Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 10 - LICENSURE OF WATER OPERATORS
Section 179-10-005 - INITIAL CREDENTIAL

Universal Citation: 179 NE Admin Rules and Regs ch 10 ยง 005

Current through September 17, 2024

005.01 Qualifications

To receive a credential to practice as a licensed operator, an individual must meet the following qualifications:

1. Age and Good Character: Be at least 19 years old and of good character;

2. Citizenship/Resident Information: Be a citizen of the United States, an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) and who is eligible for a credential under the Uniform Credentialing Act, or a nonimmigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States.

3. Education, Experience, and Examination Required: All applicants for licensure, except those for provisional licensure (See 179 NAC 10-005.01 item 7), must meet the following education and experience requirements prior to examination for the appropriate grade requested. The Department offers six grades of licensure: five grades to public water system operators, and one grade of licensure to public water system authorized backflow preventer testing and repair technicians, in accordance with the following criteria. Any individual who tests or repairs backflow preventers with test ports, installed to protect a public water system from backflow, is required to hold a Grade VI license.

NOTE: The Department, with the advice of the Council, may accept a substitution for required experience or education for Grades I, II, III and IV water operators when deemed equivalent to the requirements of 179 NAC 10-005 and when the applicant for licensure requests substitution and submits documentation of appropriate education or experience. Experience that is used to meet the experience requirement for any grade of licensure may not be used to meet the education requirement. Education that is used to meet the education requirement for any grade of licensure may not be used to meet the experience requirement.

a. Grade I Licensure -
(1) Prior successful completion of a Grade II licensure examination and successful completion of a validated examination on the subject of operation of a public water system recommended by the Advisory Council on Public Water Supply and approved by the Director; and

(2) A degree of Bachelor of Science (with special courses in sanitary sciences) and three years in responsible charge or operation of a public water system or three years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience); or three years as a provider of technical assistance to public water systems; or

(3) Four years of college and four years of responsible charge of a public water system or four years as a licensed operator of a public water system; or four years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience); or four years as a provider of technical assistance to public water systems; or

(4) High school diploma or equivalent and six years responsible charge of a Class II or III public water system or eight years operation of a system under the supervision of a person possessing a license as a Grade I operator or eight years as a licensed operator of a public water system or eight years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience); or eight years as a provider of technical assistance to public water systems.

b. Grade II Licensure -
(1) Prior successful completion of a Grade III licensure examination and successful completion of a validated examination recommended by the Advisory Council on Public Water Supply and approved by the Director; and

(2) Two years of college, plus three years responsible charge of a public water system or three years as a licensed operator of a public water system; or three years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience); or three years as a provider of technical assistance to public water systems; or

(3) High school diploma or equivalent and six years responsible charge of a Class III public water system or six years operation of a system under the supervision of a person possessing a license as a Grade I or Grade II operator or six years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience) or six years as a provider of technical assistance to public water systems, or six years as a licensed operator of a public water system.

c. Grade III Licensure -
(1) Successful completion of a validated examination recommended by the Advisory Council on Public Water Supply and approved by the Director; and

(2) High school diploma or equivalent and two years responsible charge of a community water system; or

(3) High school diploma or equivalent, and three years operation of a system under the supervision of a person possessing a license as a Grade I, Grade II, or Grade III operator of a public water system; or four years as a regulatory agent of public water systems (e.g., State or Federal Safe Drinking Water Act enforcement experience); or four years as a provider of technical assistance to public water systems, or four years as a licensed operator of a public water system.

d. Grade IV Licensure -
(1) High school diploma or equivalent and

(2) Successful completion of a validated examination following
(a) Six months experience as a water operator; or

(b) A basic training course for water system operators recommended by the Council and approved by the Director; or

(c) A correspondence course recommended by the Council and approved by the Director.
e. Grade V Licensure -
(1) Successful completion of an examination that demonstrates ability in the collection of water samples, interpretation of results of biological examination and the maintenance of required records.

f. Grade VI Licensure -
(1) A minimum 32 hour course which includes hands-on instruction, and successful completion of an examination recommended by the Council and approved by the Director on the subject of cross connections, backflow preventer operation, maintenance, testing, and repair. Such examination must include a written test as well as a hands-on portion to test actual testing and repair proficiency.

4. In adequate physical condition;

5. Able to read and write the English language;

6. Able to maintain logs and records of operation and perform maintenance consistent with the grade applied for;

7. Compliance with the requirements of 179 NAC 10-005 in regard to the appropriate grade with the exception that the Department may issue a provisional license to any applicant for a Grade I, II, III, or IV license for that period in which experience is being acquired. All education and experience requirements must be met during the provisional period.

005.02 Application

To apply for a credential to practice as a licensed operator, the individual must submit a complete application to the Department. A complete application includes all required documentation, the required fee, and a written application. The applicant may obtain an application from the Department or construct an application that must contain the following information:

1. Written Application:
a. Personal Information:
(1) The legal name of the applicant, maiden name (if applicable), and any other names by which the applicant is known;

(2) Date of birth (month, day, and year);

(3) Place of birth (city and state or country if not born in the United States);

(4) Mailing address (street, rural route, or post office address; and city, state, and zip code, or country information);

(5) The applicant's:
(a) Social Security Number (SSN); or

(b) Alien Registration Number ("A#"); or

(c) Form I-94 (Arrival-Departure Record) number.

Certain applicants may have both a SSN and an A# or I-94 number, and if so, must report both.

