001 Permits issued under these regulations are exempt from financial responsibility requirements contemplated in Neb. Rev. Stat. §81-1505(21).
002 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.
003 General Permits
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;003.03 Any interested person will have thirty (30) days from issuance of the public notice to provide the Director with any written comments concerning the draft general permit or request a public hearing in writing. The Director may extend the thirty (30) day period.
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.
003.04 If any written comment received during the public comment period raises substantial issues concerning the draft general permit, the Director may revise the draft general permit and issue a public notice on the revised draft general permit.004 Construction and Operating Permit Application
003.05 Following the close of the public comment period and any public hearing, the Director may issue a general permit.
003.06 The owner of a dwelling or non-dwelling facility will be authorized to construct, modify, repair, and operate an onsite wastewater treatment facility under a general permit if they meet the conditions of the permit and are in compliance with this title.
003.07 The owner of a dwelling or non-dwelling facility that constructs or operates under general permit coverage may be subject to an enforcement action for constructing without a construction permit or operating without an operating permit if the owner is later determined not to qualify for the general permit.
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.
0040.05 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.
005 Construction Permit
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.
005.04 A construction permit will be issued in the name of the facility owner for the legal location of the facility.
005.05 A construction permit is valid for two years from date of issuance. Prior to expiration, the owner may submit a written request for reauthorization or extension from the Department. If approved, the reauthorization or extension will be subject to requirements of regulations 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 date of reissuance. Additional reauthorization or extension may be requested in writing prior to expiration.
005.06 The onsite wastewater treatment system will be constructed, reconstructed, altered, or modified according to the Department approved design and standards contained in the construction permit.
005.07 The owner is to notify the Department of any changes to the approved design or changes in wastewater characteristics (quality or quantity) and obtain Department approval prior to changes being made in the system. If the Department determines that any such changes are significant modifications to the previously approved design, the Department may require submittal of a new application and application fee. If a new construction permit is issued, the previous construction permit will become null and void.
005.08 The Department may require, as a construction permit condition, submittal of an operation and maintenance manual or plan to provide for the proper operation of the onsite wastewater treatment system.
005.09 The Department may require, as a construction permit condition, submittal of a groundwater monitoring plan for an onsite wastewater treatment system if there is a potential for groundwater pollution.
006 Operating Permit
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.
006.02 The Department may require, as an operating permit condition, groundwater monitoring for any onsite wastewater treatment system if there is a potential for groundwater pollution.
006.03 The Department may require, as an operating permit condition, implementation of a Department approved operation and maintenance plan to ensure proper operation of the onsite wastewater treatment system.
006.04 The permittee will operate and maintain the onsite wastewater treatment system in compliance with any permit conditions, these regulations and the Nebraska Environmental Protection Act §§81-1501 et seq.
007 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.
008 Transferability of Permits and Coverage under General Permits
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.
009 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.
Enabling Legislation: Neb. Rev. Stat. §81-1505(8), §81-1506, §81-15,237, §81-15,247, §81-15,248.