Title 124 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 2 - APPLICATION OF REGULATIONS
001 A dwelling or establishment that generates wastewater shall have an on-site wastewater treatment system in accordance with these regulations or be connected to a 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 on-site systems or required to have installation of the system by a certified Onsite Professional.
003 An on-site wastewater treatment system installed on or after the effective date of these regulations shall meet all requirements of this Title.
004 An existing on-site wastewater treatment system is subject to these design requirements if:
004.01 It is endangering public health, failing, or discharging a prohibited or unauthorized discharge. A cesspool, seepage pit, dry well, or leaching pit is a failing system. A soil absorption system with less than four feet to groundwater or other limiting soil characteristic is a failing 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 receiving wastewater from a different dwelling or establishment than it was originally constructed to serve;
004.05 It begins receiving wastewater from a dwelling or establishment 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 on-site wastewater treatment system that is functioning properly without being subject to the design requirements of this regulation if:
005.01 The repair is to fix a structural component of the system, or
005.02 The repair is to mechanical devices, pumps, blowers and electrical equipment.
006 A temporary modification to a failing on-site wastewater treatment system not meeting the requirements of this regulation may be performed without meeting these regulations if the modification is to prevent a surface discharge or reduce a threat to public health. The temporary modification may operate for no more than four months without Department approval.
007 A discharge of wastewater is prohibited:
007.01 To surface water without a National Pollutant Discharge Elimination System (NPDES) permit;
007.02 To groundwater without Department approval; and
007.03 To the land surface from a dwelling, establishment, building sewer, or on-site 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 on-site 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 waters and groundwaters. Beneficial uses are those uses of surface waters and groundwaters as determined through Title 117 and Title 118, respectively;
008.04 Characteristics of the on-site 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 greater than 20 persons or the fluid flow of greater than 1000 gallons per day, or on-site wastewater treatment systems receiving non-domestic wastes may be subject to 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. §81-1505(8)
Legal Citation: Title 124, Ch. 2, 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