66-1525. Reimbursement; application; procedure; State Fire Marshal; duties; reduction of reimbursement; notification required.
(1) Any responsible person or his or her designated representative who has taken remedial action in response to a release first reported after July 17, 1983, and on or before June 30, 2024, or against whom there is a third-party claim may apply to the department under the rules and regulations adopted and promulgated pursuant to section 66-1518 for reimbursement for the costs of the remedial action or third-party claim. Partial payment of such reimbursement to the responsible person may be authorized by the department at the approved stages prior to the completion of remedial action when a remedial action plan has been approved. If any stage is projected to take more than ninety days to complete partial payments may be requested every sixty days. Such partial payment may include the eligible and reasonable costs of such plan or pilot projects conducted during the remedial action.
(2) No reimbursement may be made unless the department makes the following eligibility determinations:
(a) The tank was in substantial compliance with any rules and regulations of the United States Environmental Protection Agency, the State Fire Marshal, and the department which were applicable to the tank. Substantial compliance shall be determined by the department taking into consideration the purposes of the Petroleum Release Remedial Action Act and the adverse effect that any violation of the rules and regulations may have had on the tank thereby causing or contributing to the release and the extent of the remedial action thereby required;
(b) Either the State Fire Marshal or the department was given notice of the release in substantial compliance with the rules and regulations adopted and promulgated pursuant to the Environmental Protection Act and the Petroleum Products and Hazardous Substances Storage and Handling Act. Substantial compliance shall be determined by the department taking into consideration the purposes of the Petroleum Release Remedial Action Act and the adverse effect that any violation of the notice provisions of the rules and regulations may have had on the remedial action being taken in a prompt, effective, and efficient manner;
(c) The responsible person reasonably cooperated with the department and the State Fire Marshal in responding to the release;
(d) The department has approved the plan submitted by the responsible person for the remedial action in accordance with rules and regulations adopted and promulgated by the department pursuant to the Environmental Protection Act or the Petroleum Products and Hazardous Substances Storage and Handling Act or that portion of the plan for which payment or reimbursement is requested. However, responsible persons may undertake remedial action prior to approval of a plan by the department or during the time that remedial action at a site was suspended at any time after April 1995 because the fund was insufficient to pay reimbursements and be eligible for reimbursement at a later time if the responsible person complies with procedures provided to the responsible party by the department or set out in rules and regulations adopted and promulgated by the Environmental Quality Council;
(e) The costs for the remedial action were actually incurred by the responsible person or his or her designated representative after May 27, 1989, and were eligible and reasonable;
(f) If reimbursement for a third-party claim is involved, the cause of action for the third-party claim accrued after April 26, 1991, and the Attorney General was notified by any person of the service of summons for the action within ten days of such service; and
(g) The responsible person or his or her designated representative has paid the amount specified in subsection (1) or (2) of section 66-1523.
(3) The State Fire Marshal shall review each application prior to consideration by the department and provide to the department any information the State Fire Marshal deems relevant to subdivisions (2)(a) through (g) of this section. The State Fire Marshal shall issue a determination with respect to an applicant's compliance with rules and regulations adopted and promulgated by the State Fire Marshal. The State Fire Marshal shall issue a compliance determination to the department within thirty days after receiving an application from the department.
(4) The department may withhold taking action on an application during the pendency of an enforcement action by the state or federal government related to the tank or a release from the tank.
(5) Reimbursements made for a remedial action may be reduced as much as one hundred percent for failure by the responsible person to comply with applicable statutory or regulatory requirements. In determining the amount of the reimbursement reduction, the department shall consider:
(a) The extent of and reasons for noncompliance;
(b) The likely environmental impact of the noncompliance; and
(c) Whether noncompliance was negligent, knowing, or willful.
(6) Except as provided in subsection (4) of this section, the department shall notify the responsible person of its approval or denial of the remedial action plan within one hundred twenty days after receipt of a remedial action plan which contains all the required information. If after one hundred twenty days the department fails to either deny, approve, or amend the remedial action plan submitted, the proposed plan shall be deemed approved. If the remedial action plan is denied, the department shall provide the reasons for such denial.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 66 - Oils, Fuels, and Energy
66-103 - Gasoline and other explosives; sale; containers or portable tanks; type required.
