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Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 158 - NEBRASKA STATE FIRE MARSHAL › Chapter 3 › Appendix I - HAZARDOUS SUBSTANCES

Current through June 17, 2024
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Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 1 - SCOPE AND DEFINITIONS › Section 159-1-001 - APPLICABILITY

Current through June 17, 2024
The requirements of 40 CFR 280.10 as it existed on
	 July 15, 2015 are adopted and incorporated by reference. These regulations are
	 issued pursuant to the Nebraska Petroleum Products and Hazardous Substances
	 Storage and Handling Act (Rev. Neb. Stat. §
									81-15, 117127), and are subject to
	 enforcement, penalties and fines as set forth therein.
Copies of the federal regulations are on file at the office of the
	 Nebraska State Fire Marshal, 246 South 14th Street, Lincoln, NE or at the
	 office of the Secretary of State, Division of Rules and Regulations in the
	 Nebraska State Capitol also the following link:
https://www.ecfr.gov
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 3 - CONTRACTOR LICENSING AND CERTIFICATION › Section 159-3-001 - INSTALLER/CLOSER LICENSE

Current through June 17, 2024
No person, association, partnership or corporation will contract for
	 the installation or permanent closure of an UST system without first obtaining
	 a license from the State Fire Marshal.
001.01 Every underground storage tank
  installation/closure contractor will employ at least one person certified by
  the State Fire Marshal as a tank installer/closer. A certified person will
  personally supervise all tank installations and closures.
001.02 Every underground storage tank
  installation/closure contractor will maintain a minimum of $500,000 of general
  liability insurance which includes coverage relating to the closure and/or
  installation of underground storage tanks.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 3 - CONTRACTOR LICENSING AND CERTIFICATION › Section 159-3-002 - INSTALLER/CLOSER CERTIFICATION

Current through June 17, 2024
No person will install or close or supervise the installation or
	 closure of an underground storage tank without prior certification by the State
	 Fire Marshal as to the qualifications of such persons to install or close
	 tanks.
002.01 Qualification for
  certification will be proved by successful completion of a written examination
  which measures the applicant's technical knowledge and familiarity with state
  regulations.
002.02 Certification
  will be renewed, and the certification examination will be successfully
  completed every 3 years from date of certification.
002.03 The tank installer and tank closer
  certification tests will be given monthly at different locations throughout the
  State. An applicant who has properly applied for an examination may take the
  examination unsuccessfully a maximum of 2 times. After two unsuccessful
  attempts, a person must wait a minimum of 6 months before re-applying for
  certification.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 3 - CONTRACTOR LICENSING AND CERTIFICATION › Section 159-3-003 - CATHODIC PROTECTION TESTER CERTIFICATION AND NOTIFICATION

Current through June 17, 2024
003.01 All persons who conduct cathodic
  protection testing on underground storage tank systems will be certified in a
  manner acceptable to the State Fire Marshal and will be able to provide proof
  that the minimum requirements in the definition of a cathodic protection tester
  of Chapter 1 003. have been met.
003.01A.
  Qualification for certification will be proven by successful completion of an
  examination which measures the applicant's technical knowledge.
003.01B. In addition to the examination
  required in 003.01A, of this Chapter the applicant will successfully complete a
  written examination administered by the State Fire Marshal which measures the
  applicant's knowledge of state underground storage tank (UST)
  requirements.
003.01C. Proof of
  successful completion of the education requirement of 003.01 of this Chapter
  will be submitted to the State Fire Marshal prior to taking the examination
  required by 003.01B of this Chapter and prior to conducting any required
  cathodic protection testing on underground storage tanks and/or associated
  piping.
003.01D. Certification will
  be renewed, and the certification examination will be successfully completed at
  least every 3 years from date of last certification.
003.01E All certified testers will notify the
  State Fire Marshal Agency of all failed tests within 24 hours or the next
  business day.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 3 - CONTRACTOR LICENSING AND CERTIFICATION › Section 159-3-004 - DENIALS AND REVOCATIONS

Current through June 17, 2024
004.01 The State
  Fire Marshal may refuse to renew or may revoke or suspend a license or
  certificate for any of the following reasons:
004.01A. Gross incompetence or gross
  negligence in the installation or closure of an underground storage
  tank.
004.01B. Use of false
  evidence or misrepresentation in an application for a license or
  certificate.
004.01C. Knowingly
  violating the rule or regulations adopted and promulgated under Title 159,
  Nebraska Administrative Code.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 4 - DESIGN AND INSTALLATION STANDARDS FOR NEW UST SYSTEMS › Section 159-4-001 - DESIGN STANDARDS AND NEW TANK INSTALLATION

