reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-073 - "Repair"

Current through June 17, 2024
"Repair" means the correction of a mechanical, electrical, or minor
	 structural defect in an existing onsite wastewater system component such as,
	 but not limited to, sealing a crack in a tank lid, repairing or replacing a
	 tank baffle or access manhole riser, repairing or replacing a pump or
	 electrical switch, leveling a distribution box, replacing a building sewer
	 pipe, or replacing a cracked pipe between the septic tank and soil absorption
	 system. Repair does not include replacement, reconstruction or modification of
	 a tank or soil absorption system; extension or enlargement of a soil absorption
	 component and system; replacement of a distribution pipe; or repair or
	 replacement of a metal or concrete block tank.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-074 - "Sand"

Current through June 17, 2024
"Repair" means a soil material composed by weight of at least 90
	 percent of soil particles ranging in size between 0.05 and 2.0 mm or 0.002
	 inches and 0.08 inches.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-076 - "Seepage pit"

Current through June 17, 2024
"Seepage pit" means an excavation or structure constructed below or
	 partially below the water table into which waste or wastewater has or can
	 discharge and from which the waste or wastewater has or can seep into the
	 surrounding saturated soil. A seepage pit is a prohibited system for the
	 purposes of these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-077 - "Septic system"

Current through June 17, 2024
"Seepage pit" means an onsite wastewater treatment system that has a
	 septic tank for primary treatment and a trench or bed soil absorption system
	 for secondary treatment of wastewater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-078 - "Septic tank"

Current through June 17, 2024
"Septic tank" means a watertight covered receptacle designed and
	 constructed to receive wastewater from a building sewer, attenuate flows, store
	 digested solids through a period of detention to allow settleable and floating
	 solids to separate from liquids, allow digestion of organic matter by anaerobic
	 bacteria, and allow the clarified liquid to discharge for additional treatment
	 and final dispersal to a soil absorption system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-079 - "Sewage"

Current through June 17, 2024
"Septic tank" means any water carrying domestic waste exclusive of
	 footing and roof drainage, from any industrial, agricultural, or commercial
	 establishment or any dwelling or any other structures. Domestic waste includes
	 but is not limited to liquid waste produced by bathing, laundry, cooking
	 operations, and liquid waste from toilets and floor drains and specifically
	 excludes animal waste and commercial process water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-081 - "Siting"

Current through June 17, 2024
"Siting" means the practice of the investigation, examination, and
	 reporting of design-controlling physical characteristics of an area at which an
	 onsite wastewater system is to be constructed, reconstructed, altered, or
	 modified; including, but not limited to topography, drainage, landscape
	 position, soil evaluation, location and type of wells, water lines, property
	 lines, foundations, and surface water features.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-084 - "Soil absorption system"

Current through June 17, 2024
"Soil absorption system" means a drainfield, leaching area, or seepage
	 bed, including the effluent application or distribution system used for the
	 soil based dispersal and treatment of wastewater or effluent. The soil
	 absorption system includes the infiltrative soil surface in the absorption
	 trench, the undisturbed soil between and around the trenches, and a final cover
	 of suitable soil to stabilize the completed installation, support vegetative
	 growth and shed runoff. The soil absorption system is the part of the onsite
	 wastewater treatment system that uses the soil to further treat and dispose of
	 effluent from the onsite wastewater treatment system in a manner that does not
	 result in a point source discharge and does not create a nuisance, health
	 hazard, or ground or surface water pollution.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-085 - "Soil Evaluation"

Current through June 17, 2024
"Soil Evaluation" means the practice of the investigation, examination,
	 testing, and reporting of design-controlling characteristics of the soil and
	 subsurface features at an area at which an onsite wastewater soil absorption
	 system is to be constructed, reconstructed, altered, or modified; including,
	 but not limited to soil type, structure, permeability, absorption capacity, and
	 percolation rate, and the depth to seasonal high groundwater, bedrock, or other
	 subsurface barrier layers.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-086 - "Soil Evaluator"

Current through June 17, 2024
"Soil Evaluator" means a certified professional holding a certificate
	 by examination or a hardship certificate issued by the Department in the
	 category of Soil Evaluator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-087 - "Subdivision"

