Nebraska Statutes 66-1513. Remedial action, defined
Remedial action shall mean any immediate or long-term response to a release or suspected release in accordance with rules and regulations adopted and promulgated by the department or the State Fire Marshal, including tank testing only in conjunction with a release or suspected release, site investigation, site assessment, cleanup, restoration, mitigation, and any other action ordered by the department or the State Fire Marshal which is reasonable and necessary. Remedial action shall not include:
Terms Used In Nebraska Statutes 66-1513
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Costs of remedial action shall not: include costs for the actions specified in subdivisions (1) through (3) of this section, loss of income, attorney's fees, or reimbursement for the responsible person's own time spent in planning and administering a corrective action plan. See Nebraska Statutes 66-1513
- Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 66-1504
- Release: shall mean any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank or any overfilling of a tank into ground water, surface water, surface soils, or subsurface soils whether occurring before, on, or after May 27, 1989. See Nebraska Statutes 66-1512
- Remedial action: shall mean any immediate or long-term response to a release or suspected release in accordance with rules and regulations adopted and promulgated by the department or the State Fire Marshal, including tank testing only in conjunction with a release or suspected release, site investigation, site assessment, cleanup, restoration, mitigation, and any other action ordered by the department or the State Fire Marshal which is reasonable and necessary. See Nebraska Statutes 66-1513
- Responsible person: shall mean a person who is an owner or operator of a tank. See Nebraska Statutes 66-1514
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Tank: shall mean any one or a combination of stationary aboveground or underground containers and enclosures, including structures and appurtenances connected to them, that is or has been used to contain or dispense petroleum, but tank shall not include any pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U. See Nebraska Statutes 66-1515
(1) Tank restoration, upgrading, replacement, or rehabilitation;
(2) Actions which do not minimize, eliminate, or clean up a release or suspected release to protect the public safety, health, and welfare or the environment; or
(3) Aesthetic improvements.
Costs of remedial action shall not include costs for the actions specified in subdivisions (1) through (3) of this section, loss of income, attorney‘s fees, or reimbursement for the responsible person‘s own time spent in planning and administering a corrective action plan.