Title 124 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 4 - SITE EVALUATION AND SUBDIVISIONS
001 Each proposed site for the location of an on-site wastewater treatment system shall be evaluated by a professional engineer, registered environmental health specialist, Journeyman Installer, or Master Installer, and the following information shall be recorded.
001.01 The type, size, location, and elevation of the proposed system, clearly identified on a scaled drawing of sufficient size which will include: the legal description and survey of the lot and immediate vicinity property lines, buildings, water supply wells, buried water pipes and utility lines, the ordinary high water mark of lakes, rivers, streams, and the location and the type of water supply wells within 1000 feet of the proposed on-site wastewater treatment system.
001.02 Depth to the seasonal highest measured or estimated groundwater table and to the bedrock surface, if this depth is less than the depth of the seasonal high groundwater table.
001.03 Direction of groundwater flow.
001.04 Soil conditions, properties, and permeability.
001.05 When a permit or subdivision approval is to be issued, additional information may be required.
002 A new on-site wastewater treatment system shall not be installed in a designated ten-year flood plain.
003 The seasonal high water elevation of the groundwater table must be at least four feet below the bottom of the infiltrative surface of the soil absorption system in order to provide adequate filtration through the soil and avoid pollution of the groundwater. One or more of the following sources or types of information shall be used to determine the seasonal high water elevation of the groundwater.
003.01 U.S. Department of Agriculture Natural Resources Conservation Service soils maps and soil interpretation records.
003.02 Evaluation of soil color and the presence or absence of mottling.
003.03 Evaluation of impermeable or semi-permeable soil layers.
003.04 Measured water levels for any nearby test hole(s), observation well(s), or water well(s).
004 Prior to construction of a development area where an on-site wastewater treatment system is proposed on any lot less than three acres in size, the owner of the development area shall submit an application for subdivision review and receive Department approval for the use of on-site wastewater treatment systems for the development area. The Department will review the application and determine the acceptability of on-site wastewater treatment systems for the development area. The Department will either approve or deny the use of on-site wastewater treatment systems for the development area. Approval will be based upon an evaluation of the submitted information to meet design requirements of this Title. The application shall include a completed Form SD (Appendix I), the applicable application fee, and three sets of all plans, specifications, reports, and supporting technical documents, all prepared by a professional engineer, registered environmental health specialist, or a master or journeyman installer. Minimum site evaluation information to be submitted as part of the application is identified in 001 above. Other information may be required by the Department as needed to allow adequate review of the proposed development area. The drawings and soils information shall be in accordance with the following requirements:
004.01 For development areas with lot sizes less than 3 acres (12,140 sq. m) but greater than or equal to 1 3/4 acres (8,470 sq. m), the drawings must include the location of all on-site wastewater treatment systems, reserve areas, and well locations for all lots. Also, soil percolation tests, and soil borings or site excavations shall be conducted on a minimum of every fifth lot to determine the soil characteristics and evidence of groundwater.
004.02 For development areas with lot sizes less than 1 3/4 acres (8,470 sq. m) but greater than or equal to 1 1/4 acre (6050 sq. m), the drawings must include the location of all on-site wastewater treatment systems, reserve areas, and well locations and areas for structures including the dwelling or establishment, driveway, and outbuildings for all lots. Also, soil percolation tests, and soil borings or site excavations shall be conducted on a minimum of every fifth lot to determine the soil characteristics and evidence of groundwater.
004.03 For development areas with lot sizes less than 1 1/4 acre (6050 sq. m), the drawings must include the location of all on-site wastewater treatment systems, reserve areas, and well locations and areas for structures including the dwelling or establishment location, driveway, sidewalks, and outbuildings for all lots and the number of bedrooms available for dwellings and maximum flows for establishments. Also, soil percolation tests, and soil borings or site excavations shall be conducted on every lot to determine the soil characteristics and evidence of groundwater.
005 The owner of any dwelling or establishment constructed after the effective date of these regulations shall establish a reserve area to be used for a replacement on-site wastewater treatment system, which will meet the requirements of these regulations. The reserve area will be considered a part of the on-site wastewater treatment system and all setback requirements apply.
006 For the purpose of this chapter, “lot size” means the area of a lot excluding all area below the normal high water level of any surface water feature, all area below a ten-year flood elevation, and all area within the right-of-way or easement of a street, road, or access easement.
Enabling Legislation: Neb. Rev. Stat. §81-1505(8), §81-15,237, §81-15,247, §81-15,248.
Legal Citation: Title 124, Ch. 4, 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