13-2041. Integrated Solid Waste Management Cash Fund; created; use; investment; application fee schedule; council; establish; permitholder; annual fee.

There is hereby created the Integrated Solid Waste Management Cash Fund. All fees collected by the department pursuant to this section, fees collected pursuant to subdivision (13)(c) of section 81-1505, fees designated pursuant to section 13-2042, or money forfeited under subsection (21) of section 81-1505 shall be remitted to the State Treasurer for credit to the fund. Forfeited funds may only be used for purposes specified in the underlying financial assurance instrument. Transfers may be made from the Integrated Solid Waste Management Cash Fund to the General Fund at the direction of the Legislature. Any money in the Integrated Solid Waste Management Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

The council shall adopt and promulgate rules and regulations establishing a fee schedule to be paid to the department by persons applying for a permit to operate a facility pursuant to the Integrated Solid Waste Management Act or the Environmental Protection Act. Payment shall be made in full to the department before the application is processed.

By October 1 of each year, any person holding a permit under the Integrated Solid Waste Management Act or to operate a solid waste management facility under the Environmental Protection Act shall pay an annual fee in an amount to be determined by the council. The annual fee shall be sufficient to cover the costs of ongoing permit considerations. The fees collected pursuant to this section shall not exceed the amount necessary to pay reasonable costs of administering the permit program pursuant to the Integrated Solid Waste Management Act or the Environmental Protection Act.

Fees collected pursuant to subdivision (13)(c) of section 81-1505 shall be used by the department to implement the rules and regulations adopted and promulgated pursuant to subsection (13) of section 81-1505.

Source:Laws 1992, LB 1257, § 41; Laws 1994, LB 1066, § 12; Laws 2006, LB 1061, § 1; Laws 2026, LB759, § 1; Laws 2026, LB1072, § 128.
Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB759, section 1, with LB1072, section 128, to reflect all amendments.
Note: Changes made by LB759 became operative July 18, 2026. Changes made by LB1072 became operative April 8, 2026.

Cross References