Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 12 - CONTROL OF LEAD AND COPPER
Section 179-12-009 - MONITORING REQUIREMENTS FOR LEAD AND COPPER IN TAP WATER

Current through September 17, 2024

009.01 Sample Site Location

12-009.01A Each water system must complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of 179 NAC 12-009, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in 179 NAC 12-009.03. All sites from which first draw samples are collected must be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

12-009.01B The system must seek to collect the following information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):
1. All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

2. All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

3. All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

12-009.01C The sampling sites selected for a community water system's sampling pool ("tier 1 sampling sites") must consist of single family structures that:
1. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

2. Are served by a lead service line. When multiple-family residences comprise at least 20% of the structures served by a water system, the system may include these types of structures in its sampling pool.

12-009.01D Any community water system with insufficient tier 1 sampling sites must complete its sampling pool with "tier 2 sampling sites", consisting of buildings, including multiple-family residences that:
1. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

2. Are served by a lead service line.

12-009.01E Any community water system with insufficient tier 1 and tier 2 sampling sites must complete its sampling pool with "tier 3 sampling sites", consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3 sampling sites must complete its sampling pool with representative sites throughout the distribution system. For the purpose of 179 NAC 12-009.01E, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

12-009.01F The sampling sites selected for a non-transient non-community water system ("tier 1 sampling sites") must consist of buildings that:
1. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

2. Are served by a lead service line.

12-009.01G A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in 179 NAC 12-009.01F must complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community water system must use representative sites throughout the distribution system. For the purpose of 179 NAC 12-009.01G, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

12-009.01H Any water system whose distribution system contains lead service lines must draw 50% of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50% of the samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line must collect first-draw samples from all of the sites identified as being served by such lines.

009.02 Sample Collection Methods

12-009.02A All tap samples for lead and copper collected in accordance with 179 NAC 12, with the exception of lead service line samples collected under 179 NAC 12-007.03, and samples collected under 179 NAC 12-009.02E, must be first-draw tap samples.

12-009.02B Each first-draw tap sample for lead and copper must be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First draw samples from residential housing must be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building must be one liter in volume and must be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to 179 NAC 12-009.02E must be one liter in volume and must be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the system or the system may allow residents to collect first draw samples after instructing the residents of the sampling procedures specified in 179 NAC 12-009.02B. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

12-009.02C Each service line sample must be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples must be collected in one of the three following ways:
1. At the tap after flushing the volume of water between the tap and the lead service line. The volume of water must be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

2. Tapping directly into the lead service line; or

3. If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature that would be indicative of water that has been standing in the lead service line.

12-009.02D A water system must collect each first draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

12-009.02E A non-transient non-community water system, or a community water system that meets the criteria of 179 NAC 12-008.03G items 1 and 2 that does not have enough taps that can supply first draw samples, as defined in 179 NAC 12-002, may apply to the Director in writing to substitute non-first draw samples. Such systems must collect as many first draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The Director has the discretion to waive the requirement for prior Director approval of non-first draw sample sites selected by the system, either through Department regulation or written notification to the system.

009.03 Number of Samples

Water systems must collect at least one sample during each monitoring period specified in 179 NAC 12-009.04 from the number of sites listed in the "Number of Sites (Standard Monitoring)" column below. A system conducting reduced monitoring under 179 NAC 12-009.04D must collect at least one sample from the number of sites specified in the last column below during each monitoring period specified in 179 NAC 12-009.04D. Such reduced monitoring sites must be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps that can be used for human consumption meeting the sample site criteria of 179 NAC 12-009.01 to reach the required number of sample sites listed below, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the Director may allow these public water systems to collect a number of samples less than the number of sites specified below, provided that 100% of all taps that can be used for human consumption are sampled. The Director will approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Director. The Director may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:

System Size (# People Served)

Number of Sites (Standard Monitoring)

Number of sites (Reduced Monitoring)

>100,000

100

50

10, 001-100,000

60

30

3,301 to 10,000

40

20

501 to 3,300

20

10

101 to 500

10

5

<=100

5

5

009.04 Timing of Monitoring

12-009.04A Initial Tap Sampling: The first six-month monitoring period for small, medium-size and large systems began on the following dates which are included for convenience:

System Size(# People Served)

Monitoring Date

>50,000

January 1,1992

3,301 to 50,000

July 1, 1992

<=3,300

July 1, 1993

12-009.04A1 All large systems must monitor during two consecutive six-month periods.

