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Lancaster County Property Transfer Code

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.

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Lancaster County Property Transfer Code

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  1. 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

  2. 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

  3. 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.

  4. Inspection • Must be done by a Property TransferInspector. • 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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).

  9. 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.

  10. 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.

  11. 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).

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

  13. 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

  14. Reasons for Denial • Water Issues - 209 or 50% • Sewage Issues – 303 or 73% • Both – 101 or 25%

  15. 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

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

  17. Deficiencies IdentifiedOnsite Wastewater • 274 Lagoons were Inspected • 30% Contained Vegetative Overgrowth (80 total) • 20% Insufficient Fencing (55 total) • 4% Evidence of Failure (12 total)

  18. 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!

  19. Property Transfer Code is: • Protecting Public Health • Protecting the Environment

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