66-103.01 - Containers or portable tanks, defined.
66-105 - Kerosene; delivery; container or portable tank prohibited.
66-106 - Kerosene; use or storage; container or portable tank prohibited.
66-203 - Rebate for qualified clean-burning motor vehicle fuel property.
66-204 - Clean-burning Motor Fuel Development Fund; created; use; investment.
66-303 - Department of Environment and Energy; duties; report; contents; legislative vote.
66-304 - State plan; submit to Legislature.
66-401 - Transferred to section 66-482.
66-402 - Transferred to section 66-483.
66-403 - Transferred to section 66-484.
66-404 - Transferred to section 66-485.
66-407 - Transferred to section 66-486.
66-408 - Transferred to section 66-487.
66-409 - Transferred to section 66-488.
66-410 - Transferred to section 66-489.
66-410.01 - Transferred to section 66-490.
66-410.02 - Transferred to section 66-491.
66-410.03 - Transferred to section 66-492.
66-410.04 - Transferred to section 66-493.
66-410.05 - Transferred to section 66-494.
66-411 - Transferred to section 66-495.
66-412 - Transferred to section 66-496.
66-414 - Transferred to section 66-497.
66-415 - Transferred to section 66-498.
66-418.02 - Transferred to section 66-449.01.
66-420 - Transferred to section 66-4,103.
66-421 - Transferred to section 66-499.
66-423.01 - Transferred to section 66-4,101.
66-423.02 - Transferred to section 66-4,102.
66-424 - Transferred to section 66-4,100.
66-426.01 - Transferred to section 66-4,104.
66-428 - Transferred to section 66-4,105.
66-429 - Transferred to section 66-4,106.
66-433 - Transferred to section 66-4,107.
66-434 - Transferred to section 66-4,108.
66-435 - Transferred to section 66-4,109.
66-436 - Transferred to section 66-4,110.
66-437 - Transferred to section 66-4,111.
66-438 - Transferred to section 66-4,112.
66-439 - Transferred to section 66-4,113.
66-440 - Transferred to section 66-4,117.
66-441 - Transferred to section 66-4,114.
66-442 - Transferred to section 66-4,115.
66-444 - Transferred to section 66-4,116.
66-445 - Transferred to section 66-4,118.
66-446 - Transferred to section 66-4,119.
66-447 - Transferred to section 66-4,120.
66-448 - Transferred to section 66-4,121.
66-449 - Transferred to section 66-4,122.
66-449.01 - Transferred to section 66-4,130.
66-450 - Transferred to section 66-4,123.
66-452 - Transferred to section 66-4,124.
66-458 - Transferred to section 66-4,125.
66-459 - Transferred to section 66-4,126.
66-460 - Transferred to section 66-4,127.
66-461 - Transferred to section 66-4,128.
66-461.01 - Transferred to section 66-4,129.
66-462 - Transferred to section 66-4,131.
66-465 - Transferred to section 66-4,132.
66-467 - Transferred to section 66-4,133.
66-467.01 - Transferred to section 66-4,134.
66-468 - Transferred to section 66-4,135.
66-469 - Transferred to section 66-4,136.
66-470 - Transferred to section 66-4,137.
66-471 - Transferred to section 66-4,138.
66-472 - Transferred to section 66-4,139.
66-473 - Transferred to section 66-4,140.
66-474 - Transferred to section 66-4,141.
66-474.01 - Transferred to section 66-4,142.
66-475 - Transferred to section 66-4,143.
66-476 - Transferred to section 66-4,144.
66-477 - Transferred to section 66-4,145.
66-478 - Transferred to section 66-4,146.
66-479 - Transferred to section 66-4,147.
66-480 - Transferred to section 66-4,148.
66-481 - Transferred to section 66-4,149.
66-484 - Producer, supplier, distributor, wholesaler, importer, or exporter; license required.
66-485 - Producer, supplier, distributor, wholesaler, exporter, or importer; security.
