reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 4 - UNDERGROUND INJECTION › Section 267-4-003 - AUTHORIZATION FOR EXISTING ENHANCED RECOVERY INJECTION WELLS AND EXISTING DISPOSAL WELLS

Current through June 17, 2024
003.01 Each enhanced recovery injection well
				authorized under order of the Commission prior to the effective date of this
				rule is an existing enhanced recovery well. Injection is prohibited in any
				existing enhanced recovery well unless the operator has included that well on
				an injection well inventory submitted to the Commission within one (1) year
				following the effective date of this rule. The inventory of authorized existing
				injection wells shall include each well name and number, location, Commission
				order number, date of order, maximum authorized injection rate and maximum
				authorized injection pressure.
003.02 Each disposal well being operated
				under order of the Commission prior to the effective date of this rule is an
				existing disposal well. Injection is prohibited into any existing disposal well
				unless the operator has included that well on an injection well inventory
				submitted to the Commission within one (1) year following the effective date of
				this rule. The inventory of authorized existing disposal wells shall include
				each well name and number, location, Commission order number or other
				authorization, date of order or authorization, maximum authorized injection
				rate and maximum authorized injection pressure.
003.03 Each commercial facility well being
				operated under order of the Commission prior to the effective date of this rule
				is an existing commercial facility well. Commercial injection is prohibited
				within six (6) months following the effective date of this rule, unless the
				operator files with the Commission a list of that commercial well and the well
				or wells meets or exceeds the requirements set forth in this chapter.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 4 - UNDERGROUND INJECTION › Section 267-4-005 - NOTICE OF HEARING

Current through June 17, 2024
005.01 Upon filing of an application, the
				Commission shall issue notice thereof, as provided by the Act and these
				regulations. Said application shall be set for public hearing at such time and
				place as the Commission may fix.
005.02 In addition to the notice required by
				law, notice of the application and the time and place of hearing shall be given
				by the applicant by certified mail or by delivering a copy of the notice to
				each person owning a fee, leasehold, mineral or royalty interest within the
				secondary recovery project area or within one-half (1/2) mile of the injection
				well, whichever is the greater. For previously authorized units or projects,
				the operator(s) of record owning adjacent secondary recovery unit or project
				within one-half (1/2) mile of each new injection well shall be noticed. A copy
				of such notice shall be filed with the Commission, and the applicant shall
				certify that notice by certified mail or by delivery to each person has been
				accomplished at least fifteen (15) calendar days prior to the
				hearing.
005.03 In the event no
				person required to be notified, or the Commission itself files a written
				objection to the application within ten (10) days of the date of the notice,
				the application shall be granted; but if any person or the Commission itself
				files written objection within ten (10) calendar days of the notice, then a
				hearing shall be held.
005.04 No
				notice is necessary to any person who has consented to the proposed
				installation in writing.
005.05 An
				order authorizing an injection well will expire and become null and void if the
				authorized well or wells are not completed or converted to injection within one
				(1) year from the date of the order.
005.06 The Commission may conduct public
				information meetings and forums for public interaction on Class II commercial
				underground injection well permit applications under the jurisdiction of the
				Commission.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 4 - UNDERGROUND INJECTION › Section 267-4-007 - MONITORING AND REPORTING REQUIREMENTS FOR ENHANCED RECOVERY INJECTION AND DISPOSAL WELLS

Current through June 17, 2024
007.01 Immediately upon the commencement of
				injection operations, the operator shall notify the Commission of the date on
				which injection was commenced.
007.02 Within ten (10) days after the
				discontinuances of injection operations, the operator shall notify the
				Commission of the date of such discontinuance and the reasons
				therefore.
007.03 Except as may
				otherwise be required, the operator shall monitor injection pressure and
				injection rate of each injection well on a monthly basis and report the results
				on Form 11. Units or projects with more than one injection well may utilize
				manifold monitoring.
007.04
				Mechanical failures or downhole problems which indicate an enhanced recovery
				injection well or disposal well is not, or may not be, directing or containing
				the injected fluid into the permitted or authorized injection zone is cause to
				shut-in the well. If said condition may endanger fresh water sources, the
				operator shall orally notify the Director within twenty-four (24) hours.
				Written notice of the failure shall be submitted to the Director within five
				(5) days of the occurrence together with a plan for repairing and testing the
				well. Results of the repair and testing shall be reported to the Director and
				approved before further injection is commenced.
007.04A If a well poses a substantial risk to
				a protected aquifer, then repairs or plugging and abandonment shall be
				initiated within ninety (90) days of the failure date. However, under certain
				conditions, that date may be extended by the Director.
007.04B Wells which lack mechanical integrity
				but do not pose a substantial risk shall be repaired or plugged and abandoned
				within two hundred seventy (270) days of the failure date. However, if the
				operator has the ability to monitor the well, then the Director may allow the
				well to be shut-in.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 4 - UNDERGROUND INJECTION › Section 267-4-008 - DURATION OF UNDERGROUND INJECTION WELL ORDERS

