Nebraska § 57-1625 - Act, rule, regulation, order, or permit; violation; civil penalty; disciplinary action; other order; procedure.

§ 57-1625. Act, rule, regulation, order, or permit; violation; civil penalty; disciplinary action; other order; procedure.

(1) In addition to the penalties prescribed in sections 57-1620 and 57-1626, whenever it appears that any person is violating or threatening to violate any provision of the Nebraska Geologic Storage of Carbon Dioxide Act, any rule, regulation, or order of the commission, or any term, condition, or limitation of any permit issued pursuant to such act, rule, regulation, or order, such person may be subject to a civil penalty imposed by the commission. The civil penalty shall be at least two thousand five hundred dollars per day, not to exceed ten thousand dollars per day.

(2) Proceedings before the commission may be instituted upon motion by the commission or by any interested person to:

(a) Assess or recover civil penalties;

(b) Revoke, suspend, modify, or limit any permit issued by the commission to such person; or

(c) Impose by order such other conditions as the commission determines appropriate.

(3) The commission shall establish and maintain procedures for receiving and ensuring proper consideration of information received from the public about violations of any provision of the act or any rule, regulation, or order of the commission.

(4) No civil penalty shall be imposed until written notice is sent pursuant to subsection (5) of this section and a period of ten days has elapsed in which the person may come into compliance if possible. If any violation is a continuing one, each day a violation continues after such ten-day period shall constitute a separate violation for the purpose of computing the applicable civil penalty and the amount of the penalty shall be based on the severity of the violation. Civil penalties assessed, sought, or agreed upon by the commission under this subsection shall be appropriate to the violation considering the factors listed in subsection (6) of section 57-1620. The commission may compromise, mitigate, or remit such penalties.

(5) Whenever the commission intends to impose a civil penalty under this section, the commission shall notify the person in writing (a) setting forth the date, facts, and nature of each violation with which the person is charged, (b) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or permit involved in the violation, and (c) specifying the amount of each penalty which the commission intends to impose. Such written notice shall be sent by registered or certified mail to the last-known address of such person. The notice shall also advise such person of his or her right to a hearing and that failure to pay any civil penalty subsequently imposed by the commission will result in a civil action by the commission to collect such penalty. The person so notified may, within thirty days of receipt of such notice, submit a written request for a hearing to review any penalty to be imposed by the commission. A hearing shall be held in accordance with the Administrative Procedure Act, and any person upon whom a civil penalty is subsequently imposed may appeal such penalty pursuant to such act. On the request of the commission, the Attorney General or county attorney may institute a civil action to collect a penalty imposed pursuant to this section.

(6) The commission shall, within thirty days from receipt, remit any collected civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. Any civil penalty assessed under this section that remains unpaid for more than sixty days after the issuance of the decision of the commission shall constitute a debt to the state which may be collected in the same manner as a lien foreclosure or sued for and recovered in any proper form of action in the name of the state in the district court of the county in which the person resides or owns property.