Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 178 - ENVIRONMENTAL HEALTH
Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS
Section 178-12-013 - DECLARATORY ORDER ABOUT SUBSTANTIALLY EQUIVALENT PROCEDURE OR MATERIAL
Current through September 17, 2024
12-013.01 Any water well contractor, pump installation contractor or any other individual carrying out activities subject to 178 NAC 12 who desires to carry out such work by a procedure inconsistent herewith or using materials other than herein prescribed but which the contractor or other individual believes to be substantially equivalent to the standards prescribed in 178 NAC 12 may request a declaratory order by the Department on whether the proposed procedure or material is substantially equivalent to the prescribed standards and may be used to comply with 178 NAC 12.
12-013.02 Such a request must be submitted in writing at least 10 days prior to the initiation of construction or alteration of the well(s) involved, unless good cause is shown for a shorter review period.
12-013.03 The request must include a description of the material(s) and/or construction procedure(s) proposed, identify the procedure or material required by the prescribed standards and include proof of the alleged equivalency and such written arguments as are deemed appropriate by the requesting party.
12-013.04 Such request must be made generally in accordance with 184 NAC 2, Rules of Practice and Procedure of the Department for Declaratory Orders, but unless the requesting party at the time of the request demands a hearing thereon, the matter will be deemed submitted on the written request, attachments thereto, and facts of which the Department takes judicial notice.
12-013.05 Any order issued by the Department hereunder will be binding between the Department and the requesting party on the facts alleged unless it is altered or set aside by a court. The Department may in situations when the submission of a request 10 days in advance would result in an immediate environmental threat, significant economic hardship on or pose a health threat to the owner or other individuals, waive the 10 day review period.
