March 11th was the first round approval by lawmakers for a bill that would allow a state agency to respond faster to pollution releases.
LB1102, introduced in Sen. Bruce BostelmanBrainard would give the authority to the director of the state Department of Environment and Energy, to issue an order requiring the person responsible for releasing the pollutant to clean up the area or take appropriate action if the person fails or refuses.
If the state does not respond to a release, then the responsible person would be liable for any cleanup costs. The lien would become a lien on any real estate owned by the person that is subject to or affected in the cleanup.
LB1102 would also authorize the director of the Environment and Public Safety to issue a cease & desist order if he or she finds that a person is causing or could cause substantial harm to our environment. An administrative penalty of up $5,000 per day could be imposed for each violation.
Bostelman stated that the CDO is designed to quickly stop situations that could pose a threat to others or to prevent them from becoming worse. CDOs could also work in non-emergency settings, rather than waiting for emergencies to develop.
Finally, LB1102 would give the director the authority to allow another person, entity, and responsible person to address site conditions voluntarily under Remedial Action Plan Monitoring Act. Instead of issuing a cleanup or order. The bill as it stands would allow the director waiver of requirements for voluntary remediation.
Under a Natural Resources CommitteeAmendment, adopted 40-0. Director could not waive these requirements.
Bostelman explained that the amendment would clarify that the requirements of the bills would apply to individuals, businesses and other entities that are responsible for a release. Additionally, that a cleanup must be in compliance with federal and state environmental standards. It would also clarify that pollutants refer to substances that are harmful for plant and animal life.
The amendment would also require that the state treasurer transfers $300,000.00 from state general fund to a cash fund that the department could use to pay cleanup expenses and recover funds.
John Cavanaugh, Omaha Senator, supported the bill. He said that LB1102, and its interim study, led to its introduction was a response for weaknesses in the states regulatory system revealed by past polluting events, such as the one at AltEn ethanol plants near Mead.
Cavanaugh stated that the bill was intended to give the department tools to address future events, while also giving it the discretion to act.
You want to make [the language]He said that we are not forcing the agency to act when it is not necessary. This is a difficult task.
Bellevue Senator Carol Blood also supported the bill, but said it would not be enough to prevent future pollution events or correct regulatory gaps that led the release at AltEn.
LB1102 moved to select file by a vote of 40-0
