reglab/statecodes huggingface dataset:
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 178-12-007 - GROUND WATER MONITORING AND RECOVERY WELLS

Current through June 17, 2024
must be constructed in the following manner.
12-007.01
Well
				Screens
: The top of the screen aperture may extend to within 2
				feet of the land surface. The gravel pack thickness may be reduced so as to not
				compromise the surface seal.
12-007.02
Watertight Well
				Casing
12-007.02A Casing must be
				composed of nontoxic durable material compatible with water quality
				encountered.
12-007.02B Wells must
				be cased with watertight casing through required areas of grout. The watertight
				casing must extend at least 12 inches above ground level except for
				construction in sidewalks, roadways, driveways, parking lots, other heavily
				trafficked areas, or wherever else the situation requires flush mounted
				installation with watertight caps.
12.007.02C Casing must be chemically
				resistant to all contaminants which are expected to be encountered.
12.007.02D Casing must be equipped with a
				watertight cap or plug in conjunction with both flush mount and above-ground
				protectors.
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 178-12-008 - PUBLIC WATER SUPPLY SYSTEMS

Current through June 17, 2024
If a well is to serve water to the public, the contractor
				  must verify if the well is to serve a community or a non-community
				  system.
12-008.01 Community public
				water wells must be sited, constructed, and/or relined in accordance with Title
				179 NAC 7 requirements, including Department-approved plans and specifications.
				Examples of community public water systems include, but are not limited to
				mobile home parks, subdivisions, and nursing homes or assisted living
				residences.
12-008.02 Non-community
				public water systems include, but are not limited to restaurants, gas stations,
				factories, schools, rest areas, and recreation camps. When a well is intended
				to be a non-community public water supply well, the contractor may drill the
				well in accordance with the requirements of 178 NAC 12 only when:
1. The capacity of the well is less than 100
				gallons per minute (gpm), and the total system capacity of any associated
				bladder tank and piping does not exceed 200 gallons, and
2. The top of its well screen is greater than
				50 feet from the original ground surface, and
3. The well is located more than 200 feet
				from surface water, and
4. The
				owner supplies the contractor with written confirmation from the Department
				that states the well may be drilled according to Title 178 NAC 12
				standards.
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 178-12-009 - TEST HOLES

Current through June 17, 2024
Test holes, constructed in conjunction with ground water
				  investigations must not be retained for more than 10 days, must be covered when
				  not in use, and must be properly decommissioned within 10 days of
				  drilling.
12-009.01
Location
: A test hole must be located so that it is
				protected from surface waters and seepage from sources of contamination and
				pollution.
12-009.02
Surface Casing
: When onsite conditions dictate,
				surface casing is permitted but must be protected with a secure cover or cap
				when left unattended, and decommissioned within 10 days of drilling completion.
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 178-12-010 - GROUND WATER HEAT PUMP WELLS

Current through June 17, 2024
12-010.01
Open Loop Heat Pump Wells:
1. Water wells intended only to withdraw
				water must comply with 178 NAC 12004, Potable Water Wells.
2. Water wells intended only to inject ground
				water must comply with Nebraska Department of Environmental Quality's Title 122
				- Rules and Regulations for Underground Injection and Mineral Production
				Wells.
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 178-12-011 - INSTALLATION OF PUMPS AND PUMPING EQUIPMENT

