13-2042.01 Landfill disposal fee; rebate to municipality or county; application; Department of Environmental Quality; materiel division of Department of Administrative Services; municipality; county;
13-2042.01. Landfill disposalfee; rebate to municipality or county; application; Department of EnvironmentalQuality; materiel division of Department of Administrative Services; municipality;county; duties; suspension or denial of rebate; appeal; rules and regulations.(1) The Department of Environmental Quality shall rebate tothe municipality or county of origin ten cents of the disposal fee requiredby section 13-2042 for solid waste disposedof at landfills regulated by the department ortransported for disposal out of state from a solid waste processing facilityholding a permit under the Integrated Solid Waste Management Act and whensuch solid waste originated in a municipality or county with apurchasing policy approved by the department. The fee shall be rebated ona schedule agreed upon between the municipality or county and the department.The schedule shall be no more often than quarterly and no less often thanannually.(2) Any municipality or county may apply to the departmentfor the rebate authorized in subsection (1) of this section if the municipalityor county has a written purchasing policy in effect requiring a preferencefor purchasing products, materials, or supplies which are manufactured orproduced from recycled material. The policy shall provide that the preferenceshall not operate when it would result in the purchase of products, materials,or supplies which are of inadequate quality as determined by the municipalityor county. Upon receipt of an application, the Department of EnvironmentalQuality shall submit the application to the materiel division of the Departmentof Administrative Services for review. The materiel division shall reviewthe application for compliance with this section and any rules and regulationsadopted pursuant to this section and to determine the probable effectivenessin assuring that a preference is given to products, materials, or supplieswhich are manufactured or produced from recycled material. The materiel divisionshall provide a report of its findings to the Department of EnvironmentalQuality within thirty days after receiving the review request. The Departmentof Environmental Quality shall approve the application or suggest modificationsto the application within sixty days after receiving the application basedon the materiel division's report, any analysis by the Department of EnvironmentalQuality, and any factors affecting compliance with this section or the rulesand regulations adopted pursuant to this section.(3) A municipality or county shall file a report complyingwith the rules and regulations adopted pursuant to this section with the Departmentof Environmental Quality before April 1 of each year documenting purchasingpractices for the past calendar year in order to continue receiving the rebate.The report shall include, but not be limited to, quantities of products, materials,or supplies purchased which were manufactured or produced from recycled material.The department shall provide copies of each report to the materiel divisionin a timely manner. If the department determines that a municipality or countyis not following the purchasing policy presented in the approved applicationor that the purchasing policy presented in the approved application is noteffective in assuring that a preference is given to products, materials, orsupplies which are manufactured or produced from recycled material, the departmentshall suspend the rebate until it determines that the municipality or countyis giving a preference to products, materials, or supplies which are manufacturedor produced from recycled material pursuant to a written purchasing policyapproved by the department subsequent to the suspension. The materiel divisionmay make recommendations to the department regarding suspensions and reinstatementsof rebates. The Department of Administrative Services may adopt and promulgaterules and regulations establishing procedures for reviewing applications andfor annual reports.(4) Any suspension of the rebate or denial of an applicationmade under this section may be appealed. The appeal shall be in accordancewith the Administrative Procedure Act.(5) The council shall adopt and promulgate rules and regulationsestablishing criteria for application procedures, for accepting and denyingapplications, for required reports, and for suspending and reinstating therebate. The materiel division shall recommend to the council criteria foraccepting and denying applications and for suspending and reinstating therebate. The materiel division may make other recommendations to the councilregarding rules and regulations authorized under this section. SourceLaws 1994, LB 1207, § 3; Laws 2009, LB180, § 1; Laws 2010, LB696, § 2.Effective Date: July 15, 2010 Cross ReferencesAdministrative Procedure Act, see section 84-920.