Current through June 17, 2024
The requirements of 40 CFR 280.20(a)-(d) and
	 (f) as they existed on July 15, 2015 are
	 adopted and incorporated by reference.
001.01 All underground storage tanks, or
  piping connected to any such tanks that are installed or replaced after
  September 19, 2007 will be secondarily contained and the interstice will be
  monitored for leaks. This provision will include the installation of tank sumps
  and under-dispenser containment sumps.
001.01A. Tank and piping secondary
  containment will be compatible with the substance stored in the tank
  system.
001.01B. Interstitial
  monitoring will be provided for all new tanks and piping installed after
  September 19, 2007.
001.01C.
  Secondary containment systems must be designed, constructed and installed to:
001.01C1. Contain regulated substances
  released from the tank system until they are detected and removed;
001.01C2. Prevent the release of regulated
  substances to the environment at any time during the operational life of the
  UST system; and
001.01C3. Be
  checked for evidence of a release at least every 30 days.
001.01D. Double-walled tanks must be
  designed, constructed, and installed to:
001.01D1. Contain a release from any portion
  of the inner tank within the outer wall; and
001.01D2. Detect the failure of the inner
  wall.
001.01E. External
  liners (including vaults) must be designed, constructed, and installed to:
001.01E1. Contain 100 percent of the capacity
  of the largest tank within its boundary;
001.01E2. Prevent the interference of
  precipitation or ground-water intrusion with the ability to contain or detect a
  release of regulated substances; and
001.01E3. Surround the tank completely (i.e.,
  it is capable of preventing lateral as well as vertical migration of regulated
  substances).
001.01F.
  Underground piping, including "safe suction" piping, must be equipped with
  secondary containment that satisfies the requirements of 001.01C above (e.g.,
  trench liners). In addition, underground piping that conveys regulated
  substances under pressure must be equipped with an automatic line leak detector
  in accordance with 004 of Chapter 7.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-001 - SPILL AND OVERFILL CONTROL

Current through June 17, 2024
The requirements of 40 CFR 280.30 as they existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-002 - OPERATION AND MAINTENANCE OF CATHODIC PROTECTION

Current through June 17, 2024
The requirements of 40 CFR 280.31 as they existed on
	 July 15, 2015 are adopted and incorporated by reference.
002.01A.
Frequency.
All cathodic
  protection systems must be tested within 6 months of installation; and
002.01A1. Impressed current cathodic
  protection systems will be tested annually thereafter; and
002.01A2. Galvanic or sacrificial anode
  cathodic protection systems will be tested at least every 3 years
  thereafter.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-003 - COMPATIBILITY

Current through June 17, 2024
The requirements of 40 CFR 280.32 as they existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-004 - REPAIRS ALLOWED

Current through June 17, 2024
The requirements of 40 CFR 280.33(a) - (e) and
	 (g) as they existed on July 15, 2015 are
	 adopted and incorporated by reference.
004.01 Repaired tanks, piping, overfill, and
  spill prevention equipment must be tested prior to placing system back into
  service, or 30 days following the date of completion of repair, whichever
  occurs first.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-005 - REPORTING AND RECORDKEEPING

Current through June 17, 2024
The requirements of 40 CFR 280.34 as they existed on
	 July 15, 2015 are adopted and incorporated by reference.
005.01
Record-keeping.
Owners
  and operators must maintain the following information;
005.01A. Inventory control or tank gauging
  records will be kept for 3 years;
005.01B. Documentation of UST system repairs
  will be kept for the operating life of the UST system;
005.01C. Results of compliance with release
  detection requirements will be kept for 3 years;
005.01D. Results of the site investigation
  conducted at permanent closure will be kept as a permanent record;
005.01E. Results of compliance with release
  prevention requirements in 40 CFR 280.35 and
  40 CFR 280.36 will be kept for 3
  years; and
005.01F. For spill
  prevention equipment and containment sumps used for interstitial monitoring of
  piping not tested every three years, documentation showing that the prevention
  equipment is double walled and the integrity of both walls is periodically
  monitored will be maintained for as long as the equipment is periodically
  monitored.
005.01G Results of
  compliance with release prevention requirements in 280.35 and 280.36 will be
  kept for 3 years.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-006 - PERIODIC TESTING OF SPILL PREVENTION EQUIPMENT AND CONTAINMENT SUMPS USED FOR INTERSTITIAL MONITORING OF PIPING AND PERIODIC INSPECTION OF OVERFILL PREVENTION EQUIPMENT

