A provision in LB759 shifts where hazardous waste fees go and opens the door to higher costs for generators and facility operators.
Most Nebraska manufacturers know they pay hazardous waste fees based on the amount of waste they generate. What many don't realize: a provision buried in LB759 changes where those fees are credited—and potentially how much they'll pay.
Under Section 13 of LB759 (which amends §81-1505(13)(c)), hazardous waste fees paid by generators and facility operators are now credited to the Integrated Solid Waste Management Cash Fund instead of the General Fund. This isn't just an accounting shift.
The same provision clarifies that the fee schedule "must be sufficient to cover the direct and indirect costs of hazardous waste regulation." That language matters: it creates a legal basis for the Department of Environment, Energy and Natural Resources to adjust fees upward if current collections don't cover actual regulatory costs.
This applies directly to:
If your operation produces or manages hazardous materials—from metal finishing to chemical manufacturing to electronics assembly—this affects your compliance costs.
The redirection to a dedicated solid waste fund ties hazardous waste fees directly to the costs of administering that program. Previously, fees flowed into the General Fund, which could absorb or offset costs differently. Now, the department has clearer authority to set fees based on actual program expenses.
The "sufficient to cover direct and indirect costs" language is the key risk. If the department determines current fees don't fully cover regulation—inspections, permitting, enforcement, administration—they have grounds to propose increases. Manufacturers should monitor any future fee proposals from the department.
Section 13 becomes operative three calendar months after adjournment of the 2026 legislative session. That gives manufacturers time to understand the change before it takes effect, but not years of notice.
LB759 also includes emergency effective provisions for other sections, though the hazardous waste fee provision follows the standard three-month timeline.
Review your current hazardous waste fee obligations and budget assumptions. Track your waste generation and disposal costs. When the 2026 session adjourns, watch for any Department of Environment, Energy and Natural Resources guidance on fee schedules under the new structure. If you're part of a trade association, consider coordinating with other generators on fee impacts.
This isn't a crisis, but it's a real change that affects your bottom line. Understanding it now means fewer surprises later.
Source: Nebraska LB759, Section 13 (amending §81-1505(13)(c)), Page 10. For a free, detailed summary of LB759 provisions affecting your industry, contact your local manufacturing or trade association.