TITLE 123 – NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Chapter 1 – DEFINITIONS

001 “Abandonment” means the permanent removal from service of a wastewater works.

002 “Alternative design” means a design for a wastewater structure, prepared by a professional engineer, to provide safe and reliable service, when it is impractical to meet the design standards for wastewater works contained in State regulations.

003 “As-built drawings” or “Record drawings” mean drawings that are prepared during or following construction to describe the completed construction, including all changes made during construction.

004 “BOD5” means the five-day measure of the pollutant parameter biochemical oxygen demand (BOD).

005 “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

006 “Combined sewer” means a wastewater collection system, that is designed and constructed to transport both sanitary wastewater (domestic, commercial and industrial wastewaters) and storm water through a single pipe to a publicly owned treatment works.

007 “Complete retention” means a type of wastewater treatment facility that does not discharge to waters of the state, to subsurface disposal systems, or to wastewater irrigation systems, but uses evaporation, evapotranspiration, and seepage within allowable limits, to dispose of the wastewater.

008 “Constructed wetlands” for the specific purposes of this title, means a manmade treatment basin, planted with emergent plant species, designed and constructed according to engineering standards to treat wastewater.

009 “Construction permit” means a written authorization from the Director to construct, install, change or make alterations in, or additions to, a wastewater works.

010 “Controlled discharge lagoon” means a discharging wastewater lagoon system operated to store wastewater for extended periods and to periodically discharge treated effluent in accordance with permits.

011 “Cross connection” means any physical arrangement whereby a potable water supply system is connected, directly or indirectly, with any other water system, including a wastewater system.

012 “Curvilinear sewer” means a sanitary sewer section where the horizontal alignment is curved.

013 “Department” means the Nebraska Department of Environmental Quality.

014 “Design standards” or “Standards” means the minimum engineering requirements for the design of wastewater works.

015 “Director” means the Director of the Department of Environmental Quality.

016 “Discharge” or “Discharging” for the specific purposes of this title, means the introduction of wastewater, either treated or untreated, from a point source into any part of a collection system, storage facility, or wastewater treatment unit; or to waters of the State or the natural environment.

017 “Domestic wastewater” means human body waste and household type wastes including bath and toilet wastes, laundry wastes, kitchen wastes, and other similar wastes.

018 “Facultative lagoon” means a shallow wastewater lagoon where biological treatment from both aerobic and anaerobic microorganisms occurs and that relies on algae and wind action to provide oxygen for aerobic processes.

019 “Freeboard” means the vertical distance between the design full liquid level and the level at which an uncontrolled overflow from a wastewater lagoon or other wastewater treatment unit would occur.

020 “Force main” means a wastewater pipe that conveys wastewater by the force of pumping pressure.

021 “Gravity sewer” means a wastewater collection pipe that slopes towards the destination point and conveys wastewater by the force of gravity.

022 “Grinder pump” means a pump, equipped with a shredding ring and cutter bar that grinds wastewater solids into small particles creating a wastewater slurry.

023 “Ground water” means water occurring beneath the surface of the ground that fills available openings in rock or soil materials such that they may be considered saturated.

024 “Industrial” means a production, food processing, manufacturing, or similar establishment that generates wastewater.

025 “Inverted siphon” means a depressed sewer structure, having at least two barrels, that uses hydraulic head pressure on the downward sewer section to force wastewater up the rising section.

026 “Land application” means the controlled application of effluent onto the land surface to achieve a designed degree of treatment through natural, physical, chemical and biological processes within the plant-soil-water matrix.

027 “Lift station” means a facility housing wastewater pumps and their appurtenances.

028 “Liner” means the compacted soil or other material used to seal the bottom or sides of a wastewater lagoon, sand filter, constructed wetland, or other wastewater treatment unit so that the seepage rate of liquids from the treatment unit into the surrounding soil is controlled.

029 “Livestock truck wash” means a facility that washes trucks used for hauling livestock.

