This text of Nebraska § 71-5304.01 (Violations; administrative orders;
director; emergency powers; hearing; administrative penalties) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)Whenever the director has reason to believe that a violation of
any provision of the Nebraska Safe Drinking Water Act, any rule or regulation
adopted and promulgated under such act, or any term of a variance or exemption
issued pursuant to section 71-5310 has occurred, he or she may cause an administrative
order to be served upon the permittee or permittees alleged to be in violation.
Such order shall specify the violation and the facts alleged to constitute
a violation and shall order that necessary corrective action be taken within
a reasonable time to be prescribed in such order. Any such order shall become
final unless the permittee or permittees named in the order request in writing
a hearing before the director no later than thirty days after the date such
order is served. In l
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(1) Whenever the director has reason to believe that a violation of
any provision of the Nebraska Safe Drinking Water Act, any rule or regulation
adopted and promulgated under such act, or any term of a variance or exemption
issued pursuant to section 71-5310 has occurred, he or she may cause an administrative
order to be served upon the permittee or permittees alleged to be in violation.
Such order shall specify the violation and the facts alleged to constitute
a violation and shall order that necessary corrective action be taken within
a reasonable time to be prescribed in such order. Any such order shall become
final unless the permittee or permittees named in the order request in writing
a hearing before the director no later than thirty days after the date such
order is served. In lieu of such order, the director may require that the
permittee or permittees appear before the director at a time and place specified
in the notice and answer the charges. The notice shall be served on the permittee
or permittees alleged to be in violation not less than thirty days before
the time set for the hearing.
(2) Whenever the director finds that an emergency exists requiring immediate
action to protect the public health and welfare concerning a material which
is determined by the director to be harmful or potentially harmful to human
health, the director may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action be taken
as the director deems necessary to meet the emergency. Such order shall be
effective immediately. Any person to whom such order is directed shall comply
immediately and, on written application to the director, shall be afforded
a hearing as soon as possible and not later than ten days after receipt of
such application by such affected person. On the basis of such hearing, the
director shall continue such order in effect, revoke it, or modify it.
(3) The director shall afford to the alleged violator an opportunity
for a fair hearing before the director under the Administrative Procedure
Act.
(4) In addition to any other remedy provided by law, the director may
issue an order assessing an administrative penalty upon a violator.
(5) The range of administrative penalties assessed under this section
for a public water system serving ten thousand or more persons shall be not
less than one thousand dollars per day or part thereof for each violation,
not to exceed twenty-five thousand dollars in the aggregate. Administrative
penalties for a public water system serving fewer than
ten thousand persons shall be not more than five hundred dollars
per day or part thereof for each violation, not to exceed five thousand dollars
in the aggregate. In determining the amount of the administrative penalty,
the department shall take into consideration all relevant circumstances, including,
but not limited to, the harm or potential harm which the violation causes
or may cause, the violator's previous compliance record, the nature and persistence
of the violation, any corrective actions taken, and any other factors which
the department may reasonably deem relevant. The administrative penalty assessment
shall state specific amounts to be paid for each violation identified in the
order.
(6) An administrative penalty shall be paid within sixty days after
the date of issuance of the order assessing the penalty. Any person who fails
to pay an administrative penalty by the final due date shall be liable to
the state for the penalty amount plus any statutory interest rate applicable
to judgments. An order under this section imposing an administrative penalty
may be appealed to the director in the manner provided for in subsection (1)
of this section. Any administrative penalty paid pursuant to this section
shall be remitted to the State Treasurer for distribution in accordance with
Article VII, section 5, of the Constitution of Nebraska. An action may be
brought in the appropriate court to collect any unpaid administrative penalty
and for attorney's fees and costs incurred directly in the collection of the
penalty.