Current through June 17, 2024
The requirements of 40 CFR 280.35 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
006.01 If a ball float is to be abandoned in
  place, a drop tube shut off or audible alarm will be set at 85 percent tank
  capacity to prevent overfill.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 6 - GENERAL OPERATING REQUIREMENTS FOR EXISTING UST SYSTEMS › Section 159-6-007 - PERIODIC OPERATION AND MAINTENANCE WALKTHROUGH INSPECTIONS

Current through June 17, 2024
The requirements of 40 CFR 280.36 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 7 - RELEASE DETECTION REQUIREMENTS › Section 159-7-001 - GENERAL REQUIREMENTS FOR ALL UST SYSTEMS

Current through June 17, 2024
The requirements of 40 CFR 280.40 as it existed on
	 July 15, 2015 are adopted and incorporated and by reference.
001.01 UST systems larger than 1,100 gallons
  used to store heating oil are excluded for purposes of all release detection on
  tanks required in this chapter except that they must perform the manual tank
  gauging procedures in 40 CFR
  280.43(b) on a monthly basis
  from April 1 to November 1.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 7 - RELEASE DETECTION REQUIREMENTS › Section 159-7-002 - REQUIREMENTS FOR PETROLEUM UST SYSTEMS

Current through June 17, 2024
The requirements of 40 CFR 280.41 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 7 - RELEASE DETECTION REQUIREMENTS › Section 159-7-003 - REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS

Current through June 17, 2024
The requirements of 40 CFR 280.42 as it existed on
	 July 15, 2015, are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 7 - RELEASE DETECTION REQUIREMENTS › Section 159-7-004 - METHODS OF RELEASE DETECTION FOR TANKS

Current through June 17, 2024
The requirements of 40 CFR 280.43 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Owners and operators will conduct and record the daily product
	 inventory control requirements as described in
	 40 CFR
	 280.43(a)(1)-(a)(6) for all
	 new and existing UST systems.
[Exception: UST systems eligible for and utilizing manual tank gauging
	 in accordance with 40 CFR
	 280.43(b), do not need to
	 meet the daily inventory requirement.]
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 7 - RELEASE DETECTION REQUIREMENTS › Section 159-7-005 - METHODS OF RELEASE DETECTION FOR PIPING

Current through June 17, 2024
The requirements of 40 CFR 280.44 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 8 - REPORTING OF RELEASES AND SUSPECTED RELEASES › Section 159-8-001 - REPORTING OF RELEASES AND SUSPECTED RELEASES

Current through June 17, 2024
The requirements of 40 CFR 280.50 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 8 - REPORTING OF RELEASES AND SUSPECTED RELEASES › Section 159-8-002 - INVESTIGATION DUE TO OFF-SITE IMPACTS

Current through June 17, 2024
The requirements of 40 CFR 280.51 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 8 - REPORTING OF RELEASES AND SUSPECTED RELEASES › Section 159-8-003 - RELEASE INVESTIGATION AND CONFIRMATION STEPS

Current through June 17, 2024
The requirements of 40 CFR 280.52 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 8 - REPORTING OF RELEASES AND SUSPECTED RELEASES › Section 159-8-004 - REPORTING AND CLEANUP OF SPILLS AND OVERFILLS

Current through June 17, 2024
The requirements of 40 CFR 280.53 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 8 - REPORTING OF RELEASES AND SUSPECTED RELEASES › Section 159-8-005 - INITIAL RESPONSE

Current through June 17, 2024
The requirements of 40 CFR 280.61 as it existed and
	 July 15, 2015 are adopted and incorporated by reference.
Confirmed or suspected releases of regulated substances from any tank
	 must be reported to the State Fire Marshal and the Department of Environment
	 and Energy (NDEE) within 24 hours by the owner and operator of the tank. The
	 State Fire Marshal and the Department of Environment and Energy (NDEE) can be
	 contacted at their offices during normal working hours and at (402) 479-4921
	 after hours.
Other Nebraska State Regulations apply to release response and
	 corrective action for UST systems containing petroleum or hazardous substances.
	 These regulations include, but are not limited to the following:
Free product investigation, delineation, and recovery will be
	 addressed through the requirements of NDEE's Title 118, Appendix
	 B.
The site will be fully characterized through the requirements
	 of NDEE's Title 118, Appendix B, and NDEE's Title
	 126.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 9 - FINANCIAL RESPONSIBILITY › Section 159-9-001

