Nebraska Statutes 46-1142. Failure to notify of accident; penalty; recovery of costs
Any permitholder who fails to notify the district and the department of any actual or suspected accident resulting from the use of chemigation shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class III misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 46-1142
- 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
- Chemigation: shall mean any process whereby chemicals are applied to land or crops in or with water through an onfarm irrigation distribution system. See Nebraska Statutes 46-1106
- Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 46-1108
- District: shall mean a natural resources district created pursuant to Nebraska Statutes 46-1110
- Permitholder: shall mean the owner or operator of land who applies or authorizes the application of chemicals to such land by means of chemigation. See Nebraska Statutes 46-1115