57-1620. Prohibited acts; violations; penalties.

513 words·~2 min read·/ne/chapter-57/57-1620

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person who violates any provision of the Nebraska Geologic Storage of Carbon Dioxide Act or any rule, regulation, or order of the commission under the act shall be guilty of a Class II misdemeanor unless another penalty is specifically provided for such violation. Each day that such violation continues shall constitute a separate offense.

(2)If any person, for the purpose of evading the provisions of the act or any rule, regulation, or order of the commission under the act, makes or causes to be made any false entry or statement in a report required by the act or by any such rule, regulation, or order, makes or causes to be made any false entry in any record, account, or memorandum required by the act or by any such rule, regulation, or order, or removes from this state or destroys, mutilates, alters, or falsifies any such record, account, or memorandum, such person shall be guilty of a Class II misdemeanor.

(3)Any person who knowingly and willfully commits any of the following offenses shall be guilty of a Class I misdemeanor and subject to the penalties imposed under section 57-1625 :

(a)Violates any provision of the act or any rule, regulation, or order of the commission;

(b)Makes any false statement, representation, or certification in any application, report, plan, or other document required to be filed or maintained by the rules or regulations adopted and promulgated by the commission; or

(c)Falsifies, tampers with, or renders inaccurate any monitoring device or method used or required for compliance with any permit or the rules or regulations adopted and promulgated by the commission.

(4)Any person who knowingly aids or abets any other person in the violation of any provision of the act or any rule, regulation, or order of the commission under the act shall be subject to the same penalty as that prescribed by the act for the violation by such other person.

(5)The penalties provided in this section shall be recoverable by suit filed by the Attorney General in the name and on behalf of the commission, in the district court of the county in which the defendant resides, or in which any defendant resides if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.

(6)In determining the amount of the penalty, the court shall consider:

(a)The nature of the violation, including its circumstances and gravity, and the hazard or potential hazard to the public's or a private person's health, safety, and economic welfare;

(b)The economic or environmental harm caused by the violation;

(c)The economic value or other advantage gained by the person committing the violation;

(d)The history of previous violations;

(e)The amount necessary to deter future violations;

(f)Efforts to correct the violation; and

(g)Other matters justice requires.