TITLE 124 – NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 20 - Certification Requirements for On-site Certified Professionals
001 Only a certified professional, a professional engineer, a registered environmental health specialist, or a person under their direct supervision may engage in the inspection, pumping, siting, layout, construction, reconstruction, alteration, modification, repair, or otherwise changing of a on-site wastewater treatment system. For the purposes of these regulations, “direct supervision” means the person overseeing the work is physically present on the site where the work is being done and has control over, responsibility for, and professional knowledge of the work being done. The certification requirement does not apply to a private onsite wastewater treatment system at an electric generation facility site owned by a district organized under Nebraska Revised Statutes, Chapter 70, article 6.
002 Certified professionals must hold a valid certificate by examination in accordance with this Title or a hardship certificate in one or more of the following categories:
002.01 Master Installer
002.02 Journeyman Installer
002.03 Soil Evaluator
002.04 Inspector
002.05 Master Pumper
002.06 Journeyman Pumper
003 Authorization to Practice:
003.01 Authorization to Practice under Certificates by Examination:
003.01A A Master Installer or Journeyman Installer is authorized to engage in the siting, layout, construction, reconstruction, alteration, modification, or repair of on-site wastewater systems, except that a Journeyman Installer is only authorized to engage in any of these activities in accordance with the following restrictions:
003.01A.1 The Journeyman Installer is employed by a Master Installer, a professional engineer, or a registered environmental health specialist who is responsible for the work, or
003.01A.2 The Journeyman Installer is employed by a business or government entity that has a Master Installer, a professional engineer, or a registered environmental health specialist as an owner, officer, or employee of the business or government entity who is responsible for the work.
003.01B A Soil Evaluator is authorized to engage in the soil evaluation of on-site wastewater systems.
003.01C An Inspector is authorized to engage in the inspecting or soil evaluation of on-site wastewater systems.
003.01D A Master Pumper or Journeyman Pumper is authorized to engage in the pumping of on-site wastewater systems, except that a Journeyman Pumper is only authorized to engage in this activity in accordance with the following restrictions:
003.01D.1 The Journeyman Pumper is employed by a Master Pumper, a professional engineer, or a registered environmental health specialist who is responsible for the work; or
003.01D.2 The Journeyman Pumper is employed by a business or government entity that has a Master Pumper, a professional engineer, or a registered environmental health specialist who is an owner, officer, or employee of the business or government entity and responsible for the work.
003.02 Authorization to Practice under Hardship Certificates - A person holding a valid Hardship Certificate is authorized to practice in those categories listed on the certificate in accordance with Authorizations to Practice under Certificates by Examination of this Section.
004 No person shall engage in the siting, layout, construction, reconstruction, alteration, modification, repair, or otherwise changing of a private on-site wastewater system unless a Master Installer, a Journeyman Installer, a professional engineer, or a registered environmental health specialist who is responsible for such work is physically present at the site where such work is being performed and is supervising the work, except that a Soil Evaluator or an Inspector may perform soil evaluation for the purpose of aiding in the siting and layout.
005 No person shall engage in the pumping of a private on-site wastewater system unless a Master Pumper, a Journeyman Pumper, a professional engineer, or a registered environmental health specialist who is responsible for such work is physically present at the site where such work is being performed and is supervising the work.
006 No person shall engage in the inspecting of a private on-site wastewater system unless an Inspector, a professional engineer, or a registered environmental health specialist who is responsible for the work is physically present at the site where such work is being performed and is supervising the work.
007 Hardship Certificates:
007.01 Hardship Certificates may be issued to an individual upon:
007.01A Submittal of a request for certification by hardship clearly stating the conditions of the hardship and submittal of evidence supporting competency in the categories in which the individual is seeking certification;
007.01B Submittal of hardship certificate application fee in accordance with the fee schedule in Appendix A; and
007.01C Submittal of a valid, complete application Form E (Appendix B).
007.02 A separate application with application fee will be required for each category of certificate that the applicant applies for.
