Current through September 17, 2024
Section 126-18-002 - Release Notification Requirements002.01 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, or002.01B1b 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; and002.04K 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.126 Neb. Admin. Code, ch. 18, § 002