12-009.04A2 All small and medium-size systems must monitor during each six-month monitoring period until:
1. The system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under 179 NAC 12-004, in which case the system must continue monitoring in accordance with 179 NAC 12-009.04B, or

2. The system meets the lead and copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with 179 NAC 12-009.04D.

12-009.04B Monitoring after Installation of Corrosion Control and Source Water Treatment
12-009.04B1 Any large system which installs optimal corrosion control treatment pursuant to 179 NAC 12-004.04 item 4 must monitor during two consecutive six-month monitoring periods by the date specified in 179 NAC 12-004.04 item 5.

12-009.04B2 Any small or medium-size system which installs optimal corrosion control treatment pursuant to 179 NAC 12-004.05 item 5 must monitor during two consecutive six-month monitoring periods by the date specified in 179 NAC 12-004.05 item 6.

12-009.04B3 Any system which installs source water treatment pursuant to 179 NAC 12-006.01 item 3 must monitor during two consecutive six-month monitoring periods by the date specified in 179 NAC 12-006.01 item 4.

12-009.04C Monitoring after the Director Specifies Water Quality Parameter Values for Optimal Corrosion Control: After the Director specifies the values for water quality control parameters under 179 NAC 12-005.06, the system must monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Director specifies the optimal values under 179 NAC 12-005.06.

12-009.04D Reduced Monitoring
12-009.04D1 A small or medium - size water system that meets the lead and copper action levels during each of two consecutive six - month monitoring periods may reduce the number of samples in accordance with 179 NAC 12-009.03, and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in 179 NAC 12-009.03, that meets the lead and copper action levels during each of two consecutive six - month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling must begin during the calendar year immediately following the end of the second consecutive six - month monitoring period.

12-009.04D2 Any water system that maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under 179 NAC 12-005.06 during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with 179 NAC 12-009.03 if it receives written approval from the Director. The Director must review monitoring, treatment, and other relevant information submitted by the water system in accordance with 179 NAC 12-013 and must notify the system in writing when it determines the system is eligible to commence reduced monitoring pursuant to 179 NAC 12-009.04D2. The Director must review, and where appropriate, revise his/her determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

12-009.04D3 A small or medium-size water system that meets the lead and copper action levels during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any water system that maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under 179 NAC 12-005.06 during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the Director. The Director must review monitoring, treatment, and other relevant information submitted by the water system in accordance with 179 NAC 12-013, and must notify the system in writing when s/he determines the system is eligible to reduce the frequency of monitoring to once every three years. The Director must review, and where appropriate, revise his/her determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

12-009.04D4 A water system that reduces the number and frequency of sampling must collect these samples from representative sites included in the pool of targeted sampling sites identified in 179 NAC 12-009.01. Systems sampling annually or less frequently must conduct the lead and copper tap sampling during the months of June, July, August or September unless the Director has approved a different sampling period in accordance with 179 NAC 12-009.04D 4 item 1.
1. The Director, at his/her discretion, may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples. Such a period must be no longer than four consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the Director will designate a period that represents a time of normal operation for the system. This sampling must begin during the period approved or designated by the Director in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

2. Systems monitoring annually, that have been collecting samples during the months of June through September and that receive Director approval to alter their sample collection period under 179 NAC 12-009.04D 4 item 1, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive Director approval to alter the sampling collection period as per 179 NAC 12-009.04D 4 item 1, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by 179 NAC 12-009. Small systems with waivers, granted pursuant to 179 NAC 12-009.07, that have been collecting samples during the months of June through September and receive Director approval to alter their sample collection period under 179 NAC 12-009.04D 4 item 1 must collect their next round of samples before the end of the nine-year period.

