Lancaster County Property Transfer Code John Chess REHS
- Slides: 22
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 n Eliminate hazards to public health by minimizing pollution of water supplies and hazards to recreational areas n Minimize potential disease transmission n
Requirements of the Property Transfer Resolution n 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 n 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. n Be either a licensed Well Driller, Water Well Drilling Supervisor or Water Well Monitoring Technician. n Complete an approved training program and pass a Property Transfer Inspector exam. n
Septic System Inspection n Septic tank shall be checked to determine the depth of the sludge/scum layer. n The soil absorption field shall be visually inspected for signs or evidence of failure. n The soil absorption field shall be probed to determine the location of laterals and to check for excess effluent.
Lagoon Inspection n 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 n Water samples shall be taken and analyzed for: n ¨ the presence of coliform and fecal coliform bacteria. ¨ the level of Nitrate-Nitrogen.
Inspection Report n The Property Transfer Inspector will submit results of the inspection to LLCHD. n 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. n The letter will be sent to the owner or authorized agent. n
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. n Copies will be provided to the owner or authorized agent. n Buyer will be responsible to complete the process. n
Most Common Exceptions n n n 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 n LLCHD will provide: ¨ Oversight ¨ Investigation of complaints ¨ Technical assistance, especially for water questions
Impact of the Property Transfer Code n 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 n Water Issues - 209 or 50% n Sewage Issues – 303 or 73% n Both – 101 or 25%
Deficiencies Identified. Onsite Water Systems n 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 n 587 Septic Systems Inspected ¨ 12% Failed or had Evidence of Failure ¨ 16 % Excessive sludge or scum residue in tank
Deficiencies Identified Onsite Wastewater n 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: n 411 Applications Reviewed Initial Denial ¨ 68% Approved (281) Corrective Action Taken and Moved to Approved ¨ 32% Remained in Denial Status n Note 100% of septic failures corrected!
Property Transfer Code is: 1. 2. Protecting Public Health Protecting the Environment
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