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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 761
Introduced by Brandt, 32.
Read first time January 07, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to the Department of Water, Energy, and1
Environment; to amend sections 13-2041, 54-2428, 81-1505, and2
81-1532, Reissue Revised Statutes of Nebraska, and section 46-606,3
Revised Statutes Supplement, 2025; to change the use of the4
Integrated Solid Waste Management Cash Fund and the Department of5
Water, Energy, and Environment Cash Fund; to provide for and change6
provisions related to fees related to water wells and hazardous7
waste management; to create a fund; to eliminate obsolete8
provisions; to harmonize provisions; and to repeal the original9
sections 10
Be it enacted by the people of the State of Nebraska,11
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Section 1. Section 13-2041, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
13-2041 There is hereby created the Integrated Solid Waste3
Management Cash Fund. All fees collected by the department pursuant to4
this section, fees collected pursuant to subdivision (13)(c) of section5
81-1505, or fees designated pursuant to section 13-2042 , or money6
forfeited under subsection (21) of section 81-1505 shall be remitted to7
the State Treasurer for credit to the fund. Forfeited funds may only be8
used for purposes specified in the underlying financial assurance9
instrument. Any money in the fund available for investment shall be10
invested by the state investment officer pursuant to the Nebraska Capital11
Expansion Act and the Nebraska State Funds Investment Act.12
The council shall adopt and promulgate rules and regulations13
establishing a fee schedule to be paid to the department by persons14
applying for a permit to operate a facility pursuant to the Integrated15
Solid Waste Management Act or the Environmental Protection Act. Payment16
shall be made in full to the department before the application is17
processed. 18
By October 1 of each year, any person holding a permit under the19
Integrated Solid Waste Management Act or to operate a solid waste20
management facility under the Environmental Protection Act shall pay an21
annual fee in an amount to be determined by the council. The annual fee22
shall be sufficient to cover the costs of ongoing permit considerations.23
The fees collected pursuant to this section shall not exceed the amount24
necessary to pay reasonable costs of administering the permit program25
pursuant to the Integrated Solid Waste Management Act or the26
Environmental Protection Act. 27
Fees collected pursuant to subdivision (13)(c) of section 81-150528
shall be used by the department to implement the rules and regulations29
adopted and promulgated pursuant to subsection (13) of section 81-1505.30
The State Treasurer shall transfer one million three hundred eighty-four31
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thousand four hundred eighty-four dollars from the Integrated Solid Waste1
Management Cash Fund to the Superfund Cost Share Cash Fund on or before2
June 1, 2006. 3
Sec. 2. Section 46-606, Revised Statutes Supplement, 2025, is4
amended to read: 5
46-606 (1) The department shall collect in advance a registration6
fee of two hundred forty dollars and the fee required by subsection (3)7
of section 46-1224 for each water well registered under section 46-6028
except as provided in subsections (2) through (5) of this section.9
(2) For water wells permitted pursuant to the Industrial Ground10
Water Regulatory Act, the department shall collect in advance a11
registration fee of two hundred forty dollars and the fee required by12
subsection (3) of section 46-1224 for each of the first ten such water13
wells registered under section 46-602, and for each group of ten or fewer14
such water wells registered thereafter, the department shall collect in15
advance a registration fee of two hundred forty dollars and the fee16
required by subsection (3) of section 46-1224. 17
(3) For a series of water wells completed for purposes of18
installation of a ground heat exchanger for a structure for utilizing the19
geothermal properties of the ground, the department shall collect in20
advance a fee of two hundred forty dollars for each such series and the21
fee required by subsection (3) of section 46-1224.22
(4) For water wells constructed as part of a single site plan for23
monitoring ground water, obtaining hydrogeologic information, or24
extracting contaminants from the ground, the department shall collect in25
advance a registration fee of two hundred forty dollars and the fee26
required by subsection (3) of section 46-1224 for each of the first five27
such water wells registered under section 46-602, and for each group of28
five or fewer such water wells registered thereafter, the department29
shall collect in advance a registration fee of two hundred forty dollars30
and the fee required by subsection (3) of section 46-1224. However, if31
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such water wells are a part of remedial action approved by the department1
pursuant to section 66-1525, 66-1529.02, or 81-15,124, the fee set2
pursuant to this subsection shall be collected as if only one water well3
was being registered and the fee required by subsection (3) of section4
46-1224 shall be collected. 5
(5)(a) For a series of two or more water wells completed and pumped6
into a common carrier as part of a single site plan for irrigation7
purposes, the department shall collect in advance a registration fee of8
two hundred forty dollars and the fee required by subsection (3) of9