66-486 - Motor fuel tax; collection; commission.
66-487 - Producer, supplier, distributor, wholesaler, exporter, and importer; records required.
66-488 - Producer, supplier, distributor, wholesaler, importer, and exporter; return; contents.
66-489.01 - Motor fuels blending agent or fuel expander; when taxed.
66-496 - Stored fuel; payment of tax; when; reports.
66-498 - Tax previously paid; credit allowed; when.
66-4,100 - Highway Cash Fund; Roads Operations Cash Fund; created; use; investment.
66-4,101 - Highway Allocation Fund; share of counties and municipalities; how used.
66-4,102 - Highway Allocation Fund; street intersection, defined.
66-4,103 - Interstate commerce exemption.
66-4,104 - Transferred to section 66-525.
66-4,105 - Motor fuels; use; excise tax; amount; use, defined.
66-4,106 - Excise tax; payment; report; duty to collect.
66-4,107 - Transferred to section 66-526.
66-4,108 - Transferred to section 66-527.
66-4,109 - Transferred to section 66-528.
66-4,110 - Transferred to section 66-529.
66-4,111 - Transferred to section 66-530.
66-4,112 - Transferred to section 66-531.
66-4,113 - Transferred to section 66-719.01.
66-4,114 - Motor fuels; importation; liable for tax; exception.
66-4,116 - Motor fuels; transportation; interstate commerce exempt.
66-4,117 - Motor vehicle fuel tax law; enforcement; rules and regulations.
66-4,124.01 - Tax credit gasoline; certain purchases; repeal of section, effect.
66-4,140 - Motor fuels; excise tax; disposition; payment.
66-4,141 - Excise tax; tax rate per gallon; computations.
66-4,143 - Materiel administrator; submit report; contents.
66-4,145 - Additional excise tax.
66-4,146 - Fuels; use; additional excise tax.
66-4,146.01 - Floor-stocks tax on agricultural ethyl alcohol; rate; payment.
66-4,147 - Receipts from excise tax; disposition.
66-4,147.01 - Taxes, interest, and penalties; disposition.
66-4,148 - Highway Allocation Fund; distribution of funds.
66-4,149 - Rules and regulations.
66-501 - Sections, purpose; how construed.
66-502 - Liquid fuel carriers license; issuance.
66-502.01 - Motor vehicle equipped with cargo tank; restrictions.
66-505 - Motor fuel transportation; vehicles; display required; rules and regulations.
66-512 - Unlawful acts; prohibited.
66-526 - Motor vehicle fuel or diesel fuel; unlawful transportation; vehicle declared nuisance.
66-528 - Unlawful transportation; conviction; effect.
66-529 - Unlawful transportation; conviction; sale of vehicle.
66-530 - Unlawful transportation; no arrest; sale of fuel and vehicle; procedure.
66-531 - Unlawful transportation; delay in proceedings; intervention by lienor or owner of vehicle.
66-610.01 - Transferred to section 66-733.
66-610.02 - Transferred to section 66-734.
66-610.03 - Transferred to section 66-735.
66-610.04 - Transferred to section 66-736.
66-610.06 - Transferred to section 66-737.
66-639 - Transferred to section 66-601.01.
66-699 - Definitions, where found.
66-6,100 - Compressed fuel, defined.
66-6,101 - Department, defined.
66-6,102 - Gallon equivalent, defined.
66-6,103 - Motor vehicle, defined.
66-6,106 - Retailer's license; application; issuance; security requirements.
66-6,107 - Excise tax; amount.
66-6,108 - Excise tax; amount; credits and refunds; allocation.
66-6,109 - Excise tax; amount.
66-6,110 - Retailer; return; filing requirements.
66-6,112 - Taxes, interest, and penalties; disposition.
66-6,113 - Compressed fuel tax; collection; commission.
66-6,115 - Prohibited acts; violation; penalty; transport and delivery vehicles.
66-6,116 - Enforcement; rules and regulations.
66-713 - Retailer; license required; when; records.
66-716 - Motor fuel distribution, sale, or delivery; license; when required; records.
66-718 - Report, return, or other statement; department; powers; electronic filing.