Current through June 17, 2024
12-011.01
General Requirements
: The following are general
				requirements and apply to the installation of all pumps and pumping equipment
				not already regulated, such as public water systems under Title 179.
12-011.01A
Contamination
: Pumps and pumping equipment must be
				installed in a manner that prevents contaminants from entering the
				well.
12-011.01B
Disinfection
12-011.01B1 Care must be taken so that all
				tools used in the removal of pumps and pumping equipment are disinfected
				periodically, or as needed. Disinfection solution must be equivalent to 50
				parts per million chlorine solution (See Table 2). It is not permissible to lay
				the drop pipe, pump, pumping equipment, or wire on the ground.
12-011.01B2 When a pump for a potable well is
				installed or repaired the well must be disinfected with a disinfectant solution
				equivalent to 50 ppm chlorine solution (See Table 2), unless specifically
				waived in writing by the landowner. The waiver must be worded in accordance
				with Attachment 1, "Waiver of Disinfection." The water well contractor/pump
				installation contractor must supply the landowner with an informational
				brochure that tells the owner why s/he should test his/her water and what the
				results mean.
12-011.01C
Secure Cover
: Any water well which is being serviced
				or repaired must be protected with a secure cover or cap during periods when
				the water well is left unattended.
12-011.01D Packaging of thread compounds,
				sealants, and lubricants must bear the NSF Standard 61 stamp of
				approval.
12-011.01E
New
				Electrical Installations
: When designing and installing a new
				water supply system, the electrical components must comply with the state
				electrical code. Electrical work that does not appear to meet standards may be
				reported to the State Electrical Board.
12-011.01F
Repair or
				Modifications to Pumps and Pumping Equipment
: Upon the removal of,
				or the repair and/or modification to the pump or pumping equipment in which
				replacement of original equipment is required, current pump and pumping
				equipment installation standards must be followed. This includes replacement
				of, or modification to the electrical wiring and/or controls located in the
				electrical layout serving the pump and pumping equipment including connection
				to the load side of the service disconnect or breaker. Any upgrade of this
				electrical system must be in compliance with all current applicable state or
				national electrical codes, and be installed according to the manufacturer's
				specifications.
12-011.01G
Casing Vent
: If a vent is used, it must terminate in a
				down-turned position, at or above the top of the casing or pitless unit and be
				covered with a 24 mesh corrosion-resistant screen.
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 178-12-012 - WATER WELL DECOMMISSIONING

Current through June 17, 2024
12-012.01
General Requirements
: The well cavity of all water
				wells to be decommissioned must be filled and sealed in accordance with the
				appropriate procedure described below. Any licensed water well contractor
				constructing a water well for any customer must as a part of the agreement
				include the proper decommissioning of each water well and test hole constructed
				to explore for ground water pursuant to the agreement. A landowner may only
				decommission a driven sandpoint water well on land owned by him/her and used by
				him/her for farming, ranching, or agricultural purposes or as his/her place of
				abode. A well constructed after October 1, 1988, but not constructed according
				to Title 178 NAC 12 must have a Declaratory Order prior to
				decommissioning.
12-012.02
Preliminary Work
: Prior to decommissioning a water
				well, the depth of the well and the static water level must be measured and an
				investigation must be made to determine the details of the well construction.
				Potential sources of well construction details include:
1. The personal records of the
				owner,
2. The contractor that
				drilled the well,
3. The
				registration forms on file with the Nebraska Department of Natural Resources,
				available on its website,
4. Water
				well contractors familiar with the area, and
5. Water well records on file with the
				University of Nebraska-Lincoln Conservation and Survey Division, School of
				Natural Resources.
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 June 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.
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 178-12-014 - VARIANCES

Current through June 17, 2024
The Department may grant a variance from any rule,
				  regulation, or standard adopted and promulgated by the Department relating to
				  the construction of a water well upon proof by a licensed water well contractor
				  or well owner that the enforcement of the rule, regulation, or standard would
				  create an unreasonable hardship or be unreasonable, impractical, or not
				  feasible under the circumstances. A variance is limited to the construction of
				  a water well to replace an existing water well. A variance may only be
				  requested after a declaratory order about substantially equivalent procedure or
				  material has been requested and denied.
12-014.01
Procedures for
				Requesting a Variance
: The party requesting the variance or
				renewing a variance must submit the variance request to the Department along
				with any applicable fee. The request for a variance must be submitted in
				writing at least 10 days prior to the planned initiation of construction of the
				well involved. Variances may only be granted in writing by the Department. All
				variance requests must contain the following:
1. The name, address, telephone number, and
				signature of the individual(s) requesting the variance;
2. The specific rule(s) for which the
				variance is requested (if more than 1 rule is affected then each must be
				listed):
3. The reason the rule(s)
				cannot be met, with supporting evidence;
4. The length of time for which the variance
				is requested
5. The alternative or
				protective measure that will be taken to assure a comparable degree of
				protection to health or environment;
6. Construction plans and specifications of
				the proposed water well with all the relevant and required information listed
				in 178 NAC 12-003.12A; and
7. A
				scaled map showing the location of the well in relation to property lines,
				structures, utilities, and contamination sources.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations define the purpose, membership, duties,
				  and procedural rules for the operation of the Water Well Standards and
				  Contractors' Licensing Board. The authority is found in
Neb. Rev.
				  Stat
. §§ 46-12 01 to 46-12 41 and the Uniform
				  Credentialing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-002 - DEFINITIONS