section 46-1224 for each of the first two such wells registered under10
section 46-602. 11
(b) Any additional water wells which are part of a series registered12
under this subsection shall not be subject to a new well registration13
fee. 14
(6) The department shall remit the fees collected to the State15
Treasurer for credit to the appropriate fund. From the registration fees16
required by subsections (1) through (5) of this section, the State17
Treasurer shall credit to the Department of Water, Energy, and18
Environment Cash Fund the amount determined by the department to be19
necessary to pay for the costs of processing notices filed pursuant to20
section 46-230, the costs of water resources update notices required by21
section 76-2,124, and the direct and indirect costs to carry out sections22
46-602 and 46-1228 costs for making corrections to water well23
registration data authorized by subsections (6) and (7) of section 46-60224
and shall credit the remainder of the registration fees required by25
subsections (1) through (5) of this section to the Water Well26
Decommissioning Fund. The State Treasurer shall credit the fees required27
by subsection (3) of section 46-1224 to the Water Well Standards and28
Contractors' Licensing Fund. 29
Sec. 3. Section 54-2428, Reissue Revised Statutes of Nebraska, is30
amended to read: 31
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54-2428 (1) Any person required to obtain a National Pollutant1
Discharge Elimination System permit for an animal feeding operation or a2
construction and operating permit for a livestock waste control facility3
shall file an application with the department accompanied by the4
appropriate fees in the manner established by the department. The5
application fee shall be established by the council with a maximum fee of6
two hundred dollars. For major modifications to an application or a7
permit, the fee shall equal the amount of the application fee.8
(2) On or before March 1, 2006, and each year thereafter, each9
person who has a National Pollutant Discharge Elimination System permit10
or who has a large concentrated animal feeding operation, as defined in11
40 C.F.R. 122 and 123, as such regulations existed on January 1, 2004,12
and a state operating permit, a construction and operating permit, or a13
construction approval issued pursuant to the Environmental Protection Act14
or the Livestock Waste Management Act shall pay a per head annual fee15
based on the permitted capacity identified in the permit for that16
facility. The department shall invoice each permittee by February 1,17
2006, and February 1 of each year thereafter. 18
(3) The initial annual fee shall be: Beef cattle, ten cents per19
head; veal calves, ten cents per head; dairy cows, fifteen cents per20
head; swine larger than fifty-five pounds or larger, four dollars per one21
hundred head or fraction thereof; swine less than fifty-five fifty22
pounds, one dollar per one hundred head or fraction thereof; horses,23
twenty cents per head; sheep or lambs, one dollar per one hundred head or24
fraction thereof; turkeys, two dollars per one thousand head or fraction25
thereof; chickens or ducks with liquid manure facility, three dollars per26
one thousand head or fraction thereof; and chickens or ducks with other27
than liquid manure facility, one dollar per one thousand head or fraction28
thereof. This fee structure may be reviewed in fiscal year 2007-08.29
(4) The Beginning in fiscal year 2007-08, the department shall30
annually review and adjust the fee structure in this section and section31
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54-2423 to ensure that fees are adequate to meet forty twenty percent of1
the program costs from the previous fiscal year. All fees collected under2
this section and sections 54-2423, 54-2435, and 54-2436 shall be remitted3
to the State Treasurer for credit to the Livestock Waste Management Cash4
Fund which is created for the purposes described in the Livestock Waste5
Management Act. Transfers may be made from the fund to the General Fund6
at the direction of the Legislature. Any money in the Livestock Waste7
Management Cash Fund available for investment shall be invested by the8
state investment officer pursuant to the Nebraska Capital Expansion Act9
and the Nebraska State Funds Investment Act. 10
(5) On or before January 1 of each year, the department shall submit11
electronically a report to the Legislature in sufficient detail to12
document all direct and indirect costs incurred in the previous fiscal13
year in carrying out the Livestock Waste Management Act, including the14
number of inspections conducted, the number of animal feeding operations15
with livestock waste control facilities, the number of animal feeding16
operations inspected, the size of the livestock waste control facilities,17
the results of water quality monitoring programs, and other elements18
relating to carrying out the act. The Appropriations Committee of the19
Legislature shall review the report in its analysis of executive programs20
in order to verify that the revenue generated from fees was used solely21
to offset appropriate and reasonable costs associated with carrying out22
the act. 23
Sec. 4. Section 81-1505, Reissue Revised Statutes of Nebraska, is24
amended to read: 25
81-1505 (1) In order to carry out the purposes of the Environmental26
Protection Act, the Integrated Solid Waste Management Act, and the27
Livestock Waste Management Act, the council shall adopt and promulgate28
rules and regulations which shall set standards of air, water, and land29
