| Committee of Jurisdiction: | Natural Resources |
| Occupation Regulated: | Wastewater Treatment Facilities Operators |
| Occupational Board: | There is no occupational board. The certification program is administered by the Department of Environment and Energy. |
| Contact: | Reuel Anderson, 402-471-4216, reuel.anderson@nebraska.gov |
| Purpose: | Protect the air, water, and land of the State through regulation of wastewater treatment system operators in the State. |
| Regulated Professionals: | 936 |
| Year Created: | 1987 |
| Year Active: | 1987 |
| Sunset Date: | Neb. Rev. Stat 81-15,132, provision allows restricted cert sunsetted 4 yr after statute passed |
| Government Certificates Issued: | 936 |
| Issued Certificate Descriptions: | There is no occupation board. Individuals are certified for 2 years on a rolling calendar basis, therefore the Department is renewing certifications on a regular basis. Currently there are 936 certified individuals and this number has ranged from 936 to 961 in the past five years. |
| Government Certificates Revoked: | 3 |
| Revoked Certificate Descriptions: | There is no occupational board. The Director may revoke, suspend, or refuse to grant the certificate of an operator, following opportunity for hearing, upon any reasonable ground including, but not limited to, the following: (1) The operator has practiced fraud or deception; (2) reasonable care was not used in the performance of duties; (3) the operator is unable to perform duties properly; or (4) for failure to maintain the minimal continuing education requirements of the Wastewater Treatment Operator Certification Act. All three revocations were due to the operator repeatedly failing to use reasonable care in the performance of their duties. |
| Government Certificates Denied: | 0 |
| Denied Certificate Descriptions: | NA |
| Government Certificates Penalties Against: | 0 |
| Penalty Certificate Descriptions: | There is no occupational board. The Department would refer enforcement cases to the Attorney General’s Office. No cases have been referred in the last five years. |
| Explanation of Effectiveness: | https://nebraskalegislature.gov/pdf/SurveyDocs/explanation1725375052.pdf |
| Potential Harm | Certification of wastewater operators is a required element of the EPA National Pollution Discharge Elimination System (NPDES) permitting program. If wastewater operators were no longer certified in Nebraska, it is unclear who would perform the certification function for the 621 facilities in Nebraska that require an NPDES permit. It is uncertain whether there would be adverse impacts to the State Delegation of Authority from EPA.
Currently, 216 of 837 wastewater facilities are exempt from the federal requirement for certified operator because the facilities utilize non-discharging lagoons. Repeal of certification would end the continuing education requirement for these operators.
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| Regulation Comparison: | https://nebraskalegislature.gov/pdf/SurveyDocs/comparison1725375052.pdf |
| Subject to Regulations of Act(LB407): | No |