Current through June 17, 2024
All owners and operators whose financial responsibility requirements
	 are not met by the Petroleum Release Remedial Action Cash Fund, (Rev. Neb.
	 Stat. §§
									66-1501 et seq. and 8115,124) will
	 comply with the federal regulations adopted herein.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-001 - OUT-OF-SERVICE TANKS

Current through June 17, 2024
The requirement of 40 CFR 280.70 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-002 - PERMANENT CLOSURE AND CHANGES-IN-SERVICE

Current through June 17, 2024
The requirement of 40 CFR 280.71 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-003 - ASSESSING THE SITE AT CLOSURE OR CHANGE-IN-SERVICE

Current through June 17, 2024
The requirement of 40 CFR 280.72 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.; and
003.01 If free product is present on the
  ground water at the time a tank is removed, sampling of the soil and ground
  water does not need to be conducted for the assessment report, provided the
  Department of Environment and Energy is notified and the owner and/or operator
  begins remedial action in accordance with Neb.Rev.Stat. §
									81-15, 123.
003.02
Analysis of samples.
Soil
  and ground water samples taken at time of closure will be analyzed by
  laboratory methods to detect and quantify the presence of the regulated
  substances that have been stored in the tank system.
003.02A. Samples will be collected,
  transported and analyzed using sample collection procedures, instrumentation,
  and test methodologies approved by the Department of Environment and Energy. At
  a minimum the following additional requirements must be met:
003.02A1. Test methodology procedures
  regarding proper handling and preservation of samples will be
  followed.
003.02A2. Proper chain of
  custody will be maintained for each sample.
003.02A3. Samples will be immediately sealed
  in their appropriate containers after collection.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-004 - REPORTING REQUIREMENTS

Current through June 17, 2024
004.01
  Certification of Compliance
004.01A. A
  certification of compliance with Title 159 regulations will be required for
  every closure or change in service.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-005 - APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS

Current through June 17, 2024
The requirements of 40 CFR 280.73 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 10 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE REQUIREMENTS › Section 159-10-006 - CLOSURE RECORDS

Current through June 17, 2024
The requirements of 40 CFR 280.74 as it existed on
	 July 15, 2015 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 11 - DELIVERY PROHIBITION AND DUTY OF PRODUCT DELIVERERS › Section 159-11-001 - UST SYSTEMS SUBJECT TO DELIVERY PROHIBITION

Current through June 17, 2024
001.01 Any UST system may be subject to
  delivery prohibition procedures when a facility is determined to be out of
  compliance with any of following provisions of Title 159:
001.01A. Tank registration requirements of
  Chapter 2;
001.01B. Leak detection
  requirements of Chapter 7;
001.01C.
  Spill prevention requirements of Chapter 5;
001.01D. Overfill requirements of Chapter
  5;
001.01E. Recordkeeping
  requirements of Chapters 5, 6, 7;
001.01F. Corrosion protection requirements of
  Chapter 4;or
001.01G. Failure to
  designate a Class A, Class B and Class C operators pursuant to Chapter 13;
  and
001.01H. Failure to maintain
  financial responsibility requirements of Chapter 9.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 11 - DELIVERY PROHIBITION AND DUTY OF PRODUCT DELIVERERS › Section 159-11-002 - NO DEPOSIT INTO INELIGIBLE UST SYSTEMS

Current through June 17, 2024
002.01 No
  owner or operator may deposit or accept the deposit of any regulated substance
  into an UST system that has been designated as ineligible for fuel deliveries
  by the application of a red tag.
002.02 No product deliverer or other person
  may deliver or deposit any regulated substance into an UST system that has been
  designated as ineligible for fuel deliveries by the application of a red
  tag.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 11 - DELIVERY PROHIBITION AND DUTY OF PRODUCT DELIVERERS › Section 159-11-003 - REMOVAL OF RED TAGS

Current through June 17, 2024
003.01 No person
  other than the State Fire Marshal will remove a red tag from an UST system
  without prior approval.
003.02 The
  State Fire Marshal will verify compliance within 2 business days of receiving a
  communication from the owner or operator that the corrections have been made.
  If the UST system is found to be eligible for delivery, the State Fire Marshal
  will remove the red tag. As soon as practicable, but no more than 3 business
  days after removal of the red tag, the facility will be removed from the State
  Fire Marshal website list of sites ineligible for delivery.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 11 - DELIVERY PROHIBITION AND DUTY OF PRODUCT DELIVERERS › Section 159-11-004 - DUTY OF PRODUCT DELIVERERS