Current through June 17, 2024
008.01 Orders authorizing injection into
				enhanced recovery injection wells and disposal wells shall remain valid for the
				life of the well, unless revoked by the Commission for cause.
008.02 An order granting underground
				injection may be modified, revoked and reissued, or terminated during its term
				for cause, after notice and hearing, upon the request of any interested person
				or at the Commission's initiative. All requests filed requesting review of any
				order authorizing underground injection shall be in writing and shall contain
				facts or reasons supporting such request.
008.03 Upon receipt of a request to modify or
				revoke an order authorizing underground injection, the Commission shall
				promptly set the matter for hearing and may revoke, modify and reissue said
				order if:
008.03A There is a substantial
				change of conditions in the enhanced recovery injection well or the disposal
				well operation, or there are substantial changes in the information originally
				furnished.
008.03B Information
				shows that the permitted operation will have adverse cumulative effects on the
				environment.
008.03C Information
				shows that the operation is not in accordance with the order authorizing the
				injection.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 4 - UNDERGROUND INJECTION › Section 267-4-009 - TRANSFER OF AUTHORITY TO INJECT

Current through June 17, 2024
An order authorizing an enhanced recovery injection well or
				  disposal well shall not be transferred from one operator to another without the
				  approval of the Director. Prior to transfer of ownership of any injection well
				  or change of operator, the new operator shall file written notice of such
				  change with the Commission on Form 4 showing the proposed date of transfer
				  along with proof of compliance with the bonding provisions of Rule
				  3-004.
009.01 The class II permits are considered
				expired once an applicant applies for a transition from Class II to Class VI
				injection wells. The operator must apply for and obtain a Class VI geologic
				sequestration permit.
Statute:
					 57-905;
					 57-910;
					 57-911
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 5 - UNIT OPERATIONS AND APPROVAL OF UNIT AGREEMENTS › Section 267-5-001 - APPLICATION FOR UNIT

Current through June 17, 2024
An application for an order for the unit operations of a
				  pool, pools, or parts thereof and for the pooling of the interests in the oil
				  and gas in the proposed unit area shall contain:
001.01 A plat outlining the area which will
				be affected by the proposed operation and showing all governmental quarter
				sections or lots equivalent thereto directly or diagonally offsetting said
				area. The names of the owner or operator of each separate tract of land shall
				be shown, and all wells, including dry, abandoned or drilling wells shall be
				properly located and designated on said plat. In the case of an operation
				conducted subject to a unit agreement, the area affected shall be the area
				subject to such agreement.
001.02
				The names and addresses of each owner as defined by the Act, or operator as
				shown by the Commission records, of lands within the area which will be
				affected by the operation and of lands directly or diagonally offsetting said
				area.
001.03 A full description of
				the particular operation for which approval is sought.
001.04 The names and addresses of the
				operator or operators of the project.
001.05 The formation or formations from which
				all wells are producing or have produced.
001.06 The name, depth and description of the
				reservoir, reservoirs, pool, pools or parts thereof to be so
				operated.
001.07 The names of all
				persons owning or having an interest in the oil and gas in the proposed unit
				area or the production therefrom, including mortgagees and the owners of other
				liens or encumbrances, as disclosed by the public records in the county in
				which the unit area is situated and their addresses, if known. If the name or
				address of any person is unknown, the application shall so indicate.
001.08 A proposed plan of unitization
				applicable to the proposed unit area which the petitioner considers fair,
				reasonable and equitable.
001.09 A
				proposed operating plan covering the manner in which the unit will be
				supervised and managed and costs allocated and paid, unless all owners within
				the unit area have already executed an operating agreement covering such
				supervision, management and allocation and payment of
				costs.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 5 - UNIT OPERATIONS AND APPROVAL OF UNIT AGREEMENTS › Section 267-5-002 - HEARING

