Section 124-3-005 - Construction Permit005.01 The owner of a dwelling or non-dwelling facility or the owner's designee, proposing to construct, reconstruct, alter, modify, or make a repair not exempted in Chapter 2 to an onsite wastewater treatment system not covered by a general permit will apply for and obtain a construction permit from the Department prior to construction of the system.005.02 The design of all onsite wastewater treatment systems not covered by a general permit will be approved by the Department prior to issuance of a construction permit.005.03 Onsite wastewater treatment systems will be designed in a manner and using engineering standards, as determined by the Department, necessary to protect public health, the environment, surface water, and groundwater. 005.03A Tank Design. Considerations the Department will use when approving tank design will include, but not be limited to, the type of facility that the system will serve, the character of the wastewater the system will receive, and the capacity required for proper operation.005.03A3 Concrete block and metal are not acceptable materials for new tank construction. When an existing system is being replaced, reconstructed, altered, or modified and there is an existing concrete block or metal tank that is part of the system, the tank is to be inspected. The existing tank is to be replaced with a tank which has been permitted by the Department unless the existing tank is determined to be structurally sound and watertight.005.03A4 The tank will be designed to withstand soil pressures when empty and not collapse or undergo excessive deflection which would prevent the proper operation of the system, crack or distort components of the system such as the baffles, prevent proper sealing of lids over manholes and inspection ports, reduce capacity below the required minimum tank design capacity, or reduce the design working volume of the system.005.03A7 An existing restaurant or non-dwelling facility involved in food preparation that is replacing or modifying its onsite wastewater treatment system may install an additional septic tank in the waste line in lieu of a grease trap tank provided the following conditions are met:005.03A7a The restaurant or non-dwelling facility was constructed before August 11, 2012;005.03A7b The current kitchen and non-kitchen waste streams are not separated;005.03A7c The additional septic tank is sized following Section 005.03A8 below; and005.03A7d The additional tank is placed in series with other tanks and all tanks comply with all other requirements of this Title.005.03A8 The minimum capacity of any grease trap tank is to be 750 gallons. A grease trap tank is to provide twenty four hours of detention time for the average daily flow.005.04 A construction permit will be issued in the name of the facility owner for the legal location of the facility.005.05 A construction permit is valid for two years from date of issuance. Prior to expiration, the owner may submit a written request for reauthorization or extension from the Department. If approved, the reauthorization or extension will be subject to 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.005.06 The onsite wastewater treatment system will be constructed, reconstructed, altered, or modified according to the Department approved design and standards contained in the construction permit.005.07 The owner is to notify the Department of any changes to the approved design or changes in wastewater characteristics (quality or quantity) and obtain Department approval prior to changes being made in the system. If the Department determines that any such changes are significant modifications to the previously approved design, the Department may require submittal of a new application and application fee. If a new construction permit is issued, the previous construction permit will become null and void.005.08 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 onsite wastewater treatment system.005.09 The Department may require, as a construction permit condition, submittal of a groundwater monitoring plan for an onsite wastewater treatment system if there is a potential for groundwater pollution.124 Neb. Admin. Code, ch. 3, § 005
Amended effective 6/27/2022