NEBRASKA ADMINISTRATIVE CODE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Title 124 - Rules And Regulations For The Design, Operation And Maintenance of Onsite Wastewater Treatment Systems
Chapter 24 - Private Onsite Wastewater Treatment System Advisory Committee

001 The Private Onsite Wastewater Treatment System Advisory Committee shall consist of the following eleven members:

001.01 Seven members appointed by the Director as follows:

001.01A Five certified professionals; and

001.01B Two registered environmental health specialists or officials representing local public health departments which have established programs for regulating private on-site wastewater treatment systems.

001.02 The Director of Health and Human Services Regulation and Licensure or his or her designated representative;

001.03 The Director or his or her designated representative; and

001.04 One representative with experience in soils and geology and one representative with experience in biological engineering, both of whom shall be designated by the Vice Chancellor of the University of Nebraska Institute of Agriculture and Natural Resources.

002 The committee shall meet not less than annually as determined by the Director. The Director may call special meetings of the advisory committee.

003 The committee shall advise the Department on:

003.01 Proposed rules and regulations relating to the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act;

003.02 Rules and regulations for the siting, layout, operation, and maintenance of private on-site wastewater treatment systems;

003.03 Administration of the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act as requested by the Director; and

003.04 Development and administration of examinations and continuing education requirements.

003.04A Not less than annually, the committee shall review continuing education course criteria and shall advise the Department on changes to criteria for continuing education course approval decisions.

003.04B Not less than annually, the committee shall review the Department’s procedures and resource documents for examination, and shall advise the Department on recommended changes. In the review of examination materials, no member of the committee shall view any examination question unless the member is a professional engineer or a registered environmental health specialist, or is a certified professional who has passed all examinations in which the question may appear.

004 Members shall be reimbursed for their actual and necessary expenses as provided in Neb. Rev. Stat. §§81-1174 through 81-1177 of the Nebraska Revised Statutes.

005 The Department shall provide administrative support for the committee, and shall keep continually current a roster of the members of the committee, including the date of appointment and their term of office.

006 The Director shall appoint a replacement for any member who shall resign or otherwise conclude his or her term on the committee for any position which the Director made the initial appointment. The Director shall select a replacement in accordance with Section 001.01.

007 The members of the committee appointed by the Director shall serve at the pleasure of the Director, but not for more than two four year terms and shall be appointed in accordance with Section 001.01 to fill terms of office.

008 The member designated by the Director of Health and Human Services Regulation and Licensure in accordance with Section 001.02 shall serve at the pleasure and discretion of said Director. Said Director shall notify the Director of the Department by letter bearing his or her signature of any change of his or her designated representative. Upon such change in designation, the representative shall be entitled to participate in committee business only after receipt by the Director of the Department of such notification.

009 Members designated by the Vice Chancellor of the University of Nebraska Institute of Agriculture and Natural Resources in accordance with Section 001.04 shall serve at the pleasure and discretion of the Vice Chancellor. The Vice Chancellor shall notify the Director by letter bearing his or her signature of any change of his or her designated representatives. Upon such change in designation, the representatives shall be entitled to participate in committee business only after receipt by the Director of such notification.

010 Upon approval of the Director, the committee may establish subcommittees and assign special tasks and assignments thereto. No subcommittee shall have authority to take any final actions on any matter assigned to it but shall report its findings and make recommendations to the full committee for actions as necessary and within the purview of the committee.

011 At the first meeting of the committee following the commencement of a fiscal year, the committee shall elect one of its members as chairperson and one of its members as vice chairperson. Those persons shall serve until the next regular meeting of the committee following the commencement of the next fiscal year, or until the elected replacement takes office, whichever occurs first.

012 No action of the committee shall be considered as representing the committee unless a quorum is present. A simple majority (six) of the members of the committee shall constitute a quorum for transaction of business.

013 Notice and conduct of all committee meetings shall be in accordance with the Nebraska Public Meetings laws.


Enabling Legislation: Neb. Rev. Stat. §81-15,245; 81-15,246.

Legal Citation: Title 124, Ch. 24, Nebraska Department of Environmental Quality.