Current through June 17, 2024
A hearing on an application filed under Chapter 4 and a
				  hearing on an application filed under this rule may be consolidated for the
				  purpose of hearing and taking testimony if a part of the testimony in one
				  matter is also material in the other. Separate orders may be entered on each
				  application.
Statute:
					 57-901;
					 57-905;
					 57-910;
					 57-911
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-001 - SCOPE AND APPLICATION OF RULES

Current through June 17, 2024
001.01 Scope of
				Rules
These rules shall be known and designated as "Rules of
				  Practice and Procedure before the Oil and Gas Conservation Commission of the
				  State of Nebraska," in all proceedings relating to the conservation of oil and
				  gas in the State of Nebraska and to the administration of the Act and all
				  proceedings relating to the geologic storage of carbon dioxide and to the
				  administration of the GS Act.
Laws 2021, LB650, $ 8.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-002 - WHO MAY INSTITUTE PROCEEDINGS

Current through June 17, 2024
002.01 Proceedings Instituted by Commission
				and Any Interested Person
The Commission, upon its own motion, or any interested
				  person, may institute proceedings upon any question relating to the
				  conservation of oil and/or gas or to the administration of the Nebraska Oil and
				  Gas Conservation Act.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-003 - PARTIES

Current through June 17, 2024
003.01 Petitioner
The Commission entering its order to show cause or entering
				  its order to initiate a proceeding, or a party other than the Commission
				  instituting a proceeding, shall be known as the Petitioner.
003.02 Respondent
Any party against whom a proceeding is instituted shall be
				  known as Respondent.
003.03
				Intervener
Any party not designated as a petitioner or respondent shall
				  be known as an Intervener.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-004 - INSTITUTION OF PROCEEDINGS

Current through June 17, 2024
004.01 Copies
All proceedings, except those initiated by the Commission on
				  its own motion, shall be instituted by filing six (6) copies of a typewritten
				  or printed application, petition or complaint. An additional copy shall be
				  filed for each party named as a respondent. One (1) copy of the application,
				  petition or complaint shall be mailed by the Secretary to each other party or
				  his attorney of record, if the address of such other party is known or can be
				  determined. One (1) copy shall be mailed to any other person requesting same in
				  writing.
004.02
				Promulgation, Amendment or Repeal of Rules
Any interested person requesting the promulgation, amendment
				  or repeal of any rule adopted by the Commission shall file an application or a
				  petition therefore, in number as set forth in Rule
				  6-004.01. The procedure for the
				  submission, consideration and disposition thereof shall be the same as in other
				  proceedings commenced by any interested person before the
				  Commission.
004.03 Filing
				and Docketing
When a proceeding is instituted, the Secretary of the
				  Commission shall assign it a number and enter the proceeding with the date of
				  its filing or the date of the entry of the Commission order instituting such
				  proceeding, on a separate page of a docket provided for such purpose. All
				  pleadings offered subsequent to the institution of a proceeding shall be noted
				  with the date of filing upon the docket page of said proceeding or a
				  continuation thereof.
004.04
				Additional Copies
The Secretary may at any time require the party filing, or
				  offering for filing, a pleading to furnish such additional copies of the same
				  as may be deemed necessary.
004.05 Execution
In any proceeding instituted on motion of the Commission, the
				  original application, complaint or order to show cause must be signed by at
				  least two (2) members of the Commission. Any other original application,
				  petition or complaint shall be signed by the person filing it, or his attorney,
				  with mailing address shown.
004.06 Representation by Attorneys
Any attorney duly authorized to practice law before the
				  courts of record of any other state shall, upon motion, be admitted to practice
				  before the Commission, provided it shall appear to the Commission that he has
				  associated and appearing with him in any proceeding before the Commission an
				  attorney who is a resident of Nebraska and regularly admitted to practice in
				  the State of Nebraska.
004.07 Cost of Hearing
A petition filed with the Commission for a public hearing
				  shall be accompanied by a filing fee of twelve hundred dollars ($1,
				  200.00).
Laws 2021, LB650, $ 8.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-005 - FORM OF PLEADINGS