Current through June 17, 2024
Act
means the Water Well Standards
				  and Contractors' Practice Act,
Neb. Rev. Stat
.
				  §§
									46-1201
				  to
				  46-1241.
Board
means the Water Well
				  Standards and Contractors' Licensing Board.
Department
means the Department of
				  Health and Human Services .
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. (In 178 NAC 10 to 13 it means those licenses
				  issued under the Act.)
UCA
means the Uniform Credentialing
				  Act,
Neb. Rev. Stat
. §§
									38-101
				  to
				  38-1,139.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-004 - BOARD DUTIES

Current through June 17, 2024
The duties of the Board include, but are not limited
				  to:
1. Setting the minimum standards
				of proficiency and competency,
2.
				Providing recommendations regarding reinstatement of licenses,
3. Providing recommendations related to the
				issuance or denial of licenses, disciplinary action, and changes in
				legislation,
4. Providing the
				Department with recommendations on regulations to carry out the Act and the
				UCA,
5. Setting construction
				standards for water wells,
6.
				Setting fees, and
7. Approving
				regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-005 - BOARD MEMBERSHIP

Current through June 17, 2024
005.01 Designation
				of Members
The Water Well Standards and Contractors' Licensing Board
				  will be composed of ten members, six of whom will be appointed by the Governor
				  as follows:
(1) a licensed water well
				contractor representing irrigation water well contractors,
(2) a licensed water well contractor
				representing domestic water well contractors,
(3) a licensed water well contractor
				representing municipal and industrial water well contractors,
(4) a licensed pump installation contractor,
(5) a manufacturer or supplier of
				water well or pumping equipment, and
(6) a holder of a license issued under the
				Water Well Standards and Contractors' Practice Act employed by a natural
				resources district. The chief executive officer of the Department of Health and
				Human Services or his/her designated representative, the Director of
				Environmental Quality or his/her designated representative, the Director of
				Natural Resources or his/her designated representative, and the Director of the
				Conservation and Survey Division of the University of Nebraska or his/her
				designated representative will also serve as members of the Board. Each member
				shall be a resident of the State of Nebraska. Each industry representative
				shall have had at least five years of experience in the business of his/her
				category prior to appointment and shall be actively engaged in such business at
				the time of appointment and while serving on the Board. Each member
				representing a category subject to licensing under the Water Well Standards and
				Contractors' Practice Act shall be licensed by the Department pursuant to the
				Act.
13-005.01A The appointed
				members of the board will be appointed for terms of five years except as stated
				in Neb. Rev. Stat. §
										46-1218. No
				appointed member will be appointed for or serve for more than two consecutive
				full five-year terms except as otherwise specifically provided in the
				UCA.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-006 - COMMITTEES

Current through June 17, 2024
The Board may establish advisory committees or other
				  advisory bodies as necessary for specific purposes. At least one Board member
				  will serve on each advisory committee or body, and other members may be
				  appointed from outside the Board. No committee thus established will have
				  authority to take final action on any matters assigned to it but will report
				  its findings and make recommendations to the full Board for action as
				  necessary.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-007 - CONDUCT OF BUSINESS

