Title 200 Reimbursement Reduction Guidance Introduction
The Petroleum Release Remedial Action Act (Neb. Rev. Stat. §66-1501 to §66-1531) created a program that reimburses costs to investigate and cleanup petroleum released from underground and aboveground storage tank systems. Operating the tank system in compliance with applicable rules and regulations of the United States Environmental Protection Agency (EPA), the State Fire Marshal (SFM), and the Nebraska Department of Environment and Energy (NDEE) is key to preventing releases or detecting releases quickly. Reimbursements may be reduced as much as one hundred percent for failure by the responsible person (RP) to comply with these requirements, pursuant to Neb. Rev. Stat. §66-1525. This statute directs the NDEE to take into consideration:
a) The extent and reasons for non-compliance;
b) The likely environmental impact of the non-compliance; and
c) Whether non-compliance was negligent, knowing, or willful.
These guidelines were developed for purposes of consistency when calculating reductions. The statutorily required considerations were taken into account when selecting the categories, the size of potential reductions, and limits for each. Reductions are calculated as a percentage of the reimbursement amount up to a maximum limit unless otherwise noted.
When the NDEE makes a determination of non-compliance, the RP will be notified of the decision via certified letter. Reimbursements to the RP under Title 200 will then be reduced by the specified percentage up to a maximum dollar amount based on the circumstances and extent of non-compliance. Non-compliance reductions decrease the maximum amount reimbursable for remedial actions under Neb. Rev. Stat. §66-1523. Additionally, the RP is responsible for the amount of any reductions pursuant to Title 200, Chapter 1, Section 010.
An RP has the right to formally petition the NDEE for review of the non-compliance determination. However, according to regulation (Title 200, Chapter 1, Section 012), you have only thirty days from receipt of NDEE’s official notification to file your petition with the Director of NDEE in the format specified in Title 53, Chapter 4, Section 004.04 of the Nebraska Administrative Code. The petition will then be heard as a contested case pursuant to Title 115. Title 115 is available on the agency web page http://dee.ne.gov
This document updates earlier versions of the Reimbursement Reduction Guidance and reflects various regulatory and program changes. This revised guidance applies to Title 200 Applications received November 1, 2021 and later.