Onsite Wastewater Systems: Frequently Asked Questions

Nebraska Department of
Environmental
Quality

Fact Sheets

.
This information is
provided by the
Nebraska Department
of Environmental Quality
to assist the
public and regulated community.

WAT056

Revised:

03/2013

Onsite Wastewater Systems: Frequently Asked Questions

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Assistance/Records

General

Permits/Approvals

When is a construction or operating permit required for an onsite wastewater treatment system?

A permit must be obtained from the Department whenever:

Note:

When an onsite wastewater treatment system requires a

permit

in accordance with

Title 124

the owner must obtain a construction permit from the Department prior to start of the work and an operating permit from the Department prior to use of the system. The construction permit and the operating permit for a single system are covered by

one application.

Can a Master Installer prepare plans, specifications, reports and other technical documents submitted as part of a permit application?

Yes, provided the permit application is for an onsite wastewater treatment system:

Can I make changes or modifications during the installation of an onsite wastewater treatment system that was issued a construction permit without obtaining prior approval from the Department?

No. An onsite wastewater treatment system must be constructed according to the Department approved design.
The owner must notify the Department of any changes to the approved design including, but not limited to:
Approval must be obtained from the Department prior to changes being made to the system.
If you are the Installer on a construction permit project, please review the approved documents with the consulting engineer before construction begins.

What is the application fee for an onsite wastewater treatment system construction/operating permit?

$450

What is the fee for Departmental review and approval of a development area where an onsite wastewater treatment system is proposed on any lot less than three acres in size?

$450 per subject lot

Do I need to obtain a permit for the construction/operation of an onsite wastewater treatment system for a non-dwelling facility?

The owner of a non-dwelling facility proposing to construct, reconstruct, alter or modify an onsite wastewater treatment system must apply for and obtain a construction permit from the Department prior to construction and an operating permit from the Department prior to operation if:

Professional Certification

Private Onsite Wastewater Treatment System Advisory Committee (OWAC)

System Design, Installation and Inspection

When must an existing onsite wastewater treatment system meet the design requirements of Title 124?

If 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 characteristics is also a failed system.
If it is being replaced, reconstructed, altered or modified.
If there is an adverse change in use such as an increase in the number of bedrooms, design flow, or waste strength.
If it begins to receive wastewater from a different dwelling or non-dwelling facility than it was originally constructed to serve.
If it begins to receive wastewater from a dwelling or non-dwelling facility that is reconstructed or replaced following an event such as a fire that renders the structure unsuitable for occupancy.
If 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.

When am I required to obtain authorization from the Department for the construction or operation of a Class V injection well?

Class V wells include, but are not limited to septic system drainfields or soil absorption systems:
Any person who plans to construct or operate a Class V injection well must complete, sign, and submit to the Department an application for each well as required in accordance with Title 122.

Can I connect a floor drain from an automotive repair business to an onsite wastewater treatment system?

No. The discharge of motor vehicle wastes to a septic system is prohibited. Motor vehicle means mechanized equipment used in agriculture, construction, industrial activities, maintenance, recreation, or transportation.
A floor drain in a dwelling garage, however, may be connected to an onsite wastewater treatment system provided the drain does not receive petroleum products, paint, organic solvents, antifreeze or hazardous materials and meets the following Title 124 design requirements:
The drain must also be designed to handle only snow and ice melt with occasional water from vehicle exterior washing.

How do I convert or abandon a floor drain located in a maintenance area, wash bay or area used for the storage of chemicals, oils, fuels, or hazardous materials that discharges to a septic system, leach field, cesspool, dry well or the land surface?

Connect to a city sanitary sewer, a holding tank, or a synthetically lined lagoon.
Permanently plug the discharge line and use the remaining sump to collect wastes; or
Permanently plug the drain (including the sump) completely with concrete and run a “dry” shop.

Note:

The connection of a floor drain to a holding tank, or a synthetically lined lagoon requires a

permit

under

Title 124

. Waste accumulated in a holding tank, synthetically lined lagoon or a sump converted to a holding tank will eventually require removal and may require a waste determination/testing to ensure disposal at an appropriate waste management facility. You should also check local ordinances for rules regarding floor drains connected to the sanitary sewer system and other waste disposal ordinances or regulations.

Does the Department inspect new onsite wastewater treatment systems?

No. However, some local jurisdictions may have inspection requirements.

Does the Department inspect existing onsite wastewater treatment systems?

No. However, the Department may conduct investigations of a system on an individual basis as the result of a complaint.

Does the State of Nebraska conduct inspections of septic systems as part of a real estate transfer?

