Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-002 - DEFINITIONS

Current through June 17, 2024
Act
means
Neb. Rev.
				  Stat
. §§
									46-1201
				  to
				  46-1241,
				  known as the Water Well Standards and Contractors' Practice Act.
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.
Board
means the Water Well
				  Standards and Contractors' Licensing Board.
Business Engaged in the Installation of Pumps
				  and Pumping Equipment
means any activity or enterprise undertaken
				  for profit or otherwise which involves the installation of pumps and pumping
				  equipment on water wells. The term shall not include any such activity carried
				  out by an individual on land owned by him/her and used by him/her for farming,
				  ranching or agriculture purposes or as his/her place of abode.
Business Engaged in the Construction of Water
				  Wells
means any activity or enterprise undertaken for profit or
				  otherwise which involves the construction of water wells. The term shall not
				  include any activity carried out by an individual on land owned by him/her and
				  used by him/her for farming, ranching or agricultural purposes or as his/her
				  place of abode.
Certificate of Completion
means
				  written evidence or documentation that shows attendance and completion of a
				  continuing education program.
Continuing Education
means that
				  education required as a condition of licensure under the Act, for the
				  maintenance of skills necessary for the protection of groundwater and the
				  health and general welfare of the citizens and the competent practice of the
				  construction of water wells, the installation of pumps and pumping equipment,
				  and water well monitoring which has been approved by the Board in accordance
				  with 178 NAC
				  10-007.
Continuing Education Program or
				  Program
means a formal offering of instruction or information to
				  licensees for the purpose of maintaining skills necessary to the protection of
				  groundwater and the health and general welfare of the citizens and the
				  competent practice of the construction of water wells, the installation of
				  pumps and pumping equipment, water well monitoring, the inspection of
				  chemigation systems, or the inspection and servicing of flow meters. Programs
				  may be offered under names such as
,
"school,"
				  clinic," "forum," "lecture," "course of study," "educational seminar,"
				  "workshop," "conference," "convention," or "short course."
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.
Construction of Water Wells
means
				  and includes all acts necessary to make a water well usable for the purpose for
				  which it is intended including, without limitation, the siting of and
				  excavation for the water well and its construction, alteration, or repair, but
				  excluding the installation of pumps and pumping equipment.
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.
Credential
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 of time 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 designee.
Good Cause
means a substantial
				  reason consistent with the purposes of the Act.
Hour of Continuing Education
means
				  1 hour of credit toward the continuing competency requirements of the Act (
Neb. Rev. Stat
. §
									46-1225
				  ).
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.
Installation of Pumps and Pumping
				  Equipment
means the procedure employed in the placement and
				  preparation for operation of pumps and pumping equipment at the water well
				  location, including connecting all wiring to the first control and all
				  construction or repair involved in making entrance to the water well, which
				  involves the breaking of the well seal.
Installed Water Well Equipment
means but is not limited to equipment that may be set up for use on a water
				  well, such as main line check valves, vacuum relief valves, chemigation
				  devices, and flow meters.
License
means an authorization
				  issued by the Department to an individual to engage in a profession which would
				  otherwise be unlawful in this state in the absence of such authorization as
				  provided by
Neb. Rev. Stat
. §
									38-118.
Licensed Natural Resources Ground Water
				  Technician
means a natural resources ground water technician who
				  has taken a training course, passed an examination based on the training
				  course, and received a license from the Department indicating that s/he is a
				  licensed natural resources ground water technician.
Licensed Pump Installation
				  Contractor
means an individual who has obtained a license from the
				  Department and who is a principal officer, director, manager, or owner/operator
				  of any business engaged in the installation of pumps and pumping equipment or
				  the decommissioning of water wells.
Licensed Pump Installation
				  Supervisor
means any individual who has obtained a license from
				  the Department and who is engaged in the installation of pumps and pumping
				  equipment or the decommissioning of water wells. Such supervisor may have
				  discretionary and supervisory authority over other employees of a pump
				  installation contractor.
