81-15,124.01 Environmental Quality Council; rules and regulations. - Nebraska Statutes

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Statutes > Nebraska > Chapter81 > 81-15_124_01

81-15,124.01. Environmental Quality Council;rules and regulations.(1) The Environmental Quality Councilshall adopt and promulgate rules and regulations consistent with principlesof risk-based corrective action governing all phases of remedial action tobe taken by owners, operators, and other persons in response to a releaseor suspected release of a regulated substance from a tank. Such rules andregulations shall include:(a) Provisions governing remedial action to be taken by owners and operatorspursuant to section 81-15,124;(b) Provisions by which the Department of Environmental Quality maydetermine the cleanup levels to be achieved through soil or water remediationand the applicable limitations for air emissions at the petroleum releasesite or occurring by reason of such remediation; and(c) Such other provisions necessary to carry out the Petroleum Productsand Hazardous Substances Storage and Handling Act.(2) In developing rules and regulations, the Environmental Quality Councilshall take into account risk-basedcorrective action assessment principles which identify the risks presentedto the public health and safety or the environment by each release in a mannerthat will protect the public health and safety and the environment using,to the extent appropriate, a tiered approach consistent with the AmericanSociety for Testing of Materials guidance for risk-based corrective actionapplicable to petroleum release sites. SourceLaws 1989, LB 289, § 34; Laws 1993, LB 3, § 61; Laws 1996, LB 1226, § 18; Laws 1998, LB 1161, § 44; Laws 2009, LB154, § 19.

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-15_124_01

81-15,124.01. Environmental Quality Council;rules and regulations.(1) The Environmental Quality Councilshall adopt and promulgate rules and regulations consistent with principlesof risk-based corrective action governing all phases of remedial action tobe taken by owners, operators, and other persons in response to a releaseor suspected release of a regulated substance from a tank. Such rules andregulations shall include:(a) Provisions governing remedial action to be taken by owners and operatorspursuant to section 81-15,124;(b) Provisions by which the Department of Environmental Quality maydetermine the cleanup levels to be achieved through soil or water remediationand the applicable limitations for air emissions at the petroleum releasesite or occurring by reason of such remediation; and(c) Such other provisions necessary to carry out the Petroleum Productsand Hazardous Substances Storage and Handling Act.(2) In developing rules and regulations, the Environmental Quality Councilshall take into account risk-basedcorrective action assessment principles which identify the risks presentedto the public health and safety or the environment by each release in a mannerthat will protect the public health and safety and the environment using,to the extent appropriate, a tiered approach consistent with the AmericanSociety for Testing of Materials guidance for risk-based corrective actionapplicable to petroleum release sites. SourceLaws 1989, LB 289, § 34; Laws 1993, LB 3, § 61; Laws 1996, LB 1226, § 18; Laws 1998, LB 1161, § 44; Laws 2009, LB154, § 19.

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State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-15_124_01

81-15,124.01. Environmental Quality Council;rules and regulations.(1) The Environmental Quality Councilshall adopt and promulgate rules and regulations consistent with principlesof risk-based corrective action governing all phases of remedial action tobe taken by owners, operators, and other persons in response to a releaseor suspected release of a regulated substance from a tank. Such rules andregulations shall include:(a) Provisions governing remedial action to be taken by owners and operatorspursuant to section 81-15,124;(b) Provisions by which the Department of Environmental Quality maydetermine the cleanup levels to be achieved through soil or water remediationand the applicable limitations for air emissions at the petroleum releasesite or occurring by reason of such remediation; and(c) Such other provisions necessary to carry out the Petroleum Productsand Hazardous Substances Storage and Handling Act.(2) In developing rules and regulations, the Environmental Quality Councilshall take into account risk-basedcorrective action assessment principles which identify the risks presentedto the public health and safety or the environment by each release in a mannerthat will protect the public health and safety and the environment using,to the extent appropriate, a tiered approach consistent with the AmericanSociety for Testing of Materials guidance for risk-based corrective actionapplicable to petroleum release sites. SourceLaws 1989, LB 289, § 34; Laws 1993, LB 3, § 61; Laws 1996, LB 1226, § 18; Laws 1998, LB 1161, § 44; Laws 2009, LB154, § 19.