Yes. The Nebraska Department of Health and Human Services conducts water well and septic system inspections for a fee. The inspection is strictly voluntary and is typically requested by the lender or buyer prior to the sale of the property. Some local jurisdictions do have separate property transfer inspection requirements. Please check for local requirements. Private inspectors certified to inspect onsite wastewater treatment systems can be found on the list of certified professionals on the NDEQ website at http://deq.ne.gov/

Does a lot need to be at least one-half acre in size to meet the design standards for the installation of a new septic system?

No. There are no minimum lot size requirements in Title 124 for the installation of an onsite wastewater treatment system. However, it may be difficult to site a standard septic system on a lot that is smaller than one-half acre due to soils and other site conditions.
Regardless of lot size, all septic systems must meet specific standards with respect to system design and setbacks to surface water, drinking water wells, water lines, property lines and foundations.

Note:

Some local jurisdictions may have requirements that include lot size limits or more restrictive requirements.

How do I close/abandon a septic tank or a private wastewater treatment lagoon?

An onsite wastewater treatment system must be properly closed whenever use of the system is discontinued following connection to a sanitary sewer or following condemnation or demolition of a building or property or due to the construction of another onsite wastewater treatment system.

Note:

Only a

certified professional, a professional engineer, a registered environmental health specialist

or a person under their direct supervision may engage in the closure of an onsite wastewater treatment system.

What is a non-dwelling facility?

A non-dwelling facility is defined in Title 124 as a building, structure, place of business, place of gathering or waste collection system which is not a dwelling and which generates wastewater.
If any portion of the wastewater generated at a building, structure or place is a non-domestic wastewater, the facility is also considered a non-dwelling facility.
Examples of non-dwelling facilities where onsite systems may be used include:

Note:

Title 124

and

Title 122

prohibit the discharge of

motor vehicle wastes

or maintenance shop wastes to a septic system or to a soil absorption system. In addition, the connection of a floor drain from a maintenance shop to a septic system or soil absorption system is prohibited.

Can I install a septic tank within the minimum setback distance to a foundation?

The installation of a septic tank, pump tank, or holding tank is prohibited within the horizontal setback distances in Table 5.1 of Title 124 unless individually reviewed and a construction permit is issued by the Department.
The Department, however, 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.

Can wastewater from open loop heat pump systems and other “pump-and-dump” type systems be discharged to a septic system?

No. Clear water discharges from open loop heat pump systems can generate large quantities of water that can quickly overwhelm an onsite wastewater treatment system. This type of clear water discharge is not included in standard wastewater design flow calculations and is therefore prohibited from entering an onsite wastewater treatment system unless approved in a Title 124 operating permit and an authorization to discharge is obtained pursuant to Title 122. A Title 122 permit may also be required.
The following additional clear water discharges are also prohibited from entering a septic system unless approved in a Title 124 permit:

Note:

In accordance with

Title 119 – Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System

, water from single family household non-recirculating geothermal heat pumps and swimming pools may be discharged to the land surface provided certain conditions are met and the discharge does not create a threat to public health or safety, a nuisance or unlawful pollution of waters of the state.

Can condensate from air conditioners and wastewater from water treatment systems such as water softeners and reverse osmosis (RO) systems be discharged to a septic system?

Yes. For a dwelling or a non-dwelling facility with more than 1,000 gallons per day (gpd) design flow, a Title 124 operating permit and a Title 122 authorization to discharge is required. A Title 122 permit may also need to be obtained from the Department.
For a dwelling or a non-dwelling facility with a design flow of 1,000 gpd or less, the Department considers discharges from air conditioners, water softeners and RO systems to be included in the standard domestic wastewater design flow and therefore covered under “Authorized by Rule”. Periodic high concentrations of wastes from water softener and RO systems, however, may present problems for treatment in a septic system due to salts/chlorides and uranium concentrations.

Can a soil absorption system be installed in fill?

Yes, provided the fill material is sand, or when the bottom 12 inches or more of the trench or bed is located in undisturbed native soil below the fill.

Note:

When constructing a system in sand fill, sufficient time must be allowed after placement of the fill, or sufficient compaction efforts applied to the fill, to prevent settlement after the system is installed.

What is the minimum capacity septic tank that can be installed for a non-dwelling facility?

For a non-dwelling facility with a design flow of over 1,500 gallons per day (gpd), the liquid capacity of a septic tank must be at least equal to 1,125 gallons plus 0.75 times the design flow. For flows of 1,500 gpd or less, 1.5 times the design flow may be used, but a minimum of a 1,000 gallon tank is required.
For a non-dwelling facility served by multiple septic systems, the minimum septic tank capacity for each system must be 1,000 gallons.

How do I size an absorption field for a non-dwelling facility?

