Current through November 25, 2023
002.01 It shall be
the duty of any responsible person to notify the Department of any release or
suspected release of an oil or hazardous substance, in the following manner:
002.01A Immediate notification is required
regardless of the quantity of an oil or hazardous substance release which
occurs beneath the surface of the land or impacts or threatens waters of the
state or threatens the public health and welfare.
002.01B Immediate notification is required of
a release upon the surface of the land of an oil in a quantity that exceeds 25
gallons, or of a hazardous substance which equals or exceeds 100 pounds or its
reportable quantity under Section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 as amended (40 CFR Part 302)
and Section 329(3) of the Emergency Planning and Community Right-to-Know Act of
1986 (40 CFR Part 355), whichever is less.
002.01B1 Notification is not required for a
release under this subsection if either of the following conditions are met:
002.01B1a The release is confined and
expected to stay confined within a building or otherwise wholly enclosed
structure, owned by the responsible party, in which the floors and walls are of
non-earthen materials which are adequately impervious to the released
substance(s) and is cleaned up within 24 hours of its discovery, or
002.01B1b The release is in compliance with
conditions established in State statutes, regulations or permits.
002.01C Notification is
not required for any release upon the surface of the land of oil or hazardous
substance that does not exceed the reportable quantities in
002.01B above and which will not constitute a threat
to public health and welfare, the environment, or a threat of entering the
waters of the state and provided that the release is cleaned up.
002.01D The Department retains full
authority to require further actions of the responsible party although the
release or suspected release is not reportable under the above
subsections.
002.02
Notification shall be made by telephone to the Department during office hours,
from 8:00 a.m. to 5:00 p.m. Monday through Friday. After hours and holidays,
reports shall be made to the Nebraska State Patrol. All information known about
the release at the time of discovery is to be included, such as time of
occurrence, quantity and type of material, location and any corrective or
cleanup actions presently being taken.
002.03 After notification of the release has
been made to the Department, the Department may require interim reports until
any required remedial action has been completed.
002.04 The Department may require a written
final report for all releases of an oil or hazardous substance within 15 days
after remedial action has been completed, or, if no remedial action occurs,
within 15 days of the release, or in such other reasonable time period as the
Department shall determine. These reports shall contain, at a minimum, the
following information:
002.04A Date, time and
duration of the release;
002.04B
Location of release;
002.04C Person
or persons causing and responsible for the release;
002.04D Type and amount of oil or hazardous
substance released;
002.04E Cause
of the release;
002.04F
Environmental damage caused by the release;
002.04G Actions taken to respond, contain and
clean up the release;
002.04H
Location and method of ultimate disposal of the oil or hazardous substance and
other contaminated materials;
002.04I Actions being taken to prevent a
reoccurrence of the release;
002.04J Any known or anticipated acute or
chronic health risks associated with the release; and
002.04K When appropriate, advice regarding
medical attention necessary for exposed individuals.
002.05 Compliance with the reporting
requirements of the Department does not relieve the responsible person from
reporting requirements of other government agencies, either State or
Federal.
