State Codes and Statutes

Statutes > Nebraska > Chapter13 > 13-2042

13-2042. Landfill disposalfee; payment; interest; use; grants; department; powers; council; duties.(1) A disposal fee of one dollar and twenty-five cents isimposed for each six cubic yards of uncompacted solid waste, one dollar andtwenty-five cents for each three cubic yards of compacted solid waste, orone dollar and twenty-five cents per ton of solid waste (a) disposed of at landfills regulated by thedepartment or (b) transportedfor disposal out of state from a solid waste processing facility holding apermit under the Integrated Solid Waste Management Act. Each operatorof a landfill or solid wasteprocessing facilityshall make the fee payment quarterly. The fee shall be paid quarterly to thedepartment on or before the forty-fifth day following the end of each quarter.For purposes of this section, landfill has the same definition as municipalsolid waste landfill unit in 40 C.F.R. 258.2.(2) Each fee payment shall be accompanied by a form preparedand furnished by the department and completed by the permitholder. The formshall state the total volume of solid waste disposed of at thelandfill or transported for disposal out of state from the solid waste processing facilityduring the payment period and shall provide any other information deemed necessaryby the department. The form shall be signed by the permitholder.(3) If a permitholder fails to make a timely payment of thefee, he or she shall pay interest on the unpaid amount at the rate specifiedin section 45-104.02, as such rate may from time to time be adjusted.(4) This section shall not apply to a site used solely forthe reclamation of land through the introduction of landscaping rubble orinert material.(5) Fifty percent of the total of such fees collected in eachquarter shall be remitted to the State Treasurer for credit to the IntegratedSolid Waste Management Cash Fund and shall be used by the department to coverthe direct and indirect costs of responding to spills or other environmentalemergencies, of regulating, investigating, remediating, and monitoring facilitiesduring and after operation of facilities, or of performance of regulated activitiesunder the Integrated Solid Waste Management Act, the Livestock Waste ManagementAct, the Nebraska Litter Reduction and Recycling Act, and the Waste Reductionand Recycling Incentive Act. The department may seek recovery of expensespaid from the fund for responding to spills or other environmental emergenciesor for investigation, remediation, and monitoring of a facility from any personwho owned, operated, or used the facility in violation of the Integrated SolidWaste Management Act, the Livestock Waste Management Act, the Nebraska LitterReduction and Recycling Act, and the Waste Reduction and Recycling IncentiveAct in a civil action filed in the district court of Lancaster County. Ofthe amount credited to the Integrated Solid Waste Management Cash Fund, thedepartment may disburse amounts to political subdivisions for costs incurredin response to and remediation of any solid waste disposed of or abandonedat dump sites or discrete locations along public roadways or ditches and onany contiguous area affected by such disposal or abandonment. Such reimbursementshall be by application to the department on forms prescribed by the department.The department shall prepare and make available a schedule of eligible costsand application procedures which may include a requirement of a demonstrationof preventive measures to be taken to discourage future dumping. The departmentmay not disburse to political subdivisions an amount which in the aggregateexceeds five percent of total revenue from the disposal fees collected pursuantto this section in the preceding fiscal year. These disbursements shall bemade on a fiscal-year basis, and applications received after funds for thispurpose have been exhausted may be eligible during the next fiscal year butare not an obligation of the state. Any eligible costs incurred by a politicalsubdivision which are not funded due to a lack of funds shall not be consideredan obligation of the state. In disbursing funds under this section, the directorshall make efforts to ensure equal geographic distribution throughout thestate and may deny reimbursements in order to accomplish this goal.(6) The remaining fifty percent of the total of such feescollected per quarter shall be remitted to the State Treasurer for creditto the Waste Reduction and Recycling Incentive Fund. For purposes of determiningthe total fees collected, any amount of fees rebated pursuant to section 13-2042.01shall be included as if the fees had not been rebated, and the amount of thefees rebated pursuant to such section shall be deducted from the amount tobe credited to the Waste Reduction and Recycling Incentive Fund.(7) The council shall adopt and promulgate rules and regulationsfor the distribution of grants under subsection (6) of this section from theproceeds of the fees imposed by this section to counties, municipalities,and agencies for the purposes of planning and implementing facilities andsystems to further the goals of the Integrated Solid Waste Management Act.The fees collected pursuant to this section shall not be used as grant proceedsto fund landfill closure site assessments, closure, monitoring, or investigativeor corrective action costs for existing landfills or landfills already closedprior to July 15, 1992. The rules and regulations shall base the awardingof grants on a project's reflection of the integrated solid waste managementpolicy and hierarchy established in section 13-2018, the proposed amount oflocal matching funds, and community need. SourceLaws 1992, LB 1257, § 42; Laws 1994, LB 1207, § 11; Laws 1997, LB 495, § 2; Laws 1999, LB 592, § 1; Laws 2001, LB 128, § 1; Laws 2003, LB 143, § 8; Laws 2004, LB 916, § 1; Laws 2010, LB696, § 1.Effective Date: July 15, 2010 Cross ReferencesLivestock Waste Management Act, see section 54-2416.Nebraska Litter Reduction and Recycling Act, see section 81-1534.Waste Reduction and Recycling Incentive Act, see section 81-15,158.01.