66-719 - Prohibited acts; financial penalties; department; powers; waiver of interest.
66-719.01 - Unlawful transportation; violations; reward for disclosure.
66-720 - License or permit; suspension; grounds; procedure; cancellation; reinstatement fee.
66-721 - Notices; mailing requirements.
66-722 - Returns; review by department; deficiency determination; procedure.
66-724 - Deficiency; late payment; interest.
66-725 - Department; examination of records; investigations.
66-726 - Refund; when allowed; procedures.
66-727 - Prohibited acts; criminal penalties.
66-729 - Permit or license; issuance; when; department; powers and duties.
66-731 - Department; computer system; shared information.
66-732 - Department of Revenue, Attorney General, and Nebraska State Patrol; duties.
66-734 - Cash bond; contribution; how collected.
66-735 - Trust fund; use; delinquency; certification; State Treasurer; duties.
66-736 - Cash bond; contribution; refund; return of trust fund.
66-739 - Motor Fuel Tax Enforcement and Collection Cash Fund; created; use; investment.
66-741 - Federally recognized Indian tribe; agreement with state; authorized.
66-820 - Transferred to section 66-1338.
66-822 - Department; motor vehicles; use of gasohol.
66-823 - Department; gasohol; storage and dispensing facilities.
66-824 - Department; gasohol; use; conditions.
66-901 - Legislative findings.
66-902 - Definitions; where found.
66-902.01 - Decommissioning security, defined.
66-903 - Solar energy, defined.
66-904 - Solar energy collector, defined.
66-905 - Solar energy system, defined.
66-906 - Passive solar energy system, defined.
66-909 - Solar agreement, defined.
66-909.01 - Wind energy, defined.
66-909.02 - Wind energy conversion system, defined.
66-909.04 - Wind agreement, defined.
66-910 - Solar agreement; wind agreement; manner granted.
66-912 - Solar agreement; wind agreement; how enforced.
66-912.01 - Solar agreement; wind agreement; initial term; limitation; termination.
66-912.02 - Interest in wind or solar resource; restriction on severance from surface estate.
66-913 - Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
66-1001 - Energy conservation and efficiency; legislative findings.
66-1002 - Definitions, sections found.
66-1004 - Energy conservation measure, defined.
66-1007 - Utility; initiate and administer loans.
66-1008 - Utility; loans; restrictions.
66-1010 - Utilities; supplemental powers.
66-1011 - Loan; use; limitation.
66-1060 - Legislative findings.
66-1061 - Section and repeal of section, how construed.
66-1063 - Governmental unit; energy financing contracts; authorized.
66-1064 - Governmental unit; powers and duties.
66-1065 - Energy financing contract; contents; energy service company; bond requirements.
66-1066 - Energy financing contract; terms.
66-1101 - Legislative findings.
66-1103 - Severance of mineral estate; right to develop geothermal resource; attaches; exception.
66-1104 - Owner of mineral estate; right of entry; lease of state-owned geothermal resources.
66-1106 - Development and production of geothermal resources; provisions applicable.
66-1214 - Motor fuel dispensers; label requirements; penalty.
66-1225 - Reformulated gasoline; requirements for sale.
66-1227 - Methyl tertiary butyl ether; restriction.
66-1301 - Transferred to section 66-1330.
66-1303 - Transferred to section 66-1333.
66-1315 - Transferred to section 66-1339.
66-1316 - Transferred to section 66-1340.
66-1321.01 - Transferred to section 66-1341.
66-1324 - Transferred to section 66-1342.
66-1325 - Transferred to section 66-1343.
66-1326 - Transferred to section 66-1344.
66-1327 - Transferred to section 66-1345.
66-1328 - Transferred to section 66-1346.
66-1329 - Transferred to section 66-1347.
66-1331 - Legislative findings.
66-1334 - Agricultural Alcohol Fuel Tax Fund; created; use; investment.
66-1335 - Nebraska Ethanol Board; established; terms; vacancy; meetings; expenses.
66-1337 - Board; administrative powers.
66-1338 - National ethanol promotion group; board; powers.
66-1339 - Federal funds; solicitation; use.