12-009.04D5 Any water system that demonstrates for two consecutive six-month monitoring periods that the tap water lead level computed under 179 NAC 12-003.01C is less than or equal to 0.005 mg/L and the tap water copper level computed under 179 NAC 12-003.01C is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with 179 NAC 12-009.03 and reduce the frequency of sampling to once every three calendar years.

12-009.04D6 Exceedance Under Reduced Monitoring
12-009.04D6a A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level must resume sampling in accordance with 179 NAC 12-009.04C and collect the number of samples specified for standard monitoring under 179 NAC 12-009.03. Such a system must also conduct water quality parameter monitoring in accordance with 179 NAC 12-010.02, 12-010.03 or 12-010.04 (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in 179 NAC 12-009.03 after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of 179 NAC 12-009.04D1, and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either 179 NAC 12-009.04D3 or 179 NAC 12-009.04D5.

12-009.04D6b Any water system subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Director under 179 NAC 12-005.06 for more than nine days in any six-month period specified in 179 NAC 12-010.04 must conduct tap water sampling for lead and copper at the frequency specified in 179 NAC 12-009.04C, collect the number of samples specified for standard monitoring under 179 NAC 12-009.03, and must resume monitoring for water quality parameters within the distribution system in accordance with 179 NAC 12-010.04. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:
1. The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in 179 NAC 12-009.03 after it has completed two subsequent six-month rounds of monitoring that meet the criteria of 179 NAC 12-009.04D2 and the system has received written approval from the Director that it is appropriate to resume reduced monitoring on an annual frequency.

2. The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either 179 NAC 12-009.04D3 or 12-009.04D5 and the system has received written approval from the Director that it is appropriate to resume triennial monitoring.

3. The system may reduce the number of water quality parameter tap water samples required in accordance with 179 NAC 12-010.05A and the frequency with which it collects such samples in accordance with 179 NAC 12-010.05B. Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of 179 NAC 12-010.05B, that it has re-qualified for triennial monitoring.

12-009.04D7 Any water system subject to a reduced monitoring frequency under 179 NAC 12-009.04D that either adds a new source of water or changes any water treatment must inform the Director in writing in accordance with 179 NAC 12-013.01C. The Director may require the system to resume sampling in accordance with 179 NAC 12-009.04C and collect the number of samples specified for standard monitoring under 179 NAC 12-009.03 or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

009.05 Additional Monitoring by Systems

The results of any monitoring conducted in addition to the minimum requirements of 179 NAC 12-009 will be considered by the system and the Director in making any determinations (i.e., calculating the 90th percentile lead or copper level) under 179 NAC 12.

009.06 Invalidation of Lead or Copper Tap Water Samples

A sample invalidated under 179 NAC 12-009.06 does not count toward determining lead or copper 90th percentile levels under 179 NAC 12-003.01C or toward meeting the minimum monitoring requirements of 179 NAC 12-009.03.

12-009.06A The Director may invalidate a lead or copper tap water sample if at least one of the following conditions is met.
1. The laboratory establishes that improper sample analysis caused erroneous results.

2. The Director determines that the sample was taken from a site that did not meet the site selection criteria of 179 NAC 12-009.

3. The sample container was damaged in transit.

4. There is substantial reason to believe that the sample was subject to tampering.

12-009.06B The system must report the results of all samples to the Director and all supporting documentation for samples the system believes should be invalidated.

12-009.06C To invalidate a sample under 179 NAC 12-009.06A, the decision and the rationale for the decision must be documented in writing. The Director may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

12-009.06D The water system must collect replacement samples for any samples invalidated under 179 NAC 12-009 if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of 179 NAC 12-009.03. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Director invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period must not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples must be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

009.07 Monitoring Waivers for Small Systems

Any small system that meets the criteria of 179 NAC 12-009.07 may apply to the Director to reduce the frequency of monitoring for lead and copper under 179 NAC 12-009 to once every nine years (i.e., a "full waiver") if it meets all of the materials criteria specified in 179 NAC 12-009.07A and all of the monitoring criteria specified in 179 NAC 12-009.07B. Any small system that meets the criteria in 179 NAC 12-009.07A and 12-009.07B only for lead, or only for copper, may apply to the Director for a waiver to reduce the frequency of tap water monitoring to once every nine years for that contaminant only (i.e., a "partial waiver").

