Nebraska Statutes 81-15,222. Release notification
(1) An owner or operator of a facility shall immediately provide notice as described in subsection (2) of this section if:
Terms Used In Nebraska Statutes 81-15,222
- Administrator: means the Administrator of the United States Environmental Protection Agency. See Nebraska Statutes 81-15,194
- Commission: means the State Emergency Response Commission. See Nebraska Statutes 81-15,195
- Environment: includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. See Nebraska Statutes 81-15,197
- Extremely hazardous substance: means a substance which meets the threshold requirements identified on the List of Extremely Hazardous Substances under 40 C. See Nebraska Statutes 81-15,198
- Facility: means the buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person which controls, is controlled by, or is under common control with such person. See Nebraska Statutes 81-15,199
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Release: means to spill, leak, pump, pour, emit, empty, discharge, inject, escape, leach, dump, or dispose any hazardous chemical, extremely hazardous substance, or toxic chemical into the environment and includes the abandonment or discarding of barrels, containers, and other closed receptacles containing any such chemical or substance. See Nebraska Statutes 81-15,206
(a) A release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored and such release requires a notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.;
(b) A release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored and such release is not subject to the notification requirements under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but only if the release:
(i) Is not a federally permitted release as defined in section 101(10) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980;
(ii) Is in an amount in excess of a quantity which the administrator has determined by regulation requires notice; and
(iii) Occurs in a manner which would require notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; or
(c) A release of a substance which is not an extremely hazardous substance occurs at a facility at which a hazardous chemical is produced, used, or stored and such release requires notification under section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
(2) Notice shall be given immediately after the release by the owner or operator of the facility by such means as telephone or radio or in person to the commission coordinator for information and to the community emergency coordinator for the local emergency planning committee for any area likely to be affected by the release. With respect to transportation of a substance subject to the requirements of this section or storage incident to such transportation, the notice shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.
(3) Notice required under this section shall include each of the following to the extent known at the time of the notice and so long as no delay in responding to the emergency results:
(a) The chemical name or identity of any substance involved in the release;
(b) An indication of whether the substance is an extremely hazardous substance;
(c) An estimate of the quantity of any such substance that was released into the environment;
(d) The time and duration of the release;
(e) The medium or media into which the release occurred;
(f) Any known or anticipated acute or chronic health risks associated with the emergency and, if appropriate, advice regarding medical attention necessary for exposed individuals;
(g) Proper precautions to take as a result of the release, including evacuation, unless such information is readily available to the community emergency coordinator pursuant to the emergency plan; and
(h) The name and telephone number of the person or persons to be contacted for further information.
(4) As soon as practicable after a release which requires notice and as more information becomes available, such owner or operator shall provide a written followup emergency notice or notices setting forth and updating the information required under subsection (3) of this section and including additional information with respect to:
(a) Actions taken to respond to and contain the release;
(b) Any known or anticipated acute or chronic health risks associated with the release; and
(c) If appropriate, advice regarding medical attention necessary for exposed individuals.
(5) This section does not apply to any release which results in exposure to persons solely within the site or sites on which a facility is located. The exemption provided in section 81-15,227 relating to transportation does not apply to this section.
(6) For purposes of this section, facility also includes motor vehicles, rolling stock, and aircraft.