2022 Nebraska Revised Statutes
Chapter 81 - State Administrative Departments
81-15,310 - Violations; enforcement; procedure; appeal.

81-15,310. Violations; enforcement; procedure; appeal.

Whenever the director has reason to believe that a violation has occurred of any provision of the Nebraska Environmental Response Act, an order issued under the act, or any rule or regulation adopted and promulgated under the act, the director may cause an administrative order to be served upon the violator. Such order shall specify the violation and the facts alleged to constitute a violation and may assess an administrative penalty to be paid within thirty days or as otherwise stated in the order. The order shall set forth the circumstances and factors considered in assessing the administrative penalty which may include the severity of the violation, good faith efforts of the violator, and any other factors deemed relevant by the director. Administrative penalties assessed under this section shall not exceed five thousand dollars per day per violation. Each day a violation continues shall constitute a separate violation. An order under this section imposing an administrative penalty may be appealed to the director. The appeal shall be in the manner provided in the Administrative Procedure Act. Any administrative penalty paid pursuant to the Nebraska Environmental Response Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. An action may be brought in the district court of Lancaster County to collect any unpaid administrative penalty and costs incurred directly in the collection of the penalty plus any statutory interest rate applicable to judgments, which shall run from the date the administrative penalty accrued.

Source

• Laws 2022, LB1102, § 10.
• Effective Date: July 21, 2022

Cross References

• Administrative Procedure Act, see section 84-920.