NEBRASKA ADMINISTRATIVE CODE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Title 124 - Rules And Regulations For The Design, Operation And Maintenance of Onsite Wastewater Treatment Systems
Chapter 4 - Site Evaluation and Subdivisions

001 Each proposed site for the location of an onsite 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 and provided to the Department on request.

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 onsite wastewater treatment system.

001.02 Depth to the seasonal highest measured or estimated groundwater table and to the bedrock or other barrier layer surface, if this depth is less than the depth of the seasonal high groundwater table, along with a detailed description of the method used to determine depth. If the depth to seasonal high groundwater or to the bedrock or other barrier layer is less than 10 feet, soil borings or other site specific methods are required to be used;

001.03 Direction of groundwater flow.

001.04 Soil conditions, properties, and soil percolation test locations, data and results.

001.05 Additional information may be required as part of the application process for a permit or subdivision approval.

002 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.

002.01 U.S. Department of Agriculture Natural Resources Conservation Service soils maps and soil interpretation records.

002.02 Evaluation of soil color and the presence or absence of mottling.

002.03 Evaluation of impermeable or semi-permeable soil layers.

002.04 Measured water levels from nearby test holes, observation wells, or water wells.

003 Subdivision Review and Approval Application

003.01 Prior to construction of a development area where an onsite 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 onsite wastewater treatment systems for the development area in accordance with this Chapter or on a form provided by the Director. The Department will review the application and determine the acceptability of onsite wastewater treatment systems for the development area. The Department will either approve or deny the use of onsite 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.

003.02 Once the Department has issued a subdivision approval, any subsequent change may be considered a new application and subject to the subdivision review and approval application and fee requirements.

003.03 An application for subdivision review and approval expires one year from the date the initial application is received by the Department unless the owner submits a written request for reauthorization or extension from the Department prior to the expiration date and the reauthorization or extension is approved by the Department. Such reauthorization or extension shall be subject to requirements 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 the date of issuance. Additional reauthorization or extension may be requested in writing prior to expiration.

003.04 The application shall include, at a minimum, the following:

003.04A The words “Application for Onsite Wastewater Subdivision Review and Approval”;

003.04B The owner’s full name (first name, middle initial, and last name), mailing address, and phone number. If the application is for a business or legal entity, include that name;

003.04C The full name (first name, middle initial, and last name), certification or professional license number, mailing address, phone number, and email address for the Master or Journeyman Installer, Registered Environmental Health Professional, or Professional Engineer responsible for the siting and layout;

003.04D The legal description (quarter section, quarter section, section, township, range) or latitude and longitude (to four decimal places) for the planned development area, including the county of location;

003.04E The statement “I swear or affirm that the application information and documentation submitted are true, complete, and accurate”;

003.04F The owner’s signature and date signed. If the application is signed by an authorized representative, the application shall include a description of the representative’s authority to sign on behalf of the owner and the representative’s full name (first name, middle initial, and last name), mailing address, and phone number;

003.04G The subdivision review and approval application fee (see Appendix A); and

003.04H 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 shall include the information identified in 001 above; existing and planned elevation contour lines to show the direction and steepness of the slope of the ground surface and natural topographic features including lakes, ponds, streams, drainage ways, and ditches; and a benchmark or fixed reference point with north orientation clearly indicated. Cut and fill areas and planned changes to topography must be clearly identified and shown on the plans. Other information, including but not limited to information for adjacent property to provide verification that setback requirements are met, 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:

003.04H.1 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 onsite 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.

003.04H.2 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 onsite wastewater treatment systems, reserve areas, and well locations and areas for structures including the dwelling or non-dwelling facility, 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.

003.04H.3 For development areas with lot sizes less than 1 1/4 acre (6050 sq. m), the drawings must include the location of all onsite wastewater treatment systems, reserve areas, and well locations and areas for structures including the dwelling or non-dwelling facility location, driveway, sidewalks, and outbuildings for all lots and the number of bedrooms available for dwellings and maximum flows for non-dwelling facilities. 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.

004 The owner of any dwelling or non-dwelling facility constructed after the effective date of these regulations shall establish a reserve area to be used for a replacement onsite wastewater treatment system, which will meet the requirements of these regulations. The reserve area will be considered a part of the onsite wastewater treatment system and all setback requirements apply.

005 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 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.