Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-15,307. Release of pollutant; cleanup; responsibility; liability; administrative penalty; director; powers and duties

(1) Whenever a pollutant is released, a person responsible for the release shall be responsible for the cleanup of the release.

(2) If the state responds to a release, a person responsible for the release shall be liable to the state for the reasonable cleanup costs incurred by the state.

(3) Prompt and good faith notification to the director by a person responsible for a release that such person does not have the resources or managerial capability to begin or continue cleanup activities, or make a good faith effort to clean up, does not relieve a person of liability for the cleanup costs.

(4) In determining whether to assess an administrative penalty, the director may consider any good faith efforts made by a responsible person to clean up a release or to pay cleanup costs in a timely manner.

(5) The director shall keep a record of all expenses incurred in carrying out any project or activity authorized by the Nebraska Environmental Response Act.

(6) If a responsible person fails to pay an assessment or administrative penalty ordered pursuant to section 81-15,304 or 81-15,310, the amount owed shall be recoverable in an action brought by the Attorney General in the district court of Lancaster County. An action for recovery of the amount owed may be commenced at any time after the amount owed has been incurred or becomes due, but no later than six years after completion of a cleanup. An action to enforce any other order of the director under section 81-15,304 or 81-15,310 may be commenced at any time.

(7) A person otherwise liable under the provisions of the Nebraska Environmental Response Act is not liable if the release occurred solely as the result of an act of God, an act of war, or an act of an independent third party not affiliated with or controlled by a person otherwise liable. For purposes of the Nebraska Environmental Response Act, no employee, agent, or independent contractor employed by a person otherwise liable shall be considered a third party. If multiple persons are liable under the act, liability shall be joint and several.