quality to be applicable to the air, waters, and land of this state or30
portions thereof. Such standards of quality shall be such as to protect31
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the public health and welfare. The council shall classify air, water, and1
land contaminant sources according to levels and types of discharges,2
emissions, and other characteristics which relate to air, water, and land3
pollution and may require reporting for any such class or classes. Such4
classifications and standards made pursuant to this section may be made5
for application to the state as a whole or to any designated area of the6
state and shall be made with special reference to effects on health,7
economic and social factors, and physical effects on property. Such8
standards and classifications may be amended as determined necessary by9
the council. 10
(2) In adopting the classifications of waters and water quality11
standards, the primary purpose for such classifications and standards12
shall be to protect the public health and welfare and the council shall13
give consideration to: 14
(a) The size, depth, surface area, or underground area covered, the15
volume, direction, and rate of flow, stream gradient, and temperature of16
the water; 17
(b) The character of the area affected by such classification or18
standards, its peculiar suitability for particular purposes, conserving19
the value of the area, and encouraging the most appropriate use of lands20
within such area for domestic, agricultural, industrial, recreational,21
and aquatic life purposes; 22
(c) The uses which have been made, are being made, or are likely to23
be made, of such waters for agricultural, transportation, domestic, and24
industrial consumption, for fishing and aquatic culture, for the disposal25
of sewage, industrial waste, and other wastes, or other uses within this26
state and, at the discretion of the council, any such uses in another27
state on interstate waters flowing through or originating in this state;28
(d) The extent of present pollution or contamination of such waters29
which has already occurred or resulted from past discharges therein; and30
(e) Procedures pursuant to section 401 of the Clean Water Act, as31
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amended, 33 U.S.C. 1251 et seq., for certification by the department of1
activities requiring a federal license or permit which may result in a2
discharge. 3
(3) In adopting effluent limitations or prohibitions, the council4
shall give consideration to the type, class, or category of discharges5
and the quantities, rates, and concentrations of chemical, physical,6
biological, and other constituents which are discharged from point7
sources into navigable or other waters of the state, including schedules8
of compliance, best practicable control technology, and best available9
control technology. 10
(4) In adopting standards of performance, the council shall give11
consideration to the discharge of pollutants which reflect the greatest12
degree of effluent reduction which the council determines to be13
achievable through application of the best available demonstrated control14
technology, processes, operating methods, or other alternatives,15
including, when practicable, a standard permitting no discharge of16
pollutants. 17
(5) In adopting toxic pollutant standards and limitations, the18
council shall give consideration to the combinations of pollutants, the19
toxicity of the pollutant, its persistence, degradability, the usual or20
potential presence of the affected organisms in any waters, the21
importance of the affected organisms, and the nature and extent of the22
effect of the toxic pollutant on such organisms. 23
(6) In adopting pretreatment standards, the council shall give24
consideration to the prohibitions or limitations to noncompatible25
pollutants, prohibitions against the passage through a publicly owned26
treatment works of pollutants which would cause interference with or27
obstruction to the operation of publicly owned treatment works, damage to28
such works, and the prevention of the discharge of pollutants therefrom29
which are inadequately treated. 30
(7) In adopting treatment standards, the council shall give31
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consideration to providing for processes to which wastewater shall be1
subjected in a publicly owned wastewater treatment works in order to make2
such wastewater suitable for subsequent use. 3
(8) In adopting regulations pertaining to the disposal of domestic4
and industrial liquid wastes, the council shall give consideration to the5
minimum amount of biochemical oxygen demand, suspended solids, or6
equivalent in the case of industrial wastewaters, which must be removed7
from the wastewaters and the degree of disinfection necessary to meet8
water quality standards with respect to construction, installation,9
change of, alterations in, or additions to any wastewater treatment works10
or disposal systems, including issuance of permits and proper11
abandonment, and requirements necessary for proper operation and12
maintenance thereof. 13
(9)(a) The council shall adopt and promulgate rules and regulations14
for controlling mineral exploration holes and mineral production and15
injection wells. The rules and regulations shall include standards for16
the construction, operation, and abandonment of such holes and wells. The17
standards shall protect the public health and welfare and air, land,18
water, and subsurface resources so as to control, minimize, and eliminate19
hazards to humans, animals, and the environment. Consideration shall be20
given to: 21
