Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 13 - FINANCIAL RESPONSIBILITY
Section 122-13-011 - Forfeiture of Financial Assurance
Universal Citation: 122 NE Admin Rules and Regs ch 13 ยง 011
Current through March 20, 2024
011.01 The Director shall declare all or any appropriate part of financial assurance for any permit as forfeited if he or she determines that:
011.01A The owner or operator has violated
any of the terms or conditions of its permit and/or financial assurance and has
failed to take adequate corrective action; or
011.01B The owner or operator has failed to
conduct its operations in accordance with the Nebraska Environmental Protection
Act, these regulations and the permit within the time required, and that it is
necessary, in order to fulfill the requirements of the permit and any
restoration, plugging or abandonment, to have someone other than the owner or
operator correct or complete such work.
011.02 The Director may withhold declaration of forfeiture if the owner or operator and surety, escrow agent, or other person responsible for financial assurance agree to a compliance schedule to comply with the violations of the financial assurance or permit conditions.
011.03 In the event a determination to forfeit financial assurance is made, the Director shall:
011.03A Send written notification by
certified mail, return receipt requested, to the owner or operator and the
surety, escrow agent, or other person responsible for financial assurance of
the Director's determination to forfeit all or part of the financial assurance
and the reasons for the forfeiture, including a finding of the amount to be
forfeited;
011.03B The owner or
operator may request a hearing on the issue of whether the financial assurance,
or part thereof, shall be forfeited in accordance with the procedures specified
in Neb. Rev. Stat. §§
81-1507(1)(2)
and Title 115 of the Department's Rules of Practice and Procedure.
011.03C An appeal from a final decision of
the Director shall be in accordance with Neb. Rev. Stat. §§
81-1509.
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