Current through June 17, 2024
005.01 Application, Petition or Complaint
Each original pleading shall show the venue "Before the
				  Nebraska Oil and Gas Conservation Commission" and shall contain a heading
				  showing the names of the petitioner and the respondents, if any. Such pleadings
				  shall be drawn so as to fully and completely advise the Commission in plain
				  language of all of the pertinent facts involved and shall state concisely the
				  matters complained of and what relief or action is sought from the
				  Commission.
005.02 Answers,
				Protest, Notice of Protest
Any interested person may appear at the hearing and support,
				  protest or otherwise be heard concerning any such matter provided that any
				  person desiring to protest the granting of the petition shall, at least five
				  (5) days prior to the date of the hearing, file a written protest with the
				  Commission, which shall briefly state the basis of the protest. Any person who
				  files a protest with the Commission shall at the same time serve a copy thereof
				  on the person filing the petition. Such service shall be made by mailing a copy
				  of the protest, postage prepaid, to the petitioner.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-007 - HEARINGS

Current through June 17, 2024
007.01 Examiners
The Commission may appoint one or more examiners who may
				  conduct any of its hearings in accordance with Section
				  57-905(12).
				  All hearings may be set for hearing before an Examiner except:
007.01A Matters which the Commission or the
				Director believes should be heard before the Commission.
007.01B Matters in which the application or a
				motion pursuant to which the hearing is held specifically requests that the
				hearing be heard before the Commission; provided that such motion is filed at
				least five (5) days prior to the hearing.
007.01C Matters involving the adoption or
				change of any rule or regulation.
007.01D Matters initiated on the motion of
				the Commission for the enforcement of any rule, regulation, order or statutory
				provision.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 6 - PRACTICE AND PROCEDURE BEFORE THE COMMISSION › Section 267-6-008 - ORDERS AND DECISIONS

Current through June 17, 2024
008.01 Time of Entry; Contents
The Commission or its examiners shall enter its order within
				  thirty (30) days after the hearing and cause the same to be indexed in books to
				  be kept for that purpose. Every decision and order adverse to a party to the
				  proceeding, rendered by the Commission or its examiners in a contested case,
				  shall be in writing and accompanied by findings of fact and conclusions of law.
				  The findings of fact shall consist of a concise statement of the conclusions
				  upon each contested issue of fact. Parties to the proceeding shall be notified
				  of the decision and order in person or by mail. A copy of the decision and
				  order and accompanying findings and conclusions shall be delivered or mailed
				  upon request to each party or his attorney of record.
008.02 Any person having an interest in
				property affected by an order issued by an examiner and who is dissatisfied
				with such order may appeal to the Commission by filing a petition on appeal to
				the Commission within fifteen (15) days of the entering of the examiner's
				order. The Commission shall hold a hearing on the appeal within forty-five (45)
				days of the filing of an appeal to the Commission and issue its order within
				fifteen (15) days after the hearing.
008.03 Quantum of Proof Required
No decision shall be rendered, sanction imposed or rule or
				  order issued except on consideration of the whole record or such portions
				  thereof as may be cited by any party and is supported by and in accordance with
				  a preponderance of the reliable probative and substantial
				  evidence.
008.04 Proceedings
				for Re-Hearing
No applications or proceedings for re-hearing before the
				  Commission shall be filed except in accordance with Section
				  57-905(12).
008.05 Briefs
The Commission or its examiners may require the submission of
				  briefs, and any party desiring to submit a brief may do so. The parties shall
				  indicate at the close of the testimony whether they desire to file briefs and
				  the subject matter proposed to be covered. The time for filing briefs will be
				  fixed by the Commission or its examiners. Briefs shall be double spaced except
				  for citations. Five (5) copies shall be filed with the Commission and one (1)
				  copy served upon each party to the proceeding or his attorney of record
				  requesting the same.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-002 - STORAGE FACILITY PERMIT TRANSFER

Current through June 17, 2024
The storage operator and proposed transferee shall notify the
				  commission in writing of any proposed permit transfer. The notice must contain
				  the following:
a. The name and address
				of the person to whom the permit is to be transferred.
b. The name of the permit subject to transfer
				and location of the storage facility and a description of the land within the
				facility area.
c. The date that the
				storage operator desires the proposed transfer to occur.
d. A demonstration of financial
				assurance.
2. Commission review.
				The commission shall review the proposed transfer to ensure that the purposes
				are not compromised but are promoted. For good cause, the commission may deny a
				transfer request, delay acting on it, and place conditions on its
				approval.
3. Commission approval
				required. A permit transfer can occur only upon the commission's written
				order.
Laws 2021, LB650, $ 6
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-003 - ISSUANCE OF PERMITS