Current through June 17, 2024
004.01 Any person
  who deposits regulated substances in an UST system will reasonably notify the
  owner or operator of such tank registration requirements pursuant to the
  Petroleum Products and Hazardous Substances Storage and Handling Act.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 12 - INSPECTIONS › Section 159-12-001 - SAFETY INSPECTIONS

Current through June 17, 2024
Periodic safety inspections will be conducted by State Fire Marshal
	 personnel. All tanks will be subject to at least one inspection
	 annually.
001.01 Inspections will
  include, but not be limited to, inspection of release detection records,
  release detection equipment, vent pipes and dispenser systems, corrosion
  protection records, and applicable fire safety codes.
001.02 Findings of irregularities or
  insufficient record or monitoring procedures may result in an order by the
  State Fire Marshal to correct all such problems. State Fire Marshal personnel
  will perform a follow-up inspection to ensure compliance with the order. At
  that time, all tanks found not in compliance may have their operating permits
  suspended or revoked until such time as the order is followed.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-001 - REQUIREMENT OF DESIGNATION AND TRAINING UST OPERATORS

Current through June 17, 2024
001.01 An owner or operator will designate
  Class A, Class B, and Class C operators for each underground storage tank
  system or facility that has underground storage tanks regulated by the State
  Fire Marshal, except for unstaffed facilities for which only Class A and B
  operators will be designated. A person may be designated for more than one
  Class of operator.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-002 - UST OPERATOR RESPONSIBILITIES

Current through June 17, 2024
002.01
Class
  A Operator.
Class A operators have the primary responsibility to operate
  and maintain the underground storage tank system and facility. The Class A
  operator's responsibilities include managing resources and personnel to achieve
  and maintain compliance with regulatory requirements
002.02
Class B Operator.
A Class
  B operator will implement applicable underground storage tank regulatory
  requirements and standards in the field or at the tank facility in accordance
  with this code. A Class B operator will oversee and implement the day-to-day
  aspects of operation, maintenance, and recordkeeping for the underground
  storage tank facility. Each facility's Class B operator will visit each
  facility at least once every week during normal business hours. The Class B
  operator will be immediately available for telephone consultation with the
  Class C operator when a facility is in operation. The Class B operator must be
  geographically located such that the person can be on site within 2 hours of
  being contacted by the public, the owner or operator of the facility, or the
  State Fire Marshal.
002.03
Class C Operator.
The Class C operator is an on-site employee who
  will be responsible for controlling and monitoring the dispensing or sale of
  regulated substances and is the first to respond to events indicating emergency
  conditions.
002.03A. The Class C operator will
  always be present at the facility during normal operating hours.
002.03B. The Class C operator will monitor
  product transfer operations to ensure that spills and overfills do not
  occur.
002.03C. The Class C
  operator will know how to properly respond to spills, overfills and alarms when
  they do occur.
002.03D. The Class C
  operator will have access to and provide records and documentation to the State
  Fire Marshal when a Class B operator is not at the facility.
002.03E. Within 6 months after the effective
  date of these rules, written basic operating instructions, emergency contact
  names and phone numbers, and basic procedures specific to the facility will be
  provided to all Class C operators and be readily available on site. There may
  be more than one Class C operator at a facility, but not all employees of a
  facility need be Class C operators.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-003 - UST OPERATOR TRAINING REQUIREMENTS

Current through June 17, 2024
003.01
Approval Standards.
Class A and Class B operators will attend a
  State Fire Marshal approved training course covering material designated for
  each operator class. In determining whether to approve any trainer or training,
  the State Fire Marshal will consider the following:
003.01A. Whether the trainer is a
  third-party, in-house, educational institution or other;
003.01B. Whether the trainer will offer
  training in multiple locations throughout the state, regionally or locally;
  and
003.01C. How often the trainer
  will offer training and whether the trainer will offer classes only to employee
  or in-house operators, or to the general public. Training options may include
  live training sessions in a classroom setting or at a storage tank system;
  internet or computer training program; or another training method approved by
  the State Fire Marshal.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-004 - EXAMINATION AND REVIEW REQUIREMENT

