Title 124 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 3 - PERMITS AND AUTHORIZATION BY RULE
001 There shall be two procedures designed to cover all onsite wastewater treatment systems under these regulations as follows:
001.01 Authorization by Rule as described in 002 below.
001.02 Construction and Operating Permits as described in 003 below.
002 Authorization by Rule:
002.01 The owner of a dwelling or, an establishment with flow from toilets, urinals, and lavatories of less than 1,000 gallon per day, is hereby authorized by rule, through the services of a professional engineer, registered environmental health specialist, or certified professional, to construct, reconstruct, alter, or modify an on-site wastewater treatment system provided such system does not endanger human health or cause pollution and meets all the provisions for design, setback distances and reserve area prescribed in these regulations. Construction of a mound system is not covered by Authorization by Rule.
002.02 The owner of a dwelling or, an establishment with flow from toilets, urinals, and lavatories of less than 1,000 gallon per day, is hereby authorized by rule to operate an on-site wastewater treatment system provided such system is not failing, does not endanger human health, does not cause pollution, and if installed on or after January 1, 2004, has been registered with the Department in accordance with this Title. Operation of a mound system is not covered by Authorization by Rule.
002.03 A copy of the following information must be maintained on the premises of the facility using the on-site wastewater treatment system and made available to the Department by the owner or installer upon request:
002.03A Copy of the system registration form submitted to the Department in accordance with this Title.
002.03B An appropriately scaled drawing of the on-site wastewater treatment system, which specifies location, setbacks, capacity, materials of construction, and the construction details of the system. The drawing shall be on no less than 8.5 by 11 inch paper and shall be neatly drawn with appropriate dimensions indicated.
002.03C Soil percolation test results performed in accordance with Chapter 6.
003 The owner of a dwelling or establishment proposing to construct an onsite wastewater treatment system for domestic wastewater flows of 1,000 gallons per day or more, or with other than household type wastes, or proposing to construct an onsite wastewater treatment system not covered by “Authorization by Rule” as provided for in section 002 above shall apply for and obtain a construction/operating permit from the Department. When an application for a construction/operating permit is required, the owner must obtain a construction permit from the Department prior to construction and an operating permit from the Department prior to operation. The construction permit and the operating permit for a single system are covered by one application.
003.01 The permit application shall include the completed permit application form (Form B in Appendix K), the permit application fee (Appendix A), plans, specifications, soil percolation information, soil evaluation, and soil boring or observation information. Three sets of all plans, specifications, reports, and technical documents shall be included.
003.02 The plans, specifications, reports, and other technical documents submitted as part of the application shall be prepared and properly stamped and signed by a Professional Engineer licensed in the State of Nebraska.
003.03 See Chapter 4 for minimum site evaluation information requirements. Other information may be required by the Department to ensure proper engineering design and operation.
004 Construction Permit:
004.01 A construction permit shall be issued in the name of the facility, facility’s owner, or its cognizant official, along with its legal location.
004.02 A construction permit is valid for one year from date of issuance. Prior to expiration, the owner may submit a written request for reauthorization or extension from the Department. Such reauthorization or extension may be subject to any additional requirements of regulations in effect at the time the reauthorization or extension is issued, and such reauthorization or extension will be valid for no more than one year from date of reissuance. Additional reauthorization or extension may be requested in writing prior to expiration.
004.03 The onsite wastewater treatment system shall be constructed according to the Department approved design.
004.04 The owner shall notify the Department of significant modifications to the approved design and obtain Department approval prior to changes being made in the system, including but not limited to additions, changes in wastewater characteristics (quality or quantity), and system design.
004.05 The Department may require, as a construction permit condition, submittal of an operation and maintenance manual or plan to provide for the proper operation of the on-site wastewater treatment system.
004.06 The Department may require, as a construction permit condition, submittal of a groundwater-monitoring plan for an on-site wastewater treatment system if there is a potential for groundwater pollution.
005 Operating Permit:
005.01 An operating permit shall be issued when:
005.01A The Department is notified, on Form J (Appendix G) signed by the professional engineer who designed the system, that construction of the system is complete, in compliance with the approved design, and has satisfied all construction permit conditions; and
005.01B The system registration form, system registration fee, and any applicable late fee have been received by the Department.
005.02 The Department may require, as an operating permit condition, groundwater monitoring for any on-site wastewater treatment system if there is a potential for groundwater pollution.
005.03 The Department may require, as an operating permit condition, implementation of a Department approved operation and maintenance plan to ensure proper operation of the on-site wastewater treatment system.
005.04 The permittee shall operate and maintain the on-site wastewater treatment system in compliance with any permit conditions, these regulations and the Nebraska Environmental Protection Act §§81-1501 et seq.
006 Any permit or authorization by rule may be denied, suspended, or revoked, after notice and opportunity for public hearing according to Title 115 – Rules of Practice and Procedure, for cause, including, but not limited to:
006.01 Violation of any term or condition of a permit or authorization by rule.
006.02 Obtaining a permit by misrepresentation of any relevant facts or failure to disclose fully all relevant facts.
006.03 Information indicating that the on-site wastewater treatment system is likely, in the Department's judgment, to adversely affect human health or that a potential for ground or surface water pollution exists.
006.04 The existence of factors arising after permit issuance or authorization by rule which would have required limitations or a denial of permit application or authorization by rule.
006.05 Adverse changes in use, such as flow greater than design, or type of wastewater.
006.06 Adverse changes in site conditions created or caused by the system owner such as an encroachment on setback distances, placement of fill or an impermeable surface over the soil absorption system, vehicular traffic or other soil compacting activities over the soil absorption system, or reduction in the size of a lot where a lagoon is installed to an area less than three acres.
006.07 The performance of any siting, layout, construction, reconstruction, alteration, modification, repair, or pumping of the on-site wastewater system, on or after January 1, 2004, by any person who is not a professional engineer, a registered environmental health specialist, or certified professional holding a valid certificate in accordance with this Title in the category of work performed.
006.08 Failure to have registered with the Department an on-site wastewater system that was constructed, reconstructed, altered, or modified on or after January 1, 2004.
007 Transferability of Permits and Authorization by Rule.
007.01 Any transfer of ownership of a permitted or authorization by rule system shall automatically authorize the new owner to operate under the existing permit or authorization by rule.
007.02 Subsequent permit or authorization by rule holders are under the same obligations and conditions of the permit as the original or previous permittee or authorization by rule holder.
008 Operating an on-site wastewater system is prohibited if:
008.01 The system was constructed under a construction permit and there is no operating permit or the operating permit has been denied, suspended, or revoked;
008.02 The system was constructed under authorization by rule and the authorization by rule to operate has been suspended or revoked;
008.03 The system was constructed without a construction permit and did not meet the requirements for authorization by rule to construct without a construction permit; or
008.04 The system is endangering public health or failing, or if operation of the system results in a prohibited discharge.
009 The owner of a septic tank and soil absorption system may also be required to apply for authorization to operate the system or to apply for and obtain a separate permit under Title 122 - Rules and Regulations for Underground Injection and Mineral Production Wells. The Department will make a determination of the need for a permit under Title 122.
Enabling Legislation: Neb. Rev. Stat. §81-1505(8), §81-1506, §81-15,237, §81-15,247, §81-15,248.
Legal Citation: Title 124, Ch. 3, 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