(i) Area conditions such as suitability of location, geologic22
formations, topography, industry, agriculture, population density,23
wildlife, fish and other aquatic life, sites of archaeological and24
historical importance, mineral, land, and water resources, and the25
existing economic activities of the area including, but not limited to,26
agriculture, recreation, tourism, and industry; 27
(ii) A site-specific evaluation of the geologic and hydrologic28
suitability of the site and the injection, disposal, and production29
zones; 30
(iii) The quality of the existing ground water, the effects of31
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exemption of the aquifer from any existing water quality standards, and1
requirements for restoration of the aquifer; 2
(iv) Standards for design and use of production facilities, which3
shall include, but not be limited to, all wells, pumping equipment,4
surface structures, and associated land required for operation of5
injection or production wells; and 6
(v) Conditions required for closure, abandonment, or restoration of7
mineral exploration holes, injection and production wells, and production8
facilities in order to protect the public health and welfare and air,9
land, water, and subsurface resources. 10
(b) The council shall establish fees for regulated activities and11
facilities and for permits for such activities and facilities. The fees12
shall be sufficient but shall not exceed the amount necessary to pay the13
department for the direct and indirect costs of evaluating, processing,14
and monitoring during and after operation of regulated facilities or15
performance of regulated activities. 16
(c) With respect to mineral production wells, the council shall17
adopt and promulgate rules and regulations which require restoration of18
air, land, water, and subsurface resources and require mineral production19
well permit applications to include a restoration plan for the air, land,20
water, and subsurface resources affected. Such rules and regulations may21
provide for issuance of a research and development permit which22
authorizes construction and operation of a pilot plant by the permittee23
for the purpose of demonstrating the permittee's ability to inject and24
restore in a manner which meets the standards required by this subsection25
and the rules and regulations. 26
The rules and regulations adopted and promulgated may also provide27
for issuance of a commercial permit after a finding by the department28
that the injection and restoration procedures authorized by the research29
and development permit have been successful in demonstrating the30
applicant's ability to inject and restore in a manner which meets the31
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standards required by this subsection and the rules and regulations.1
(d) For the purpose of this subsection, unless the context otherwise2
requires, restoration shall mean the employment, during and after an3
activity, of procedures reasonably designed to control, minimize, and4
eliminate hazards to humans, animals, and the environment, to protect the5
public health and welfare and air, land, water, and subsurface resources,6
and to return each resource to a quality of use consistent with the uses7
for which the resource was suitable prior to the activity.8
(10) In adopting livestock waste control regulations, the council9
shall consider the discharge of livestock wastes into the waters of the10
state or onto land not owned by the livestock operator, conditions under11
which permits for such operations may be issued, including design,12
location, and proper management of such facilities, protection of ground13
water from such operations, and revocation, modification, or suspension14
of such permits for cause and all requirements of the Livestock Waste15
Management Act. 16
(11) In adopting regulations for the issuance of permits under the17
National Pollutant Discharge Elimination System created by the Clean18
Water Act, as amended, 33 U.S.C. 1251 et seq., the council shall consider19
when such permits shall be required and exemptions, application and20
filing requirements, terms and conditions affecting such permits, notice21
and public participation, duration and review of such permits, the22
evaluation provided for under section 81-1517, and monitoring, recording,23
and reporting under the system. 24
(12) The council shall adopt and promulgate rules and regulations25
for air pollution control which shall include: 26
(a) A construction permit program which requires the owner or27
operator of an air contaminant source to obtain a permit prior to28
construction. Application fees shall be according to section 81-1505.06;29
(b) An operating permit program consistent with requirements of the30
Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and an operating31
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permit program for minor sources of air pollution, which programs shall1
require permits for both new and existing sources; 2
(c) Provisions for operating permits to be issued after public3
notice, to be terminated, modified, or revoked for cause, and to be4
modified to incorporate new requirements; 5
(d) Provisions for applications to be on forms provided by the6
department and to contain information necessary to make a determination7
on the appropriateness of issuance or denial. The department shall make a8
completeness determination in a timely fashion and after such9
determination shall act on the application within time limits set by the10
council. Applications for operating permits shall include provisions for11
