment.

81-15,102.03.
Developer; provide emergency training and equipment.
The developer shall provide to the appropriate local political subdivision training of the first responding fire, police, and emergency medical services to handle emergency events at the facility and support for affected county emergency management planning, training, and central dispatch facilities as may be required to handle emergency events at the facility. The developer shall conduct such training programs or contract with appropriate public or private agencies for such training. The content of any such training program shall, prior to the commencement of the training program, be approved by the appropriate state agency which is responsible for such emergency training activity. The developer shall also provide to the appropriate local political subdivision any equipment which is necessary to provide emergency response due to the location and operation of the facility.
Source
Laws 1989, LB 761, § 17;
Laws 1997, LB 138, § 54.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,104.01 - Council; designated as rate-review agency.

81-15,104.01.
Council; designated as rate-review agency.
For purposes of section (c) of Article III of the Central Interstate Low-Level Radioactive Waste Compact, the council is hereby designated as the rate-review agency for this state.
Source
Laws 1983, LB 200, § 3;
R.S.1943, (1989), Appendix (BB);
Laws 1991, LB 716, § 2.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,105 - Inconsistent ordinances, resolutions, or regulations; superseded.

81-15,105.
Inconsistent ordinances, resolutions, or regulations; superseded.
The Low-Level Radioactive Waste Disposal Act shall supersede ordinances, resolutions, or regulations, now or hereafter in effect, of the governing body of a municipality or county or of state agencies which are inconsistent with the act.
Source
Laws 1986, LB 491, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,105.01 - Acceptance of waste by facility; when.

81-15,105.01.
Acceptance of waste by facility; when.
No waste shall be accepted by the facility until the amendments to the Central Interstate Low-Level Radioactive Waste Compact contained in Laws 1991, LB 837, are in effect in Kansas, Oklahoma, Louisiana, and Arkansas and have been ratified by Congress.
Source
Laws 1991, LB 837, § 1;
Laws 1996, LB 1201, § 10.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,106 - License; term; review; revocation; denial; hearing; closure of facility.

81-15,106.
License; term; review; revocation; denial; hearing; closure of facility.
(1) Licenses shall provide that a facility shall not accept waste for a period longer than thirty years or until five million cubic feet of low-level radioactive waste has been received, whichever occurs sooner. Licenses shall be reviewed every five years subsequent to the date of issuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws, rules, and regulations. Nothing in this subsection shall preclude a license from being reviewed and modified at any time during its term.
(2) The department may issue an order temporarily or permanently closing a facility prior to its scheduled closing date if it finds there is a potential hazard to public health, safety, or the environment which justifies a temporary or permanent closure. A facility that is temporarily closed shall remain closed for as long as necessary for remedial action and throughout the period of facility cleanup and stabilization. Before authorizing the reopening of a temporarily closed facility, the department shall provide an explanation of its reasons for authorizing the reopening.
(3) Any license issued under the Low-Level Radioactive Waste Disposal Act shall be subject to revocation for failure of the licensee to comply with the terms and conditions of the license, the applicable rules and regulations, or the provisions of the act. Any person whose license has been revoked shall be afforded an opportunity for a hearing by the department upon written application made within thirty days after service of notice of such revocation.
(4) In any proceeding for the denial of an application for a license or for revocation, suspension, or modification of a license, the department shall provide to the applicant or licensee an opportunity for a hearing on the record.
Source
Laws 1986, LB 491, § 29;
Laws 1987, LB 426, § 14;
Laws 1989, LB 761, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,107 - License application; notice; hearing; environmental impact analysis required; appeal.