Current through June 17, 2024
"Subdivision" means the division of a lot, tract, or parcel of land
	 into two or more lots, sites, or other divisions of land for the purpose,
	 whether immediate or future, of ownership or building development, except that
	 the division of land will not be considered to be a subdivision when the
	 smallest parcel created is more than 10 acres in area. For the purposes of this
	 regulation, the term "subdivision" includes the dividing of an area of land
	 into smaller areas to be sold, transferred, leased, rented, or allowed to be
	 used for the purpose of constructing or locating a dwelling or non-dwelling
	 facility that generates wastewater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-088 - "Surface waters"

Current through June 17, 2024
"Surface waters" means all waters within the jurisdiction of this
	 state, including all streams, lakes, ponds, impounding reservoirs, marshes,
	 wetlands, watercourses, waterways, springs, canal systems, drainage systems,
	 and all other bodies or accumulations of water, natural or artificial, public
	 or private, situated wholly or partly within or bordering upon the state.
	 Impounded waters in this definition do not include areas designated by the
	 Department as wastewater treatment or wastewater retention facilities or
	 irrigation reuse pits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-089 - "Tank"

Current through June 17, 2024
"Tank" means a watertight structure or container used to hold
	 wastewater for such purposes as aeration, dilution, disinfection, equalization,
	 mixing, sedimentation, storage, collection for transport, treatment, or
	 addition of chemicals.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-090 - "Trench or absorption trench"

Current through June 17, 2024
"Trench or absorption trench" means an excavation containing filter
	 material and an effluent distribution system used for the distribution of
	 effluent in a soil absorption system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-091 - "Wastewater"

Current through June 17, 2024
"Wastewater" means liquid and water borne wastes from a dwelling or
	 non-dwelling facility. Wastewater includes both blackwater and
	 graywater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 1 - DEFINITIONS › Section 124-1-093 - "Wastewater works"

Current through June 17, 2024
"Wastewater works" means facilities for collecting, transporting,
	 pumping and treating wastewater and the disposal of treated effluent and
	 sludge.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-001

Current through June 17, 2024
A dwelling or non-dwelling facility that generates wastewater is to
	 have an onsite wastewater treatment system in accordance with these regulations
	 or be connected to a wastewater works. For the purposes of these regulations, a
	 wastewater treatment system with a design flow greater than 1,000 gallons per
	 day and that does not use a soil absorption system is not considered an onsite
	 wastewater treatment system but is considered a wastewater works subject to the
	 requirements in Nebraska Administrative Code Title 123 - Rules and Regulations
	 for the Design, Operation and Maintenance of Wastewater
	 Works.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-002

Current through June 17, 2024
Private onsite wastewater treatment systems installed at an electric
	 generation facility site owned by a district organized under Nebraska Revised
	 Statutes, Chapter 70, article 6 are not subject to registration of the onsite
	 systems or required to have installation of the system by a certified Onsite
	 Professional.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-003

Current through June 17, 2024
Cesspools, dry wells, leeching pits, and seepage pits are prohibited
	 systems and will not accept wastewater. A prohibited system will not satisfy
	 the requirement to have an onsite wastewater system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-004

Current through June 17, 2024
An existing onsite wastewater treatment system must obtain a new
	 construction and/or operating permit or coverage under a general permit in
	 accordance with this title if:
004.01
  It endangers public health or environment, fails, or discharges a prohibited or
  unauthorized discharge.
004.02 It
  is being replaced, reconstructed, altered, repaired or modified, and the
  repairs are not exempted under 005 below;
004.03 There is an adverse change in use such
  as an increase in the number of bedrooms, design flow, or waste
  strength;
004.04 It begins to
  receive wastewater from a different dwelling or non-dwelling facility than it
  was originally constructed to serve;
004.05 It begins to receive wastewater from a
  dwelling or non-dwelling facility that is reconstructed or replaced following
  an event such as fire that renders the structure unsuitable for occupancy;
  or
004.06 The system owner creates
  or causes an encroachment on a setback distance by a change in a property line
  or construction of a new development feature such as a well, water line or
  foundation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-005