Current through June 17, 2024
007.01 Election of
				Officers
The Board will organize annually at its first meeting
				  subsequent to December 1 and will select a chairperson, a vice-chairperson, and
				  a secretary from its membership.
007.02 Quorum Requirements
No action may be taken by the Board unless a quorum is
				  present. A majority of the members of the Board constitutes a quorum for
				  transaction of business. Six affirmative votes will be necessary for the
				  passage of motions. Every act of a majority of the total number of members of
				  the Board will be deemed to be an act of the Board.
007.03 Designation of Meeting Dates and
				Notification Thereof
Meetings of the Board shall be called by the Board
				  Chairperson. Special meetings of the Board shall be called by the Chairperson
				  upon the written request of any three members of the Board. The Board
				  Chairperson will cause due notice to be publicized and transmitted to each
				  Board member no less than ten days prior to the meeting. Board members will
				  simultaneously be provided with copies of a tentative agenda and other relevant
				  material. Notice and conduct of all Board meetings will be in accordance with
				  the Nebraska Open Meetings Act. All meetings will be held at the offices of the
				  Department unless otherwise determined by the Board.
007.04 Parliamentary Rules
The Board will at all officially convened meetings conduct
				  its business in accordance with the current edition of Robert's Rules of Order
				  except insofar as they may be inconsistent with these rules and
				  regulations.
007.05
				Executive Secretary to the Board
The Department will designate an individual with the
				  approval of the Board to serve as Executive Secretary of the Board. The
				  Executive Secretary will act as administrative coordinator of the Board's
				  activities and needs; and, will be responsible for the recording of minutes of
				  meetings and their subsequent distribution to all Board members and other
				  concerned parties consistent with
Neb. Rev. Stat
.
				  §
										84-1413.
				  The Executive Secretary to the Board will keep continually current a roster of
				  the members of the Board, including their date of appointment and their term in
				  office; and will be responsible for notifying the Chairperson of the Board and
				  the Governor of any resignations or vacancies on the Board which may occur
				  because of limitation of terms as provided in
Neb. Rev.
				  Stat
§
										46-1218.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-009 - APPROVAL

Current through June 17, 2024
The Department, with the approval of the Board, shall adopt
				  and promulgate rules and regulations for the establishment of standards for
				  the:
1. Construction of water
				wells,
2. Installation of pumps and
				pumping equipment, and
3.
				Decommissioning water wells.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 13 - THE WATER WELL STANDARDS AND CONTRACTORS' LICENSING BOARD › Section 178-13-010 - REQUESTS FOR REPORTING

Current through June 17, 2024
The Board will routinely, as a part of each meeting, request
				  reports from each agency represented on the Board. In advising the Department
				  as provided under the Act, the Board will, following such reports, assign any
				  subjects or proposals requiring Board advice, consultation, or advice and
				  consent to any standing or special committee of the Board for further
				  investigation or work and will upon report of any such committee to the Board
				  take such further action as deemed appropriate. The Board may take such action
				  at any regular or special meeting of the Board with or without a public
				  hearing.
THESE AMENDED RULES AND REGULATIONS Replace Title 178 NAC 13,
				  Procedural Rules for Operation of the Water Well Standards and Contractors'
				  Licensing Board, effective June 13, 2007.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the professions and occupations,
				  businesses, training courses, and standards for asbestos activities under the
				  Asbestos Control Act, Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-6301 to
				  71-6317, and the Uniform
				  Credentialing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Asbestos Control Act, the Uniform
				  Credentialing Act, Title 172 Nebraska Administrative Code (NAC) 10, and the
				  following apply to this chapter.
002.01
AMENDED
				WATER.
A water solution containing an effective low sudsing
				wetting agent.
002.02
APPROPRIATE PROTECTIVE CLOTHING.
Protective outer
				clothing which is worn by an individual who is engaged in an asbestos project
				regardless of the concentration of asbestos fibers in the air within the
				asbestos project. Protective clothing consists of coveralls or similar whole
				body covering, head covers and foot covers.
002.03
APPROPRIATE
				RESPIRATOR.
An air purifying respirator providing protection
				against radionuclides and against dust, fumes and mists in air, and which
				provide the following respiratory protection for airborne concentrations of
				asbestos fibers:
(A) Airborne concentration of
				asbestos not in excess of one fiber per cubic centimeter will require a
				half-mask air-purifying respirator, other than a disposable respirator,
				equipped with high-efficiency particulate filters.
(B) Airborne concentration of asbestos not in
				excess of five fibers per cubic centimeter will require a full facepiece
				air-purifying respirator equipped with high-efficiency particulate
				filters.
(C) Airborne concentration
				of asbestos not in excess of ten fibers per cubic centimeter will require a
				powered air purifying respirator equipped with high efficiency particulate
				filters or a supplied-air respirator operated in continuous flow
				mode.
(D) Airborne concentration of
				asbestos not in excess of 100 fibers per cubic centimeter will require a full
				facepiece supplied air respirator operated in pressure demand mode.
(E) Airborne concentration of asbestos
				greater than 100 fibers per cubic centimeter will require a full facepiece
				supplied air respirator operated in pressure demand mode equipped with an
				auxiliary positive pressure self-contained breathing apparatus.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-003 - BUSINESS ENTITY LICENSE