030 “Livestock waste control facility” means any structure or combination of structures utilized to control livestock waste until it can be used, recycled, or disposed of in an environmentally acceptable manner. Such structures include, but are not limited to, diversion terraces, holding ponds, debris basins, liquid manure storage pits, lagoons or other such devices utilized to control livestock wastes.

031 “Mechanical WWTF” or “Mechanical plant” means a wastewater treatment facility that uses separate treatment units for grit removal, physical settling, biological treatment, clarification, sludge treatment, and disinfection, as applicable, where treatment processes are enhanced by mechanical or electrical devices.

032 “National Pollutant Discharge Elimination System Permit” or “NPDES permit” means any permit issued by the Director, after June 12, 1974, to regulate the discharge of pollutants pursuant to Sections 402, 307, 318, and 405 of the Clean Water Act. (See NDEQ Title 119 for rules and regulations of the NPDES program.)

033 “100-year flood” means the flood having a one per cent chance of being equaled or exceeded in magnitude in any given year.

034 “On-site wastewater treatment systems” means any system of piping, treatment devices, or other appurtenances that convey, store, treat, or dispose of domestic or nondomestic wastewater, but not including wastewater from a livestock waste control facility, on the property where it originates, or on nearby property under the control of the user, which system is not connected to a public sewer system. An on-site wastewater treatment system begins at the end of the building drain. All systems except septic systems are limited to a maximum size of 1000 gallons per day to be considered an on-site wastewater treatment system. The word “onsite” used in this Title is equivalent to the word “on-site”.

035 “Operator” means any person who regularly makes recommendations or is responsible for process control decisions at a wastewater treatment facility. Operator shall not include a person whose duties are limited solely to laboratory testing or maintenance or who exercises general or indirect supervision only.

036 “Operation and maintenance manual” means a bound manual that contains the information necessary to operate and maintain a wastewater works.

037 “Overflow structure” means a diversion structure in a wastewater collection system that discharges wastewater to the ground surface or to waters of the State, circumventing the wastewater treatment facility, usually during high flow conditions.

038 “Owner” means the owner of any facility or activity subject to regulation under this title.

039 “Person” means any individual; partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing or managing body of any public or private corporation, municipality, governmental subdivision, public agency, or other legal entity.

040 “Plans and specifications” means the construction drawings prepared by an engineer, showing the design, location, and dimensions of the project and the written requirements for materials, equipment, construction standards and workmanship that fully describe the construction requirements.

041 “Potable water” means water that is safe for human consumption as determined by the Nebraska Health and Human Services System, Title 179, Regulations Governing Public Water Systems.

042 “Pretreatment facility ” means a wastewater treatment facility owned by a commercial or industrial user which discharges pretreated wastewater to a publicly owned treatment works.

043 “Primary cells” means the initial cells in a lagoon system that receive untreated wastewater.

044 “Primary treatment” means a physical treatment process that removes particulate solids from wastewater by settling.

045 “Professional engineer” means a person who is licensed as a professional engineer by the Nebraska Board of Engineers and Architects. The board may designate a professional engineer, on the basis of education, experience, and examination, as being licensed in a specific discipline or branch of engineering signifying the area in which the professional engineer has demonstrated competence.

046 “Public water system” means a system for providing the public with water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days
per year. Public water system includes (a) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system and (b) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Public water system does not include a special irrigation district. A public water system is either a community water system or a non-community water system.

047 “Rapid infiltration cell” means a manmade basin designed and constructed according to engineering standards to provide treatment to wastewater as it percolates through soil in a cycle of dosing and drying periods.

048 “Raw wastewater” means wastewater that is untreated.

049 “Sanitary sewer” or “Sewer” means pipes, conduits, manholes, cleanouts, and all other constructions, devices, appurtenances, and facilities used for collecting or transporting wastewater to an
ultimate point for storage, treatment, or disposal. This does not include storm sewers conveying storm water runoff.

050 “Satellite lift station” means a wastewater pumping station located within the wastewater collection system, excluding pumping units having a flow less than 2000 gallons per day and serving four or fewer service connections, and also excluding pumping stations that are part of a wastewater treatment facility.