Current through June 17, 2024
Repairs and maintenance can be performed on an onsite wastewater
	 treatment system that functions properly without being subject to the
	 requirement to obtain a construction permit if:
005.01 The repair is to fix a minor
  structural defect of the existing system such as: to seal a crack in a tank
  lid; level a distribution box; or to repair or replace a manhole riser,
  inspection pipe, tank baffle, building sewer pipe, or a pipe between the septic
  tank, sanitary tee and soil absorption system, or
005.02 The repair is to fix a mechanical
  device, such as repair or replacement of a pump, blower, or electrical
  equipment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-006

Current through June 17, 2024
A temporary modification to a failed onsite wastewater treatment system
	 may be performed without obtaining a permit in accordance with these
	 regulations if the modification is to prevent a surface discharge or reduce a
	 threat to public health. The temporary modification must be registered with a
	 written description submitted with the registration which states that a
	 temporary modification was made and which also specifically describes the
	 problem that caused the discharge with the reason the temporary modification
	 was made. A system with a temporary modification is not to be operated for more
	 than four months without Department approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-007

Current through June 17, 2024
In implementing these regulations, the Department will consider the
	 following:
007.01 The use
  classification of the surface water and groundwater (Title 117 - Nebraska
  Surface Water Quality Standards and Title 118 - Ground Water Quality Standards
  and Use Classification);
007.02
  Vulnerability of surface water and groundwater to pollution;
007.03 The beneficial uses existing or
  assigned to the surface water and groundwater. Beneficial uses are those uses
  of surface water and groundwater as determined through Title 117 and Title 118,
  respectively;
007.04 Characteristics
  of the onsite wastewater treatment system;
007.05 Technical, socioeconomic, and other
  appropriate site-specific factors.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-008

Current through June 17, 2024
The owner of any dwelling or non-dwelling facility will establish a
	 reserve area sufficient in size to be used for a replacement onsite wastewater
	 treatment system capable of meeting the requirements of the construction permit
	 or general permit covering the original system and these regulations. The
	 reserve area will be considered a part of the onsite wastewater treatment
	 system and all setback requirements apply to the reserve
	 area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-009

Current through June 17, 2024
Location of an onsite wastewater treatment system on property not owned
	 by the facility using the system is to have a properly executed and filed
	 property easement which is to include provisions that allow for the operation
	 and maintenance of the onsite wastewater treatment system. A copy of the filed
	 easement is to be submitted with the system registration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-010

Current through June 17, 2024
Setback distances for all onsite wastewater treatment systems will be
	 established by the Department in either this regulation, a construction permit,
	 general permit, or memorandum of agreement with a local government agency as
	 determined by the Department to be necessary to protect public health, the
	 environment, surface water, and groundwater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-012

Current through June 17, 2024
Soil percolation tests are to be conducted in the area where the soil
	 absorption system will be located and using a testing methodology approved by
	 the Department.
012.01 Soil percolation
  tests are to be conducted by a professional engineer, registered environmental
  health specialist, or a certified professional holding a certificate in the
  category of Inspector, Soil Evaluator, Master Installer, or Journeyman
  Installer.
012.02 The Department
  may require verification of percolation rates when submitted results are
  inconsistent with other known data.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 2 - APPLICATION OF REGULATIONS; GENERAL PROVISIONS › Section 124-2-013

Current through June 17, 2024
Members of the Private Onsite Wastewater Treatment System Advisory
	 Committee, as created by Neb. Rev. Stat. §
									81-15,245,
	 who are appointed by the Director, will serve at the pleasure of the Director,
	 but not for more than two four year terms unless a replacement member cannot be
	 found. The Director will appoint a replacement for any member who resigns or
	 otherwise concludes his or her term on the committee for any position which the
	 Director made the initial appointment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-002

Current through June 17, 2024
A private onsite wastewater treatment system is to be permitted by the
	 Department before any construction, reconstruction, alteration, modification,
	 or repair not exempted in Chapter 2 is performed or the system is operated. The
	 two procedures designed to cover all onsite wastewater treatment systems under
	 these regulations are as follows:
002.01 General Permits as described in 003
  below.
002.02 Construction and
  Operating Permits as described in 004, 005, and 006 below.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-003 - General Permits