81-15,107.
License application; notice; hearing; environmental impact analysis required; appeal.
(1) For any application for a license, the department shall provide an opportunity, after public notice, for written comments and shall hold a public hearing in the county in which the proposed facility is to be located. The cost of such hearing shall be borne by the applicant. All testimony offered at such hearing shall be recorded. The department shall issue a written determination of the action to be taken which is based upon findings to be included in the determination and upon evidence presented during the public comment period.
(2) The department shall prepare, for each licensed activity which has a significant impact on the human environment, a written analysis of the impact of such licensed activity on the environment. The environmental impact analysis shall address each subject listed in Public Law 91-190, Title I, section 102(2)(c), 83 Stat. 853, and supporting regulations. The department shall prohibit any construction with respect to any activity for which an environmental impact analysis is required prior to completion of such analysis. The analysis shall be available to the public at the time notice is given for the hearing held pursuant to this section and shall include:
(a) An assessment of the radiological and nonradiological impacts to the public health;
(b) An assessment of any impact on any waterways and ground water;
(c) Consideration of alternatives to the activities to be conducted, including alternative sites and engineering methods; and
(d) Consideration of the long-term impacts, including closure, decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such closure, decommissioning, decontamination, and reclamation.
(3) Any final agency action or order may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1986, LB 491, § 30;
Laws 1987, LB 426, § 17;
Laws 1988, LB 352, § 176.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,108 - Emergency order; hearing.

81-15,108.
Emergency order; hearing.
Whenever the director finds that an emergency exists requiring immediate action to protect the public health and safety, the director may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency including, but not limited to, closure of the site. Such order shall be effective immediately. Any person to whom such order is directed shall comply immediately, but on application to the director, such person shall be afforded a hearing not later than ten days after receipt of such application. On the basis of such hearing, the director shall continue, modify, or revoke such order within thirty days after such hearing.
Source
Laws 1986, LB 491, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,109 - Violations of act; action to enjoin.

81-15,109.
Violations of act; action to enjoin.
Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the Low-Level Radioactive Waste Disposal Act or any rule, regulation, or order issued pursuant to the act, the Attorney General or county attorney may apply to the district court for an order enjoining such acts or practices or for an order directing compliance. Upon a showing by the department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
Source
Laws 1986, LB 491, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,110 - Disposal of low-level radioactive waste; license required.

81-15,110.
Disposal of low-level radioactive waste; license required.
It shall be unlawful for any person to dispose of low-level radioactive waste unless licensed by the department pursuant to the Low-Level Radioactive Waste Disposal Act.
Source
Laws 1986, LB 491, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,111 - Violation; criminal penalty.

81-15,111.
Violation; criminal penalty.
Any person who violates the Low-Level Radioactive Waste Disposal Act or rules, regulations, or orders issued pursuant to the act shall upon conviction be guilty of a Class IV felony.
Source
Laws 1986, LB 491, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,112 - Violation; civil penalty; procedure; appeal.

81-15,112.
Violation; civil penalty; procedure; appeal.
(1) Any person who (a) violates any licensing provision of the Low-Level Radioactive Waste Disposal Act, any rule, regulation, or order issued pursuant to the act, or any term, condition, or limitation of any license issued pursuant to the act or (b) commits any violation for which a license may be revoked under rules or regulations issued pursuant to the act may be subject to a civil penalty, to be imposed by the department, not to exceed ten thousand dollars. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The department shall have the power to compromise, mitigate, or remit such penalties.
(2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this section, the department shall notify such person in writing (a) setting forth the date, facts, and nature of each act or omission with which the person is charged, (b) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (c) specifying each penalty which the department proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the department to the last-known address of such person. The person so notified may request a hearing, in writing, within thirty days of receipt of such notice. A hearing, if granted, shall be held in accordance with the Administrative Procedure Act. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such penalty, and the appeal shall be in accordance with the Administrative Procedure Act. On the request of the department, the Attorney General or county attorney may institute a civil action to collect a penalty imposed pursuant to this section.
Source
Laws 1986, LB 491, § 35;
Laws 1988, LB 352, § 177.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,112.01 - Strict liability in tort; when.

81-15,112.01.
Strict liability in tort; when.
Any person engaged in the disposal of low-level radioactive waste shall be subject to strict liability in tort for property damage, bodily injury, or death resulting from such disposal.
Source
Laws 1988, LB 1092, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,113 - Contribution to Central Interstate Low-Level Radioactive Waste Compact Commission's budget; how paid.