Current through June 17, 2024
The following applies to business entities engaging in
				  asbestos projects:
003.01
LICENSE WAIVER.
The Department may waive the
				requirement for a license for a business entity as provided in Neb. Rev. Stat.
				§
									71-6309.
003.02
WORK
				PRACTICES.
A business entity which is licensed or for whom
				licensure has been waived must follow work practices set out in this chapter or
				any alternative procedure approved by the Department.
003.03
BUSINESS ENTITY
				REQUIREMENTS,
To obtain or renew a license an applicant must
				submit a complete application and provide documentation demonstrating that the
				applicant meets licensing requirements set out in statute and this chapter. An
				applicant must:
(A) Be owned by or employ a
				licensed supervisor;
(B) Implement
				a written plan for a respiratory protection program and a medical surveillance
				program. The plan must include who is responsible for implementing the
				programs;
(C) Own or certify
				immediate and continuing access to the following equipment, in operable
				condition, for use in each asbestos project in which it proposes to engage:
(i) Two high efficiency particulate air
				filter-equipped portable exhaust fans with a minimum rated capacity of 500
				cubic feet per minute;
(ii) Two
				high efficiency particulate air filter-equipped vacuuming devices equipped with
				hoses and attachments necessary for cleaning wet surfaces; and
(iii) Appropriate respirators, with a
				continuing inventory of at least ten high efficiency particulate air filters
				specifically designated for use with each respirator, in sufficient quantities
				to meet all anticipated requirements; and
(D) Require and have documentation onsite
				that shows all individuals at friable asbestos projects have a valid Nebraska
				asbestos license, training, physical, and respirator fit test.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-004 - LICENSURE FOR INDIVIDUALS

Current through June 17, 2024
To obtain a license, an individual must submit a complete
				  application provided by the Department and provide documentation demonstrating
				  that the applicant meets the requirements set out in statute, 172 NAC 10, and
				  this chapter.
004.01
INITIAL LICENSE,
All applicants must submit the
				following:
(A) The original of a certificate
				showing successful completion within the prior 12 months of an approved program
				for initial training in the discipline applied for or the original of a
				certificate showing successful completion of an approved program for initial
				training in the discipline applied for and the original of a certificate
				showing successful completion of approved program of review trainings in the
				discipline applied for that were taken annually since completion of the initial
				training;
(B) The original of a
				certificate showing successful completion of an approved Nebraska law training
				program if applying pursuant to Neb. Rev. Stat. §
										71-6310(3);
				and
(C) Documentation of an
				examination by a physician within the preceding 12 months which includes a
				declaration by the physician that the applicant is physically capable of
				working while wearing a respirator for all disciplines except limited project
				designer and limited management planner.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-006 - ASBESTOS OCCUPATION TRAINING AND REVIEW COURSE CURRICULUM

Current through June 17, 2024
A training program must meet the minimum training curriculum
				  requirements contained in Neb. Rev. Stat. §
									71-6310.01 through
				  71-6310.02, 40 CFR Part 763
				  Appendix C and this chapter.
006.01
ASBESTOS OCCUPATION ANNUAL REVIEW COURSES.
Each
				asbestos occupation review course must be specific to each occupation and
				include, at a minimum, an examination and eight hours of instruction except
				that a review course for asbestos inspectors must include four hours of
				instruction.
006.02
CURRICULUM.
The curriculum for an asbestos occupation
				review course must include the following components of classroom instruction:
(A) Current federal, Nebraska, and local
				requirements, including changes;
(B) Review of key elements of each respective
				asbestos occupation initial training courses as required in these
				regulations;
(C) State-of-the-art
				developments in work practices and engineering controls related to asbestos
				activities; and
(D) Review of the
				potential health effects related to asbestos exposure.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-007 - ASBESTOS PROJECT NOTIFICATION REQUIREMENTS