051 “Secondary cells” means lagoon cells that receive wastewater from primary lagoon cells.

052 “Seepage rate” means the rate of water loss through the liner of a wastewater lagoon or the liner of other wastewater storage or treatment units.

053 “Service connection” means a pipe transporting wastewater from an individual building to a sanitary sewer main.

054 “Sewage sludge” or “Sludge” means any solid, semi-solid, or liquid residue removed during the treatment of wastewater. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment, scum, septage, portable toilet pumpings, type III marine sanitation device pumpings, and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during the incineration of sewage sludge.

055 “Small diameter gravity sewer” means a wastewater collection system utilizing settling tanks at each service connection and variable grade sewer pipes at least four inches in diameter to transport wastewater to a wastewater treatment facility.

056 “Small diameter pressure sewer” means a pressurized wastewater collection system where service connections use septic tank effluent pumps or grinder pumps to pressurize the sewer system.

057 “Solids settling pit” means a concrete treatment unit where wash water from a truck wash facility has settleable solids and/or floatable solids separated from the wash water, and allows the liquid wastewater to flow through to a wastewater lagoon.

058 “Solids storage unit” for the specific purpose of this title means a part of a livestock truck wash where the solids removed from a solids settling pit are stored and dried so that liquids drain back to the wastewater works.

059 “Standard specifications and plate drawings” means specifications and drawings that have been approved for general use by a municipality or engineering firm for the construction of sanitary sewers and appurtenances designed to be built within the municipal jurisdiction or by the clients of the engineering firm.

060 “Storm sewer” means a collection system designed and constructed to collect storm water runoff, snow melt runoff, and surface runoff and drainage.

061 “Synthetic liner” means a man-made membrane that is installed in a wastewater structure to restrict seepage.

062 “Vegetated submerged bed constructed wetlands” means a shallow treatment basin where wastewater is treated as it moves horizontally through gravel media in which wetland plants grow, and the water surface is controlled below the top surface of the gravel media.

063 “Wash pad” means an area designed and constructed to conduct washing activities and to contain the wastewater generated by the washing activity.

064 “Wastewater” means the combination of the liquid or water carried wastes removed from residences, institutions, and commercial and industrial establishments, together with such ground water, surface water, and storm water as may be present.

065 “Wastewater collection systems” means pipes, conduits, wastewater pumping stations, force mains, inverted siphons, and all other constructions, devices, appurtenances, and facilities used for collecting or transporting wastes to an ultimate point for storage, treatment, or disposal.

066 “Wastewater cell” or “Cell” means a lagoon, basin, pond, constructed wetland, sand filter or other excavation, usually with earthen dikes, that is designed and constructed as part of a wastewater treatment facility.

067 “Wastewater lagoon” or “lagoon” means a detention, storage, or holding pond, usually with earthen dikes, designed and constructed to treat or store wastewater.

068 “Wastewater solids” means any solid or semi-solid material contained in or removed from a wastewater stream, including solids accumulated from washing operations at a truck wash facility.

069 “Wastewater treatment facility” or “WWTF” means a group or assemblage of processes, devices and structures for the treatment or removal of pollutants from wastewater.

070 “Wastewater works” shall mean facilities for collecting, conveying, storing, pumping and treating wastewater and the disposal of the treated effluent and sludges.

071 “Water main” means a pressurized water pipe that is part of a system providing potable water to the public, but is not a privately owned service connection.

072 “Water well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information, or extracting water from or injecting fluid as defined in Neb. Rev. Stat. §81-1502 into the underground water reservoir. Water well does not include any excavation made for obtaining or prospecting for oil or natural gas or for inserting media to repressure oil or natural gas bearing formations regulated by the Nebraska Oil and Gas Conservation Commission.

073 “Waters of the State” means all waters within the jurisdiction of this State including all streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the State.

Legal Citation: Title 123, Ch. 1, Nebraska Department of Environmental Quality



Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186