81-15,113.
Contribution to Central Interstate Low-Level Radioactive Waste Compact Commission's budget; how paid.
The state's annual contribution to the Central Interstate Low-Level Radioactive Waste Compact Commission's budget shall be paid by generators of low-level radioactive waste in this state which dispose of such waste in low-level radioactive waste disposal facilities through fees assessed by the department pursuant to section 81-15,104. Fees may be reasonably assessed on the basis of volume of the waste shipped and shall be deposited in the Low-Level Radioactive Waste Cash Fund. Such fees shall be due the first of July beginning in 1986 and shall continue until surcharges are collected pursuant to Article IV, section (h)(2), of the compact. There shall be no General Fund appropriation for the construction, maintenance, or long-term monitoring and care of a facility.
Source
Laws 1986, LB 491, § 36;
Laws 1987, LB 426, § 18.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,113.02 - Generator; failure to fulfill responsibilities; effect.

81-15,113.02.
Generator; failure to fulfill responsibilities; effect.
If a generator of low-level radioactive waste fails to fulfill its financial or regulatory responsibilities under either the Central Interstate Low-Level Radioactive Waste Compact or the Low-Level Radioactive Waste Disposal Act, the wastes generated by that generator shall not be received for disposal at the facility until the obligations are fulfilled.
Source
Laws 1989, LB 761, § 15.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,114 - Violation of Central Interstate Low-Level Radioactive Waste Compact; civil penalty.

81-15,114.
Violation of Central Interstate Low-Level Radioactive Waste Compact; civil penalty.
Any person who violates any provision of the Central Interstate Low-Level Radioactive Waste Compact shall be subject to a civil penalty of not more than ten thousand dollars per day of violation.
Source
Laws 1986, LB 491, § 37.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,115 - Violation of Central Interstate Low-Level Radioactive Waste Compact; action to enjoin; performance compelled.

81-15,115.
Violation of Central Interstate Low-Level Radioactive Waste Compact; action to enjoin; performance compelled.
Any person violating the provisions of the Central Interstate Low-Level Radioactive Waste Compact may be enjoined from continuing such violation. An action may also be brought to compel performance of an obligation created by the compact. The court may require any person who is adjudged responsible to do and perform any and all things within his or her power which are reasonably necessary to fulfill the obligation.
Source
Laws 1986, LB 491, § 38.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,116 - Violation of Central Interstate Low-Level Radioactive Waste Compact; Attorney General; duties.

81-15,116.
Violation of Central Interstate Low-Level Radioactive Waste Compact; Attorney General; duties.
Any action for a violation of the Central Interstate Low-Level Radioactive Waste Compact or an action to enjoin a violation or to compel performance under the compact shall be brought by the Attorney General in the name of the state.
Source
Laws 1986, LB 491, § 39.
Cross References
Central Interstate Low-Level Radioactive Waste Compact, see section 71-3522.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,117 - Act, how cited.

81-15,117.
Act, how cited.
Sections 81-15,117 to 81-15,127 shall be known and may be cited as the Petroleum Products and Hazardous Substances Storage and Handling Act.
Source
Laws 1986, LB 217, § 1;
Laws 1989, LB 289, § 31;
Laws 1991, LB 409, § 20;
Laws 1996, LB 1226, § 14;
Laws 1998, LB 1161, § 39;
Laws 2001, LB 461, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,118 - Legislative findings.

81-15,118.
Legislative findings.
The Legislature finds that the number of leaking underground storage tanks throughout the state is increasing and that there exists a serious threat to the health and safety of citizens because substances contained in leaking storage tanks are often potential ground water contaminants and major fire and explosive hazards.
For the reasons stated in this section, the Legislature deems it necessary to provide a program of storage tank registration and inspection as a preventative measure and a comprehensive leak cleanup program as a responsive measure. Primary responsibility for the Petroleum Products and Hazardous Substances Storage and Handling Act shall be with the Department of Environment and Energy. However, preventative measures described in such act shall also be carried out by the State Fire Marshal. The State Fire Marshal's actions shall be pursuant to an interagency agreement with the department.
Source
Laws 1986, LB 217, § 2;
Laws 1993, LB 3, § 57;
Laws 2019, LB302, § 116.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,120 - Farm or residential tank; heating oil storage tank; registration; when required; fee; Petroleum Products and Hazardous Substances Storage and Handling Fund; created; use; investment.