(6) The applicant's telephone number including area code;

(7) The applicant's e-mail address (optional);

(8) The applicant's fax number (optional);

(9) Citizenship: The applicant must state that s/he is one of the following:
(a) A citizen of the United States;

(b) An alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) and who is eligible for a credential under the Uniform Credentialing Act; or

(c) A non-immigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States;

(10) County in which the water system is located;

(11) Whether or not the individual has a high school diploma or the equivalent;

(12) The number of years of college the applicant has completed or other applicable post-high school education;

(13) The number of months of water system operation experience the applicant has and for which system, provider, or regulatory agency; including a description of experience, if applicable, as an operator in responsible charge, a provider of technical assistance to public water systems, or a regulatory agent of public water systems and the location where the experience was obtained;

(14) The name of the applicant's supervisor;

(15) The current licensure grade held, number, and expiration if applicable;

(16) The grade of licensure that is requested.

b. Practice Before Application: The applicant must state:
(1) That s/he has not practiced as a licensed water operator in Nebraska before submitting the application; or

(2) If s/he has practiced as a licensed water operator in Nebraska before submitting the application, the actual number of days practiced in Nebraska before submitting the application for a credential and the name and location of practice;

c. Attestation: The applicant must attest that:
(1) S/he has read the application;

(2) All statements on the application are true and complete;

(3) S/he is of good character;

(4) S/he has not committed any act that would be grounds for denial under 179 NAC 10-008.01. and

(5) For the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114, s/he is a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her United States Citizenship and Immigration Services (USCIS) documentation upon request.

2. Documentation: The applicant must submit the following documentation with the application:
a. Evidence of age, such as:
(1) Driver's license;

(2) Birth certificate;

(3) Marriage license that provides date of birth;

(4) Transcript that provides date of birth;

(5) U.S. State identification card;

(6) Military identification; or

(7) Other similar documentation;

b. Evidence of good character, including:
(1) Other Credential Information: If the applicant holds a credential to provide health services, health-related services, or environmental services in Nebraska or in another jurisdiction, the applicant must submit the state, credential number, type of credential, date issued, and expiration date of each credential where the applicant has been or is currently credentialed. The applicant must have the licensing agency submit to the Department a certification of his/her credential;

(2) Disciplinary Action: A list of any disciplinary actions taken against the applicant's credential and a copy of the disciplinary action(s), including charges and disposition;

(3) Denial: If the applicant was denied a credential or denied the right to take an examination, an explanation of the basis for the denial;

(4) Conviction Information: If the applicant has been convicted of a felony or misdemeanor, the applicant must submit to the Department:
(a) A list of any misdemeanor or felony convictions;

(b) A copy of the court record, which includes charges and disposition;

(c) Explanation from the applicant of the events leading to the conviction (what, when, where, why) and a summary of actions the applicant has taken to address behaviors/actions related to the conviction;

(d) All addiction/mental health evaluations and proof of treatment, if the conviction involved a drug and/or alcohol related offense and if treatment was obtained and/or required;

(e) A letter from the probation officer addressing probationary conditions and current status, if the applicant is currently on probation; and

(f) Any other information as requested by the Department;

c. Evidence that the applicant is:
(1) A citizen;

(2) An alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) who is eligible for a credential under the Uniform Credentialing Act; or

(3) A non-immigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States;

d. Evidence of citizenship, lawful permanent residence, and/or immigration status may include a copy of:
(1) A U.S. Passport (unexpired or expired);

(2) A birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal;

(3) An American Indian Card (I-872);

(4) A Certificate of Naturalization (N-550 or N-570);

(5) A Certificate of Citizenship (N-560 or N-561);

(6) Certification of Report of Birth (DS-1350);

(7) A Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240);

(8) Certification of Birth Abroad (FS-545 or DS-1350);

(9) A United States Citizen Identification Card (I-197 or I-179);

(10) A Northern Mariana Card (I-873);

(11) An Alien Registration Receipt Card (Form I-551, otherwise known as a "Green Card");

(12) An unexpired foreign passport with an unexpired Temporary I-551 stamp bearing the same name as the passport;

(13) A document showing an Alien Registration Number ("A#") with visa status; or

(14) A Form I-94 (Arrival-Departure Record) with visa status;

e. Documentation of education, including:
(1) Name and date of diploma/degree awarded; and

(2) Name of school, college, university that awarded the diploma/degree. and

3. Fee: The applicant must submit the required license fee along with the application and all required documentation.

005.03 Department Review

The Department will act within 150 days upon all completed applications for initial credentialing.

005.04 Denial of Initial Credential

If an applicant for an initial credential does not meet all of the requirements for a credential, the Department will deny issuance of a credential. If the applicant is found to have committed any act which would be grounds for denial of a credential as listed in 179 NAC 10-008, the Department may deny issuance of a credential. To deny a credential, the Department will notify the applicant in writing of the denial and the reasons for the determination. The denial will become final 30 days after mailing the notice unless the applicant, within that 30-day period, requests a hearing in writing. The hearing will be conducted in accordance with the Administrative Procedure Act and 184 NAC 1, the Department's Rules of Practice and Procedure for Administrative Hearings.

005.05 Withdrawn License Applications

An applicant for a credential who withdraws his/her application or whose application is rejected by the Department prior to administration of the examination will be allowed the return of his/her fee, except for a $25 administrative fee to be retained by the Department.

005.06 Practice Prior to Credential

An individual who practices as a licensed operator prior to issuance of a credential is subject to assessment of an administrative penalty under 179 NAC 10-011 or such other action as provided in the statutes and regulations governing the credential.

005.07 Confidentiality

Social Security Numbers obtained under this section are not public information but may be shared by the Department for administrative purposes if necessary and only under appropriate circumstances to ensure against any unauthorized access to this information.

005.08 Address Information

Each credential holder must notify the Department of any change to the address of record.

005.09 Non-English Documents

Any documents written in a language other than English must be accompanied by a complete translation into the English language. The translation must be an original document and contain the notarized signature of the translator. An individual may not translate his/her own documents.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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