Article 21: Special Proceedings and Actions · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section shields a person who voluntarily discloses and corrects an environmental violation from civil penalties once the regulator approves the correction, unless the disclosure was late, insincere, uncooperative, willful, or tied to a violation seriously harming public health or the environment.
Full Text of § 25-21,261
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(1) If disclosure is made pursuant to section 25-21,260 and the agency having regulatory authority has approved the action taken or the schedule to achieve compliance, as appropriate, which approval shall not be unreasonably withheld, the person is not liable for civil penalties unless (a) the disclosure was not made within sixty days after knowledge of the information disclosed was obtained by the person and was not disclosed to the agency having regulatory authority prior to the agency having knowledge of the violation contained in the disclosure, (b) the disclosure did not arise out of a voluntary self-evaluation, (c) the person making the disclosure did not initiate the appropriate efforts to achieve compliance, did not pursue compliance with due diligence, and did not correct the noncompliance as
soon as reasonably practicable after discovery of the violation during the course of the environmental audit, (d) the person making the disclosure did not cooperate with the agency having regulatory authority with regard to the violation disclosed regarding investigation of the issues identified in the disclosure, (e) the violation was due to a lack of good faith efforts to understand or comply with environmental requirements, (f) the violation was knowing and willful, or (g) the violation would likely result or has resulted in significant adverse impact on the public health or the environment. If the noncompliance under subdivision (c) of this subsection is the failure to obtain a permit, appropriate efforts to correct the noncompliance may be demonstrated by the submission of a complete permit application within a reasonable time and a permit for such activities is subsequently issued by the agency.
(2) This section does not apply to violations of the terms of any agreement entered into or court order or administrative order issued pursuant to an environmental requirement, including, but not limited to, consent decrees or plea agreements.
(3) This section does not preclude the agency having regulatory authority from seeking the recovery of any economic benefit resulting from noncompliance with an environmental requirement.
(4) For purposes of this section, (a) if a person is required, under an environmental requirement, under a specific permit condition, or under an order issued by the agency, to make a disclosure to an agency having regulatory authority with regard to the violation disclosed, the disclosure is not voluntary with respect to that agency, and (b) repeat violations or closely related additional violations within five years after a previous violation shall be prima facie evidence of a lack of good faith efforts to comply with environmental requirements.
Source
Laws 1998, LB 395, § 8.
Plain-English Summary
Section 25-21,261 delivers on the promise behind a disclosure made under section 25-21,260. If the disclosure is made and the regulating agency approves the corrective action taken or the compliance schedule proposed — approval the agency cannot unreasonably withhold — the disclosing person is not liable for civil penalties. That protection, though, comes with seven disqualifiers. It does not apply if the disclosure came more than sixty days after the person learned the information, and was not made before the agency independently learned of the violation; if the disclosure did not arise from a voluntary self-evaluation; if the person failed to pursue compliance with due diligence or correct the problem as soon as reasonably practicable; if the person failed to cooperate with the agency’s investigation of the disclosed issues; if the violation stemmed from a lack of good-faith effort to understand or comply with environmental requirements; if the violation was knowing and willful; or if it would likely cause, or has caused, a significant adverse impact on public health or the environment.
Where the noncompliance is a missed permit, the person can still show appropriate corrective effort by submitting a complete application within a reasonable time and later obtaining the permit. The protection does not extend to violations of a court order, consent decree, plea agreement, or administrative order tied to an environmental requirement, and it does not stop a regulator from recovering whatever economic benefit the person gained from noncompliance.
Two closing rules shape how the protection applies going forward. A disclosure is not “voluntary” with respect to an agency if the person was already required — by an environmental requirement, a permit condition, or an agency order — to make that disclosure to that agency. And repeat violations, or closely related additional violations, within five years of an earlier violation count as evidence of a lack of good-faith compliance effort, which can work against the person on any future disclosure.
Frequently Asked Questions
How soon must a disclosure be made to qualify for civil-penalty protection?
Within sixty days after the person learned the information disclosed, and before the agency independently learned of the violation.
What disqualifies a person from penalty immunity even after disclosing?
A late disclosure, a disclosure that did not arise from a genuine voluntary self-evaluation, failure to pursue compliance with due diligence or correct the problem promptly, failure to cooperate with the agency’s investigation, lack of good-faith compliance effort, a knowing and willful violation, or a violation causing significant harm to public health or the environment.
Does this protect a violation of a consent decree or court order?
No. The section does not apply to violations of the terms of an agreement, court order, or administrative order issued under an environmental requirement, including consent decrees and plea agreements.
Can the state still recover money saved by not complying?
Yes. The section does not stop the agency from seeking recovery of any economic benefit resulting from the noncompliance.
What if I disclose a violation but never fix it?
The protection depends on pursuing compliance with due diligence and correcting the noncompliance as soon as reasonably practicable; failing to do so removes the immunity.
Does a repeat violation within five years hurt me?
Yes. Repeat violations, or closely related additional violations, within five years of a previous violation count as prima facie evidence of a lack of good-faith effort to comply with environmental requirements.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:nebraska voluntary disclosure civil penalty immunity60 day environmental disclosure rule nebraskaself-disclosure environmental violation penalty relieflosing voluntary disclosure protection nebraskarepeat environmental violation penalty nebraska