certification of compliance by the applicant; 12
(e) Requirements for operating permits which may include such13
conditions as necessary to protect public health and welfare, including,14
but not limited to (i) monitoring and reporting requirements on all15
sources subject to the permit, (ii) payment of annual fees sufficient to16
pay the reasonable direct and indirect costs of developing and17
administering the air quality permit program, (iii) retention of records,18
(iv) compliance with all air quality standards, (v) a permit term of no19
more than five years from date of issuance, (vi) any applicable schedule20
of compliance leading to compliance with air quality regulations, (vii)21
site access to the department for inspection of the facility and records,22
(viii) emission limits or control technology requirements, (ix) periodic23
compliance certification, and (x) other conditions necessary to carry out24
the purposes of the Environmental Protection Act. For purposes of this25
subsection, control technology shall mean a design, equipment, a work26
practice, an operational standard which may include a requirement for27
operator training or certification, or any combination thereof;28
(f) Classification of air quality control regions;29
(g) Standards for air quality that may be established based upon30
protection of public health and welfare, emission limitations established31
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by the United States Environmental Protection Agency, and maximum1
achievable control technology standards for sources of toxic air2
pollutants. For purposes of this subdivision, maximum achievable control3
technology standards shall mean an emission limit or control technology4
standard which requires the maximum degree of emission reduction that the5
council, taking into consideration the cost of achieving such emission6
reduction, any health and environmental impacts not related to air7
quality, and energy requirements, determines is achievable for new or8
existing sources in the category or subcategory to which the standard9
applies through application of measures, processes, methods, systems, or10
techniques, including, but not limited to, measures which accomplish one11
or a combination of the following: 12
(i) Reduce the volume of or eliminate emissions of the pollutants13
through process changes, substitution of materials, or other14
modifications; 15
(ii) Enclose systems or processes to eliminate emissions; or16
(iii) Collect, capture, or treat the pollutants when released from a17
process, stack, storage, or fugitive emission point;18
(h) Restrictions on open burning and fugitive emissions;19
(i) Provisions for issuance of general operating permits, after20
public notice, for sources with similar operating conditions and for21
revoking such general authority to specific permittees;22
(j) Provisions for implementation of any emissions trading programs23
as defined by the department. Such programs shall be consistent with the24
Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and administered25
through the operating permit program; 26
(k) A provision that operating permits will not be issued if the27
Environmental Protection Agency objects in a timely manner;28
(l) Provisions for periodic reporting of emissions;29
(m) Limitations on emissions from process operations, fuel-burning30
equipment, and incinerator emissions and such other restrictions on31
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emissions as are necessary to protect the public health and welfare;1
(n) Time schedules for compliance; 2
(o) Requirements for owner or operator testing and monitoring of3
emissions; 4
(p) Control technology requirements when it is not feasible to5
prescribe or enforce an emission standard; and 6
(q) Procedures and definitions necessary to carry out payment of the7
annual emission fee set in section 81-1505.04. 8
(13)(a) In adopting regulations for hazardous waste management, the9
council shall give consideration to generation of hazardous wastes,10
labeling practices, containers used, treatment, storage, collection,11
transportation including a manifest system, processing, resource12
recovery, and disposal of hazardous wastes. It shall consider the13
permitting, licensing, design and construction, and development and14
operational plans for hazardous waste treatment, storage, and disposal15
facilities, and conditions for licensing or permitting of hazardous waste16
treatment, storage, and disposal areas. It shall consider modification,17
suspension, or revocation of such licenses and permits, including18
requirements for waste analysis, site improvements, fire prevention,19
safety, security, restricted access, and covering and handling of20
hazardous liquids and materials. Licenses and permits for hazardous21
waste, treatment, storage, and disposal facilities shall not be issued22
until certification by the State Fire Marshal as to fire prevention and23
fire safety has been received by the department. The council shall24
further consider the need at treatment, storage, or disposal facilities25
for required equipment, communications and alarms, personnel training,26
and contingency plans for any emergencies that might arise and for a27
coordinator during such emergencies. 28
In addition the council shall give consideration to (i) ground water29
monitoring, (ii) use and management of containers and tanks, (iii)30
surface impoundments, (iv) waste piles, (v) land treatment, (vi)31
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incinerators, (vii) chemical or biological treatment, (viii) landfills1
