Natural Resources omnibus approved

Lawmakers gave final approval April 1 to a package of measures updating state environmental, safety and energy regulations.

LB759, sponsored by Plymouth Sen. Tom Brandt, contains several changes requested by the state Department of Water, Energy and Environment, which was created last year by the merger of two agencies.

It adds the department’s Chief Water Officer or his or her designated representative to the Water Well Standards and Contractors’ Licensing Board and eliminates a public hearing requirement related to distributions from the Nebraska Litter Reduction and Recycling Fund.

The bill also allows the department to enter upon property to conduct surveys, investigations and other activities related to the siting and construction of the Perkins County Canal Project. The department must notify a landowner before entering onto their property.

As amended, LB759 also contains provisions of three other measures considered by the Natural Resources Committee this session.

The amended provisions of LB760, also sponsored by Brandt, transfer the authority to permit, license and inspect swimming pools, mobile home parks and recreation camps from the department to counties, cities, villages or local public health departments.

The measure requires local governments to adopt and enforce minimum sanitary and safety requirements for the equipment and operation of swimming pools that meet or exceed minimum requirements adopted by the department.

The amended provisions of Brandt’s LB761 increase or modify fees for four programs overseen by the department.

Water well registration and permit fees increase from $40 to $200.

Additionally, the proposal modifies the fee structure for livestock waste control facility permits. The bill requires the department to ensure that fees are adequate to meet 30% of the previous fiscal year’s program costs, rather than 20%.

Under the measure, a schedule of fees paid by hazardous waste generators will be based on an annual fee determined by the quantity of hazardous waste generated by weight or volume.

The fee schedule may not exceed the amount necessary for the department to pay for the direct and indirect costs of the regulation of hazardous waste management.

The measure also requires the department to collect application fees for National Pollutant Discharge Elimination System permits as well as annual fees for permit holders. The fees may not be more than the amount necessary to reimburse the department for administering applications or cover the cost of services provided.

The amended provisions of Brandt’s LB1076 codify the authority of the Nebraska Oil and Gas Conservation Commission to take administrative action and impose penalties for actual or threatened violations of the Nebraska Geologic Storage of Carbon Dioxide Act.

Under the measure, any person who knowingly and willfully violates any provision of the act, makes any false statement in an application or falsifies a monitoring device used for compliance is guilty of a Class I misdemeanor.

LB759 passed on a vote of 36-12 and takes effect immediately.