Title 124 - Rules And Regulations For The Design, Operation And Maintenance of Onsite Wastewater Treatment Systems
Chapter 2 - Application of Regulations

001 A dwelling or non-dwelling facility that generates wastewater shall 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 An onsite wastewater treatment system installed on or after the effective date of these regulations shall meet all requirements of this Title.

004 An existing onsite wastewater treatment system is subject to these design requirements if:

004.01 It endangers public health, fails, or discharges a prohibited or unauthorized discharge. A cesspool, seepage pit, dry well, or leaching pit is a failed system. A soil absorption system with less than four feet to groundwater or other limiting soil characteristic is a failed system;

004.02 It is being replaced, reconstructed, altered, or modified;

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 design requirements of this regulation 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 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 meeting the design requirements in 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. Use of a system with a temporary modification for more than four months without Department approval is prohibited.

007 A discharge of wastewater is prohibited:

007.01 To surface water without a permit issued in accordance with Nebraska Administrative Code Title 119 - Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System;

007.02 To groundwater without Department approval; and

007.03 To the land surface from a dwelling, non-dwelling facility, building sewer, or onsite wastewater treatment system without Department approval.

008 In implementing these regulations, the Department shall protect the quality of surface water and groundwater in the immediate vicinity of any proposed onsite wastewater treatment system. The Department shall consider the following:

008.01 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);

008.02 Vulnerability of surface water and groundwater to pollution;

008.03 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;

008.04 Characteristics of the onsite wastewater treatment system;

008.05 Technical and socioeconomic factors; and

008.06 Other appropriate site-specific factors.

009 In addition to the requirements of these regulations, all subsurface disposal systems having the capability to accept sanitary waste generated by 20 or more persons, or the fluid flow of greater than 1,000 gallons per day, or onsite wastewater treatment systems receiving non-domestic wastes may be subject to Nebraska Administrative Code Title 122 - Rules and Regulations for Underground Injection and Mineral Production Wells. The discharge of motor vehicle wastes to a septic system is prohibited.

010 Nothing in this Title shall prevent more stringent local requirements from being adopted.

011 Where applicable, Nebraska Health & Human Services System Title 178 NAC 12 - Regulations Governing Water Well Construction, Pump Installation, and Water Well Decommissioning Standards and Title 179 NAC 2 - Regulations Governing Public Water Supply Systems may require more stringent setback requirements.

Enabling Legislation: Neb. Rev. Stat. ยง81-1505(8).

Legal Citation: Title 124, Ch. 2, Nebraska Department of Environmental Quality.