81-15,120.
Farm or residential tank; heating oil storage tank; registration; when required; fee; Petroleum Products and Hazardous Substances Storage and Handling Fund; created; use; investment.
Any farm or residential tank or tank used for storing heating oil as defined in subdivisions (10)(a) and (b) of section 81-15,119 shall be registered with the State Fire Marshal. The registration shall be accompanied by a one-time fee of five dollars and shall be valid until the State Fire Marshal is notified that a tank so registered has been permanently closed. Such registration shall specify the ownership of, location of, and substance stored in the tank to be registered. The State Fire Marshal shall remit the fee to the State Treasurer for credit to the Petroleum Products and Hazardous Substances Storage and Handling Fund which is hereby created as a cash fund. The fund shall also consist of any money appropriated to the fund by the state. The fund shall be administered by the Department of Environment and Energy to carry out the purposes of the Petroleum Products and Hazardous Substances Storage and Handling Act, including the provision of matching funds required by Public Law 99-499 for actions otherwise authorized by the act. Any money in such 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 1986, LB 217, § 4;
Laws 1989, LB 816, § 1;
Laws 1993, LB 3, § 58;
Laws 1994, LB 1066, § 119;
Laws 1996, LB 1226, § 16;
Laws 1998, LB 1161, § 41;
Laws 2001, LB 461, § 12;
Laws 2019, LB302, § 117.
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 › 81-15,121 - Tanks; permit; when required; fees; application; Underground Storage Tank Fund; created; investment.

81-15,121.
Tanks; permit; when required; fees; application; Underground Storage Tank Fund; created; investment.
(1) A person shall not (a) maintain or use any tank for the storage of regulated substances, (b) install any new tank, or (c) permanently close a tank without first securing a permit from the State Fire Marshal.
(2) A fee shall not be charged for a permit under subdivision (1)(a) or (c) of this section. The fee for a permit for installation shall be fifty dollars. The State Fire Marshal shall remit the fee to the State Treasurer for credit to the Underground Storage Tank Fund.
(3) All owners of operating tanks, except those provided for in subsection (4) of this section, shall annually register each tank. All registration permits shall expire on December 31 of the year for which the permit was issued. The registration fee shall be thirty dollars per tank. The State Fire Marshal shall remit the fee to the State Treasurer for credit to the Underground Storage Tank Fund. Such permits shall contain the information specified in subsection (5) of this section.
(4) In the case of tanks permanently abandoned on or after January 1, 1974, an annual permit shall not be required and an initial registration permit shall be sufficient.
(5) The application for a registration permit shall be provided by and filed with the State Fire Marshal's office and shall require, but not be limited to, the following information:
(a) The date the tank was placed in or taken out of operation;
(b) The age of the tank;
(c) The size, type, and location of the tank; and
(d) The type of substances stored in the tank and the quantity of such substances remaining in the tank if the tank has been permanently closed.
(6) The registration permit fee collected pursuant to this section shall be deposited in the Underground Storage Tank Fund which is hereby created as a cash fund. The fund shall also consist of any money appropriated to the fund by the state. The fund shall be administered by the State Fire Marshal to carry out the purposes of the Petroleum Products and Hazardous Substances Storage and Handling Act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Underground Storage Tank 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 1986, LB 217, § 5;
Laws 1987, LB 365, § 2;
Laws 1989, LB 816, § 2;
Laws 1994, LB 1066, § 120;
Laws 1998, LB 1161, § 42;
Laws 2009, First Spec. Sess., LB3, § 77.
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 › 81-15,122 - Denial of permit; procedures; appeal.

81-15,122.
Denial of permit; procedures; appeal.
Before the State Fire Marshal denies an application for a permit, the affected person shall be given notice and opportunity for a hearing under procedures established by the State Fire Marshal. Upon receipt of the notification, any person aggrieved by the denial or revocation of a permit may request a hearing within ten days or the decision of the State Fire Marshal shall become final. When the State Fire Marshal has reason to believe that a permitholder's activities create an immediate threat to public safety, a permit may be suspended until the hearing process is complete. Any person aggrieved by a final decision of the State Fire Marshal may appeal such action, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1986, LB 217, § 6;
Laws 1988, LB 352, § 178.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124 - Release of regulated substance; Department of Environment and Energy; State Fire Marshal; powers and duties; remedial action plan.