007.03 All hardship certificates expire 180 days after the date of issuance.
008 Certificates by examination:
008.01 To obtain a certificate by examination in any category, an applicant must pass an examination administered by the Department.
008.02 Expiration: All certificates by examination expire December 31 of every odd-numbered year unless renewed in accordance with this Chapter, except that certificates by examination issued prior to January 1, 2006, will not expire December 31, 2005.
008.03 Application for certificate by examination:
008.03A Applicants for certification by examination shall submit:
008.03A.1 An application for a certificate on Form D (Appendix E);
008.03A.2 The certificate application fee in accordance with the fee schedule (Appendix A);
008.03A.3 An application for examination on Form H (Appendix F); and
008.03A.4 The examination fee in accordance with the fee schedule (Appendix A).
008.03B All applications received less than five (5) days prior to a scheduled examination date may be held for the next scheduled examination date.
008.03C An individual seeking certification by examination in multiple categories of certification may submit a single application for certification and application fee, but must submit a separate application for examination and examination fee, and take a separate examination for each category sought. Where application is made for multiple categories and certification application fees for the categories are different, the applicant shall submit the highest fee.
008.03D Applicants who fail an examination will be permitted to be re-examined at subsequent examinations. Applicants desiring to be re-examined shall submit an application for examination on Form H (Appendix F) and the examination fee in accordance with the fee schedule (Appendix A). Applicants failing three (3) examinations in succession shall obtain a minimum of six (6) hours of approved continuing education prior to re-examination. Failure to pass the examination within two (2) years of the date the application for certification was received shall result in the rejection of the application. Individuals whose application has been rejected who desire certification shall submit a new application for examination and certification and the applicable examination and application fees.
008.03E Adding categories to current certificates:
008.03E.1 A certified professional holding a valid certificate by examination in the Master Installer, Master Pumper, Inspector, or Soil Evaluator category may apply for addition of other categories to the certificate by submitting an application for examination Form H and examination fee for each additional category.
008.03E.2 A certified professional holding a valid certificate by examination in the Journeyman Installer category may apply to add the Journeyman Pumper category, and a certified professional holding a valid certificate by examination in the Journeyman Pumper category may apply to add the Journeyman Installer category to the certificate by submitting an application for examination Form H and examination fee for the additional category.
008.03E.3 A certified professional holding a valid certificate by examination in the Journeyman Installer category may apply for certification in the category of Master Pumper, Inspector, or Soil Evaluator by submitting a new application for examination Form H and examination fee for each additional category, and submit the difference in certificate fees between the Journeyman Installer certificate fee and the Master Pumper, Inspector, or Soil Evaluator certificate fee.
008.03E.4 A certified professional holding a valid certificate by examination in the Journeyman Pumper category may apply for certification in the category of Master Installer, Inspector, or Soil Evaluator by submitting a new application for examination Form H and examination fee for each additional category, and submit the difference in certificate fees between the Journeyman Pumper certificate fee and the Master Installer, Inspector, or Soil Evaluator certificate fee.
008.03E.5 A certified professional holding a valid certificate by examination in the Journeyman Installer category may upgrade to a Master Installer category, and a certified professional holding a valid certificate by examination in the Journeyman Pumper category may upgrade to a Master Pumper category, by submitting a completed application for certification and the difference in certificate fees between the two certificates.
008.04 Renewal of certificates by examination:
008.04A To renew a valid certificate, the certified professional must submit the following to the Department:
008.04A.1 A properly completed, signed, and dated application for renewal on Form D (Appendix E);
008.04A.2 Record of fulfillment of continuing education requirements on Form K (Appendix H); and
008.04A.3 The certificate renewal fee in accordance with the fee schedule (Appendix A).
008.04B If the Department does not receive the renewal application Form D, renewal fee, and record of continuing education Form K prior to the expiration date of the certificate, the certificate shall expire.