Current through June 17, 2024
004.01 Class A and
  B operators will complete a State Fire Marshal approved training course and
  take an exam to verify their understanding and knowledge. The examination may
  include both written and practical (hands-on) testing activities.
004.01A. The trainer will follow-up the exam
  with a review of missed test questions with the Class or individual to ensure
  understanding of problem areas in a manner approved by the State Fire
  Marshal.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-005 - RECIPROCITY

Current through June 17, 2024
005.01 No reciprocity will be granted and no
  training from any other state or territory will qualify an operator to meet the
  requirements of this chapter, unless written documentation is provided to the
  State Fire Marshal showing the training requirements of this Chapter were
  met.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-007 - RETRAINING

Current through June 17, 2024
007.01 Class A and Class B operators will be
  retrained every 5 years. Class C operators will be retrained every 3 years. All
  will be retrained in the same manner as the original training required in this
  Chapter.
007.02 In addition to the
  retraining requirement, if an UST system is found to be out of compliance, the
  State Fire Marshal may require retraining of the designated Class A, Class B or
  Class C operator under a plan approved by the State Fire Marshal. The
  retraining must occur within 30 days from the State Fire Marshal notice for
  Class A or Class B operators and within 15 days for Class C
  operators.
007.03 Retraining may be
  required whenever a facility is determined to be out of compliance with any of
  following provisions of Title 159:
007.03A.
  Tank registration requirements of Chapter 2;
007.03B. Leak detection requirements of
  Chapter 7;
007.03C. Spill
  prevention requirements of Chapter 6;
007.03D. Overfill requirements of Chapter
  6;
007.03E. Recordkeeping
  requirements of Chapters 5, 6, or 7; or
007.03F. Corrosion protection requirements of
  Chapter 4.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 13 - OPERATOR TRAINING › Section 159-13-008 - DOCUMENTATION OF OPERATOR TRAINING BY OWNERS

Current through June 17, 2024
The owner of an underground storage tank facility will maintain a list
	 of designated operators. The list will be made available to the State Fire
	 Marshal upon request. The list will represent the current Class A, Class B and
	 Class C operators for each underground storage tank facility
008.01 A copy of the certificates of training
  for Class A operators will be on file and readily available for inspection at
  each facility under their responsibility.
008.02 Class A and Class B operator contact
  information, including telephone numbers and any other emergency contact
  information, will be readily accessible to all staff and inspectors.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 159 - UNDERGROUND STORAGE TANKS › Chapter 14 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS

Current through June 17, 2024
The requirements of 40CFR 280.11 and
	 280.250 through
	 252 as it existed on July 15, 2015
	 are adopted and incorporated by reference.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 160 - STATE FIRE MARSHAL › Chapter 2 - CONVERSION FOR ALTERNATE USE › Section 160-2-001

Current through June 17, 2024
Prior to converting any tank or container with a water gallon capacity
	 of under three thousand (3,000) gallons, which is or has been used to contain
	 anhydrous ammonia for use to contain propane, the following steps must be
	 performed:
001.01 The tank shall be
  purged by either steam treatment or by flushing with hot water If flushing with
  hot water, the tank must be completely filled and drained three times If steam
  treatment is used, a tank shall be used only when successfully completing the
  following contamination test:
001.01A Allow a
  moderate vapor stream of the product to be tested to escape from the container
  A rotary, slip tube or fixed level gauge is a convenient vapor
  source.
001.01B Wet a piece of red
  litmus paper (available at drug stores) by pouring distilled water over it
  while holding it with clean tweezers Do not touch litmus paper with
  fingers.
001.01C Hold the wetted
  litmus paper in the vapor stream from the container for 30 seconds.
001.01D The appearance of any blue color on
  the litmus paper indicates that ammonia is present in the product and the test
  is not successful.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 160 - STATE FIRE MARSHAL › Chapter 2 - CONVERSION FOR ALTERNATE USE › Section 160-2-002

Current through June 17, 2024
All tanks or containers converted under these regulations shall be
	 handled in the following manner and shall conform to the following
	 requirements:
002.01 Such tanks or
  containers shall not be transported on public highways with more than 5% liquid
  in the tank.
002.02 When
  stationary, tanks shall be secured in a manner that insures that the tank will
  not roll.
002.03 All flammable and
  combustible materials (eg, weeds, rubbish, etc) shall be removed from around
  and under the tank.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 161 - STATE FIRE MARSHAL › Chapter 1 - ANNUAL REGISTRATION FEE › Section 161-1-001 - Statement of Purpose