Current through June 17, 2024
003.01 If the
  Director determines that numerous owners of similar dwelling or non-dwelling
  facilities would be subject to identical design and procedural requirements to
  construct, reconstruct, alter, modify, or operate an onsite wastewater
  treatment system, the Director may issue a general permit following the
  procedures specified in this Chapter. The general permit will specify design,
  construction, and operation requirements for all applicable systems.
003.02 If the Director, in his or her
  discretion, determines a general permit is appropriate, he or she will initiate
  issuance of a general permit by publication of a notice which will contain:
003.02A Department contact
  information;
003.02B A brief
  description of the System design parameters, activities, and/or operations
  addressed by the permit;
003.02C A
  statement of the criteria for owners of dwelling or non-dwelling facilities
  that qualify for the permit;
003.02D A brief description of the comment
  procedures and the time and place of any hearing if already scheduled, and
  other procedures by which the public may participate in the final general
  permit decision; and
003.02E The
  name, address, and telephone number of the person from whom interested persons
  may obtain further information, and inspect and copy forms and related
  documents.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-004 - Construction and Operating Permit Application

Current through June 17, 2024
004.01 The
  construction permit and the operating permit for a single system are covered by
  one application.
004.02 The owner
  of a dwelling or non-dwelling facility will submit a complete permit
  application on a form provided by the Department and include any supporting
  documents or reports requested.
004.03 The plans, specifications, reports,
  and other technical documents submitted as part of the application will be
  prepared and properly stamped and signed by a Professional Engineer.
004.04 The Department may require additional
  information to ensure proper engineering design and operation.
004.05 The permit application fee (see
  Appendix A) is to be submitted to the Department with the application. For
  subdivisions, a fee will be due for each lot subject to
  approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-005 - Construction Permit

Current through June 17, 2024
005.01 The owner of
  a dwelling or non-dwelling facility or the owner's designee, proposing to
  construct, reconstruct, alter, modify, or make a repair not exempted in Chapter
  2 to an onsite wastewater treatment system not covered by a general permit will
  apply for and obtain a construction permit from the Department prior to
  construction of the system.
005.02
  The design of all onsite wastewater treatment systems not covered by a general
  permit will be approved by the Department prior to issuance of a construction
  permit.
005.03 Onsite wastewater
  treatment systems will be designed in a manner and using engineering standards,
  as determined by the Department, necessary to protect public health, the
  environment, surface water, and groundwater.
005.03A Tank Design. Considerations the
  Department will use when approving tank design will include, but not be limited
  to, the type of facility that the system will serve, the character of the
  wastewater the system will receive, and the capacity required for proper
  operation.
005.03A3 Concrete block and metal
  are not acceptable materials for new tank construction. When an existing system
  is being replaced, reconstructed, altered, or modified and there is an existing
  concrete block or metal tank that is part of the system, the tank is to be
  inspected. The existing tank is to be replaced with a tank which has been
  permitted by the Department unless the existing tank is determined to be
  structurally sound and watertight.
005.03A4 The tank will be designed to
  withstand soil pressures when empty and not collapse or undergo excessive
  deflection which would prevent the proper operation of the system, crack or
  distort components of the system such as the baffles, prevent proper sealing of
  lids over manholes and inspection ports, reduce capacity below the required
  minimum tank design capacity, or reduce the design working volume of the
  system.
005.03A7 An existing
  restaurant or non-dwelling facility involved in food preparation that is
  replacing or modifying its onsite wastewater treatment system may install an
  additional septic tank in the waste line in lieu of a grease trap tank provided
  the following conditions are met:
005.03A7a
  The restaurant or non-dwelling facility was constructed before August 11,
  2012;
005.03A7b The current kitchen
  and non-kitchen waste streams are not separated;
005.03A7c The additional septic tank is sized
  following Section 005.03A8 below; and
005.03A7d The additional tank is placed in
  series with other tanks and all tanks comply with all other requirements of
  this Title.
005.03A8 The
  minimum capacity of any grease trap tank is to be 750 gallons. A grease trap
  tank is to provide twenty four hours of detention time for the average daily
  flow.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-006 - Operating Permit

Current through June 17, 2024
006.01 An operating
  permit may be issued when construction that complies with the approved
  construction permit documents has been completed and:
006.01A The Professional Engineer who
  designed the system submits a completed form provided by the Department which
  notifies the Department of construction completion
006.01B The system registration form, system
  registration fee, and any applicable late fee have been received by the
  Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-007