Licensed Water Well Contractor
means an individual who has obtained a license from the Department and who is a
				  principal officer, director, manager, or owner-operator of any business engaged
				  in the construction or decommissioning of water wells.
Licensed Water Well Drilling
				  Supervisor
means any individual who has obtained a license from
				  the Department and who is engaged in the construction or decommissioning of
				  water wells. Such supervisor may have discretionary and supervisory authority
				  over other employees of a water well contractor.
Licensed Water Well Monitoring
				  Technician
means any individual who has obtained a license from
				  the Department and who is engaged solely in the measuring of ground water
				  levels, the collection of ground water samples from existing water wells, or
				  the inspection of installed water well equipment or pumping systems. A licensed
				  water well monitoring technician shall not supervise the work of others.
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.)
Pattern of Incompetent or Negligent
				  Conduct
means a continued course of incompetent or negligent
				  conduct in performing the duties of the profession.
Practice
means work done under the
				  Water Well Standards and Contractors' Practice Act that requires a license.
				  (See 178 NAC
				  10-003.)
Profession
means any profession or
				  occupation named in subsection (1) or (2) of
Neb. Rev.
				  Stat.
§
									38-121.
Provider
means an institution,
				  organization or individual that presents continuing education programs to
				  licensees and requests approval from the Board for the programs.
Pumps and Pumping Equipment
means
				  any equipment or materials utilized or intended for use in withdrawing or
				  obtaining ground water including, but not limited to, seals, tanks, fittings,
				  and controls.
Sampling Event
means the collection
				  of a single sample or a single set of samples per each site visit from a water
				  well for the purpose of water quality analysis.
Served in the Regular Armed Forces
has the same meaning as "military service" in these regulations.
Supervision
or its derivatives
				  means the ready availability of a person licensed under the Act for
				  consultation and direction of the activities of any person not licensed who
				  assists in the construction of a water well or the installation of pumps and
				  pumping equipment. Contact with the licensed contractor or supervisor by
				  telecommunication will be sufficient to show ready availability.
Water Sampling Practices
means acts
				  by which ground water samples are obtained from a water well or pumping system
				  in which the water well seal is broken. The term generally includes any act
				  which serves to protect the integrity of the water well or the quality of the
				  ground water and may include preparation of the sampling point, use of sampling
				  equipment, and certain aspects of sample collection. Water well monitoring
				  technicians may temporarily employ sampling equipment or pumping equipment in a
				  water well for each and every sampling event after which time the equipment
				  must be removed. Natural resources ground water technicians may temporarily
				  employ sampling equipment. Employment of sampling equipment for longer periods
				  of time or pumping equipment may only be carried out by a licensed pump
				  installation contractor or supervisor and is deemed to be pump installation
				  rather than water sampling practices.
Water Sampling Techniques
means the
				  procedure(s) and/or method(s) by which water sampling practices are
				  conducted.
Water Well
means any excavation
				  that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise
				  constructed for the purpose of exploring for ground water, monitoring ground
				  water, utilizing the geothermal properties of the ground, obtaining
				  hydrogeologic information, or extracting water from or injecting fluid as
				  defined in
Neb. Rev. Stat.
§
									81-1502
				  into the underground water reservoir. Water well does not include any
				  excavation made for obtaining or prospecting for oil or natural gas, or for
				  inserting media to repressure oil or natural gas bearing formations regulated
				  by the Nebraska Oil and Gas Conservation Commission.
Well Repairs
means any change,
				  replacement, or other alteration of any water well, pump or pumping equipment
				  or any other activity which requires a breaking or opening of the well
				  seal.
Well Seal
means an arrangement or
				  device used to cap a water well or to establish and maintain a junction between
				  the casing or curbing of a water well and the piping or equipment installed
				  therein, the purpose or function of which is to prevent pollutants from
				  entering the water well.