§ 71-2618 — Water samples; analyses; fees; testing; agreements; certification; standards; fees; existing rules, regulations, certifications; agreements, forms of approval, suits, other proceedings; how treated

(1) For purposes of the Nebraska Safe Drinking Water Act, the Director of Public Health of the Department of Health and Human Services may establish and collect fees for making laboratory analyses of water samples pursuant to sections 71-2619 to 71-2621 , except that subsection (6) of section 71-2619 shall not apply for purposes of the Nebraska Safe Drinking Water Act. Inspection fees for making other laboratory agreements shall be established and collected pursuant to sections 71-2619 to 71-2621 .
(2)(a) The Director of Public Health of the Department of Health and Human Services shall certify and enter into authorization agreements with laboratories to perform tests on water that is intended for human consumption, including the tests required by the director for compliance and monitoring purposes. The director shall establish, through rules and regulations, standards for certification. Such standards (i) may include requirements for staffing, equipment, procedures, and methodology for conducting laboratory tests, quality assurance and quality control procedures, and communication of test results, (ii) shall provide for certification of independent laboratories to test samples provided by public water systems for all acute toxins for which the department tests such samples, including, but not limited to, coliform, nitrates, inorganic chemicals, organic chemicals, radionuclides, and any other acute toxins for which the department tests such samples, and (iii) shall be consistent with requirements for performing laboratory tests established by the United States Environmental Protection Agency to the extent such requirements are consistent with state law. The director may accept accreditation by a recognized independent accreditation body, public agency, or federal program which has standards that are at least as stringent as those established pursuant to this section. The director may adopt and promulgate rules and regulations which list accreditation bodies, public agencies, and federal programs that may be accepted as evidence that a laboratory meets the standards for certification. Inspection fees and fees for certifying other laboratories shall be established and collected to defray the cost of the inspections and certification as provided in sections 71-2619 to 71-2621 .
(b) Laboratories shall be allowed to test water samples which are not compliance samples by testing methods other than the methods and procedures required to be used on compliance samples by rules and regulations of the department. For purposes of this section, compliance sample means a water sample required under the Nebraska Safe Drinking Water Act and rules and regulations of the department to determine whether a public water system meets current drinking water standards.
(3) All rules and regulations adopted prior to July 1, 2021, under subdivision (1)(b) or subsection (2) of section 71-5306 shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148, and until amended or repealed by the department.
(4) All certifications, agreements, or other forms of approval issued prior to July 1, 2021, in accordance with subdivision (1)(b) or subsection (2) of section 71-5306 shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(5) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under subdivision (1)(b) or subsection (2) of section 71-5306 shall be subject to the provisions of such section as they existed prior to July 1, 2021.

Legislative History

Source: Laws 2021, LB148, § 71. Cross References: Nebraska Safe Drinking Water Act, see section 71-5313.