Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL
Chapter 7 - FINANCIAL RESPONSIBILITY
Section 135-7-005 - Forfeiture of Bonds

Universal Citation: 135 NE Admin Rules and Regs ch 7 ยง 005

Current through March 20, 2024

005.01 The Director shall declare all or any appropriate part of a bond for any permit as forfeited if the Department determines that:

005.01A The permittee has violated any of the terms or condiitons of the bond and has failed to take adequate corrective action; or

005.01B The permittee has failed to conduct its operations in accordance with the Nebraska Environmental Protection Act, these regulations and the permit within the time period required, and that it is necessary, in order to fulfill the requirements of the permit and any restoration, to have someone other than the permittee correct or complete such work.

005.02 The Director may withhold declaration of forfeiture if the permittee and surety, if any, agree to a compliance schedule to comply with the violations of the bond or permit conditions.

005.03 In the event a determination to forfeit bond is made, the Director shall:

005.03A Send written notification by certified mail, return receipt requested, to the permittee and the surety, if any, on the bond, of the Department's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited;

005.03B The permittee may request a hearing on the issue of whether the bond shall be forfeited in accordance with the procedures specified in Neb. Rev. Stat. §§ 8101507(1)(2) and Title 115 of the Department's Rules of Practice and Procedure.

005.03C An appeal from a final decision of the Director shall be in accordance with Neb. Rev. Stat. §§ 81-1509.

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