Current through June 17, 2024
(1) Before issuing
				a permit, the commission shall consult with the Department of Environment and
				Energy and the Underground Injection Control program permitting
				authority.
(2) If the storage
				reservoir contains commercially valuable minerals, a permit may be issued only
				if the commission is satisfied that the interests of the mineral owners or
				mineral lessees will not be adversely affected or have been addressed in an
				arrangement entered into by the mineral owners or mineral lessees and the
				storage operator;
(3) The
				commission may include in a permit or order all things necessary to carry out
				the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act and to
				protect and adjust the respective rights and obligations of persons affected by
				geologic storage.
(4) If a storage
				operator does not obtain the consent of all persons who own a reservoir estate
				within the storage reservoir, the commission may require that any reservoir
				estates owned by nonconsenting owners be included in a storage facility and
				subject to geologic storage.
(5)
				When the commission issues a permit, it shall also issue a certificate stating
				that the permit has been issued, describing the area covered, and containing
				other information the commission deems appropriate. The commission shall file a
				copy of the certificate with the register of deeds in the county or counties
				where the storage facility is located.
Laws 2021, LB650, $ 6
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-004 - MINOR MODIFICATIONS OF PERMITS

Current through June 17, 2024
Upon agreement between the storage operator and the
				  commission, the commission may modify a permit to make the corrections or
				  allowances without the storage operator filing an application to amend a
				  permit. Any permit modification not processed as a minor modification under
				  this section must be filed as an application to amend an existing permit in
				  compliance with Chapter 6. Minor modifications may include:
1. Correct typographical errors;
2. Require more frequent monitoring or
				reporting by the storage operator;
3. Change an interim compliance date in a
				schedule of compliance, provided the new date is not more than one hundred
				twenty days after the date specified in the existing permit and does not
				interfere with attainment of the final compliance date requirement;
4. Allow for a change in ownership or
				operational control of a facility where the commission determines that no other
				change in the storage facility permit is necessary, provided that a written
				agreement containing a specific date for transfer of permit responsibility,
				coverage, and liability between the current and new storage operator has been
				submitted to the commission.
5.
				Change quantities or types of fluids injected which are within the capacity of
				the facility as permitted and, in the judgment of the commission, would not
				interfere with the operation of the facility or its ability to meet conditions
				described in the permit;
6. Change
				well construction requirements approved by the commission, provided that any
				such alteration shall comply with the requirements of this chapter and no such
				changes are physically incorporated into construction of the well prior to
				approval of the modification by the commission; or
7. Amend a facility plan where the
				modifications clarify or correct the plan, as determined by the
				commission.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-005 - EMERGENCY AND REMEDIAL RESPONSE PLAN

Current through June 17, 2024
The storage operator shall implement the commission-approved
				  emergency and remedial response plan and the worker safety plan. This plan must
				  include emergency response and security procedures. An emergency and remedial
				  response plan approved as part of a Class VI permit issued under the applicable
				  underground injection control program shall be sufficient to satisfy the
				  emergency and remedial response plan requirements of this section. The plan,
				  including revision of the list of contractors and equipment vendors, must be
				  updated as necessary or as the commission requires. Copies of the plans must be
				  available at the storage facility and at the storage operator's nearest
				  operational office.
1. The emergency
				and remedial response plan requires a description of the actions the storage
				operator shall take to address movement of the injection or formation fluids
				that may endanger an underground source of drinking water during construction,
				operation, and post injection site care periods. The requirement to maintain
				and implement a commission-approved plan is directly enforceable regardless of
				whether the requirement is a condition of the permit. The plan must also
				detail:
a. The safety procedures concerning
				the facility and residential, commercial, and public land use within 1/2 mile,
				or any other distance set by the commission of the outside boundary of the
				facility area; and
b. Contingency
				plans for addressing carbon dioxide leaks from any well, flow lines, or other
				facility, and loss of containment from the storage reservoir, and identify
				specific contractors and equipment vendors capable of providing necessary
				services and equipment to respond to such leaks or loss of
				containment.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-006 - REPORTING REQUIREMENTS

