124 Neb. Admin. Code, ch. 11, § 009

Domestic septage may be land applied under the following conditions:

009.01 Only non-public contact sites such as agricultural land, forests, and reclamation land are to be used for land application of domestic septage.

009.02 Land application of domestic septage without the landowner's written permission is prohibited.

009.03 Land application of domestic septage is prohibited within the setback distances in Table 23.1.

TABLE 23.1

Feature	Minimum Setback
Surface Water:	100 ft. (30 m.)
Public Drinking Water Supply Wells:	1000 ft. (300 m.)
All Other Water Wells:	200 ft. (60 m.)
Water Lines:	50 ft. (15 m.)
Property Line:	200 ft. (60 m.)
Public Road Right-of Way:	200 ft. (60 m.)
Buildings used for human occupancy:	500 ft. (150 m.)

009.04 Vector Attraction Reduction

009.04A Untreated domestic septage is to be injected below the surface of the land and no significant amount of septage is to be present on the land surface within one hour after injection, or

009.04B Untreated domestic septage will be incorporated into the soil by disking or plowing within six hours after application.

009.04C Domestic septage that is applied to the land surface and is not injected or plowed-in within six hours will be treated prior to application by raising and holding its pH at a level of 12 or higher for a minimum of 30 minutes. The minimum treatment method for raising the pH of the domestic septage will be the addition and thorough mixing of no less than 50 pounds of hydrated lime per 1,000 gallons of septage.

009.05 Crop, Grazing and Site Restrictions, and Pathogen Reduction

009.05A Land application of domestic septage is prohibited:

009.05A.1 On land from which human food crops with harvested parts below the ground will be harvested in the next 38 months after application;

009.05A.2 On land from which human food crops with harvested parts touching the ground surface will be harvested in the next 14 months after application;

009.05A.3 On land from which human food crops with harvested parts that do not touch the ground surface will be harvested in the next 30 days after application;

009.05A.4 On land from which crops grown for animal food or fiber will be harvested in the next 30 days after application;

009.05A.5 On land on which turf grass is grown for transplantation to lawns and other areas with potential for frequent human contact;

009.05A.6 On land on which livestock will be grazed in the next 30 days after application; and

009.05A.7 In areas readily accessible or frequently used by the public.

009.05B Public access to land where domestic septage is applied is to be restricted by fencing, no-trespassing signs, or remoteness for a minimum of 30 days after application of septage.

009.05C The Master Pumper, Journeyman Pumper, registered environmental health specialist, or professional engineer applying the domestic septage is to inform the land owner of all harvesting, grazing, and site access restrictions.

009.06 Land application of domestic septage may not be applied at a rate that exceeds the amount of nitrogen required by the crop or vegetation. When calculating maximum nitrogen application rates, all other sources of nitrogen such as livestock manure or commercial fertilizer are to be deducted from total nitrogen requirement.

009.07 Domestic septage is to be spread, sprayed, or injected in a manner that does not cause localized pooling, ponding, or runoff. Application of septage is not to be at a rate or of a method that creates a layer of septage exceeding one-quarter inch thick at any location on the ground surface immediately following application.

009.08 Domestic septage is not to be land applied on saturated, frozen, or snow-covered ground except as provided for below in an emergency situation where the air temperature is below 10 degrees Fahrenheit, the distance to a suitable storage facility or publicly owned wastewater treatment facility for proper storage or disposal is more than 30 miles, and no other reasonable disposal or storage method is available.

009.08A The ground slope of the land application site is not to exceed five percent and the site is to be covered with dense perennial vegetation;

009.08B The waste is to be treated as provided for in 009.04C above and the land application rate is not to exceed 10,000 gallons per acre regardless of the nitrogen content of the waste;

009.08C The minimum setback requirements in Table 23.1 will be doubled;

009.08D The recorded information is to include a description of the emergency situation and include air temperature, distance to nearest suitable storage facility or publicly owned wastewater treatment facility, and a description of the soil conditions; and

009.08D All other requirements of this Chapter are to be met.

Notes

124 Neb. Admin. Code, ch. 11, § 009

Amended effective 6/27/2022