66-1340 - Board; accept property; powers.
66-1341 - Application; information confidential.
66-1342 - Repayment of loan; other funds; remittance.
66-1344 - Ethanol tax credits; conditions; limitations; Department of Revenue; powers and duties.
66-1344.01 - Ethanol tax credits; agreement required; contents.
66-1345 - Ethanol Production Incentive Cash Fund; created; use; investment; transfers; duties.
66-1345.05 - Funds received by the Department of Revenue; disposition.
66-1348 - Investment agreements; act; how construed.
66-1349 - Ethanol facility eligible for tax credits or incentives; employ residents.
66-1351 - Treated seed; use prohibited; when.
66-1352 - Toxic chemicals; University of Nebraska conduct assessment.
66-1404 - Cooperative fuel tax agreements; local reciprocal exemption agreements; authorized.
66-1405 - Tax rate; how determined; setoff authorized.
66-1406 - Agreements; provisions.
66-1406.01 - License required; when.
66-1406.02 - License; director; powers.
66-1407 - Excess tax paid; credit.
66-1409 - Director; disclose information; when.
66-1410 - Rules and regulations.
66-1411 - Legal remedies; appeals; rules and regulations.
66-1411.01 - Director; enforcement powers.
66-1412 - Agreement; controlling provisions.
66-1413 - Contract to administer act; authorized.
66-1415 - Decal fee; Motor Carrier Division Cash Fund; use.
66-1416 - Sections; purpose; terms, defined.
66-1417 - Trip permit or payment of motor fuels taxes; required; violation; penalty.
66-1418 - Trip permits; issuance; fees.
66-1420 - Department; powers and duties.
66-1421 - Filing of amended return; interest; waiver of penalty; waiver of interest.
66-1424 - Department; examine return; deficiency; final assessment; challenge; extension.
66-1428 - Taxes, interest, and penalties; remittance.
66-1502 - Statement of purpose.
66-1503 - Definitions, where found.
66-1504 - Department, defined.
66-1513 - Remedial action, defined.
66-1514 - Responsible person, defined.
66-1514.01 - Supplier, defined.
66-1515.01 - Third-party claim, defined.
66-1516 - Responsibility for release or third-party claim; avoidance; prohibited; when.
66-1517 - Reimbursement for remedial actions and third-party claims; act; how construed.
66-1518 - Rules and regulations; schedule of rates; use.
66-1519 - Petroleum Release Remedial Action Cash Fund; created; use; investment.
66-1520 - Owner of registered tank; petroleum release remedial action fee; amount.
66-1523 - Reimbursement; amount; limitations; Prompt Payment Act applicable.
66-1524 - State not liable; when; payment of principal and interest on unpaid applications.
66-1526 - Reimbursement; not subject to legal process or attachment; when.
66-1527 - Failure to complete remedial action; reimburse fund.
66-1528 - Person receiving conveyance; action; not barred.
66-1529 - Reimbursement; assignment; authorized.
66-1529.01 - Remedial action; fixtures and tangible personal property; treatment.
66-1529.02 - Remedial actions by department; third-party claims; recovery of expenses.
66-1530 - Department; federal funding; duty.
66-1531 - Claim under State Miscellaneous Claims Act authorized; procedure; limitations.
66-1603 - Definitions, where found.
66-1608 - Industry trade association, defined.
66-1609 - Manufacturer and distributor of liquefied petroleum gas equipment, defined.
66-1610 - Odorized propane, defined.
66-1613 - Qualified industry organization, defined.
66-1615 - Retail marketer, defined.
66-1616 - Wholesaler, supplier, or importer, defined.
66-1617 - Propane Education and Research Council; referendum for creation; approval.
66-1618 - Council; members; appointment; terms.
66-1619 - Council; powers and duties; rules and regulations.
66-1620 - Council; implement act; use of funds.
66-1621 - Propane education and research fee; collection and use.
66-1624 - Council; suspension or termination; referendum.
66-1625 - Price of propane; legislative intent.
66-1803 - Exemptions from act; conditions; action to determine.
66-1804 - Commission; powers; act, how construed.