Current through June 17, 2024
1. The storage
				operator shall file with the commission all reports, submittals, notifications,
				and any other information that the commission requires including reports
				submitted to the applicable underground injection control program.
2. The storage operator shall give notice to
				the commission as soon as possible of any planned physical alterations or
				additions to the permitted storage facility or any other planned changes in the
				permitted storage facility or activity which may result in noncompliance with
				permit requirements.
3. Reports of
				compliance or noncompliance with, or any progress reports on, interim and final
				requirements contained in any compliance schedule of this permit shall be
				submitted no later than thirty days following each schedule date.
4. The storage operator shall file with the
				commission semiannually, or more frequently if the commission requires, a
				report on the volume of carbon dioxide injected into or withdrawn since the
				last report, the average injection rate, average composition of the carbon
				dioxide stream, wellhead and down-hole temperature and pressure data or
				calculations, or other pertinent operational parameters as required by the
				commission.
6. The quarterly report
				is due thirty days after the end of the quarter. The report must:
a. Describe any changes to the physical,
				chemical, and other relevant characteristics of the carbon dioxide stream from
				the proposed operating data;
b.
				State the monthly average, maximum, and minimum values for injection pressure,
				flow rate and volume, and annular pressure;
c. Describe any event that exceeds operating
				parameters for annulus pressure or injection pressure specified in the
				permit;
d. Describe any event which
				triggers a shutoff device required and the response taken;
e. State the monthly volume and mass of the
				carbon dioxide stream injected over the reporting period and the volume
				injected cumulatively over the life of the project to date;
f. State the monthly annulus fluid volume
				added; and
g. State the results of
				monitoring
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-007 - STORAGE FACILITY FEES

Current through June 17, 2024
1. The storage
				operator shall pay the commission a fee of one cent on each ton of carbon
				dioxide injected for storage. The fee must be deposited in the carbon dioxide
				storage facility administrative fund.
2. The storage operator shall pay the
				commission a fee of seven cents on each ton of carbon dioxide injected for
				storage. The fee must be deposited in the carbon dioxide storage facility trust
				fund.
3. After notice and hearing,
				the commission may issue an order to adjust the fee amounts.
Laws 2021, LB650, $ 16, $ 17
Nebraska Capital Expansion Act, see section
					 72-1269.
Nebraska State Funds Investment Act, see section
					 72-1260
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-008 - GEOLOGICAL STORAGE FACILITY BOND REQUIREMENTS

Current through June 17, 2024
Prior to commencing injection operations, the operator of any
				  storage facility shall submit to the commission, and obtain its approval, a
				  surety bond or cash bond in the amount specified by the commission. An
				  alternative form of security may be approved by the commission. The operator of
				  the storage facility shall be the principal on the bond provided to cover the
				  storage facility. Each surety bond shall be executed by a responsible surety
				  company or cash bond provided by operator authorized to transact business in
				  Nebraska. The commission shall periodically review the bond amount and through
				  public notice and hearing may issue an order to adjust that
				  amount.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-009 - POSTINJECTION SITE CARE AND FACILITY CLOSURE

Current through June 17, 2024
The storage operator shall submit and maintain the post
				  injection site care and facility closure plan as a part of the storage facility
				  permit application to be approved by the commission. Obtaining a Class VI
				  permit from the applicable underground injection control program and complying
				  with the provisions of that permit shall satisfy all of the requirements of
				  this section for submitting and maintaining a post injection site care and
				  facility closure plan. The requirement to maintain and implement a
				  commission-approved plan is directly enforceable regardless of whether the
				  requirement is a condition of the permit.
1. The postinjection site care and facility
				closure plan must include the following information:
a. The pressure differential between pre
				injection and predicted post injection pressures in the injection
				zone;
b. The predicted position of
				the carbon dioxide plume and associated pressure front at cessation of
				injection as demonstrated in the area of review evaluation;
c. A description of post injection monitoring
				location, methods, and proposed frequency;
d. A schedule for submitting post injection
				site care monitoring results to the commission; and
e. The duration of the post injection site
				care monitoring timeframe that ensures non endangerment of underground sources
				of drinking water.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-010 - DETERMINING STORAGE AMOUNTS