including the surveying thereof, and (ix) special requirements for2
ignitable, reactive, or incompatible wastes. 3
In considering closure and postclosure of hazardous waste treatment,4
storage, or disposal facilities, the council shall consider regulations5
that would result in the owner or operator closing his or her facility so6
as to minimize the need for future maintenance, and to control, minimize,7
or eliminate, to the extent necessary to protect humans, animals, and the8
environment, postclosure escape of hazardous waste, hazardous waste9
constituents, and leachate to the ground water or surface waters, and to10
control, minimize, or eliminate, to the extent necessary to protect11
humans, animals, and the environment, waste decomposition to the12
atmosphere. In considering corrective action for hazardous waste13
treatment, storage, or disposal facilities, the council shall consider14
regulations that would require the owner or operator, or any previous15
owner or operator with actual knowledge of the presence of hazardous16
waste at the facility, to undertake corrective action or such other17
response measures necessary to protect human health or the environment18
for all releases of hazardous waste or hazardous constituents from any19
treatment, storage, or disposal facility or any solid waste management20
unit at such facility regardless of the time at which waste was placed in21
such unit. 22
Such regulations adopted pursuant to this subsection shall in all23
respects comply with the Environmental Protection Act and the Resource24
Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.25
(b) In adopting regulations for hazardous waste management, the26
council shall consider, in addition to criteria in subdivision (a) of27
this subsection, establishing criteria for (i) identifying hazardous28
waste including extraction procedures, toxicity, persistence, and29
degradability in nature, potential for accumulation in tissue,30
flammability or ignitability, corrosiveness, reactivity, and generation31
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of pressure through decomposition, heat, or other means, and other1
hazardous characteristics, (ii) listing all materials it deems hazardous2
and which should be subject to regulation, and (iii) locating treatment,3
storage, or disposal facilities for such wastes. In adopting criteria for4
flammability and ignitability of wastes pursuant to subdivision (b)(i) of5
this subsection, no regulation shall be adopted without the approval of6
the State Fire Marshal. 7
(c) In adopting regulations for hazardous waste management, the8
council shall establish a schedule of fees to be paid to the director by9
hazardous waste generators on the basis of an annual fee, the quantity of10
hazardous waste generated by weight or volume as reported by the11
generator to the national hazardous waste manifest system, or a12
combination thereof; and by licensees or permittees operating hazardous13
waste processing facilities or disposal areas on the basis of a monetary14
value per cubic foot or per pound of the hazardous wastes . The fee15
schedule shall be , sufficient but not exceeding the amount necessary for16
to reimburse the department to pay for the direct and indirect costs of17
the regulation of hazardous waste management for the costs of monitoring18
such facilities or areas during and after operation of such facilities or19
areas. The permittees licensees may assess a cost against persons using20
the facilities or areas. The director shall remit any money collected21
from fees paid to him or her to the State Treasurer who shall credit the22
entire amount thereof to the Integrated Solid Waste Management Cash Fund23
General Fund. 24
(d) In adopting regulations for solid waste disposal, the council25
shall consider storage, collection, transportation, processing, resource26
recovery, and disposal of solid waste, developmental and operational27
plans for solid waste disposal areas, conditions for permitting of solid28
waste disposal areas, modification, suspension, or revocation of such29
permits, regulations of operations of disposal areas, including site30
improvements, fire prevention, ground water protection, safety and31
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restricted access, handling of liquid and hazardous materials, insect and1
rodent control, salvage operations, and the methods of disposing of2
accumulations of junk outside of solid waste disposal areas. Such3
regulations shall in all respects comply with the Environmental4
Protection Act, the Integrated Solid Waste Management Act, and the5
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et6
seq. 7
(14) In adopting regulations governing discharges or emissions of8
oil and other hazardous materials into the waters, in the air, or upon9
the land of the state, the council shall consider the requirements of the10
Integrated Solid Waste Management Act, methods for prevention of such11
discharges or emissions, and the responsibility of the discharger or12
emitter for cleanup, toxicity, degradability, and dispersal13
characteristics of the substance. 14
(15) In adopting regulations governing composting and composting15
sites, the council shall give consideration to: 16
(a) Approval of a proposed site by the local governing body,17
including the zoning authority, if any, prior to issuance of a permit by18
the department; 19
(b) Issuance of permits by the department for such composting20
operations, with conditions if necessary; 21
(c) Submission of construction and operational plans by the22
applicant for a permit to the department, with approval of such plans23
