Section 131-3-002 - General Requirements for Wastewater Treatment Works Projects002.01 Facility Planning Requirement. Loan applicants will conduct facility planning using the following procedures: 002.01A That projects apply best practicable waste treatment technology, which is the cost-effective technology that can transport and treat wastewater, separate combined sewers, and remove excessive infiltration and inflow in publicly owned Wastewater Treatment Works.002.01B General Facility Planning Requirements. Facility planning will demonstrate the need for proposed facilities. Through a systematic evaluation of alternatives that are feasible in light of the unique demographic, topographic, hydrologic, and institutional characteristics of the area, the facility plan will demonstrate that the selected alternative is cost-effective (i.e., is the most economical means of meeting the applicable effluent, water quality, and public health requirements over the design life of the facility while recognizing environmental and other nonmonetary considerations). The facility plan will also demonstrate that the selected alternative is implementable from legal, institutional, financial, and management standpoints. All facility planning requirements may not be applicable to all types of projects. Comprehensive plans or engineering reports or studies may fulfill certain facility planning requirements.002.01C Facility plan contents. A completed facility plan is to include:002.01C1 A description of both the proposed Wastewater Treatment Works, and the complete Wastewater Treatment Works of which it is a part.002.01C2 A cost-effectiveness analysis of the feasible conventional, innovative, and alternative Wastewater Treatment Works, processes and techniques capable of meeting the applicable effluent, water quality, and public health requirements over the design life of the facility while recognizing environmental and other nonmonetary considerations. The planning period for the cost-effectiveness analysis will be at least 20 years. The monetary costs to be considered must include the present worth or equivalent annual value of all capital costs and operation and maintenance costs. A cost-effectiveness analysis shall is to include: 002.01C2.a An evaluation of alternative flow reduction methods.002.01C2.b A description of the relationship between the capacity of alternatives and the needs to be served, including capacity for future growth expected after the Wastewater Treatment Works become operational. This includes estimated flows from significant industrial users.002.01C2.c Cost information on total capital costs and annual operation and maintenance costs, including estimated annual or monthly costs to residential and industrial users. 002.01C3 A demonstration of the nonexistence or possible existence of excessive infiltration/inflow in the sewer system. see Chapter 3. 002.01 E.002.01C4 An evaluation of the environmental impacts including ground water and surface water impacts of alternatives.002.01C5 For the selected alternative, a concise description at an appropriate level of detail of at least the following:002.01C5.a Relevant design parameters;002.01C5.b Estimated capital construction and operation and maintenance costs, and a description of the manner in which costs will be financed;002.01C5.c Cost impacts on Wastewater Treatment Works users; and 002.01C5.d Institutional and management arrangements necessary for successful implementation.002.01D Submission and review of a facility plan. Each facility plan shall is to be submitted to the Department for review.002.01E Infiltration/Inflow.002.01E1 General. The loan applicant is to satisfactorily demonstrate to the Department that each sewer system discharging into the proposed Wastewater Treatment Works project is not or will not be subject to excessive infiltration/inflow. As an alternative loan applicants may propose long term program measures to limit infiltration and inflow. For previously existing combined sewers, inflow is not considered excessive in any event.002.01E2 Inflow. If the rainfall induced peak inflow rate results or will result in chronic operational problems during storm events, or the rainfall induced total flow rate exceeds 275 gpcd (1040 Ipcd) during storm events, the loan applicant may perform a study of the sewer system to determine the quantity of excessive inflow and to propose a rehabilitation program to eliminate the excessive inflow.002.01E3 Infiltration. 002.01E3.a If the flow rate at the existing Wastewater Treatment Works is 120 gpcd (450 Ipcd) or less during periods of high groundwater, the loan applicant may build the project including sufficient capacity to transport and treat any existing infiltration. However, if the loan applicant finds any specific portion of its sewer system is subject to excessive infiltration, the loan applicant may document its finding in a cost-effectiveness analysis and propose a sewer rehabilitation program to eliminate that specific excessive infiltration.002.01E3.b If the flow rate at the existing treatment facility is more than 120 gpcd (450 Ipcd) during periods of high groundwater, the loan applicant may perform a study of the sewer system to determine the quantity of excessive infiltration and propose a sewer rehabilitation program to eliminate the excessive infiltration.002.02 Design requirements will include, but not be limited to, the following: 002.02A A requirement that the design of Wastewater Treatment Works be by professional engineers registered in Nebraska and follow current design standards as required by the Department. The design engineer will complete the Department's design information forms and submit them to the Department with the construction contract plans and specifications.002.02B Capacity for twenty years domestic and industrial growth or reasonable capacity as approved by the Department.002.02C Cost and Effectiveness Analysis. Beginning October 1, 2015, loan recipients who submit an application will certify to the Department that the loan recipient: 002.02C1 Has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title; and002.02C2 Has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account: 002.02C2.a The cost of constructing the project or activity;002.02C2.b The cost of operating and maintaining the project or activity over the life of the project or activity; and002.02C2.c The cost of replacing the project or activity. 