No action may be commenced under section 81-15,230 against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty under Title III with respect to the violation of the requirement.

Terms Used In Nebraska Statutes 81-15,232

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Administrator: means the Administrator of the United States Environmental Protection Agency. See Nebraska Statutes 81-15,194
  • 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
  • Title III: means the Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. See Nebraska Statutes 81-15,208