81-1508.02. Unlawful acts; civil penalty.

306 words·~1 min read·/ne/chapter-81/81-1508-02

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

(1)It shall be unlawful for any person:

(a)To refuse the right of entry and inspection to any authorized representative of the department when the representative is acting under the provisions of a permit issued by the department;

(b)To violate any air, water, or land quality standards, any emission or effluent standards or limitations, any permit or license condition or limitation, any order of the director, or any monitoring, reporting, or record-keeping requirements contained in or issued or entered into pursuant to the Environmental Protection Act, the Integrated Solid Waste Management Act, or the Livestock Waste Management Act or the rules or regulations adopted and promulgated pursuant to such acts;

(c)To make any false statement, representation, or certification in any application, label, record, report, plan, or other document required to be filed or maintained by such acts, rules, or regulations;

(d)To falsify, tamper with, or render inaccurate any monitoring device or method used or required for compliance with a permit or license or such acts, rules, or regulations; or

(e)To violate any other provision of or fail to perform any other duty imposed by such acts, rules, or regulations.

(2)Each violation of this section or of section 81-1506 shall subject a person to a civil penalty of no more than ten thousand dollars per day. In case of a continuing violation, each day shall constitute a separate offense. In assessing the amount of the fine, the court shall consider the degree and extent of the violation, the size of the operation, and any economic benefit derived from noncompliance.

Before seeking the imposition of a civil penalty under this section, the Director of Environmental Quality must first issue a complaint satisfying the requirements of section 81-1507. State ex rel. Wood v. Fisher Foods, Ltd., 254 Neb. 982, 581 N.W.2d 409 (1998).