81-15,124.
Release of regulated substance; Department of Environment and Energy; State Fire Marshal; powers and duties; remedial action plan.
Any reported or suspected release of a regulated substance from any tank shall be investigated consistent with principles of risk-based corrective action by the State Fire Marshal and the Department of Environment and Energy. In the event that the State Fire Marshal or the department finds an adverse effect caused by a release of a regulated substance from a tank:
(1) The State Fire Marshal shall (a) determine the immediate danger presented by the release, (b) take all steps necessary to assure immediate public safety, and (c) assist the department in determining the source of the release and taking all steps necessary to ensure that the release is halted;
(2) By order of the department, the owner or operator of the tank causing the release shall, after securing the source of the release, develop a plan for remedial action to be approved by the department. The department shall inform the owner or operator of its approval or disapproval of a plan for remedial action within one hundred twenty days after receipt of a remedial action plan which contains all required information. If after one hundred twenty days the department fails to either deny, approve, or amend the remedial action plan submitted, the proposed plan shall be deemed approved; and
(3) The approved remedial action plan shall then be carried out by the owner or operator of the tank causing the release. All expenses incurred during the remedial action shall be paid by the owner or operator subject to reimbursement pursuant to the Petroleum Release Remedial Action Act.
If it is determined that the source of the release is unknown or that the owner or operator of the facility causing the release is unknown or unavailable, a remedial action plan shall be developed by or under the direction of the department. Such remedial action plan shall be developed and carried out by the department with money from the Petroleum Products and Hazardous Substances Storage and Handling Fund if funds are available. If at a later date the owner or operator of the facility which caused the release is determined, he or she shall be responsible for remedial action costs incurred on his or her behalf subject to reimbursement pursuant to the Petroleum Release Remedial Action Act. Any money received from such person shall be deposited in the Petroleum Products and Hazardous Substances Storage and Handling Fund.
Source
Laws 1986, LB 217, § 8;
Laws 1989, LB 289, § 33;
Laws 1993, LB 3, § 60;
Laws 1993, LB 237, § 5;
Laws 1998, LB 1161, § 43;
Laws 2019, LB302, § 119.
Cross References
Petroleum Release Remedial Action Act, see section 66-1501.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.01 - Environmental Quality Council; rules and regulations.

81-15,124.01.
Environmental Quality Council; rules and regulations.
(1) The Environmental Quality Council shall adopt and promulgate rules and regulations consistent with principles of risk-based corrective action governing all phases of remedial action to be taken by owners, operators, and other persons in response to a release or suspected release of a regulated substance from a tank. Such rules and regulations shall include:
(a) Provisions governing remedial action to be taken by owners and operators pursuant to section 81-15,124;
(b) Provisions by which the Department of Environment and Energy may determine the cleanup levels to be achieved through soil or water remediation and the applicable limitations for air emissions at the petroleum release site or occurring by reason of such remediation; and
(c) Such other provisions necessary to carry out the Petroleum Products and Hazardous Substances Storage and Handling Act.
(2) In developing rules and regulations, the Environmental Quality Council shall take into account risk-based corrective action assessment principles which identify the risks presented to the public health and safety or the environment by each release in a manner that will protect the public health and safety and the environment using, to the extent appropriate, a tiered approach consistent with the American Society for Testing of Materials guidance for risk-based corrective action applicable to petroleum release sites.
Source
Laws 1989, LB 289, § 34;
Laws 1993, LB 3, § 61;
Laws 1996, LB 1226, § 18;
Laws 1998, LB 1161, § 44;
Laws 2009, LB154, § 19;
Laws 2019, LB302, § 120.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,124.02 - Access to property.

81-15,124.02.
Access to property.
If necessary in the course of an investigation or inspection or during the remedial action and if the owner of property or the owner's agent has specifically denied the Department of Environment and Energy access to the property for such purposes, the department may order the owner or owner's agent to grant access to property for the performance of reasonable steps, including drilling, to determine the source and extent of contamination or for remediation. Access shall be by the department or by a person conducting an investigation, inspection, or remedial action at the direction of the department. All actions taken on the property shall be performed in the least obtrusive manner possible to allow the investigation, inspection, or remedial action to proceed. Upon completion of any such actions, the property shall be restored as nearly as possible to its original condition.
Source
Laws 1991, LB 409, § 21;
Laws 1993, LB 3, § 62;
Laws 2019, LB302, § 121.