Current through June 17, 2024
Any permit or coverage under a general permit may be denied, suspended,
	 or revoked, after notice and opportunity for public hearing according to NAC
	 Title 115, for cause, including, but not limited to:
007.01 Violation of any term or condition of
  a permit or general permit.
007.02
  Obtaining or attempting to obtain a permit by misrepresentation of any relevant
  facts or failure to disclose fully all relevant facts.
007.03 Information indicating that the onsite
  wastewater treatment system is likely, in the Department's judgment, to
  adversely affect human health or that a potential for ground or surface water
  pollution exists.
007.04 The
  existence of factors arising after permit or general permit issuance which
  would have required limitations or a denial of permit application or coverage
  under a general permit.
007.05
  Adverse changes in use, such as flow greater than design, or type of
  wastewater.
007.06 Adverse changes
  in site conditions created or caused by the system owner such as an
  encroachment on setback distances, placement of fill or an impermeable surface
  over the soil absorption system, vehicular traffic or other soil compacting
  activities over the soil absorption system, or reduction in the size of a lot
  where a lagoon is installed to an area less than three acres.
007.07 The performance of any siting, layout,
  construction, reconstruction, alteration, modification, repair, or pumping of
  the onsite wastewater system, on or after January 1, 2004, by any person who is
  not a professional engineer, a registered environmental health specialist, or
  certified professional holding a valid certificate in accordance with this
  Title in the category of work performed.
007.08 Failure to have registered with the
  Department an onsite wastewater system that was constructed, reconstructed,
  altered, or modified on or after January 1, 2004.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-008 - Transferability of Permits and Coverage under General Permits

Current through June 17, 2024
008.01 Any transfer of ownership of a
  permitted system or system covered under a general permit will automatically
  authorize the new owner to operate under the existing permit or general
  permit.
008.02 A subsequent owner
  is under the same obligations and conditions of the permit or general permit as
  was the original or previous owner.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 3 - PERMITS › Section 124-3-009

Current through June 17, 2024
Operating an onsite wastewater system is prohibited if:
009.01 The system was constructed,
  reconstructed, altered, or modified under a construction permit and there is no
  operating permit or the operating permit has been denied, suspended, or
  revoked;
009.02 The system was
  constructed, reconstructed, altered, or modified under general permit and the
  general permit has been suspended or revoked;
009.03 The system was constructed,
  reconstructed, altered, or modified without a construction permit and did not
  obtain coverage under a general permit; or
009.04 The system endangers public health,
  has failed, or if operation of the system results in a prohibited
  discharge.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 4 - SUBDIVISIONS › Section 124-4-001 - Subdivision Review and Approval Application

Current through June 17, 2024
001.01 Prior to
  construction of a development area where an onsite wastewater treatment system
  is proposed on any lot less than three acres in size, the owner of the
  development area will submit an application for subdivision review and receive
  Department approval for the use of onsite wastewater treatment systems for the
  development area on a form provided by the Director and include any additional
  information as requested. The Department will review the application and
  determine the acceptability of onsite wastewater treatment systems for the
  development area. The Department will either approve or deny the use of onsite
  wastewater treatment systems for the development area. Approval will be based
  upon an evaluation of the submitted information to meet design requirements of
  this Title.
001.02 Once the
  Department has issued a subdivision approval, any subsequent change may be
  considered a new application and subject to the subdivision review and approval
  application and fee requirements.
001.03 A subdivision approval expires ten
  years from the date the approval is issued by the Department unless the owner
  submits a written request for reauthorization or extension from the Department
  prior to the expiration date and the reauthorization or extension is approved
  by the Department. Such reauthorization or extension will be subject to
  requirements in effect at the time the reauthorization or extension is issued,
  and such reauthorization or extension will be valid for no more than one year
  from the date of issuance. Additional reauthorization or extension may be
  requested in writing prior to expiration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 5 - MAINTENANCE OF SEPTIC SYSTEMS AND LAGOONS › Section 124-5-001

