Lancaster County Property Transfer

CodeJohn Chess REHS, MPA, Water Quality SupervisorLincoln Lancaster County Health Department

Doug Smith REHS, Environmental Health Specialist , Environmental Public HealthLincoln 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 Reviewed411 Initially denied or 42%559 Initially approved or 58%

*Denials do NOT stop the transfer of the property

Reasons for Denial

Water Issues - 209 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 IdentifiedOnsite Wastewater

274 Lagoons were Inspected30% 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 Denial68% 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