008.04C The certificate of any certified professional who fails to comply with the continuing education requirements of this Chapter will expire on the expiration date of the certificate.
008.04D To renew a certificate that has expired or to obtain a new certificate following revocation of a certificate, a person shall submit an application for certification Form D (Appendix E) and the certificate fee. For each category of certification desired, the individual shall also submit an application for examination Form H (Appendix F) and examination fee for each category, and pass the examination in each category.
008.04E The Department will not renew a certificate or issue a new certificate to an individual whose certificate has been revoked until at least one year has passed since the date of revocation.
008.05 Examination Development and Administration:
008.05A Examinations for certification will be developed and administered by the Department.
008.05B Examinations for certification shall be designed to test the general knowledge of the applicants regarding on-site wastewater construction standards, soils and geology of the state, rules and regulations of this Title, and any other knowledge the Department deems essential to the successful practice of the profession for which certification is requested.
008.05C The examinations will be by open book testing.
008.05C.1 The Department shall make available to each examinee at the test site a copy of this Title and other documents which cover the subject matter tested in the exam. All materials provided to the examinee by the Department for use during the examination shall remain the property of the Department and be returned upon completion of the exam.
008.05C.2 Any such materials brought by examinees to the examination site for use in completing the examination may be subject to inspection by examination proctors without advance notice to examinees.
008.05C.3 Use of equipment capable of copying or reproducing the examination, by the examinee, shall not be allowed during the examination.
008.05C.4 Use of telephonic or radio equipment, by the examinee, shall not be allowed during the examination.
008.05D With good and sufficient cause shown, the Department may provide for special arrangements for administering the examinations, which to the extent possible, will accommodate special circumstances of an applicant without compromising the examination purposes or integrity. Such special circumstances may include but not be limited to reading difficulties, physical skills limitations or absence from the state during regular examination dates. Accommodations may include special proctors or readers, oral examination, dictation of answers or use of non-resident proctors.
008.05E Applicants must show photographic identification at the examination site to be admitted for examination.
008.05F All applicants will be notified in writing regarding examination results. Results will be either pass or fail.
008.05G Applicants who pass an examination in any category will be issued a certificate in that category. A passing grade of 80% shall be required for certification in any category.
009 Continuing Education:
009.01 Beginning January 1, 2006, a certified professional shall successfully complete a minimum of twelve (12) professional development hours of continuing education during every two-year certificate period. Completion prior to January 1, 2006 of continuing education programs approved in accordance with this Title shall be accepted for the purposes of complying with this requirement.
009.02 One professional development hour (PDH) means at least 60 minutes spent in educational activity. Professional development time shall be recorded to the nearest tenth of an hour (0.1 hours or six minutes).
009.03 A maximum of six (6) professional development hours acquired in excess of the minimum hours required during any certificate cycle may be carried over into the next two-year certificate cycle.
009.04 All professional development hours for certificate renewal shall be from courses or programs pre-approved by the Department to insure that the training is appropriate, directly associated with the on-site wastewater industry, covers topics related to the responsibilities carried on by the certified professional, and provides information or training that serves to enhance a certified professional’s knowledge of and ability to perform activities that protect the public health and the environment.
009.05 Approval of Continuing Education Programs and Courses.
009.05A Any continuing education programs or courses shall be approved by the Department for use as continuing education for purposes of fulfilling the education requirements of a certified professional prior to the use of programs or courses for that purpose.
009.05B A continuing education provider shall submit to the Department its proposed program or course for approval not less than sixty (60) days prior to the date the proposed program or course is offered for presentation.
009.05C A continuing education provider shall not advertise or otherwise represent any program or course as approved for meeting the continuing education requirements of this Title until such program or course is approved by the department.
009.05D The continuing education provider shall demonstrate that the instruction or presentations will be conducted by individuals qualified in the program or course topic and adequate biographical information shall be submitted for Department review and verification.
009.05E The continuing education provider shall submit an outline of the program or course with adequate detail to verify the topics of presentation, including detailed time lines to show the hours of education presentation planned.
