Lancaster County Property Transfer Code John Chess REHS, MPA, Water Quality Supervisor Lincoln Lancaster County Health Department Doug Smith REHS, Environmental Health Specialist, Environmental Public Health Lincoln Lancaster County Health Department

Purpose Promote the health and welfare of the citizens of Lancaster County by preventing the pollution of ground and surface water Eliminate hazards to public health by minimizing pollution of water supplies and hazards to recreational areas Minimize potential disease transmission

Requirements of the Property Transfer Resolution Prior to the sale, transfer or conveyance of property upon which an on-site system (OS) is located, it shall be the duty of the owner to have each OS inspected by a Property Transfer inspector, and secure a determination letter from LLCHD.

Inspection Must be done by a Property Transfer Inspector.  Requirements for Property Transfer Inspector are: Certified by the State of Nebraska as an Inspector for on-site wastewater treatment systems. Be either a licensed Well Driller, Water Well Drilling Supervisor or Water Well Monitoring Technician. Complete an approved training program and pass a Property Transfer Inspector exam.

Septic System Inspection Septic tank shall be checked to determine the depth of the sludge/scum layer. The soil absorption field shall be visually inspected for signs or evidence of failure. The soil absorption field shall be probed to determine the location of laterals and to check for excess effluent.

Lagoon Inspection The lagoon shall be inspected for the presence of:  animal burrows, damage, cracks or crevices, or evidence of overflow.  cattails, emergent plants, and trees that might damage the lagoon seal.

Inspection of Water Supply System Well construction Water samples shall be taken and analyzed for:  the presence of coliform and fecal coliform bacteria.  the level of Nitrate-Nitrogen.

Inspection Report The Property Transfer Inspector will submit results of the inspection to LLCHD. LLCHD will review the report and issue a Determination Letter approving or denying the system (not the property transfer itself).

Determination Letter Must be issued within 5 working days upon the receipt of a complete report and fee. The letter will be sent to the owner or authorized agent.

Inclement Weather In the case of inclement weather, a statement signed by the Property Transfer Inspector must be submitted to LLCHD indicating what elements of the inspection could not be completed. Copies will be provided to the owner or authorized agent. Buyer will be responsible to complete the process.

Most Common Exceptions When a Determination Letter was issued within the past 36 months. New system installed in the previous 36 months. A transfer to establish, release, or foreclose a security interest. A transfer by intestate, will, or trust to an heir, devisee, or beneficiary. A transfer by warranty deed or quitclaim deed between immediate family members. (Parents, grandparents, grandchildren, siblings and children, including adopted children and stepchildren).

Property Transfer Inspectors LLCHD will provide:  Oversight  Investigation of complaints  Technical assistance, especially for water questions

Impact of the Property Transfer Code 970 Applications Reviewed  411 Initially denied or 42%  559 Initially approved or 58% * Denials do NOT stop the transfer of the property

Reasons for Denial Water Issues or 50% Sewage Issues – 303 or 73% Both – 101 or 25%

Deficiencies Identified- Onsite Water Systems Contamination Found  4.0% High Nitrates  10.0% Coliform Present  17% Not in Compliance w/ Title 124 Due to either Construction or Maintenance deficiencies

Deficiencies Identified- Onsite Wastewater 587 Septic Systems Inspected  12% Failed or had Evidence of Failure  16 % Excessive sludge or scum residue in tank

Deficiencies Identified Onsite Wastewater 274 Lagoons were Inspected  30% Contained Vegetative Overgrowth (80 total)  20% Insufficient Fencing (55 total)  4% Evidence of Failure (12 total)

After PT Process is Completed: 411 Applications Reviewed Initial Denial  68% Approved (281) Corrective Action Taken and Moved to Approved  32% Remained in Denial Status Note 100% of septic failures corrected!

Property Transfer Code is: 1. Protecting Public Health 2. Protecting the Environment