Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 12 - CONTROL OF LEAD AND COPPER
Section 179-12-008 - PUBLIC EDUCATION AND SUPPLEMENTAL MONITORING REQUIREMENTS

Universal Citation: 179 NE Admin Rules and Regs ch 12 ยง 008

Current through March 20, 2024

All water systems must deliver a consumer notice of lead tap water monitoring results to persons served by the water system at sites that are tested, as specified in 179 NAC 12-008.04. A water system that exceeds the lead action level based on tap water samples collected in accordance with 179 NAC 12-009 must deliver the public education materials contained in 179 NAC 12008.01 in accordance with the requirements in 179 NAC 12-008.02. Water systems that exceed the lead action level must sample the tap water of any customer who requests it in accordance with 179 NAC 12-008.03

008.01 Content of Written Public Education Materials

12-008.01A Community Water Systems and Non-transient Non-community Water Systems: Water systems must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in 179 NAC 12-008.01 items 1 through 2 and 6 must be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information below and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the Director prior to delivery. The Director may require the system to obtain approval of the content of written public materials prior to delivery.
1. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF WATER SYSTEM] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

2. Health Effects of Lead: Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.

3. Sources of Lead
a. Explain what lead is.

b. Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

c. Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

4. Discuss the steps consumers can take to reduce their exposure to lead in drinking water
a. Encourage running the water to flush out the lead.

b. Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

c. Explain that boiling water does not reduce lead levels.

d. Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

e. Suggest that parents have their child's blood tested for lead.

5. Explain why there are elevated levels of lead in the system's drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

6. For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our web site at (INSERT YOUR WEB SITE HERE)] For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's web site at http://www. epa.pov/lead or contact your health care provider.

12-008.01B Community Water Systems: In addition to including the elements specified in 179 NAC 12-008.01A, community water systems must:
1. Tell consumers how to get their water tested.

2. Discuss lead in plumbing components and the difference between low lead and lead free.

008.02 Delivery of Public Education Materials

12-008.02A For public water systems that have a population with 5% or more non-English speaking consumers, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

12-008.02B A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with 179 NAC 12-009 and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within 60 days after the end of the monitoring period in which the exceedance occurred:
1. Deliver printed materials meeting the content requirements of 179 NAC 12008.01 to all bill paying customers.

2. Other Contacts
a. Contact customers who are most at risk by delivering education materials that meet the content requirements of 179 NAC 12-008.01 to local public health agencies even if they are not located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users. The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver education materials that meet the content requirements of 179 NAC 12-008.01 to all organizations on the provided lists.

b. Contact customers who are most at risk by delivering materials that meet the content requirements of 179 NAC 12-008.01 to the following organizations listed below that are located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community water system's users:
(1) Public and private schools or school boards.

(2) Women, Infants and Children (WIC) and Head Start programs.

(3) Public and private hospitals and medical clinics.

(4) Pediatricians.

(5) Family planning clinics.

(6) Local welfare agencies.

c. Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of 179 NAC 12-008.01 to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the water system's service area:
(1) Licensed childcare centers.

(2) Public and private preschools.

(3) Obstetricians-Gynecologists and Midwives.

3. No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include system-specific information: [INSERT NAME OF WATER SYSTEM] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SYSTEM] [or visit (INSERT YOUR WEB SITE HERE)]. The message or delivery mechanism can be modified in consultation with the Director; specifically, the Director may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

4. Post material meeting the content requirements of 179 NAC 12-008.01 on the water system's web site if the system serves a population greater than 100,000.

5. Submit a press release to newspaper, television and radio stations.

6. In addition to 179 NAC 12-008.02B items 1-5, systems must implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the Director.
a. Public service announcements.

b. Paid advertisements.

c. Public area informational displays.

d. E-mails to customers.

e. Public Meetings.

f. Household deliveries.

g. Targeted individual customer contact.

h. Direct material distribution to all multi-family homes and institutions.

i. Other methods approved by the Director.

7. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

12-008.02C As long as a community water system exceeds the action level, it must repeat the activities pursuant to 179 NAC 12-008.02B as described in the following paragraphs.
1. A community water system must repeat the tasks contained in 179 NAC 12-008.02B items 1, 2, and 6 every 12 months.

2. A community water system must repeat tasks contained in 179 NAC 12-008.02B item 3 with each billing cycle.

3. A community water system serving a population greater than 100,000 must post and retain material on a publicly accessible web site pursuant to 179 NAC 12-008.02B item 4.

4. A community water system must repeat the task in 179 NAC 12-008.02B item 5 twice every 12 months on a schedule agreed upon with the Director. The Director can allow activities in 179 NAC 12-008.02B to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

12-008.02D Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to 179 NAC 12-008.02E), a non-transient non-community water system must deliver the public education materials specified by 179 NAC 12-008.01 as follows:
1. Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and

2. Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community water system. The Director may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

3. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

12-008.02E A non-transient non-community water system must repeat the tasks contained in 179 NAC 12-008.02D at least once during each calendar year in which the system exceeds the lead action level. The Director can allow activities in 179 NAC 12-008.02D to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

12-008.02F A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period conducted pursuant to 179 NAC 12-009. Such a system must recommence public education in accordance with 179 NAC 12-008 if it subsequently exceeds the lead action level during any monitoring period.

12-008.02G A community water system may apply to the Director, in writing, to use only the text specified in 179 NAC 12-008.01A in lieu of the text in 179 NAC 12-008.01A and 12-008.01B and to perform the tasks listed in 179 NAC 12-008.02D and 12-008.02E in lieu of the tasks in 179 NAC 12-008.02B and 12-008.02C if:
1. The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and

2. The system provides water as part of the cost of services provided and does not separately charge for water consumption.

12-008.02H Communities Serving 3,300 or Fewer People: A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:
1. With respect to the requirements of 179 NAC 12-008.02B item 6, a system serving 3,300 or fewer must implement at least one of the activities listed in that paragraph.

2. With respect to the requirements of 179 NAC 12-008.02B item 2, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

3. With respect to the requirements of 179 NAC 12-008.02B item 5, the Director may waive this requirement for systems serving 3,300 or fewer persons as long as the system distributes notices to every household served by the system.

008.03 Supplemental Monitoring and Notification of Results

A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with 179 NAC 12-009 must offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

008.04 Notification of Results

12-008.04A Reporting Requirement: All water systems must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of 179 NAC 12-009 to the persons served by the water system at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

12-008.04B Timing of Notification: A water system must provide the consumer notice as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.

12-008.04C Content: The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, a list of steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from 179 NAC 14-004.03.

12-008.04D Delivery: The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Director. For example, upon approval by the Director, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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