002.03 Fiscal Sustainability Plan. Beginning October 1, 2014, loan recipients who submit an application whose projects involve the repair, replacement, or expansion of a publicly owned treatment work will Develop, certify, and implement a fiscal sustainability plan that will include:002.03A An inventory of critical assets that are a part of the treatment works;002.03B An evaluation of the condition and performance of inventoried assets or asset groupings;002.03C A certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and002.03D A plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities; or002.03E Certify that the recipient has developed and implemented a plan that meets the requirements under Chapter 4, 006.06A.002.04 Effect of Approval or Certification of Documents. Review or approval of facility plans, design drawings and specifications, or other documents by the Department does not relieve the loan recipient of its responsibility to properly plan, design, build, and effectively operate and maintain the Wastewater Treatment Works described in the loan in accordance with the Clean Water Act, regulations, permits, and good management practices.002.05 Access to Individual On-Site Systems. Loan recipients receiving loans for alternatives including individual on-site systems on private property are to provide assurance of access to the systems at all reasonable times for such purposes as inspection, monitoring, building, operation, rehabilitation, and replacement.002.06 Sewer Use Ordinances/User Charge Systems. The loan recipient is to include the following ordinance provisions for its sewer use ordinance/user charge system. These legally binding documents are to be submitted to the Department for review and be adopted and implemented by the loan recipient before the Wastewater Treatment Works is placed in operation. The loan recipient will also implement the user charge system and sewer use ordinance for the useful life of the Wastewater Treatment Works. 002.06A Sewer Use Ordinance. This legally binding ordinance will prohibit any new connections from inflow sources into the Wastewater Treatment Works and require that new sewers and connections to the Wastewater Treatment Works are properly designed and constructed. This ordinance will also require that all wastewater introduced into the Wastewater Treatment Works not contain toxics or other pollutants in amounts or concentrations that endanger public safety and physical integrity of the Wastewater Treatment Works; cause violation of effluent or water quality limitations; or preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal.002.06B User Charge System. The user charge system is to be designed to produce adequate revenues required for operation and maintenance (including replacement) and also to retire debt incurred due to construction of Wastewater Treatment Works if the user charge system was utilized as the dedicated revenue source. These revenues are to be maintained in at least two separate accounts, one for the operation and maintenance costs (including replacement) and the other for debt retirement costs. The requirements for the debt retirement account will be defined in the loan. Additional accounts may be provided to meet other requirements of the loan recipient.002.06B1 The loan recipient's user charge system, based on actual or estimated use of wastewater treatment services, is to provide that each user or user class pay its proportionate share of operation and maintenance (including replacement) costs of Wastewater Treatment Works within the Municipality's or County's service area, based on the user's proportionate contribution to the total wastewater loading from all users or user classes.002.06B2 Each user charge system is to include an adequate financial management system that will accurately account for revenues generated by the system and expenditures for operation and maintenance (including replacement) of the Wastewater Treatment Works, based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy, and administration.002.06B3 The user charge system is to provide that the costs of operation and maintenance for all flow not directly attributable to users (i.e. infiltration/inflow) be distributed among all users based upon either of the following: 002.06B3.a In the same manner that it distributes the costs for their actual use, or002.06B3.b Under a system which uses one or any combination of the following factors on a reasonable basis: flow volume of the users, land area of the users, or number of hookups or discharges of the users.002.06B4 After completion of building a project, revenue from the project (e.g. sale of a treatment-related by product) is to be used to offset the costs of operation and maintenance. The loan recipient is to proportionately reduce all user charges.002.06B5 One or more municipal legislative enactments or other appropriate authority is to incorporate the user charge system. If the loan recipient accepts wastewater from other wastewater generators, the subscribers receiving waste treatment services from the loan recipient is to adopt user charge systems in accordance with this section. Acceptable user charge systems are also to be incorporated in appropriate municipal legislative enactments or other appropriate authority of all loan recipients contributing wastes to the Wastewater Treatment Works.002.06B6 The user charge system will take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of this section.131 Neb. Admin. Code, ch. 3, § 002
Amended effective 11/8/2016.Amended effective 7/21/2019