009.05F The continuing education provider shall demonstrate adequate capability of documenting and maintaining records of attendance at the program or course, and shall agree to provide the Department a list of attendees who have completed the program or course within 30 days of its completion.
009.05G A certified professional may at his or her discretion submit a proposed program or course for approval if the provider has not submitted the same for consideration. Any such submission, which is approved, shall thereafter be eligible for use as continuing education by any attending certified professional. The submitted information must include the contact name, address, and telephone number for the sponsoring organization or provider and the program or course agenda with adequate detail to verify the topics of presentation, including detailed time lines to show the hours of education presentation planned and the name of the presenter for each topic.
009.05H If the application for approval is submitted by a certified professional without participation in the application by the continuing education provider, the certified professional shall submit a description of the means by which the continuing education provider has or will document attendance and how the applicant has or will obtain and maintain records of attendance.
009.05I The Department will evaluate and determine the number of professional development hours that a certified professional can claim for successful, documented completion of the course or program.
009.06 A maximum of two (2) professional development hours in each two-year certification cycle may be from pre-approved courses peripheral to the actual activity of the on-site wastewater industry if it is related to the business of contracting for such services such as business tax law, accounting, or insurance, or the safety and protection of work activities from physical or environmental hazard.
009.07 Continuing education records shall be maintained by the certified professional and submitted to the Department on Form K in Appendix H as part of application for certificate renewal.
009.08 Continuing education records including evidence of participation shall be retained by the certified professional for a minimum of three years and shall be submitted to the Department upon request.
009.09 The Department may waive or exempt a certified professional from continuing education requirements or extend the period for completion of the required continuing education, in whole or in part, for any period for which the certified professional submits documentation supporting an exemption for circumstances beyond his or her control which prevented completion of such requirements.
010 Endorsements:
010.01 Endorsements shall be issued, upon successful completion of examination, authorizing certified professionals to engage in special activities or procedures that require advanced training or skills identified in this Title as requiring an endorsement to perform.
010.02 An endorsement to engage in a special activity or procedure shall only be issued to those persons holding a valid certificate in the appropriate categories as identified in the rules and regulations for such special activity or procedure.
010.03 Application and examination for endorsement:
010.03A Application for endorsement shall include submittal of an application on Form L (Appendix J), and submittal of the examination fee in accordance with the fee schedule (Appendix A). A separate application form and examination fee shall be required for each endorsement.
010.03B All applications received less than five (5) days prior to a scheduled examination date may be held for the next scheduled examination date.
010.03C Applicants will be required to show photographic identification at the examination site to be admitted for examination.
010.03D Use of equipment capable of copying or reproducing the examination, by the examinee, shall not be allowed during the examination.
010.03E Use of telephonic or radio equipment, by the examinee, shall not be allowed during the examination.
010.03F All applicants will be notified in writing regarding examination results. Results will be either pass or fail.
010.03G Applicants who pass an examination for endorsement will be issued an endorsement to their certificate.
010.03H Applicants who fail an examination will be permitted to be re-examined at subsequent examinations. Applicants desiring to be re-examined shall submit an application for examination on Form L (Appendix J) and the examination fee in accordance with the fee schedule (Appendix A).
010.04 Endorsements shall be automatically renewed upon the renewal of the certificate to which they are attached.
010.05 Endorsements shall expire upon the expiration, suspension, or revocation of the certificate to which they are attached. An individual whose endorsement has expired who desires to obtain a new endorsement shall re-apply for endorsement by examination in accordance with requirements this section. Upon successful completion of the requirements, a new endorsement shall be issued.
011 All fees are nonrefundable.
012 A certified professional shall only practice in the categories in which they hold a valid certificate.
Enabling Legislation: Neb. Rev. Stat. §81-15,244; 81-15,247; 81-15,248; & 81-15,252
Legal Citation: Title 124, Ch. 20, Nebraska Department of Environmental Quality
Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186