before issuance of such permit; 24
(d) A term of up to ten years for such permits;25
(e) Renewal of permits if the operation has been in substantial26
compliance with composting regulations adopted pursuant to this27
subsection, permit conditions, and operational plans;28
(f) Review by the department of materials to be composted, including29
chemical analysis when found by the department to be necessary;30
(g) Inspections of such compost sites by the department. Operations31
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out of compliance with composting regulations, permit conditions, or1
operational plans shall be given a reasonable time for voluntary2
compliance, and failure to do so within the specified time shall result3
in a hearing after notice is given, at which time the owner or operator4
shall appear and show cause why his or her permit should not be revoked;5
(h) Special permits of the department for demonstration projects not6
to exceed six months; 7
(i) Exemptions from permits of the department; and8
(j) The Integrated Solid Waste Management Act.9
(16) Any person operating or responsible for the operation of air,10
water, or land contaminant sources of any class for which the rules and11
regulations of the council require reporting shall make reports12
containing information as may be required by the department concerning13
quality and quantity of discharges and emissions, location, size, and14
height of contaminant outlets, processes employed, fuels used, and the15
nature and time periods or duration of discharges and emissions, and such16
other information as is relevant to air, water, or land pollution and is17
available. 18
(17) Prior to adopting, amending, or repealing standards and19
classifications of air, water, and land quality and rules and regulations20
under the Integrated Solid Waste Management Act or the Livestock Waste21
Management Act, the council shall, after due notice, conduct public22
hearings thereon. Notice of public hearings shall specify the waters or23
the area of the state for which standards of air, water, or land are24
sought to be adopted, amended, or repealed and the time, date, and place25
of such hearing. Such hearing shall be held in the general area to be26
affected by such standards. Such notice shall be given in accordance with27
the Administrative Procedure Act. 28
(18) Standards of quality of the air, water, or land of the state29
and rules and regulations adopted under the Integrated Solid Waste30
Management Act or the Livestock Waste Management Act or any amendment or31
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repeal of such standards or rules and regulations shall become effective1
upon adoption by the council and filing in the office of the Secretary of2
State. In adopting standards of air, water, and land quality or making3
any amendment thereof, the council shall specify a reasonable time for4
persons discharging wastes into the air, water, or land of the state to5
comply with such standards and upon the expiration of any such period of6
time may revoke or modify any permit previously issued which authorizes7
the discharge of wastes into the air, water, or land of this state which8
results in reducing the quality of such air, water, or land below the9
standards established therefor by the council. 10
(19) All standards of quality of air, water, or land and all rules11
and regulations adopted pursuant to law by the council prior to May 29,12
1981, and applicable to specified air, water, or land are hereby approved13
and adopted as standards of quality of and rules and regulations for such14
air, water, or land. 15
(20) In addition to such standards as are heretofore authorized, the16
council shall adopt and promulgate rules and regulations to set standards17
of performance, effluent standards, pretreatment standards, treatment18
standards, toxic pollutant standards and limitations, effluent19
limitations, effluent prohibitions, and quantitative limitations or20
concentrations which shall in all respects conform with and meet the21
requirements of the National Pollutant Discharge Elimination System in22
the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.23
(21)(a) The council shall adopt and promulgate rules and regulations24
requiring all new or renewal permit or license applicants regulated under25
the Environmental Protection Act, the Integrated Solid Waste Management26
Act, or the Livestock Waste Management Act to establish proof of27
financial responsibility by providing funds in the event of abandonment,28
default, or other inability of the permittee or licensee to meet the29
requirements of its permit or license or other conditions imposed by the30
department pursuant to the acts. The council may exempt classes of31
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permittees or licensees from the requirements of this subdivision when a1
finding is made that such exemption will not result in a significant risk2
to the public health and welfare. 3
(b) Proof of financial responsibility shall include any of the4
following made payable to or held in trust for the benefit of the state5
and approved by the department: 6
(i) A surety bond executed by the applicant and a corporate surety7
licensed to do business in this state; 8
(ii) A deposit of cash, negotiable bonds of the United States or the9
state, negotiable certificates of deposit, or an irrevocable letter of10
credit of any bank or other savings institution organized or transacting11
business in the United States in an amount or which has a market value12
equal to or greater than the amount of the bonds required for the bonded13