Current through June 17, 2024
1. Upon application
				by a geologic storage project operator, the commission, after notice and
				hearing, shall issue an order determining the amount of injected carbon dioxide
				stored in a storage reservoir under a permit issued pursuant to Neb Rev Stat
				Section
				57-1601
				et seq.
2. The applicant shall pay
				a processing fee for a storage amount determination. The applicant shall pay a
				processing fee based on the commission's actual processing costs, including
				computer data processing costs, as determined by the commission. The following
				procedures and criteria will be utilized in establishing the fee:
a. A record of all application processing
				costs incurred must be maintained by the commission.
b. Promptly after receiving an application,
				the commission shall prepare and submit to the applicant an estimate of the
				processing fee.
c. After the
				commission's work on the application has concluded, a final statement will be
				sent to the applicant. The full processing fee must be paid before the
				commission issues its decision on the application.
d. The applicant must pay the processing fee
				even if the application is denied or withdrawn.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 7 - GEOLOGIC STORAGE OF CARBON DIOXIDE › Section 267-7-011 - STRATIGRAPHY TEST HOLES

Current through June 17, 2024
(This language references, TITLE 267 NEBRASKA OIL AND
				  GAS CONSERVATION COMMISSION)
All stratigraphic test holes must be drilled as per the rules
				  contained in Chapter 3, Sections 003, 004, 006, 007 and Section 012, General
				  Drilling Rules.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 1 - General › Section 270-1-001 - AUTHORITY

Current through June 17, 2024
These rules and Regulations are published in accordance with
				  the provisions of Sections
				  81-1848
				  through
				  81-1850,
				  Section
				  83-170,
				  Sections
				  83-188
				  through
				  83-199,
				  Sections
				  83-1,100
				  through
				  83-1,104,
				  Sections
				  83-1,107
				  through
				  83-1,125,
				  Sections
				  84-901
				  through
				  84-920,
				  and U.S. Supreme Court Decisions
Morrissey us. Brewer
(1972)
				  and
Greenholtzus. Inmates
(1979).
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 1 - General › Section 270-1-002 - APPLICABILITY

Current through June 17, 2024
These Rules and Regulations shall apply to all persons
				  committed to the adult facilities of the Department of Correctional Services.
				  These Rules and Regulations shall not be construed as limiting in any way the
				  power and authority of the Board of Parole to establish policies and procedures
				  for the administration of these rules or the Rules and Regulations of the
				  Department of Correctional Services.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 1 - General › Section 270-1-004 - AVAILABILITY

Current through June 17, 2024
These Rules and Regulations shall be available through the
				  legal libraries of each facility to all offenders committed to the adult
				  facilities of the Department of Correctional Services. The general public may
				  examine a copy in the office of the Board of Parole. Copies will be Furnished
				  upon request to any Criminal Justice agency, including Colleges and
				  Universities with Criminal Justice Departments, all law enforcement agencies,
				  all Department of Corrections and Parole Boards in other states, and to members
				  of the bar when the need can be identified and funds are available for printing
				  (most attorneys have access to State Statutes).
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 2 - Terms Defined › Section 270-2-003 - COMMITTED OFFENDER

Current through June 17, 2024
COMMITTED OFFENDER shall mean any person who, under any
				  provision of law, is sentenced or committed to a facility operated by the
				  Department of Correctional Services other than a person adjudged to be as
				  described in subdivision (1), (2), (3)(b), or (4) of section
				  43-247
				  by a juvenile court.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 2 - Terms Defined › Section 270-2-010 - PARDON AUTHORITY

Current through June 17, 2024
PARDON AUTHORITY shall mean the power to remit fines and
				  forfeitures and to grant respites, reprieves, pardons, or
				  commutations.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-001

Current through June 17, 2024
There is hereby created the Board of Parole. For
				  administrative purposes only, the board shall be within the Board of Pardons.
				  Nothing in the Nebraska Treatment and Corrections Act shall be construed to
				  give the director or the Board of Pardons any authority, power, or
				  responsibility over the Board of Parole, its employees, or the exercise of its
				  functions under the provisions of the act. The employees of the Board of Parole
				  shall be covered by the State Personnel System.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-002

