Land application sites and effluent meeting the requirements, limitations, prohibitions or conditions set in Chapter 12 are eligible to land apply under the Authorization by Rule provided all of the requirements, conditions, limitations and prohibitions contained in the chapter or any other regulation contained in Title 119 pertaining to the land application itself, the land application site and the aforementioned land application materials are observed. Chapter 12 of Title 119 can be found at http://deq.ne.gov/RuleAndR.nsf/Title_119.xsp
Please review and verify the following prior to land applying treated effluent:
1. Facultative Wastewater Lagoons
2. Set Backs and Buffer Zones
- Your lagoon system has at least two active cells.
3. Soil and Crop Criteria
- There are no public drinking water wells within 500 feet of the application area.
- There are no private drinking water wells within 100 feet of the application area.
- Effluent is not applied to sites less than 100 feet from any inhabited dwellings.
- Land application sites are not located within or adjacent to residential areas.
- Effluent is not allowed to exceed the land application site boundaries.
- Effluent application, runoff or spray is not allowed on public roadways.
4. Land Application Site Prohibitions
- Treated effluent will be land applied at an agronomic rate. Agronomic rate is defined as the application rate of nitrogen to meet the estimated nitrogen requirements of the crop being produced based on past or projected yields. In determining the agronomic rate, the permittee shall consider the nitrogen content of the wastewater, available nitrogen in the soil, and the amount of nitrogen from commercial fertilizer. Any laboratory testing or other documentation regarding the determination of agronomic rate for the land application site shall be retained by the permittee. Documentation shall be made available immediately upon request to NDEQ (see ‘Agronomic Rate Analysis’ below).
- Treated wastewater will not be applied to crops that are intended for distribution in their raw form for direct human consumption (e.g. fresh produce).
5. Ground Water Criteria
- Land application will not be conducted when the ground is frozen or saturated.
- Land application sites have a slope of 12% or less.
- Surface runoff of effluent is prohibited. Application of wastewater will cease immediately if ponding or runoff occurs.
- Land application sites are free of perennial or intermittent streams, ponds, lakes or wetlands.
6. If applying to Public Access Sites
- There shall be no impairment to the beneficial uses of ground water. Any substance introduced directly or indirectly by human activity shall not be allowed to exceed the applicable standards for ground water as set forth in Chapter 4 of Title 118 - Ground Water Quality Standards and Use Classification
- The distance of land surface to the seasonal high groundwater level as specified either by a soil survey map or well logs is, at a minimum, greater than 4 feet.
- Where the potential for ground water contamination is a concern, the NDEQ may require monitoring wells to be installed and ground water monitoring to be conducted.
- Public access to the land application site is prohibited during the actual land application event.
- Signage is located at the land application site(s) containing language prohibiting public access during a land application event and informing the public that effluent is used on the site(s).
- The treated effluent is disinfected prior to land application in an unrestricted public access area. If chlorine or a chlorine compound is used as the disinfection agent, the treated effluent is dechlorinated prior to land application.
The total hydraulic application rate (flow) shall be based on weekly local crop uptake values. (This information may be obtained through the County Extension Office or the Natural Resource District.) The total hydraulic application rate shall not exceed 2 inches per acre (54,304 gallons) per week.
Effluent that is land applied to unrestricted public access sites shall not exceed limits for fecal coliform bacteria of 200 CFUs / 100 ml for a 30 day average and within a month, no more than 10% of the samples shall exceed 400 CFU/100 mL. The monthly average shall be calculated as the geometric mean. Invalid test results for fecal coliform colonies, such as “too numerous to count” (TNTC), will not be accepted and the permittee must retest within 24 hours after obtaining invalid results. The NDEQ shall be notified within 24 hours of a TNTC or other invalid result. The results of the laboratory analysis shall be recorded in the log. A copy of the laboratory analysis shall be attached to your log entry.
Treated effluent shall be land applied at an agronomic rate. Agronomic rate is defined as the application rate of nitrogen to meet the estimated nitrogen requirements of the crop being produced based on past or projected yields. In determining the agronomic rate, the permittee shall consider the nitrogen content of the wastewater, available nitrogen in the soil, and the amount of nitrogen from commercial fertilizer. Any laboratory testing or other documentation regarding the determination of agronomic rate for the land application site shall be retained by the permittee. Documentation shall be made available immediately upon request to NDEQ.
NDEQ recommends working with a crop consultant or agronomist to determine the agronomic rate. Soil sampling may be required before the crop is planted and before the application of any commercial fertilizers to determine the amount of available nitrogen already in the soil and the nitrogen requirements of different crop or vegetation types. A copy of your consultation or agronomic report shall be attached to your log entry.
Monitoring Frequency and Information
- The monitoring frequency for Restricted Public Access Sites shall be, at a minimum, annually. The effluent shall be sampled on the first day of land application.
- The monitoring frequency for Unrestricted Public Access Sites shall be, at a minimum, once during the first week of the initial land application (irrigation) event and once every month thereafter for all parameters except flow.
- The effluent shall be monitored for the following parameters:
- Flow, pH, Total Kjeldahl Nitrogen, Nitrate as Nitrogen, Ammonia as Nitrogen, Total Dissolved Solids, Chloride, Phosphorous, and Sodium Adsorption Ratio (SAR). Fecal coliform is required for Unrestricted Public Access Sites. Attach a copy of the laboratory analysis to your log entry.
Be sure the monitoring information includes:
○ The date(s), exact place, time and methods of sampling or measurements;
○ The individual(s) who performed the sampling or measurements;
○ The date(s) analyses were performed;
○ The individual(s) who performed the analyses;
○ The analytical techniques or methods used; and
○ The results of the analyses.
Example Land Application Discharge Log
(Use one log sheet per site)
Legal description or latitude/longitude of the location of the application site:
Irrigation method (e.g. sprinkler system):
○ Limited public access; or ○ Unlimited public access (Disinfection is required; see Title 119, Ch. 12, part 002.03D).
Was discharge disinfected? ○ Yes ○ No If yes, describe method (e.g. chlorine, UV):
Date(s) when discharge was initiated:
Date(s) when discharge was ended:
Inches per acre per week of treated wastewater applied:
Additional nitrogen applied to the land application site per irrigation season per year. The amount of nitrogen shall be reported in tons per acre per year:
The source of additional nitrogen and amount from each source:
○ A copy of the laboratory analysis for the effluent dischargeOther:
○ A copy agronomic consultation or agronomic report
Produced by: Nebraska Department of Environmental Quality, P.O. Box 98922, Lincoln, NE 68509-8922; phone (402) 471-2186. To view this, and other information related to our agency, visit our web site at http://deq.ne.gov.