Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 197 - Rules and Regulations for The Certification of Wastewater Treatment Operators
Chapter 4 - Certification Application, Examination Procedures, Expiration and Renewal
Effective Date of Last Revision: April 6, 2020

001 Application.

001.01 An applicant is to submit an application which contains information regarding education, and work experience to the department with the respective application fee prescribed in Appendix C. The department will notify applicants if additional information is required.

001.02 When an application for certification is denied, the department will notify the applicant in writing and explain the reason for denial. Upon notice of denial, the applicant may request a hearing following the procedure in Neb. Rev. Stat. § 81-1507.

001.03 All applications received less than 30 days prior to a scheduled examination date may be held for the next scheduled examination date.

001.04 After receipt of the application, the department will review the application and will schedule a date, time and place of examination for the applicant, or notify the applicant otherwise.

001.05 When the applicant is ineligible for certification, due to revocation of prior certification, the department will notify the applicant in writing and explain the reason for ineligibility. Upon notice of ineligibility, the applicant may request a hearing, following the procedure in Neb. Rev. Stat. § 81-1507.

002 Examination

002.01 A minimum of four examinations per year will be scheduled across the state.

002.02 Applicants must attain a minimum grade of seventy percent for passage of an examination. All applicants will be notified regarding the examination results by the department in writing as soon as the results of the examination are available.

002.03 Upon failure to pass an examination, an applicant will be permitted to be re-examined at subsequent examinations. Applicants desiring to be re-examined are to submit their application together with the retesting fee as prescribed in Appendix C. Applicants failing three (3) exams in succession are to obtain a minimum of 1 CEU of applicable training prior to retesting.

002.04 All examination records will be filed and retained by the department for three years.

003 Expiration and Renewal.

003.01 Expiration, notification, and renewal is in accordance with Neb. Rev. Stat. § 81-15,138.

003.02 The department will notify the certified operator regarding expiration at the last known address. Failure of the department to notify the certified operator of expiration does not relieve the certified operator of the responsibility for renewal.

003.03 As a prerequisite for renewal, each certified operator will obtain a minimum of two (2) CEU's of training approved by the department during the two (2) years prior to expiration. Excess CEU's earned in a two (2) year interval may be carried over into the next two (2) year interval up to the maximum amount of one (1) CEU.

003.04 The certificate renewal fee as prescribed in Appendix C is to accompany the renewal application.

003.05 The certificate renewal date may be changed for the convenience of the certified operator with adequate justification, at the discretion of the director. Renewal fees will be prorated in such cases.

003.06 Certification Status during Military Deployment or Catastrophic Conditions. Certified operators may request their certification status be placed temporarily on hold during times of military deployment or a catastrophic condition. Upon request from the operator, in accordance with this section, the Department will place a hold on the certification in such cases until such time as the operator is in a return to work status. The operator, or wastewater facility on behalf of the operator, is to notify the Department within 30 days of a military deployment or catastrophic condition and within 30 days of the operator returning to work. While the certification is placed on hold, the operator will not be required to renew or obtain CEUs. Upon returning to work, the operator will have six (6) months to obtain necessary CEUs and renew certification, as appropriate.

004 Reciprocity. Certificates of an equivalent class may be issued, without examination, to any operator applying for certification who holds a valid certificate from another recognized wastewater operator certification program having requirements for certification which the director considers similar to the standards established in these regulations.

004.01 Applications are to be made to the director as described in this Chapter. The application fee in Appendix C is to accompany the application.

004.02 Certification by reciprocity will not be available for a person whose certification has been denied revoked or suspended.

Enabling Legislation: Neb. Rev. Stat. 81-15,130(1)(3)(4)(5)(6)(7)(8), 81-15,131, §81-15, 138, and §81-15,140.