Current through June 17, 2024
The Board of Parole shall consist of five full-time members
				  to be appointed by the Governor.
002.01
				The members of the board shall be of good character and judicious
				temperament.
002.02 The members of
				the board shall have all the powers and duties of board members commencing on
				the date of appointment.
002.03 The
				appointments shall be subject to confirmation by the Legislature at its next
				regular session following the appointments.
002.04 At least one member shall be of an
				ethnic minority group.
002.05 At
				least one member shall be female.
002.06 At least one member shall have a
				professional background in corrections.
002.07 One of the five members of the board
				shall be designated as chairperson by the Governor. In addition to the
				chairperson's duties as prescribed in subsection (1) of section
				83-192,
				he or she shall supervise the administration and operation of the board and
				shall carry out the duties prescribed in subsection (2) of such
				section.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-003

Current through June 17, 2024
The members of the Board of Parole shall have terms of
				  office of six years and until their successors are appointed.
003.01 The successors shall be appointed in
				the same manner as provided for the members first appointed, and a vacancy
				occurring before the expiration of a term of office shall be similarly filled
				for the unexpired term.
003.02 A
				member of the board may be reappointed.
003.03 The members of the board may be
				removed only for disability, neglect of duty, or malfeasance in office by the
				Board of Pardons after a hearing. The Board of Pardons shall promptly file in
				the office of the Secretary of State a complete statement of the charges, its
				findings and disposition, and a complete record of the proceedings.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-004

Current through June 17, 2024
The members of the board shall devote full time to their
				  duties with such board and shall not engage in any other business or profession
				  or hold any other public office.
004.01
				No member shall, at the time of his or her appointment or during his or her
				tenure, serve as a representative of any political party or of any executive
				committee or governing body thereof or as an executive officer or employee of
				any political party, organization, association, or committee. A member shall
				resign from the board upon filing as a candidate for any elective public
				office.
004.02 Each member of the
				Board shall receive an annual salary to be fixed by the Governor. On and after
				July 1, 1993, such salaries shall be paid in equal monthly portions.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-006

Current through June 17, 2024
The chairperson of the board shall:
006.01 Supervise the administration and
				operation of the board.
006.02
				Serve in an advisory capacity to the director in administering parole services
				within any facility and in the community.
006.03 Interpret the parole program to the
				public with a view toward developing a broad base of public support.
006.04 Conduct research for the purpose of
				evaluating and improving the effectiveness of the parole system.
006.05 Recommend parole legislation to the
				Governor.
006.06 Adopt and
				promulgate rules and regulations for the administration and operation of the
				board.
006.07 Exercise all other
				powers and perform all other duties as necessary and proper in carrying out his
				or her responsibilities as chairperson.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-007

Current through June 17, 2024
The provisions of this section shall not prohibit a
				  committed offender from requesting that the board review his or her record,
				  except that the board shall not be required to review a committed offender's
				  record more than once a year.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-008

Current through June 17, 2024
The Board of Parole shall not have jurisdiction over persons
				  who are committed to the Department of Correctional Services after being found
				  neglected, dependent, delinquent or in need of special supervision in
				  accordance with the provisions of Chapter 43, article 2.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-009

Current through June 17, 2024
The Board of Parole shall, when requested by the Board of
				  Pardons, advise it concerning applications requesting the exercise of pardon
				  authority and shall make such investigation and collect such records as may
				  bear on such applications.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 3 - Agency Organization, Authority, and Responsibility › Section 270-3-010

Current through June 17, 2024
In the performance of its duties, the Board of Parole, or
				  any member thereof, shall have the power to issue subpoenas, to compel the
				  attendance of witnesses and the production of books, papers, and other
				  documents pertinent to the subject of an inquiry, and to administer oaths and
				  take the testimony of persons under oath. Subpoenas so issued may be served by
				  any sheriff, constable, police officer, parole officer, or peace officer in the
				  same manner as similar process in the district court. Any person who knowingly
				  testifies falsely, submits any false affidavit or deposition, fails to appear
				  when subpoenaed, or fails or refuses to produce such material pursuant to the
				  subpoena shall be subject to the same orders and penalties to which a person
				  before the district court is subject. Any district court of this state, upon
				  application by the board, may compel the attendance of such witnesses, the
				  production of such material, and the giving of testimony before the board by an
				  attachment for contempt or otherwise in the same manner as production of
				  evidence may be compelled before such court. Every person shall attend as a
				  witness when subpoenaed anywhere within the state, and shall be entitled to the
				  same fees, if requested, as a witness in the district court and mileage as
				  provided in section
				  81-1176
				  for state employees. Fees, mileage, and actual expense, if any, necessarily
				  incurred in securing the attendance of witnesses shall be paid by the
				  board.