Current through June 17, 2024
The purpose of this Chapter is to implement the provisions of Section
	 81-505.01
	 R.R.S. (1986 Supp.) dealing with fees for performance of
	 services.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 161 - STATE FIRE MARSHAL › Chapter 1 - ANNUAL REGISTRATION FEE › Section 161-1-002 - Annual Registration Permit

Current through June 17, 2024
Beginning January 1, 1988, owners of all grain elevator facilities and
	 feed mills shall annually secure a registration permit for each individual
	 facility. A branch operation shall be considered an individual facility for
	 purposes of these regulations. The permit shall expire on December 31 of the
	 year of issuance.
002.01 Applications
  for registration permits shall be provided by and filed with the State Fire
  Marshal's office, and fees shall be based on bushel capacity for grain
  elevators as follows:
002.01A Less than five
  hundred thousand (500,000) bushels, fifteen dollars ($1500).
002.01B Five hundred thousand (500,000) to
  one million, five hundred thousand (1,500,000), twenty-five dollars
  ($2500).
002.01C One minion, five
  hundred thousand (1500,000) to two million, five hundred thousand (2,500,000),
  thirty-five dollars ($3500).
002.01D Greater than two million, five
  hundred thousand (2,500,000), fifty dollars ($5000).
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 161 - STATE FIRE MARSHAL › Chapter 2 - INSPECTIONS › Section 161-2-001

Current through June 17, 2024
Periodic safety inspections shall be conducted by State Fire Marsha]
	 personnel, based on the safety requirements found In the NFPA 61A and 61B codes
	 adopted by the State Fire Marshal.
001.01 Inspections shall include, but not be
  limited to, the following: leg casings, head and boot sections, connecting
  spouts; power connections to motors, winches and conveyors; covering and
  lubrication of bearings; clutches and drive belts; dryers, air screens and
  exhaust systems; dust collection systems, drying areas and fuel supplies; motor
  grounding, augers, belt drives; extinguishers; no smoking prohibition; storage
  areas; feed grinding and processing machinery; head house sprinklering;
  electrical (for National Fire Protection Association code); general
  housekeeping.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 161 - STATE FIRE MARSHAL › Chapter 2 - INSPECTIONS › Section 161-2-002

Current through June 17, 2024
There shall be no charge for the initial inspection and one call-back
	 inspection. Should additional call-back inspections be needed to assure
	 compliance, there will be a $ 25.00 charge for each additional
	 inspection.
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 1 - Introduction › Section 162-1-001 - Statutory Authority

Current through June 17, 2024
The Foster Care Review Act (Neb. Rev. Stat. §
									43-1301
				  through
				  43-1318
				  ), L.B. 714 enacted by Nebraska's Eighty-Seventh Legislature, Second Session,
				  1982, established the Foster Care Review Board.
Revisions to the Foster Care Review Act by Nebraska's One
				  Hundred Second Legislature, Second Session, 2012, resulted in the Foster Care
				  Review Board becoming the Foster Care Review Office on July 1,
				  2012.
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 1 - Introduction › Section 162-1-002 - Purpose

Current through June 17, 2024
002.01 Mission
				Statement
The Foster Care Review Office's mission is to ensure the best
				  interests and safety needs of children in out-of-home care are being met
				  through maintaining a statewide independent tracking system; conducting
				  external citizen reviews; disseminating data, analysis, and recommendations to
				  the public, the child welfare system, and the Legislature; and monitoring youth
				  placements.
002.02 Vision
				Statement
The vision of the Foster Care Review Office is that every
				  child and youth in foster care live in a safe, permanent home, experience an
				  enduring relationship with one or more caring adults, and have every
				  opportunity to grow up to become a responsible and productive
				  adult.
002.03 Purpose of
				Tracking
The Foster Care Review Office is mandated to maintain an
				  independent tracking system of all children in out of-home placement in the
				  State. The tracking system is used to provide information about the number of
				  children entering and leaving care as well as other data regarding children's
				  needs and trends in foster care, including data collected as part of the review
				  process, and for internal processes.
002.04 Purpose of Review
The Foster Care Review Office was established as an
				  independent agency to review the case plans of children in foster care. The
				  purpose of the reviews is to assure that appropriate goals have been set for
				  the child, that realistic time limits have been set for the accomplishment of
				  these goals, that efforts are being made by all parties to achieve these goals,
				  that appropriate services are being delivered to the child and/or his or her
				  family, and that long-range planning has been done to ensure a timely and
				  appropriate permanency for the child, whether through return to a home where
				  the conditions have changed, adoption, guardianship, or another
				  plan.
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 1 - Introduction › Section 162-1-004 - Review of Cases

