001 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.
002 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.
003 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.
004 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.
005 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.
006 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.
007 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.
008 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.
009 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.
010 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.
011 A person is not to construct or relocate a foundation, well, water line, surface water feature, or property line within the setback distances listed in Table 2.1 of any onsite wastewater system, except that the Department may approve, at the system owner’s request, an encroachment within the minimum setback distance to system components upon submittal of a construction plan and a letter from a professional engineer stating that he or she has evaluated the proposed construction plan and in his or her professional opinion, the encroachment will not have any detrimental effect on the system components, or on the proper function and operation of the system components, or on the ability to maintain or replace any of the system components and does not endanger human health or cause pollution; or if a less stringent distance is in a General Permit that setback distance would apply.
Table 2.1 – Lagoon, Tank and Soil Absorption System Setbacks
| Minimum Setback Distance feet (meters) |
Item | Tanks | Absorption, Infiltrative, and Evaporative Systems | Lagoons |
Surface Water | 50 ft. (15.2 m) | 50 ft. (15.2 m) | 50 ft. (15.2 m) |
Private Drinking Water Wells | 50 ft. (15.2 m) | 100 ft. (30.5 m) | 100 ft. (30.5 m) |
Public Drinking Water Supply Wells: |
|
|
|
Non-Community System* | 50 ft. (15.2 m) | 100 ft. (30.5 m) | 100 ft. (30.5 m) |
Community System | 500 ft. (152.4 m) | 500 ft. (152.4 m) | 1000 ft. (304.8 m) |
Community System when a septic system or soil absorption system of > 1000 gpd is installed | 500 ft. (152.4 m ) | 1000 ft. (304.8 m) | N/A |
Horizontal Closed Loop Geothermal Wells (trenched or dug and above the ground water table) | 25 ft. (15.2m) | 25 ft. (15.2m) | 25 ft. (15.2m) |
All Other Water Wells | 50 ft. (15.2 m) | 100 ft. (30.5 m) | 100 ft. (152.4 m) |
Water Lines: |
|
|
|
Pressure Main/Service Connection/Suction Lines | 10 ft. (3.1 m) | 25 ft. (7.6 m) | 25 ft. (7.6 m) |
Property Lines | 5 ft. (1.5 m) | 5 ft. (1.5 m) | 50 ft. (15.2 m) |
Trees | NA | NA | 50 ft. (15.2 m) |
Parking area, driveway, sidewalk, or other impermeable surface or cover | 5 ft. (1.5 m) | 5 ft. (1.5 m) | 50 ft. (15.2 m) |
Foundation: |
|
|
|
Class 1 | 15 ft. (4.6 m) | 30 ft. (9.1 m) | 100 ft. (30.5 m) |
Class 2 | 10 ft. (3.1 m) | 10 ft. (3.1 m) | 100 ft. (30.5 m) |
Class 3 | 7 ft. (2.1 m) | 10 ft. (3.1 m) | 50 ft. (15.2 m) |
Neighbor’s Foundation: |
|
|
|
Class 1 | 25 ft. (7.6 m) | 40 ft. (12.2 m) | 200 ft. (61.0 m) |
Class 2 | 20 ft. (6.1 m) | 30 ft. (9.1 m) | 200 ft. (61.0 m) |
Class 3 | 15 ft. (4.6 m) | 20 ft. (6.1 m) | 100 ft. (30.5 m) |
*See NAC Title 179 – Public Water Supply Systems, 7-010, for a complete definition for Non-community systems. It should be noted that some non-community systems may have more stringent setback requirements, per Title 179.
* Class 1 means a basement, a non-basement footing, swimming pool, or slab-on-grade living quarters where any portion of the living quarters basement, footing, or slab is lower in elevation than the onsite wastewater treatment system component. |
* Class 2 means a basement, a non-basement footing foundation, trailer house, swimming pool, or slab-on-grade living quarters higher in elevation than the on-site wastewater treatment system. Any other foundation that is not a Class 1 or Class 3 is a Class 2 Foundation |
* Class 3 means slab-on-grade construction that is not used as living quarters. |
* The water well setback does not apply to a monitoring well meeting the requirements of Nebraska Administrative Code Title 178 that is installed and used for monitoring ground water quality. |
012 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.
013 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.
014 Nothing in this Title will prevent more stringent local requirements from being adopted.
Enabling Legislation: Neb. Rev. Stat. §81-1505(8).