Current through June 17, 2024
Before initiating any asbestos project, a business entity or
				  individual must submit to the Department a written project notification on a
				  form provided by the Department with all requested information and any required
				  fee. A separate project notification is required for each structure where an
				  asbestos project is performed, except when projects will be performed on or in
				  identical multiple structures, and all of the work will be performed in a
				  continuous manner, then only one project notice will be required. If the
				  project is not planned, but is an emergency which results from a sudden,
				  unexpected event, written notice is not required prior to project start, but
				  written asbestos project notification with all requested information and any
				  required fee must be provided to the Department within 48 hours of project
				  start. All renovation or demolition work must be inspected for the presence of
				  asbestos containing material prior to the beginning of work. If an inspection
				  for asbestos containing material prior to beginning renovation or demolition
				  was not done, then the discovery of asbestos containing material after work
				  begins does not meet the sudden, unexpected event criteria for an emergency,
				  and abatement of the asbestos containing material cannot be performed as an
				  emergency project.
007.01(A)
NOTIFICATION UPDATES.
The Department must be notified
				of changes to information contained in the project notification or in an update
				within 24 hours of knowledge of such change and 24 hours prior to work being
				done on the project. Notice may be given by telephone 402-471-0386,
				electronically, or written letter. If the business entity wishes to have a
				verified record that such notice was given it must use certified mail, return
				receipt requested in submitting its written letter. An updated notice must be
				given for:
(i) A new start date for a project
				the Department must receive notification of the new starting date 24 hours
				before work on the project is begun;
(ii) A new work schedule for a project,
				either days, work shift, or both;
(iii) Typographical or clerical errors which
				would affect the Department's ability to perform an inspection of the project;
				or
(iv) Increasing the size of a
				project by adding a new location within a structure, such as adding work in a
				new room on the same floor as the original project or adding work on a
				different floor. Increasing the size of a project will not require a new
				project review fee unless the original project was too small to require a
				project review fee under this chapter and the total of all work done at the
				project site will now meet or exceed the size requirements for a project review
				fee set forth in this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-008 - RECORDS AND INSPECTIONS

Current through June 17, 2024
Business entities must comply with the requirements listed in
				  this section.
008.01
RECORDKEEPING.
Any business entity performing an
				asbestos project must keep a separate record for each project as set out in
				Neb. Rev. Stat. §
									71-6307 and the following
				information:
(A) The name and address of the
				owner of the structure in which the project occurred; and
(B) The results of any clearance air sampling
				and analysis performed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-009 - SCHEDULE OF FEES

Current through June 17, 2024
Following are the fees for business licenses, individual
				  licenses, and waivers:
(A) For
				issuance or renewal of a license to engage in an asbestos project, waiver of a
				license on an emergency basis or waiver of a license for a business entity not
				primarily engaged in asbestos projects, the fee is $3,000, $300 of which will
				be a nonrefundable application fee to be retained by the Department as an
				administrative fee. The fee covers a 12 month period beginning on the effective
				date of issuance or renewal or waiver thereof. No portion of the fee will be
				refunded if the license or waiver is suspended or revoked during the 12 month
				period or if the business entity othen/vise discontinues activity within the
				State during any portion of the 12 month period.
(B) The fee for an initial license, renewal
				of a license, or waiver of license on an emergency basis is
(i) Worker
$110.00
(ii) Supervisor
$200.00
(iii) Project Designer
$200.00
(iv) Project Monitor
$200.00
(v) Inspector
$200.00
(vi) Management Planner or Limited Management
								Planner (Includes Inspector)
$300.00
(C)
				The fee for an initial limited license, renewal of limited license, or waiver
				of limited license on an emergency basis is:
(i) Project Designer
$200.00
(ii) Management Planner
$200.00
(D)
				For project review of each asbestos project notification submitted by a
				licensed business entity, the fee is $200. No portion of the fee will be
				refunded under any circumstance. Should an initial on-site inspection reveal
				the need for reinspection, an additional fee will be assessed in accordance
				with 178 NAC 22-009.04. Non-friable projects are not subject to the
				notification fee.
(E) For on-site
				inspections or reinspections other than initial inspections, the fee is $150.
				No portion of the fee will be refunded under any circumstance.
(F) For approval of a training course for any
				asbestos occupation, the fee is $1,000.
(G) For approval of a review course for any
				asbestos occupation or a four hour course on Nebraska law, rules and
				regulations, the fee is $500.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-010 - WORK PRACTICES FOR GENERAL SECURITY AND MANAGEMENT OF ASBESTOS PROJECTS