area under the same terms and conditions upon which surety bonds are14
deposited; 15
(iii) An established escrow account; or 16
(iv) A bond of the applicant without separate surety upon a17
satisfactory demonstration to the director that such applicant has the18
financial means sufficient to self-bond pursuant to bonding requirements19
adopted by the council consistent with the purposes of this subdivision.20
(c) The director shall determine the amount of the bond, deposit, or21
escrow account which shall be reasonable and sufficient so the department22
may, if the permittee or licensee is unable or unwilling to do so and in23
the event of forfeiture of the bond or other financial responsibility24
methods, arrange to rectify any improper management technique committed25
during the term of the permit or license and assure the performance of26
duties and responsibilities required by the permit or license pursuant to27
law, rules, and regulations. 28
(d) In determining the amount of the bond or other method of29
financial responsibility, the director shall consider the requirements of30
the permit or license or any conditions specified by the department, the31
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probable difficulty of completing the requirements of such permit,1
license, or conditions due to such factors as topography, geology of the2
site, and hydrology, and the prior history of environmental activities of3
the applicant. 4
This subsection shall apply to hazardous waste treatment, storage,5
or disposal facilities which have received interim status.6
(22)(a) The council shall adopt and promulgate rules and regulations7
no more stringent than the provisions of section 1453 et seq. of the8
federal Safe Drinking Water Act, as amended, 42 U.S.C. 300j-13 et seq.,9
for public water system source water assessment programs.10
(b) The council may adopt and promulgate rules and regulations to11
implement a source water petition program no more stringent than section12
1454 et seq. of the federal Safe Drinking Water Act, as amended, 4213
U.S.C. 300j-14 et seq. 14
(23) The council may adopt and promulgate rules and regulations for15
the issuance of permits relating to the discharge of dredged or fill16
material into the waters of the United States under section 404 of the17
Clean Water Act, as amended, 33 U.S.C. 1251 et seq., giving consideration18
to (a) when such permits are required and exemptions, application, and19
filing requirements, (b) terms and conditions affecting such permits,20
notice and public participation, and duration, (c) review of such21
permits, (d) monitoring, recording, and reporting requirements, (e)22
compensatory mitigation, and (f) such other requirements not inconsistent23
with the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.24
(24) The council may establish fees for applications,25
determinations, permits, licenses, or similar authorizations for the26
discharge of dredged and fill material under section 404 of the Clean27
Water Act, as amended, 33 U.S.C. 1251 et seq., to be collected by the28
department. The fees shall be sufficient to pay the department for the29
direct and indirect costs of administering a permitting program under30
section 404 of the Clean Water Act. 31
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Sec. 5. (1) The Water Quality and Quantity Cash Fund is created.1
The department shall remit all fees collected pursuant to this section2
and money received by the department in the form of gifts, grants,3
reimbursements, or monetary transfers from any source intended to be used4
for the purposes of the fund to the State Treasurer for credit to the5
fund. The fund shall be used to pay the reasonable direct and indirect6
costs required to develop and administer programs to regulate discharges7
under section 402 of the Clean Water Act, as amended, 33 U.S.C. 1342 et8
seq. Any money in the fund available for investment shall be invested by9
the state investment officer pursuant to the Nebraska Capital Expansion10
Act and the Nebraska State Funds Investment Act. 11
(2) Beginning July 1, 2027, each application for a National12
Pollutant Discharge Elimination System permit or a pretreatment permit13
required by rules and regulations adopted and promulgated pursuant to14
subsection (20) of section 81-1505 shall be accompanied by an application15
fee, to be determined by the department. The fee shall not be more than16
the amount necessary to reimburse the department for administering the17
applications. An application required under section 54-2428 shall be18
exempt from the application fee required by this section.19
(3) Beginning July 1, 2027, the department shall charge an annual20
fee to each person who has a National Pollutant Discharge Elimination21
System permit or who has a pretreatment permit required by rules and22
regulations adopted and promulgated pursuant to subsection (20) of23
section 81-1505. The fee shall be an amount no more than the actual cost24
of services provided. A permit issued pursuant to section 54-2428 shall25
be exempt from the annual fee required by this section.26
Sec. 6. Section 81-1532, Reissue Revised Statutes of Nebraska, is27
amended to read: 28
81-1532 Sections 81-1501 to 81-1532 and section 5 of this act shall29
be known and may be cited as the Environmental Protection Act.30
Sec. 7. Original sections 13-2041, 54-2428, 81-1505, and 81-1532,31
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Reissue Revised Statutes of Nebraska, and section 46-606, Revised1
Statutes Supplement, 2025, are repealed. 2
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