Nebraska Metal Scrap Statute
The State Metals Theft Laws summaries are not intended to provide or be relied as a legal advice. This material is provided to serve as a reasonable compilation of the most current state scrap laws and is intended to be a resource or supplement to, and provide ideas for, compliance with all applicable laws. The ISRI State Scrap Laws are subject to change and readers should visit http://www.isri.org/metalstheftdb to make certain they are reading the most recent version of ISRI's summaries of the State Metals Theft Laws
- Materials Covered and Other Definitions
- Exemptions
- Recordkeeping
- Retention
- Inspection
- Payment Restrictions
- Purchase Restrictions - Seller
- Beer Kegs
- Manhole Covers and Sewer Grates
- Penalties
- Preemption
Materials Covered and Other Definitions
"Regulated Metals Property" means catalytic converters; all nonferrous metal (except gold and silver); manhole covers; sewer grates; or metal beer kegs, including those kegs made of stainless steel.
"Secondary Metals Recycler" means a person, firm, or corporation engaged in gathering or obtaining regulated metals property that has served its original economic purpose, or in the business of or with facilities for converting regulated metals property into raw material products by various methods, but not including the exclusive use of hand tools.
Exemptions
The law exempts:
- Purchases of Regulated Metals Property from a commercial vendor that generates or sells regulated metals property in the ordinary course of its business;
- Beverage or food cans; or
- Recycling or neighborhood cleanup programs contracted or sponsored by the state or any political subdivision.
Recordkeeping
Recyclers shall maintain a hard copy or electronic record of all purchases of Regulated Metals Property with the following information:
- The Recycler's name and address;
- The name and signature of the individual entering the information;
- The Date and Time of the transaction;
- The weight and grade of the Regulated Metals Property;
- A description of the type made in accordance with the custom of the trade;
- The amount of consideration given, if any;
- The Vendor's name, signature, and address;
- The number from and a copy of the Deliverer's current motor vehicle operator's license, state-issued ID card, or federal government-issued ID card (photo not specified);
- A Date and Time stamped photo or video of the Regulated Metals Property;
- If the person is delivering copper or catalytic converters, the right index fingerprint of the Deliverer (or left index if the right is missing).
The Vendor shall receive at no charge a plain written or printed receipt containing a copy of the record entries required.
Retention
A Recycler shall retain the transaction record for no less than one year after the purchase.
Inspection
Any peace officer has the right to inspect any and all Purchased Regulated Property in the Recycler's possession and transaction records during usual and customary business hours.
Payment Restrictions
No cash payments totaling more than $25. Purchases made from the same person within a 4-hour period are considered a single transaction. Payment may be made only to the individual named on the identification presented for the records.
Payment for copper and catalytic converters must be by check. If the purchase total for copper is more than $100, the check must be sent by US mail, postage prepaid.
Payment for a manhole cover or sewer grate must be by draft or check and sent by US mail, postage prepaid, to the official address of the finance department of the political subdivision or to the 3rd party seller, and made payable only to said entity.
Purchase Restrictions - Seller
No Recycler may purchase or receive Regulated Metals Property from:
- A person "who is under the age of majority"; or
- A person who does not possess a valid identification as required for the records
Beer Kegs
No Recycler may purchase or receive a metal beer keg if the serial number or other identifying insignia has been destroyed, removed, altered, covered, or defaced.
Manhole Covers and Sewer Grates
No Recycler may purchase or receive a manhole cover or sewer grate except from:
- An authorized representative of the political subdivision that owns the property as evidenced by the stamping or engraving on the property, or
- A 3rd party with a legitimate bill of sale, letter of authorization, or similar from the political subdivision allowing them to possess and sell the property.
Penalties
A person violating the law is guilty of a Class II misdemeanor.
Preemption
Nothing in the law shall be construed to do away with or affect a lawful rule, regulation, resolution, ordinance, or statute which is more restrictive.