Current through June 17, 2024
The owner of a septic tank will have a Master or Journeyman Pumper, a
	 professional engineer, or a registered environmental health specialist
	 periodically inspect the septic tank and remove septage from the tank whenever
	 the top of the sludge layer is less than 12 inches below the bottom of the
	 outlet baffle or whenever the bottom of the scum layer is less than three
	 inches above the bottom of the outlet baffle.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 5 - MAINTENANCE OF SEPTIC SYSTEMS AND LAGOONS › Section 124-5-003

Current through June 17, 2024
The owner of a lagoon will operate and maintain the lagoon in the
	 following manner:
003.01 The liquid
  level in a lagoon will be maintained at a minimum depth of two feet. Additional
  water will be added as necessary to maintain the two foot minimum
  depth.
003.02 The lagoon area will
  be mowed to keep grass and other plants at six inches or less in height on the
  lagoon slopes and top of dike.
003.03 The lagoon will be operated to prevent
  the liquid level from encroaching on the one foot freeboard requirement of the
  lagoon.
003.04 Solids will be
  removed from the lagoon if needed through the services of a Master or
  Journeyman Pumper, a professional engineer, or a registered environmental
  health specialist and disposed of in accordance with this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 5 - MAINTENANCE OF SEPTIC SYSTEMS AND LAGOONS › Section 124-5-004

Current through June 17, 2024
All dike surface areas from the design high operating waterline to the
	 outside toe of the dike and all other areas which were disturbed during
	 construction will be seeded or sodded, and a grass cover maintained to prevent
	 soil erosion. Short grasses, such as blue grass are preferred and will be mowed
	 frequently to prevent overhanging vegetation. Alfalfa and long rooted grasses
	 which might damage the integrity of the lagoon will not be used. Weeds,
	 cattails, reeds, and other wetland plants will be removed by physical or
	 chemical treatment as they emerge. Trees will not be allowed to grow within a
	 horizontal distance of at least 50 feet as measured from the high water mark
	 for the maximum operating depth of the lagoon, but not less than 10 feet
	 horizontal distance from the outer dike toe of the lagoon.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 5 - MAINTENANCE OF SEPTIC SYSTEMS AND LAGOONS › Section 124-5-005 - The integrity of fencing around lagoons will be maintained

Current through June 17, 2024
The lagoon will be fenced with a four foot high woven wire, welded
	 wire, or seven strand barbed wire with the first strand starting three inches
	 from the ground and the following strands spaced evenly. The fence will be
	 equipped with a standard main gate that is kept locked. The fence will be
	 placed on the outside edge of the top of the dike or four feet outside the toe
	 of the dike. A sign no less than 12 inches by 24 inches bearing the
	 clearly-readable words "NO TRESPASSING - WASTEWATER LAGOON" will be located on
	 the gate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 6 - WASTE PROHIBITIONS › Section 124-6-001

Current through June 17, 2024
The type of waste that can be directed to an on-site wastewater
	 treatment system is limited to domestic wastewater. The following wastes are
	 prohibited from entering an onsite wastewater treatment system unless approved
	 in an operating permit issued for the system.
001.01 Cooling water, groundwater
  infiltration, discharge from roof drains, discharge from foundation tile
  drains, swimming pool wastewater, or other clear water discharges.
001.02 Hazardous waste: Any chemical
  substance or material, gas, solid, or liquid designated as hazardous in
  accordance with NAC Title 128.
001.03 Those pollutants or combination of
  pollutants or disease causing agents, which after discharge and upon exposure,
  ingestion, inhalation, or assimilation into any organism, either directly from
  the environment or indirectly by ingestion through food chains, will on the
  basis of information available to the Department cause either death, disease,
  behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
  (including malfunction in reproduction), or physical deformations on such
  organism or its offspring.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 6 - WASTE PROHIBITIONS › Section 124-6-002

Current through June 17, 2024
The discharge of motor vehicle wastes to a septic system is prohibited.
	 For the purposes of these regulations, "motor vehicle" means mechanized
	 equipment used in agriculture, construction, industrial activities,
	 maintenance, recreation, or transportation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 6 - WASTE PROHIBITIONS › Section 124-6-003

