Codebook for Nebraska Local
Laws: Air Pollution and
Nuisance Control - Air
Pollution
Prepared by LawAtlas Legal Team
April 2015
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NEBRASKA LOCAL LAWS: AIR POLLUTION AND NUISANCE
CONTROL - AIR POLLUTION
April 2015
Codebook
This codebook describes the variables in a dataset that examines variation in local laws
regulating regulating Omaha's local health department's powers and duties. This dataset
is current through May 1, 2015. The jurisdiction selected for measurement is Douglas
County, Omaha.
There are six standard variables in every LawAtlas dataset. They are:
ID:
An identification code generated by the LawAtlas Workbench.
FIPS CODE:
The Federal Information Processing Standard (FIPS) codes are a standardized set of
numeric codes issued by the National Institute of Standards and Technology to ensure
uniform identification of geographic entities through all federal government agencies.
JURISDICTION:
This is a dropdown selection in each coding form. It includes the jurisdictions coded in the
dataset.
EFFECTIVE DATE:
This date (MM/DD/YYYY) is the most recent effective date of the legal text captured for
this place. The effective date represents the date the policy coded was put into effect.
VALID THROUGH DATE:
This date (MM/DD/YYYY) is the last date the policy was in effect as reflected by the legal
text captured to code this policy.
LEGAL TEXT:
This is a text box that captures all legal text relevant to the coding questions. This will not
download into Microsoft Excel.
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Questions
Question 1:
Is there a local law regulating air quality?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Regulation
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 2:
Who is responsible for enforcing the local air pollution laws?
Question Type:
Categorical - mutually exclusive
Variable Name:
AQ_Duty
Variable Values: 1, 2
Value Label:
1 = The local health department
Value Label:
2 = Public Works Department
Question 3:
Must a permit be issued before a person can receive a building permit?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_BuildingPermit
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 4:
Must a permit be issued in order to install residential incinerators?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Incinerators
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 5:
Does the local law explicitly prohibit odorous emissions?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Prohibition
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 6:
How is a violation established?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Violation_Complaint from the local health department
Variable Values: 0, 1
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Value Label:
0 = No
Value Label:
1 = Yes
Question 7:
How is a violation established?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Violation_Three or more complaints from unrelated people within a 30 day period to the Health Department
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 8:
Does the local law contain an exception for animal confinement and feeding operations?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Lawful
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 9:
When are odorous emissions from animal confinement and feeding operations lawful?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Animals_The owner or operator has used reasonable techniques to minimize odor
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 10:
When are odorous emissions from animal confinement and feeding operations lawful?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Animals_Operation is in compliance with regulations
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 11:
When are odorous emissions from animal confinement and feeding operations lawful?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Animals_Complaint is filed by person not in lawful possession of the land affected by the odor
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 12:
When are odorous emissions from animal confinement and feeding operations lawful?
Question Type:
Binary - mutually exclusive
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Variable Name:
AQ_Animals_Complaint filed by a person who gained possession of the land after the owner or operator began
lawful operation
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 13:
Is air pollution considered a public nuisance?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Nuisance
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 14:
Does the local law explicitly prohibit someone from openly burning refuse or salvage material within city limits?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_CityLimits
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 15:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires set in structures for cooking
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 16:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires set in structures for warmth
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 17:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires less than eight cubic feet in size that are used for cooking or ceremonial purposes
Variable Values: 0, 1
Value Label:
0 = No
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Value Label:
1 = Yes
Question 18:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires less than eight cubic feet in size that are used for cooking or ceremonial purposes with a
permit
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 19:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires for land clearance projects with a permit
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 20:
Are there any exceptions regarding burning of refuse or salvage material?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Exceptions_Fires approved by the Health Department
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 21:
What burning activities cannot take place within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Burning_Burn garbage or salvage material
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 22:
What burning activities cannot take place within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Burning_Open burning where smoke travels onto any street, road or highway and obscures vision
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 23:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
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Variable Name:
AQ_Accelerants_Gasoline
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 24:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Diesel oil
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 25:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Heavy oil
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 26:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Solvents
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 27:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Other flammable petroleum products
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 28:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Treated wood of any kind
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
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Question 29:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Plastic or items containing plastic
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 30:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Rubber or asphalt products
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 31:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Material being burned in order to salvage all or part of it
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 32:
What products cannot be used as incineration or acceleration materials within city limits plus three miles?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Accelerants_Chemical material which produces toxic smoke or fumes
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 33:
Must a person conducting an open burning be present at all times when the burning occurs?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Presence
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 34:
How long must a person remain at the site?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Duration_No smoldering embers
Variable Values: 0, 1
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Value Label:
0 = No
Value Label:
1 = Yes
Question 35:
How long must a person remain at the site?
Question Type:
Binary - mutually exclusive
Variable Name:
AQ_Duration_Fire has been completely extinguished
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 36:
Who can apply for an open burning permit?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Permit_Any person
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 37:
If an open burning occurs on property a person owns, controls, or occupies, is that person responsible for the
burning?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Responsibility
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 38:
What must be provided in the written application?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Application_Reasons why open burning is the only practical method to dispose refuse
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 39:
What must be provided in the written application?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Application_Amount and kind of refuse to be burned
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 40:
What must be provided in the written application?
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Question Type:
Categorical - check all that apply
Variable Name:
AQ_Application_Exact location where burning will occur
10
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 41:
What must be provided in the written application?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Application_Dates or days of burning
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
Question 42:
What must be provided in the written application?
Question Type:
Categorical - check all that apply
Variable Name:
AQ_Application_Daily permit fee if industrial or commercial business
Variable Values: 0, 1
Value Label:
0 = No
Value Label:
1 = Yes
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