The required square footage of drain field trench for a non-dwelling facility can be determined using the appropriate wastewater flow rate in Table 14.2 of Title 124 or by use of the following equation:

sq ft = design.flow (gpd) x 0.20 x √percolation rate (min/in

Is the installation of a riser for access to a septic tank lid or the addition of a cleanout considered a “repair”?

Yes. A repair is defined In Title 124 as the correction of a mechanical, electrical, or minor structural defect in an existing onsite wastewater system component such as, but not limited to, sealing a crack in a tank lid, repairing or replacing a tank baffle or access manhole riser, repairing or replacing a pump or electrical switch, leveling a distribution box, replacing a building sewer pipe, or replacing a cracked pipe between the septic tank and soil absorption system.
Repairs and maintenance can be performed on an onsite wastewater treatment system that functions properly without being subject to the design requirements of the regulations.

How do I calculate the design flow for a single family dwelling?

For a single family dwelling the design flow shall not be less than 100 gallons per day plus 100 gallons per bedroom (see Table 12.1 in Title 124).

How do I calculate the design flow for a non-dwelling facility?

The design flow for a non-dwelling facility must not be less than the highest daily wastewater flow that is calculated to be generated based on the characteristics of the occupancy and use of the facility.
For non-dwelling facilities, the quantity of flow generated for various occupancy and uses must also be consistent with nationally recognized data published by the United States Environmental Protection Agency (USEPA Onsite Wastewater Treatment System Manual, Chapter 3: Establishing Treatment System Performance Requirements), state onsite wastewater regulatory agencies, or nationally recognized plumbing codes.
If the use of a non-dwelling facility includes residential occupancy, the estimated flow from the non-residential use must be added to a residential design flow of 100 gallons per day plus 100 gallons per day per bedroom.

Can an onsite wastewater treatment system be located on property not owned by the individual or facility using the system?

Yes, provided a properly executed property easement that includes provisions for operation and maintenance of the onsite system easement has been filed.
A copy of the filed easement must also be submitted with the system registration.

System Registration

How do I register an onsite wastewater treatment system?

A System Registration for Onsite Wastewater Treatment System containing information described in Title 124 must be submitted to the Department by the certified professional, professional engineer, or registered environmental health specialist.
Alternatively, the system registration information may be submitted on a form provided by the Director.
A non-refundable system registration fee must accompany the System Registration for Onsite Wastewater Treatment System.

Note:

The certified professional, professional engineer, or registered environmental health specialist must provide a copy of the system registration information to the system owner.

What system location information is required when registering an onsite wastewater treatment system?

Owner’s mailing address;
Physical address of the system (if different from owner’s);
The system legal description (quarter section, quarter section, section, township, and range) or geographical coordinates (latitude and longitude to four decimal points); and
County.

The septic tank and drain field have been installed, however, final grading of the system has not been completed. When must I submit the System Registration for Onsite Wastewater Treatment System and registration fee to the Department?

An onsite wastewater treatment system must be registered with the Department by the certified professional, professional engineer, or registered environmental health specialist within 45 days of completion of the construction, reconstruction, alteration, modification, or other change.
The Department has interpreted “completion of construction” to mean that all onsite wastewater treatment system components have been installed, constructed or modified so that the system piping, treatment devices or other appurtenances that convey, treat or dispose of wastewater are ready to be used. The NDEQ does not consider construction completion of an onsite system to be dependent upon construction of any dwelling or building to which the system may be connected, final grading, seeding, or the date of receipt of payment for work performed.

Reminder:

The installer is responsible for registering an onsite wastewater treatment system whether the system is installed under

“authorization by rule”

or under a construction

permit

What is the fee for registering an onsite wastewater treatment system?

$140, if the system is registered within 45 days of completion of construction, reconstruction, alteration, modification, repair, or otherwise changing of the onsite wastewater treatment system.

What is the fee for registering an onsite wastewater treatment system if the system is not registered within 45 days of completion of construction, reconstruction, alteration, modification, repair, or otherwise changing of the onsite wastewater treatment system?

For any registration received by the Department 46 to 90 days after completion of work, an initial late system registration fee of $150 must be added to the system registration fee.
For any registration received by the Department 91 days or more after completion of work, a final late system registration fee of $450 must be added to the system registration fee.

Do I have to register a temporary modification to an onsite wastewater treatment system?

Yes. A System Registration for Onsite Wastewater Treatment System must be submitted to the Department by the certified professional, professional engineer, or registered environmental health specialist making the temporary modification.
A written description must accompany the registration which:
A non-refundable system registration fee must accompany the System Registration for Onsite Wastewater Treatment System.

Note:

Use of a system with a temporary modification for more than four months without Department approval is prohibited.

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