Current through June 17, 2024
The discharge to a septic system of wastewater containing high strength
	 disinfectants, biological inhibitors, or deodorants or similar chemicals (such
	 as those used in camper waste tanks, laboratories, medical or veterinary
	 facilities, or industrial facilities) is prohibited unless approved in an
	 operating permit issued for the system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 7 - CLOSURE OF SEPTIC TANK AND LAGOON SYSTEMS › Section 124-7-001

Current through June 17, 2024
Whenever the use of an onsite wastewater treatment system is
	 discontinued following the connection to a sanitary sewer or following
	 condemnation or demolition of a building or property or due to the construction
	 of another onsite wastewater treatment system, the onsite wastewater treatment
	 system will be properly closed and any further use of the system for any
	 purpose will be prohibited
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 7 - CLOSURE OF SEPTIC TANK AND LAGOON SYSTEMS › Section 124-7-002

Current through June 17, 2024
One of the following two methods will be used for closure of a septic
	 tank or holding tank:
002.01 Pump and
  Fill Method: The tank will be pumped of all liquids and solids and then filled
  with soil or sand. If soil is used it will be tamped completely so as to
  prevent voids which would occur as the result of settling; or
002.02 Pump and Remove Method: The tank will
  be removed after being pumped of all liquids and solids and the void left from
  the tank removal will be filled in with soil. The soil or sand will be mounded
  to provide for future settling.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 7 - CLOSURE OF SEPTIC TANK AND LAGOON SYSTEMS › Section 124-7-003

Current through June 17, 2024
The following method will be used for closure of a wastewater
	 lagoon:
003.01 The lagoon will be
  pumped or allowed to evaporate until there is no liquid remaining;
003.02 The fence will be removed and the
  settled solids and liner material at the bottom of the lagoon will be scraped
  out and properly disposed;
003.03
  If a lagoon has received only domestic wastewater, a sludge layer less than
  six-inches thick may be buried on-site during the regrading of lagoon dikes and
  the surrounding area. The sludge will be incorporated into the soil or receive
  at least one foot of cover material; and
003.04 The lagoon area will be leveled and
  filled with clean soil. The soil will be mounded over the lagoon area to
  provide for future settling and to prevent water from ponding.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 8 - FLOOR DRAINS › Section 124-8-001

Current through June 17, 2024
A floor drain in a dwelling garage may be connected to an onsite
	 wastewater treatment system provided the drain does not receive petroleum
	 products, paint, organic solvents, antifreeze, or hazardous materials and meets
	 design requirements of Section 002. These drains are designed to handle snow
	 and ice melt along with occasional exterior vehicle washing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 8 - FLOOR DRAINS › Section 124-8-002

Current through June 17, 2024
A floor drain in a dwelling garage that is connected to an onsite
	 wastewater treatment will meet the following design requirements:
002.01 The drain will have an integral mud
  trap and oil separator; and
002.02
  The drain will be equipped with a watertight cap or a valve will be located
  immediately following the drain. The cap will normally be left secured on the
  drain or the valve will normally be left closed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 8 - FLOOR DRAINS › Section 124-8-004

Current through June 17, 2024
A permanent sign will be placed within view of the drain. The sign will
	 remind current and future owners that the garage drain leads to an on-site
	 wastewater treatment system and should only accept water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 8 - FLOOR DRAINS › Section 124-8-005

Current through June 17, 2024
The discharge of motor vehicle wastes or maintenance shop wastes to a
	 septic system or to a soil absorption system is prohibited. The connection of a
	 floor drain from a maintenance shop or a non-dwelling garage to a septic system
	 or soil absorption system is prohibited.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-001

Current through June 17, 2024
Only a certified professional, a professional engineer, a registered
	 environmental health specialist, or a person under their direct supervision may
	 engage in the inspection, pumping, siting, layout, construction,
	 reconstruction, alteration, modification, repair, closure or otherwise changing
	 of an onsite wastewater treatment system. For the purposes of these
	 regulations, "direct supervision" means the person overseeing the work is
	 physically present on the site where the work is being done and has control
	 over, responsibility for, and professional knowledge of the work being done.
	 The certification requirement does not apply to a private onsite wastewater
	 treatment system at an electric generation facility site owned by a district
	 organized under Nebraska Revised Statutes, Chapter 70, article
	 6.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-002

