Occupational Board Reform Act

General Information

Committee of Jurisdiction:Natural Resources
Occupation Regulated:Private Onsite Wastewater Treatment System Professionals
Occupational Board:There is no occupational board for this profession. This certification program is administered by the Nebraska Department of Environment and Energy.
Contact:Brad Pracheil, 402-471-4141, brad.pracheil@nebraska.gov
Purpose:Protect the air, water, and land of the State through certification and regulation of onsite wastewater treatment system professionals. Prior to enactment of the legislation, Lancaster and Douglas counties had certification requirements for onsite wastewater professionals. Through the legislation, the state established state-wide minimum certification requirements.
Regulated Professionals:469
Year Created:2003
Year Active:2004
Sunset Date:None

Authorization

Statutory Authorization:Neb. Rev. Stat. 81-15,236 to 81-15,253. Regulation: NAC Title 124
Parent Agency:Nebraska Department of Environment and Energy

Membership

Number of Members:
Who Appoints:
Legislative Approval:
Qualifications of Members:
Per Diem:
Expense Reimbursement:
Term Length:
Terms Rotate or Expire at Once:

Meetings

Required FY 2024-2023:0
Held FY 2024-2023:0
Required FY 2023-2022:0
Held FY 2023-2022:0
Required FY 2022-2021:0
Held FY 2022-2021:0
Required FY 2021-2020:0
Held FY 2021-2020:0
Required FY 2020-2019:0
Held FY 2020-2019:0

Operations

Support Staff:Staff assistant, 0.75 FTE; Program Specialist, 2 FTE; Section Supervisor, 0.5 FTE
Shared or Separate:Supervisor & staff support onsite wastewater professional cert and operator cert + other duties
FY 2024-2023 Budget:265138
FY 2023-2022 Budget:258219
FY 2022-2021 Budget:262713
FY 2021-2020 Budget:304431
FY 2020-2019 Budget:449395
Other Funding Sources:Entirely fee funded
Spending Authority:Collection of fees is Neb. Rev. Stat. 81-15,284.01; cash funds are 81-15,250 and 81-12,250.01.

Other

Government Certificates Issued:545
Issued Certificate Descriptions:There is no occupation board. The certification expires on December 31 of each odd numbered year, many of the certifications issued are renewals.
Government Certificates Revoked:0
Revoked Certificate Descriptions:NA
Government Certificates Denied:0
Denied Certificate Descriptions:None. There is no occupational board. To obtain a certification the individual must pay the fee and pass the exam. The past two years the Department has administered 281 exams for FY 2023 and FY2022, with a pass rate of 61%. The historical pass rate is similar. If an individual fails an exam three times they must obtain six hours of approved continuing education prior to re-examination.
Government Certificates Penalties Against:0
Penalty Certificate Descriptions:No penalty in last 5 years. There is no occupational board. The Department refers enforcement cases to the Attorney General’s Office.
Explanation of Effectiveness:https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1725374009.pdf
Potential HarmNearly all rural homes rely on an onsite wastewater system for treatment of household wastewater. It is the ultimately the responsibility of the land owner to ensure onsite wastewater systems are properly installed as the homeowner would bear the cost of correcting any problems. When individuals unfamiliar with the requirements do this work, there is a greater risk of improperly sized or improperly designed systems being installed that can lead to wastewater pollution entering into a drinking water supply resulting in adverse impacts to human health.
Regulation Comparison:https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1725374009.pdf
Subject to Regulations of Act(LB407):No
Survey Submitted: September 3, 2024 09:33 AM