State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-15_121

81-15,121. Tanks; permit;when required; fees; application; Underground Storage Tank Fund; created;investment.(1) A person shall not (a) maintainor use any tank for the storage of regulated substances, (b) install any newtank, or (c) permanently close a tank without first securing a permit fromthe State Fire Marshal.(2) A fee shall not be charged for a permit under subdivision(1)(a) or (c) of this section. The fee for a permit for installation shallbe fifty dollars. The State Fire Marshal shall remit the fee to the StateTreasurer for credit to the Underground Storage Tank Fund.(3) All owners of operating tanks, except those providedfor in subsection (4) of this section, shall annually register each tank.All registration permits shall expire on December 31 of the year for whichthe permit was issued. The registration fee shall be thirty dollars per tank.The State Fire Marshal shall remit the fee to the State Treasurer for creditto the Underground Storage Tank Fund. Such permits shall contain the informationspecified in subsection (5) of this section.(4) In the case of tanks permanently abandoned on or afterJanuary 1, 1974, an annual permit shall not be required and an initial registrationpermit shall be sufficient.(5) The application for a registration permit shall be providedby and filed with the State Fire Marshal's office and shall require, but notbe limited to, the following information:(a) The date the tank was placed in or taken out of operation;(b) The age of the tank;(c) The size, type, and location of the tank; and(d) The type of substances stored in the tank and the quantityof such substances remaining in the tank if the tank has been permanentlyclosed.(6) The registration permit fee collected pursuant to thissection shall be deposited in the Underground Storage Tank Fund which is herebycreated as a cash fund. The fund shall also consist of any money appropriatedto the fund by the state. The fund shall be administered by the State FireMarshal to carry out the purposes of the Petroleum Products and HazardousSubstances Storage and Handling Act. Transfersmay be made from the fund to the General Fund at the direction of the Legislature. Anymoney in the Underground Storage Tank Fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct. SourceLaws 1986, LB 217, § 5; Laws 1987, LB 365, § 2; Laws 1989, LB 816, § 2; Laws 1994, LB 1066, § 120; Laws 1998, LB 1161, § 42; Laws 2009, First Spec. Sess., LB3, § 77.Effective Date: November 21, 2009 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.