Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-002 - DEFINITIONS

Current through June 17, 2024
Active addiction
means current
				  physical or psychological dependence on alcohol or a substance, which develops
				  following the use of alcohol or a substance on a periodic or continuing
				  basis.
Alcohol or substance abuse
means a
				  maladaptive pattern of alcohol or substance use leading to clinically
				  significant impairment or distress as manifested by one or more of the
				  following occurring at any time during the same 12-month period:
1. Recurrent alcohol or substance use resulting in a failure
				  to fulfill major role obligations at work, school, or home;
2. Recurrent alcohol or substance use in situations in which
				  it is physically hazardous;
3. Recurrent legal problems related to alcohol or substance
				  use; or
4. Continued alcohol or substance use despite having
				  persistent or recurrent social or interpersonal problems caused or exacerbated
				  by the effects of the alcohol or substance use.
Attest or attestation
means that
				  the individual declares that all statements on the application are true and
				  complete.
Available
means that based on
				  system size, number of persons served, system classification, treatment
				  technique and purpose, distribution complexity, and source of water, a licensed
				  operator must be on site or able to be contacted as needed to initiate the
				  appropriate action in a timely manner.
Community water system
means a
				  public water system which serves at least 15 service connections used by
				  year-round residents or regularly serves 25 year-round residents.
Complete application
means an
				  application that contains all of the information requested on the application,
				  with attestation to its truth and completeness, and that is submitted with the
				  required fees and all required documentation.
Confidential information
means
				  information protected as privileged under applicable law.
Consumer
means a person receiving
				  health or health-related services or environmental services and includes a
				  patient, client, resident, customer, or person with a similar
				  designation.
Conviction
means a plea or verdict
				  of guilty or a conviction following a plea of nolo contendere or non vult
				  contendere made to a formal criminal charge, or a judicial finding of guilt
				  irrespective of the pronouncement of judgment or the suspension thereof, and
				  includes instances in which the imposition or the execution of sentence is
				  suspended following a judicial finding of guilt and the defendant is placed on
				  probation.
Council
means the Advisory Council
				  on Public Water Supply.
Credentia
l means a license,
				  certificate, or registration.
Department
means the Division of
				  Public Health of the Department of Health and Human Services.
Dependence
means a maladaptive
				  pattern of alcohol or substance use, leading to clinically significant
				  impairment or distress, as manifested by three or more of the following
				  occurring at any time in the same 12-month period:
1. Tolerance as defined by either of the following:
a. A need for markedly increased amounts of alcohol or the
				  substance to achieve intoxication or desired effect; or
b. A markedly diminished effect with continued use of the
				  same amount of alcohol or the substance;
2. Withdrawal as manifested by either of the following:
a. The characteristic withdrawal syndrome for alcohol or the
				  substance as referred to in the Diagnostic and Statistical Manual of Mental
				  Disorders, Fourth Edition, published by the American Psychiatric Association;
				  or
b. Alcohol or the same substance or a closely related
				  substance is taken to relieve or avoid withdrawal symptoms;
3. Alcohol or the substance is often taken in larger amounts
				  or over a longer period than was intended;
4. A persistent desire or unsuccessful efforts to cut down or
				  control alcohol or substance use;
5. A great deal of time is spent in activities necessary to
				  obtain alcohol or the substance, to use alcohol or the substance; or to recover
				  from the effects of use of alcohol or the substance;
6. Important social, occupational, or recreational activities
				  are given up or reduced because of alcohol or substance use; or
7. Alcohol or substance use continues despite knowledge of
				  having had a persistent or recurrent physical or psychological problem that was
				  likely to have been caused or exacerbated by alcohol or the substance.
Director
means the Director of
				  Public Health of the Division of Public Health or his/her authorized
				  representative.
Inactive credential
means a
				  credential which the credential holder has voluntarily placed on inactive
				  status and by which action has terminated the right to practice or represent
				  him/herself as having an active credential.
License
means an authorization
				  issued by the Department to an individual to engage in a profession or to a
				  business to provide services which would otherwise be unlawful in this state in
				  the absence of such authorization. For Title 179 NAC 10, it means a license to
				  make process control or system integrity decisions about water quality or
				  quantity in public water systems.
Licensed operator
means a person
				  who holds a license issued by the Department that authorizes the person to make
				  process control or system integrity decisions about water quality or quantity
				  in public water systems.
Military service
means full-time
				  duty in the active military service of the United States, a National Guard call
				  to active service for more than 30 consecutive days, or active service as a
				  commissioned officer of the Public Health Service or the National Oceanic and
				  Atmospheric Administration. Military service may also include any period during
				  which a servicemember is absent from duty on account of sickness, wounds,
				  leave, or other lawful cause. (From the Servicemembers Civil Relief Act, 50
				  U.S.C. App. 501 et seq., as it existed on January 1, 2007.)
Non-transient, non-community water system
				  means
a public water system that is not a community water system
				  and that regularly serves at least 25 of the same individuals over six months
				  per year.
Operating shift
means that period
				  of time during which licensed operator decisions that affect public health are
				  necessary for proper operation of the system.
Operator in responsible charge
means the person(s) designated by the owner to be the licensed operator(s) who
				  makes decisions regarding the daily operational activities of a public water
				  system, water treatment facility and/or distribution system, that will directly
				  impact the quality and/or quantity of drinking water.
Pattern of incompetent or negligent
				  conduct
means a continued course of incompetent or negligent
				  conduct in performing the duties of the profession.
Practice
means practice as a
				  licensed operator.
Profession
means any profession or
				  occupation named in subsection (1) or (2) of
Neb. Rev.
				  Stat.
§
									38-121.
Provisional license
means a
				  non-renewable license that is issued on a case-by-case basis, and is site
				  specific.
Public water system
means a system
				  for providing the public with water for human consumption through pipes or
				  other constructed conveyances, if such system has at least 15 service
				  connections or regularly serves an average of at least 25 individuals daily at
				  least 60 days per year. Public water system includes (i) any collection,
				  treatment, storage, and distribution facilities under control of the operator
				  of such system and used primarily in connection with such system and (ii) any
				  collection or pretreatment storage facilities not under such control which are
				  used primarily in connection with such system. Public water system does not
				  include a special irrigation district. A public water system is either a
				  community water system or a non-community water system.
Service connection does not include a connection to a system
				  that delivers water by a constructed conveyance other than a pipe if (i) the
				  water is used exclusively for purposes other than residential uses, consisting
				  of drinking, bathing, cooking, and other similar uses, (ii) the Department
				  determines that alternative water to achieve the equivalent level of public
				  health protection provided by the Nebraska Safe Drinking Water Act and rules
				  and regulations under the act is provided for residential or similar uses for
				  drinking and cooking, or (iii) the Department determines that the water
				  provided for residential or similar uses for drinking, cooking, and bathing is
				  centrally treated or treated at the point of entry by the provider, a
				  pass-through entity, or the user to achieve the equivalent level of protection
				  provided by the Nebraska Safe Drinking Water Act and the rules and regulations
				  under the act.
Special irrigation district
means
				  an irrigation district in existence prior to May 18, 1994, that provides
				  primarily agricultural service through a piped water system with only
				  incidental residential or similar use if the system or the residential or
				  similar users of the system comply with exclusion provisions of (ii) or (iii)
				  found in 179 NAC 10-002 definition of a Public Water System;
Served in the regular armed forces
has the same meaning as "military service" in these
				  regulations.