001 The installation of a septic tank system, pump tank, or holding tank is prohibited within the horizontal setback distances in Table 5.1 unless individually reviewed and a construction permit is issued by the Department or the installation is in an area controlled by a local government agency that has a Memorandum of Agreement (MOA) with the Department with specific encroachment allowances listed in the MOA as determined by scientific data and inspected by the local agency.
002 The installation of a lagoon is prohibited within the setback distances in Table 5.2 unless individually reviewed and a construction permit is issued by the Department, or the installation is in an area controlled by a local government agency that has a Memorandum of Agreement (MOA) with the Department with specific encroachment allowances listed in the MOA as determined by scientific data and inspected by the local agency. The setback distance in Table 5.2 is the horizontal distance measured from the high water mark for the maximum operating depth of the lagoon. However, in no case shall a lagoon be installed in a location that results in any item listed in Table 5.2 being located closer than 10 feet horizontally out from the outer toe of a lagoon dike.
003 Location of an onsite wastewater treatment system on property not owned by the facility using the system shall have a properly executed and filed property easement which shall include provisions that allow for the operation and maintenance of the onsite wastewater treatment system. A copy of the filed easement shall be submitted with the system registration.
004 The Department may require greater setback distances for approvable surface discharge systems as necessary to protect the surface water and groundwater.
005 Setback distances for all other onsite wastewater treatment systems shall be determined by the Department to protect public health and the environment.
006 Construction or relocation of a foundation, well, water line, surface water feature, or property line by the system owner within the setback distances listed in Table 5.1 or Table 5.2 of any onsite wastewater system or area reserved for a replacement soil absorption system is prohibited, except that the Department may approve, at the system owner’s request, encroachment of a foundation within the minimum setback distances to system components upon submittal of a foundation 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 structural integrity of the foundation or 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.
007 The water well setback does not apply to a monitoring well meeting the requirements of Nebraska Administrative Code Title 178 - Regulations Governing Water Well Construction, Pump Installation, and Water Well Decommissioning Standards, that is installed and used for monitoring the performance of an onsite wastewater treatment system and determining ground water quality.
008 A swimming pool shall be considered living quarters for the purposes of foundation classes used in determining setbacks in Tables 5.1 and 5.2.
009 No parking area, driveway, or impermeable surface or cover shall be installed, created, or located by the owner, or anyone acting for the owner, over or within five feet horizontally of a soil absorption system or reserve area.
010 For setback purposes, foundation classes are defined as follows:
010.01 Class 1 Foundation means a basement, a non-basement footing, 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.
010.02 Class 2 Foundation means a non-basement footing foundation, trailer house, 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.
010.03 Class 3 Foundation means slab-on-grade construction that is not used as living quarters.
Table 5.1 - Tank and Soil Absorption System Setbacks
| Minimum Setback Distance feet (meters) |
Item | Tanks | Absorption, Infiltrative, and Evaporative Systems |
| Surface Water | 50 ft. ( 15.2 m ) | 50 ft. ( 15.2 m) |
| Private Drinking Water Wells | 50 ft. ( 15.2 m ) | 100 ft. ( 30.5 m) |
| Public Drinking Water Supply Wells: |
|
|
Non-Community System | 50 ft. ( 15.2 m ) | 100 ft. ( 30.5 m ) |
Community System | 500 ft. (152.4 m ) | 500 ft. (152.4 m ) |
Community System when a septic system or soil absorption system of > 1000 gpd is proposed | 500 ft. (152.4 m ) | Evaluated by professional engineer for potential impact on the well and submitted to the Department for approval if less than 1000 ft. |
| All Other Water Wells | 50 ft. ( 15.2 m ) | 100 ft. ( 30.5 m ) |
| Water Lines: |
|
|
Pressure-Main | 10 ft. ( 3.1 m ) | 25 ft. ( 7.6 m ) |
Pressure-Service Connection | 10 ft. ( 3.1 m ) | 25 ft. ( 7.6 m ) |
Suction Lines | 50 ft. ( 15.2 m ) | 100 ft. ( 30.5 m ) |
| Property Lines | 5 ft. ( 1.5 m ) | 5 ft. ( 1.5 m ) |
| Parking area, driveway, sidewalk, or other impermeable surface or cover | 5 ft. ( 1.5 m ) | 5 ft. ( 1.5 m ) |
| Foundations: (see definitions above) |
|
|
| Except Neighbor’s Foundation: |
|
|
Class 1 | 15 ft. ( 4.6 m ) | 30 ft. ( 9.1 m ) |
Class 2 | 10 ft. ( 3.1 m ) | 20 ft. ( 6.1 m ) |
Class 3 | 7 ft. ( 2.1 m ) | 10 ft. ( 3.1 m ) |
| Neighbor’s Foundation: |
|
|
Class 1 | 25 ft. ( 7.6 m ) | 40 ft. ( 12.2 m ) |
Class 2 | 20 ft. ( 6.1 m ) | 30 ft. ( 9.1 m ) |
Class 3 | 15 ft. ( 4.6 m ) | 20 ft. ( 6.1 m ) |
|
Table 5.2 - Lagoon Setbacks
Item | Minimum Setback Distance - feet (meters) |
| Surface Water: Distance from High Water Mark | 50 ft. (15.2 m) |
| Private Drinking Water Wells | 100 ft. (30.5 m) |
| Public Drinking Water Supply Wells: |
|
Non-Community | 100 ft. (30.5 m) |
Community | Evaluated by a professional engineer for potential impact on the well and submitted to the Department for approval if less than 1000 ft (304.8 m). |
| All Other Water Wells | 100 ft. (152.4 m) |
| Water Lines: |
|
Pressure-Main | 25 ft. (7.6 m) |
Pressure-Service Connection | 25 ft. (7.6 m) |
Suction Line | 100 ft. (30.5 m) |
| Property Lines | 50 ft. (15.2 m) |
| Trees and Brush | 50 ft. (15.2 m) |
| Foundations: (see definitions above) |
|
| Except Neighbor’s Foundation: |
|
Class 1 | 100 ft. (30.5 m) |
Class 2 | 100 ft. (30.5 m) |
Class 3 | 50 ft. (15.2 m) |
| Neighbor’s Foundation: |
|
Class 1 | 200 ft. (61.0 m) |
Class 2 | 200 ft. (61.0 m) |
Class 3 | 100 ft. (30.5 m) |
|
Enabling Legislation: Neb. Rev. Stat. §81-1505(8).
Legal Citation: Title 124, Ch. 5, Nebraska Department of Environmental Quality.
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