12-009.07A Materials Criteria: The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as those terms are defined below:
1. Lead: To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a "lead waiver"), the water system must provide certification and supporting documentation to the Director that the system is free of all lead-containing materials, as follows:
a. It contains no plastic pipes that contain lead plasticizers, or plastic service lines that contain lead plasticizers; and

b. It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300 g-6(e) (Attachment 1).

2. Copper: To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (i.e., a "copper waiver"), the water system must provide certification and supporting documentation to the Director that the system contains no copper pipes or copper service lines.

12-009.07B Monitoring Criteria for Waiver Issuance: The system must have completed at least one six-month round of standard tap water monitoring for lead and copper at sites approved by the Director and from the number of sites required by 179 NAC 12-009.03 and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.
1. Lead Levels: To qualify for a full waiver, or a lead waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

2. Copper Levels: To qualify for a full waiver, or a copper waiver, the system must demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

12-009.07C Director Approval of Waiver Application: The Director must notify the system of his/her waiver determination in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the Director may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by 179 NAC 12-009.04A through 12-009.04D, as appropriate, until it receives written notification from the Director that the waiver has been approved.

12-009.07D Monitoring Frequency for Systems with Waivers
12-009.07D1 A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with 179 NAC 12-009.04D4 at the reduced number of sampling sites identified in 179 NAC 12-009.03 at least once every nine years and provide the materials certification specified in 179 NAC 12-009.07A for both lead and copper to the Director along with the monitoring results.

12-009.07D2 A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with 179 NAC 12-009.04D 4 at the reduced number of sampling sites specified in 179 NAC 12-009.03 at least once every nine years and provide the materials certification specified in 179 NAC 12-009.07A pertaining to the waived contaminant along with the monitoring results. The system also must continue to monitor for the non-waived contaminant in accordance with requirements of 179 NAC 12-009.04A through 12-009.04D, as appropriate.

12-009.07D3 Any water system with a full or partial waiver must notify the Director in writing in accordance with 179 NAC 12-013.01C of any upcoming long - term change in treatment or addition of a new source, as described in that section. The Director will review and must approve the addition of a new source or long - term change in water treatment before it is implemented by the water system . The Director has the authority to require the system to add or modify waiver conditions [e.g., require recertification that the system is free of lead - containing and/or copper - containing materials, require additional round(s) of monitoring], if s/he deems the modifications are necessary to address treatment or source water changes at the system.

12-009.07D4 If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system must notify the Director in writing no later than 60 days after becoming aware of such a change.

12-009.07E Continued Eligibility: If the system continues to satisfy the requirements of 179 NAC 12-009.07D, the waiver will be renewed automatically, unless any of the conditions listed in 179 NAC 12-009.07E items 1 through 3 occurs. A system whose waiver has been revoked may re-apply for a waiver at the time it again meets the appropriate materials and monitoring criteria of 179 NAC 12-009.07A and 12-009.07B.
1. A system with a full waiver or a lead waiver no longer satisfies the materials criteria of 179 NAC 12-009.07A item 1 or has a 90th percentile lead level greater than 0.005 mg/L.

2. A system with a full waiver or a copper waiver no longer satisfies the materials criteria of 179 NAC 12-009.07A item 2 or has a 90th percentile copper level greater than 0.65 mg/L.

3. The Director notifies the system in writing that the waiver has been revoked, setting forth the basis of his/her decision.

12-009.07F Requirements Following Waiver Revocation: A system whose full or partial waiver has been revoked by the Director is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:
1. If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in 179 NAC 12-004.05, and any other applicable requirements of 179 NAC 12.

2. If the system meets both the lead and the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in 179 NAC 12-009.03.

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