Current through June 17, 2024
Per statute, the designated local board shall review the case
				  of each child in foster care at least once every six months. Children's cases
				  are assigned to a local foster care review board using information received
				  from the Department of Health and Human Services, the Courts and private
				  agencies, and other information which is housed on the FCRO's independent
				  tracking system. Cases are prioritized for review as determined by the
				  Director.
Annotation:
See Neb. Rev. Stat. §
											43-1308(1)
					 (a);
					 43-1303(2).
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 1 - Introduction › Section 162-1-005 - Confidentiality

Current through June 17, 2024
All records and information regarding foster children, their
				  parents or relatives and their foster care situations in the possession of the
				  Office or local boards shall be deemed confidential. Unauthorized disclosure of
				  such confidential records and information or any violation of confidentiality
				  shall be a Class III Misdemeanor. Employees, Advisory Committee members, and
				  local board members are required to adequately protect confidential materials
				  from improper access and disclosure.
Newly hired staff, newly appointed Advisory Committee members
				  who do not have a form on file, and prospective local board members shall sign
				  an agreement regarding confidentiality. This agreement shall include, but not
				  be limited to:
A statement to the effect that confidentiality rules
					 apply equally to verbal, written, and electronic communication.
									Agreement to adequately secure and protect confidential
					 materials from unauthorized access while in their personal
					 possession.
									Agreement to return all confidential information in a
					 timely manner.
									Agreement to not disclose any information obtained from
					 participation in local board meetings, case meetings, court hearings, facility
					 visits, and/or any other duties performed on behalf of the FCRO, except as
					 required to fulfill assigned duties.
									Agreement not to use any information or data for
					 personal or monetary advantage.
Annotation:
See Neb. Rev. Stat. §
											43-1310.
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 1 - Introduction › Section 162-1-006 - Definitions

Current through June 17, 2024
006.01 Act
Act means the Foster Care Review Act, Sections
				  43-1301
				  to
				  43-1318, R.S.
				  Supp. 2012.
006.02 Office
Office means the Foster Care Review Office, as created in
				  Sections
				  43-1301
				  to
				  43-1318, R.S.
				  Supp. 2012 unless context indicates otherwise.
006.03 Family Unit
Family Unit means the social unit consisting of the foster
				  child and the parent or parents or any person in the relationship of a parent
				  with whom the child legally resided prior to his or her placement in foster
				  care.
006.04 Foster Child
Foster child means any child living in out-of-home care away
				  from the biological or adoptive family unit.
006.05 Foster Care Facility
Foster care facility means any foster home, group home, child
				  care facility, child care institution, public agency, private agency, or any
				  other person or entity receiving and caring for foster
				  children.
006.06 Foster Care
				Placements
Foster care placements means all placements of neglected,
				  dependent, delinquent, or children in need of special supervision (status
				  offenders), including those placements made directly by parents or by third
				  parties.
006.07 Person or
				Court in Charge of the Child
Person or court in charge of the child means:
1. The Department of Health and Human
				Services, an association, or individual that has been made the guardian of a
				neglected, dependent, status offender, or delinquent child by the court and has
				the responsibility of the care of the child, and has the authority by and with
				assent of the court to place such a child in a suitable family home or
				institution or has been entrusted with the care of the child by a voluntary
				placement made by a parent or legal guardian.
2. The Court which has jurisdiction over the
				child.
Nebraska Administrative Code › Topic - FOSTER CARE REVIEW OFFICE › Title 162 - Foster Care Review Office › Chapter 2 - Foster Care Review Office Organization and Procedures › Section 162-2-002 - Executive Director

Current through June 17, 2024
002.01 Duties
The Executive Director of the Office shall provide
				  information and reporting services, provide analysis of information obtained,
				  and oversee foster care file audit case reviews and tracking of cases of
				  children in the foster care system.
The Executive Director of the Office shall, through
				  information analysis and with the assistance of the Foster Care Advisory
				  Committee, (i) determine key issues of the foster care system and ways to
				  resolve the issues and to otherwise improve the system and (ii) make policy
				  recommendations.
The Executive Director of the Office shall hire, fire, and
				  supervise Office staff and shall be responsible for the duties of the Office as
				  provided by law, including the annual report and other reporting, review,
				  tracking, data collection and analysis, and oversight and training of local
				  boards.
The Executive Director may contract for services and goods as
				  necessary to facilitate the agency mission.