2006 Nebraska Revised Statutes - § 81-15,248 — Private onsite wastewater treatment system; professional required; when; registration; temporary provisional certificates; inspection and registration; director; powers.

Section 81-15,248
Private onsite wastewater treatment system; professional required; when; registration; temporary provisional certificates; inspection and registration; director; powers.

(1) Beginning January 1, 2004, a private onsite wastewater treatment system shall not be sited, laid out, constructed, reconstructed, altered, modified, repaired, inspected, or pumped unless the siting, layout, construction, reconstruction, alteration, modification, repair, inspection, or pumping is carried out or supervised by either a certified professional as required by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act, a professional engineer licensed in Nebraska, or a registered environmental health specialist registered in Nebraska.

(2) Beginning January 1, 2004, any private onsite wastewater treatment system constructed, reconstructed, altered, or modified by a certified professional, professional engineer licensed in Nebraska, or registered environmental health specialist registered in Nebraska shall be registered with the department by the certified professional, professional engineer, or registered environmental health specialist within forty-five days of completion of the construction, reconstruction, alteration, or modification. The certified professional, professional engineer, or registered environmental health specialist shall submit the registration on forms provided by the department and shall include the registration fee. The registration fee shall be fifty dollars until rules and regulations adopted and promulgated under the act provide a schedule of system registration fees adequate to cover direct and indirect program costs.

(3) The department may issue a temporary provisional certificate which shall satisfy the requirements of subsection (1) of this section until December 31, 2005, to an individual who applies to the department and includes with the application (a) a fee of three hundred dollars and (b) a properly executed and sworn affidavit stating that the applicant was engaged in activity relating to the siting, layout, construction, reconstruction, alteration, modification, repair, inspection, or pumping of a private onsite wastewater treatment system for at least twelve months preceding August 31, 2003. The affidavit shall specify the activity or activities listed in this subsection in which the applicant was engaged during such time.

(4) All temporary provisional certificates issued pursuant to subsection (3) of this section shall be subject to all administrative and enforcement authority of the department under the act and any rules and regulations relating to private onsite wastewater treatment systems adopted and promulgated by the council under the Environmental Protection Act.

(5) All temporary provisional certificates issued under subsection (3) of this section shall expire on December 31, 2005. Any individual holding a temporary provisional certificate wishing to become a certified professional under the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act shall before such date meet the requirements for such certification contained in the rules and regulations of the council adopted and promulgated pursuant to section 81-15,247.

(6) The director by contract may delegate onsite wastewater treatment system inspection and registration to a governmental subdivision which has adopted a program at least as stringent as the requirements provided by the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act and which has demonstrated authority to administer and enforce its onsite wastewater treatment system inspection and registration program.

Source:

Laws 2003, LB 94, § 13

Laws 2004, LB 449, § 14

Cross References:

Environmental Protection Act,see section 81-1532.

~Revised Statutes Cumulative Supplement, 2006