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual must establish general security and management work practices for
				  asbestos projects.
010.01
SITE PREPARATION.
Prepare the site of the asbestos
				project as follows:
(A) Demarcate the asbestos
				project perimeter clearly by roping it off 25 feet outside the work area
				perimeter:
(i) If a 25 foot perimeter is not
				possible, demarcate as close to the 25 foot limit as possible; and
(ii) If a containment area is established and
				managed in accordance with the work practices of 178 NAC 22-011, then use the
				containment perimeter as the project perimeter;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-011 - WORK PRACTICES TO ESTABLISH AND MANAGE CONTAINMENT AREAS

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual must construct and manage a containment area for asbestos projects
				  as set out in this chapter.
011.01
WORK AREA REQUIREMENTS.
Construct and prepare a work
				area as follows:
(A) Preclean all moveable
				furnishings, equipment, and fixtures in the work area with a high efficiency
				particulate air filter-equipped vacuuming device or by wet cleaning methods;
(i) After cleaning, remove these items from
				the work area and store in an area which is not subject to contamination with
				asbestos containing material until the conclusion of the project. If the
				storage area contains asbestos containing material, reclean items prior to
				returning items at the conclusion of the project;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-012 - WORK PRACTICES TO KEEP ASBESTOS CONTAINING MATERIAL WET

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual must use wet methods for asbestos projects.
012.01
KEEP MATERIAL
				WET.
Saturate all exposed surfaces of the asbestos containing
				material to be removed with a water solution that contains an effective wetting
				agent or with a removal encapsulant.
(A) Apply
				the wetting solution with a low pressure spraying system; and
(B) Determine the effectiveness of the
				solution in penetrating the asbestos containing material by applying it to a
				small representative sample of the material before the asbestos project is
				initiated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-013 - WORK PRACTICES TO BE FOLLOWED FOR ASBESTOS REMOVAL PROJECTS

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual responsible for an asbestos project to remove asbestos containing
				  material in an area which can be expected to be reoccupied or in an area which
				  is or will be accessible from an occupied area must comply with the following
				  unless other applicable work practices outlined in these regulations are
				  followed:
(A) Establish general
				security and management work practices in accordance with 178 NAC
				22-010;
(B) Establish and manage a
				containment area in accordance within the work practices of 178 NAC
				22-011;
(C) Remove asbestos
				containing material wet in accordance with the work practices of 178 NAC
				22-012; and
(D) Coat cleaned
				surfaces from which asbestos containing material has been removed with an
				effective color-tinted sealing material.
013.01
OUTDOOR
				PROJECTS.
In addition to meeting the requirements of 129 NAC 12
				"Operating Permit Renewal and Expiration," Nebraska Department of Environment
				and Energy, the licensed or waivered business entity or licensed individual
				responsible for removing asbestos containing material in outdoor areas must
				comply with the following unless other applicable work practices outlined in
				these regulations are followed:
(A) Establish
				general security and management work practices in accordance with 178 NAC
				22-010;
(B) To preclude spread of
				contamination to nearby indoor areas, securely cover each door, window,
				ventilation duct or other opening into such areas within 25 feet of the work
				area with plastic sheeting not less than 6 mil thick;
(C) Remove asbestos containing material wet
				in accordance with the work practices of 178 NAC 22-012; and
(D) Coat cleaned surfaces from which asbestos
				containing material has been removed with an effective color-tinted sealing
				material.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-014 - WORK PRACTICES TO BE FOLLOWED FOR ASBESTOS ENCLOSURE PROJECTS

