Nebraska Statutes 13-2032. Integrated solid waste management plan; minimum requirements; waste reduction and recycling program; priorities; updated plan
(1) Each integrated solid waste management plan filed pursuant to section 13-2031 shall at a minimum:
Terms Used In Nebraska Statutes 13-2032
- Agency: shall mean any combination of two or more municipalities or counties acting together under the Interlocal Cooperation Act or the Joint Public Agency Act, a natural resources district acting alone or together with one or more counties and municipalities under either of such acts, any joint entity as defined in section Nebraska Statutes 13-2004
- Council: shall mean the Environmental Quality Council. See Nebraska Statutes 13-2005
- County: shall mean any county in the State of Nebraska. See Nebraska Statutes 13-2006
- Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 13-2008
- Facility: shall mean any site owned and operated or utilized by any person for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste and shall include a solid waste landfill. See Nebraska Statutes 13-2010
- Integrated solid waste management: shall mean solid waste management which is focused on planned development of programs and facilities that reduce waste toxicity and volume, recycle marketable materials, and provide for safe disposal of residuals. See Nebraska Statutes 13-2011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: shall mean any city or village incorporated under the laws of this state. See Nebraska Statutes 13-2013
- Solid waste management plan: shall mean a plan adopted by a county or municipality, including a joint plan adopted by an agency, for integrated solid waste management. See Nebraska Statutes 13-2015
- 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
- System: shall mean any equipment, vehicles, facilities, personnel, or contractors utilized for the purpose of collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste. See Nebraska Statutes 13-2016
(a) Certify facility and system capacity for solid waste management for the solid waste generated within each solid waste jurisdiction area for the twenty years following October 1, 1994;
(b) Certify facility and system capacity for solid waste generated outside of each solid waste jurisdiction area and disposed of in facilities within each solid waste jurisdiction area for the twenty years following October 1, 1994. If a county or municipality is unable to certify capacity for waste generated outside its solid waste jurisdiction area, it may restrict access to its facilities and systems for such solid waste;
(c) Incorporate and reflect the waste management hierarchy of the state integrated solid waste management policy;
(d) State the extent to which solid waste generated within the area covered by the plan is or can be recycled;
(e) State the economic and technical feasibility of using other existing disposal facilities in lieu of initiating new disposal facilities or of continuing the use of disposal facilities in use at the time the plan is filed;
(f) State the expected environmental impact of alternative solid waste disposal methods, including the use of landfills;
(g) State a specific plan and schedule for implementing technically and economically feasible solid waste disposal methods that will result in minimal environmental impact; and
(h) State such additional information, data, and studies as may be required pursuant to rules and regulations adopted by the council.
(2) The integrated solid waste management plan shall provide for a local waste reduction and recycling program. If technically and economically feasible, the volume of materials disposed of in landfills as of July 1, 1994, shall be reduced by twenty-five percent as of July 1, 1996, by forty percent as of July 1, 1999, and by fifty percent as of July 1, 2002. Any county, municipality, or agency which had in effect a recycling or waste reduction program prior to July 1, 1994, shall be credited with the waste-stream reduction achieved prior to July 1, 1994, with respect to the July 1, 1996, goal. The following wastes shall be given first priority when developing reduction and recycling programs and related timetables in relation to an integrated solid waste management plan:
(a) Yard wastes;
(b) Unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the Environmental Protection Act;
(c) Discarded tires;
(d) Waste oil;
(e) Lead-acid batteries; and
(f) Discarded household appliances.
In addition, such plan shall provide a methodology for implementing a program of separation of wastes, including, but not limited to, glass, plastic, paper, and metal.
(3) The solid waste management plan shall be updated for compliance with federal and state laws and regulations as required by the department and may be updated, subject to approval by the department, at any time to reflect local needs and conditions.