Current through June 17, 2024
Certified professionals must hold a valid certificate by examination in
	 accordance with this Title or a hardship certificate in one or more of the
	 following categories:
002.01 Master
  Installer
002.02 Journeyman
  Installer
002.03 Soil
  Evaluator
002.04
  Inspector
002.05 Master
  Pumper
002.06 Journeyman
  Pumper
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-003 - Authorization to Practice

Current through June 17, 2024
003.01
  Authorization to Practice under Certificates by Examination:
003.01A A Master Installer or Journeyman
  Installer is authorized to engage in the siting, layout, construction,
  reconstruction, alteration, modification, repair, inspection, or closure of
  onsite wastewater systems, except that a Journeyman Installer is only
  authorized to engage in any of these activities in accordance with the
  following restrictions:
003.01A.1 The
  Journeyman Installer is employed by a Master Installer, a professional
  engineer, or a registered environmental health specialist who is responsible
  for the work, or
003.01A.2 The
  Journeyman Installer is employed by a business or government entity that has a
  Master Installer, a professional engineer, or a registered environmental health
  specialist as an owner, officer, or employee of the business or of a government
  entity who is responsible for the work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-004

Current through June 17, 2024
No person will engage in the siting, layout, construction,
	 reconstruction, alteration, modification, repair, closure, or otherwise
	 changing of a private onsite wastewater system unless a Master Installer, a
	 Journeyman Installer, a professional engineer, or a registered environmental
	 health specialist who is responsible for such work is physically present at the
	 site where such work is being performed and is supervising the work, except
	 that a Soil Evaluator or an Inspector may perform soil evaluation for the
	 purpose of aiding in siting and layout.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-005

Current through June 17, 2024
No person will engage in the pumping of a private onsite wastewater
	 system unless a Master Pumper, a Journeyman Pumper, a professional engineer, or
	 a registered environmental health specialist who is responsible for such work
	 is physically present at the site where such work is being performed and is
	 supervising the work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-006

Current through June 17, 2024
No person will engage in the inspecting of a private onsite wastewater
	 system unless an Inspector, Master Installer, a professional engineer, or a
	 registered environmental health specialist who is responsible for the work is
	 physically present at the site where such work is being performed and is
	 supervising the work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-007 - Hardship Certificate

Current through June 17, 2024
A Hardship Certificate may be issued to an individual upon submittal of
	 a complete application and an application fee in accordance with the fee
	 schedule in Appendix A. The purpose of a Hardship Certificate is to waive PDH
	 requirements.
007.01 Submittal of a
  request for certification by hardship will include the words "Application for
  Onsite Hardship Certification" and state the conditions of the hardship and
  include evidence supporting competency in the categories in which the
  individual is seeking certification. The request will include:
(1) the applicants name and license
  number,
(2) the number of PDH for
  which the hardship is sought,
(3) a
  narrative explaining what circumstances beyond the applicants control prevented
  completion of all or part of the continuing education requirements including
  but not limited to: pertinent dates and identification of persons by name,
  address, and telephone number, who have direct knowledge of the grounds claimed
  for waiver, and
(4) documentation of
  the circumstances which prevented the licensee from fulfilling the PDH
  requirements.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-008 - Certificate by Examination

Current through June 17, 2024
008.01 To obtain a
  certificate by examination in any category, an applicant must pass an
  examination administered by the Department.
008.02 All certificates by examination expire
  December 31 of every odd-numbered year unless renewed in accordance with this
  Chapter.
008.03 Application for
  Certificate by Examination. An applicant for certification by examination is to
  submit the following to the Department: a certificate application fee and an
  examination fee in accordance with Appendix A and a complete application on a
  form provided by the Department
008.03A The
  Director may waive certification and examination fees pursuant to Neb. Rev.
  Sta. §
										81-15,248(4).
008.03A.1 The application for certification
  or for certificate renewal for which the fee waiver is requested will include
  verification of employment as an inspector of onsite wastewater treatment
  systems by a local governmental agency or subdivision.
008.03A.2 The Department may request
  additional information as needed to verify employment or to determine that the
  local inspection program is at least as stringent as the requirements in this
  Title.
008.03A.3 An Inspector who
  is granted this fee waiver will be limited to inspecting as a government
  employee within the jurisdiction and under the authority of that local
  governmental agency or subdivision.