66-1805 - Rules and regulations; commission; additional powers; Attorney General; duties.
66-1806 - Jurisdictional utilities; filings required.
66-1807 - Commission; powers; how construed.
66-1808 - Rate changes; term or condition of service; when effective.
66-1809 - Commission; investigations authorized; hearing; powers.
66-1811 - Complaint; investigation; hearing; where held; commission; powers.
66-1812 - Rate proceeding; intervention by county or city.
66-1813 - Proceedings for review; parties; rights and privileges.
66-1814 - Action of commission; review.
66-1815 - Jurisdictional utility; reports; failure to file; penalty.
66-1816 - Jurisdictional utility; ownership of competitor; prohibited; when.
66-1817 - Completion and dedication of property.
66-1818 - Commission; examinations and audits; authorized.
66-1819 - Nonregulated private enterprise; how treated.
66-1820 - Franchise ordinances; requirements.
66-1821 - Franchise or certificate of convenience; restrictions.
66-1822 - Prohibited acts; penalty.
66-1823 - Criminal and civil proceedings to compel compliance.
66-1824 - Federal actions; commission; powers.
66-1825 - Rates; requirements.
66-1826 - Payment of dividends; limitation.
66-1827 - Encumbrance of property; limitation.
66-1828 - Reorganization or change of control; approval required.
66-1829 - Disclosure of information; limitations.
66-1830 - Office of public advocate; created; duties; appointment; qualifications.
66-1831 - Public advocate; powers.
66-1832 - Office of public advocate; administration.
66-1833 - Public advocate; access to information; limitations.
66-1834 - Public advocate; records; how kept.
66-1835 - Public advocate; ex parte communications.
66-1836 - Investigations; powers.
66-1837 - Commission; contract for services.
66-1838 - General rate filings; requirements.
66-1840 - Commission; investigation expenses; assessment against jurisdictional utility; procedure.
66-1842 - Public Service Commission Regulation Fund; created; use; investment.
66-1843 - Jurisdictional utility; failure to pay assessment; procedure.
66-1844 - Jurisdictional utility; objections to assessment; procedure.
66-1845 - Jurisdictional utility; assessment; action to recover.
66-1846 - Action to recover assessment; requirements.
66-1847 - Public natural gas utilities; requirements.
66-1848 - Competitive natural gas providers and aggregators; terms, defined.
66-1850 - Act; enforcement; prior law; applicability.
66-1851 - Jurisdictional utility; customer choice or other programs; how treated.
66-1852 - Extension of natural gas mains or other services; limitations.
66-1853 - Certificate of public convenience; requirements.
66-1854 - Cost of gas supply; effect on rate schedules; procedure.
66-1855 - Banded rates; commission; powers.
66-1856 - Construction of new facilities; prior approval not required.
66-1857 - Rights and remedies; how construed.
66-1858 - Metropolitan utilities district; solicitations prohibited; proposals authorized; when.
66-1859 - Enlargement or extension of area; applicability of sections.
66-1860 - Enlargement or extension of area; considerations.
66-1861 - Enlargement or extension of area; rebuttable presumptions.
66-1862 - Duplicative gas mains or services; prohibited.
66-1863 - Enlargement or extension of area; review by Public Service Commission; when required.
66-1864 - Enlargement or extension of area; records; open to public; use.
66-2101 - Legislative declaration.
66-2103 - City; utilization of funds; powers.
66-2104 - Rural infrastructure development; jurisdictional utility; powers.
66-2105 - Jurisdictional utility; consider factors.
66-2106 - Jurisdictional utility; applicability of other law.
66-2107 - Sections; applicability.
66-2202 - Renewable Fuel Infrastructure Program; created.
66-2203 - Grant; application; ethanol infrastructure project; eligibility for grant.
66-2204 - Application; contents.
66-2205 - Department; determine amount of grants; cost-share agreement; award; limitation.
66-2206 - Retail motor fuel site; requirements.
66-2207 - Renewable Fuel Infrastructure Fund; created; use; investment.
66-2301 - Nebraska Hydrogen Hub Industry Work Group; members; duties.