For purposes of cleanup under the Nebraska Environmental Response Act, the director may:

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Terms Used In Nebraska Statutes 81-15,304

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801

(1) Issue orders requiring a person responsible for a release to clean up the release;

(2) Take necessary action to clean up or terminate the release of a pollutant if a person responsible for a release fails or refuses to take reasonable actions required by the director;

(3) Take those actions necessary to clean up a release if a person responsible for a release cannot be identified or contacted within a reasonable amount of time;

(4) Issue orders requiring a person responsible for a release to take such corrective actions as may be reasonably required to prevent a recurrence of a release;

(5) Take necessary action, including issuing orders for corrective action or cleanup of any release of a pollutant;

(6) Issue orders to a responsible person to pay cleanup costs assessed with documentation due thirty days after receipt of the director’s order unless the payment period is extended by the director for good cause shown; and

(7) Assess an administrative penalty under section 81-15,310.