Current through June 17, 2024
To use enclosure as a method of controlling asbestos fiber
				  release from asbestos containing material, the licensed or waivered business
				  entity or licensed individual must comply with the following:
(A) Establish general security and management
				work practices in accordance with 178 NAC 22-010;
(B) Preclean the area to be enclosed with a
				high efficiency particulate air filter-equipped vacuuming device or by wet
				cleaning methods;
(C) Ensure that
				the area containing the asbestos containing material to be enclosed can be
				sealed airtight within the enclosure and that the underlying structure can
				support the weight of the enclosure;
(D) Install the enclosure in such a manner as
				to minimize disturbance of asbestos containing material; and
(E) Designate enclosed asbestos containing
				material by labels, signs, charts or color codes in order to warn building
				maintenance personnel in the event the enclosure must be disturbed.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-015 - WORK PRACTICES TO BE FOLLOWED FOR ASBESTOS ENCAPSULATION PROJECTS

Current through June 17, 2024
To use encapsulation as a method of controlling asbestos
				  fiber release from asbestos containing material, the licensed or waivered
				  business entity or licensed individual must comply with the following:
(A) Establish general security and management
				work practices in accordance with 178 NAC 22-010. Require use of respirators
				that provide protection against any potentially hazardous chemicals contained
				in the encapsulant as well as protection set out in definition;
(B) Establish and manage a containment area
				in accordance with the work practices of 178 NAC 22-011;
(C) Use of encapsulation is subject to the
				following:
(i) Do not apply encapsulant to
				fibrous sprayed-on asbestos containing material or to cementitious asbestos
				containing material that evidences poor adhesion to the surface to which it is
				to be applied; and
(ii) Do not
				apply encapsulant to asbestos containing material installed on surfaces subject
				to frequent abrasion or other physical damage;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-016 - WORK PRACTICES TO BE FOLLOWED FOR ASBESTOS RELATED DISMANTLING PROJECTS

Current through June 17, 2024
If structural or equipment items covered with asbestos
				  containing material are intended to be moved without first removing the
				  material, the licensed or waivered business entity or licensed individual must
				  comply with the following:
(A) Do not
				remove asbestos containing material or dismantle items containing asbestos
				until a work area is established;
(B) Establish general security and management
				work practices in accordance with 178 MAC 22-010;
(C) Remove asbestos containing material to
				expose the surface to be cut using wet methods in accordance with the work
				practices of 178 MAC 22-012;
(D)
				Securely enclose in two layers of plastic sheeting not less than 6 mil thick
				any exposed asbestos containing material remaining on structural items or
				equipment items before removing from the work area as follows:
(i) Remove material as intact sections or
				components whenever possible; and
(ii) Lower the enclosed items carefully to
				ground level and do not drop, throw or slide while handling;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-017 - WORK PRACTICES TO BE FOLLOWED FOR ASBESTOS RELATED DEMOLITION PROJECTS

Current through June 17, 2024
A licensed or waivered business entity or licensed individual
				  must not demolish a structure containing friable asbestos containing material
				  or other asbestos which may become friable when cut, crushed, ground, abraded,
				  pulverized, or burned until such material has been removed from the structure.
				  To remove asbestos containing material from a structure scheduled to be
				  demolished, the licensed or waivered business entity or licensed individual
				  must comply with the following unless other applicable work practices set out
				  in this chapter are followed:
(A)
				Establish general security and management work practices in accordance with 178
				NAC 22-010;
(B) Seal airtight each
				window, door and other direct opening between the work area from which asbestos
				containing material is to be removed and other areas of the structure which are
				not to be demolished. Use and securely fasten plastic sheeting not less than 6
				mil thick;
(C) Install a control
				curtain In the entryway designated for access;
(D) Install and operate high efficiency
				particulate air filter-equipped ventilation fans so that air will be discharged
				continually from all locations within the work area in accordance with 178 NAC
				22-011.01(D) for all projects equal to or greater than 260 linear feet or any
				combination which is equal to or greater than 160 square feet and linear
				feet;
(E) Construct and operate the
				following:
(i) A change room where clothing
				can be removed before showering in accord with 178 NAC 22-011.02(D);
(ii) A shower room in accord with 178 NAC
				22-011.02(E);
(iii) A clean room in
				accord with 178 NAC 22-011.02(F); and
(iv) Tools will not be required to be kept in
				the change room, but tools must be cleaned and free of all visible residue or
				sealed in 6 mil plastic before removal from the work area in accord with 178
				NAC 22-010.03(A);