Monday, January 4, 2010

NDEQ Environmental Permits Now Require Proof of Legal Status

The Nebraska Department of Environmental Quality (NDEQ) now requires that applicants for environmental permits (air emissions, wastewater, stormwater, etc) provide an attestation form certifying that they are in the U.S. legally.

On April 8, 2009, the Governor signed into law Legislative Bill 403 (LB 403). This law (effective October 1, 2009) requires state agencies to verify the lawful presence in the United States of any person who has applied for public benefits that are administered by that agency. For the purposes of the law, public benefits are defined to mean “any grant, contract, loan, professional license, commercial license . . . or any other similar benefit” provided by a governmental agency. This includes the professional certifications, permits, and approvals issued by the NDEQ.

Applications for State issued permits must include the Attestation Form. Failure to complete and submit the Attestation Form will delay processing of the application.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing compliance procedures, and preparing cost-effective compliance management programs.

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