Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 12 - CONTROL OF LEAD AND COPPER
Section 179-12-013 - REPORTING REQUIREMENTS
Universal Citation: 179 NE Admin Rules and Regs ch 12 ยง 013
Current through March 20, 2024
All water systems must report all of the following information to the Director in accordance with 179 NAC 12-013.
013.01 Reporting Requirements for Tap Water Monitoring for Lead and Copper and for Water Quality Parameter Monitoring
12-013.01A Except as provided in 179 NAC
12-013.01A item 7, a water system must report the information specified below
for all tap water samples specified in 179 NAC
12-009 and for all water quality
parameter samples specified in 179 NAC
12-010 within the first ten days
following the end of each applicable monitoring period specified in 179 NAC
12-009 and
12-010 (i.e., every
six months, annually, every three years, or every nine years).
1. The results of all tap samples for lead
and copper including the location of each site and the criteria under 179 NAC
12-009.01C,
12-009.01D,
12-009.01E,
12-009.01F,
and/or
12-009.01G under
which the site was selected for the system's sampling pool;
2. Documentation for each tap water lead or
copper sample for which the water system requests invalidation pursuant to 179
NAC
12-009.06B;
3. The 90th percentile lead and copper
concentrations measured from among all lead and copper tap water samples
collected during each monitoring period (calculated in accordance with 179 NAC
12-003.01C unless
the Director calculates the system's 90th percentile
lead and copper levels under 179 NAC 12-013.08 );
4. With the exception of initial tap
sampling, the system must designate any site which was not sampled during
previous monitoring periods, and include an explanation of why sampling sites
have changed;
5. The results of all
tap samples for pH, and where applicable, alkalinity, calcium, conductivity,
temperature, and orthophosphate or silica collected under 179 NAC 12-010.02 to
12-010.05;
6. The results of all
samples collected at the entry point(s) to the distribution system for
applicable water quality parameters under 179 NAC 12-010.02 to
12-010.05;
7. A water system must
report the results of all water quality parameter samples collected under 179
NAC 12-010.03 through 12-010.06 during each six-month monitoring period
specified in 179 NAC 12-010.04 within the first ten days following the end of
the monitoring period unless the Director has specified a more frequent
reporting requirement.
12-013.01B For a non-transient non-community
water system, or a community water system meeting the criteria of 179 NAC
12-008.03G items 1 and 2, that does not have enough taps that can provide first
draw samples, the system must either:
1.
Provide written documentation to the Director identifying standing times and
locations for enough non-first draw samples to make up its sampling pool under
179 NAC
12-009.02E by the
start of the first applicable monitoring period under 179 NAC 12-009.04 that
commences after April 11, 2000, unless the Director has waived prior Director
approval of non-first draw sample sites selected by the system pursuant to 179
NAC
12-009.02E;
or
2. If the Director has waived
prior approval of non-first draw sample sites selected by the system, identify,
in writing, each site that did not meet the six-hour minimum standing time and
the length of standing time for that particular substitute sample collected
pursuant to 179 NAC
12-009.02E and
include this information with the lead and copper tap sample results required
to be submitted pursuant to 179 NAC
12-013.01A item
1.
12-013.01C No later
than 60 days after the addition of a new source or any change in water
treatment, unless the Director requires earlier notification, a water system
deemed to have optimized corrosion control under 179 NAC
12-004.02C, a
water system subject to reduced monitoring pursuant to 179 NAC 12-009.04D, or a
water system subject to a monitoring waiver pursuant to 179 NAC 12-009.07, must
send written documentation to the Director describing the change.
12-013.01D Any small system applying for a
monitoring waiver under 179 NAC 12-009.07, or subject to a waiver granted
pursuant to 179 NAC
12-009.07C, must
provide the following information to the Director in writing by the specified
deadline:
1. By the start of the first
applicable monitoring period in 179 NAC
12-009.04, any small water system
applying for a monitoring waiver must provide the documentation required to
demonstrate that it meets the waiver criteria of 179 NAC
12-009.07A and
12-009.07B.
2. No later than nine years after the
monitoring previously conducted pursuant to 179 NAC
12-009.07B or
12-009.07D 1,
each small system desiring to maintain its monitoring waiver must provide the
information required by 179 NAC
12-009.07D 1 and
12-009.07D
2.
3. No later than 60 days after
it becomes aware that it is no longer free of lead-containing and/or
copper-containing material, as appropriate, each small system with a monitoring
waiver must provide written notification to the Director, setting forth the
circumstances resulting in the lead-containing and/or copper-containing
materials being introduced into the system and what corrective action, if any,
the system plans to remove these materials.
12-013.01E Each ground water system that
limits water quality parameter monitoring to a subset of entry points under 179
NAC
12-010.03C must
provide, by the commencement of the monitoring, written correspondence to the
Director that identifies the selected entry points and includes information
sufficient to demonstrate that the sites are representative of water quality
and treatment conditions throughout the system.
013.02 Source Water Monitoring Reporting Requirements
12-013.02A A water system must
report the sampling results for all source water samples collected in
accordance with 179 NAC
12-011 within the first ten days
following the end of each source water monitoring period
(i.e., annually, per compliance period, per compliance cycle)
specified in 179 NAC
12-011.
12-013.02B With the exception of the first
round of source water sampling conducted pursuant to 179 NAC 12-011.02, the
system must specify any site which was not sampled during previous monitoring
periods, and include an explanation of why the sampling point has
changed.
013.03 Corrosion Control Treatment Reporting Requirements
By the applicable dates under 179 NAC 12-004, systems must report the following information to the Director:
1. For systems demonstrating that they have
already optimized corrosion control, information required in 179 NAC
12-004.02B or
12-004.02C.
2. For systems required to optimize corrosion
control, their recommendation regarding optimal corrosion control treatment
under 179 NAC 12-005.01.
3. For
systems required to evaluate the effectiveness of corrosion control treatments
under 179 NAC 12-005.03, the information required by 179 NAC
12-005.03.
4. For systems required
to install optimal corrosion control designated by the Director under 179 NAC
12-005.04, a letter certifying that the system has completed installing that
treatment.
013.04 Source Water Treatment Reporting Requirements
By the applicable dates in 179 NAC 12-006, systems must provide the following information to the Director:
1. If required under 179 NAC
12-006.02A, their
recommendation regarding source water treatment;
2. For systems required to install source
water treatment under 179 NAC
12-006.02B, a
letter certifying that the system has completed installing the treatment
designated by the Director within 24 months after the Director designated the
treatment.
013.05 Lead Service Line Replacement Reporting Requirements
Systems must report the following information to the Director to demonstrate compliance with the requirements of 179 NAC 12-007:
1. Within 12 months after a system exceeds
the lead action level in sampling referred to in 179 NAC 12-007.01, the system
must demonstrate in writing to the Director that it has conducted a materials
evaluation, including the evaluation in 179 NAC
12-009.01, to identify the initial
number of lead service lines in its distribution system, and must provide the
Director with the system's schedule for replacing annually at least 7% of the
initial number of lead service lines in its distribution system.
2. Within 12 months after a system exceeds
the lead action level in sampling referred to in 179 NAC 12-007.01, and every
12 months thereafter, the system must demonstrate to the Director in writing
that the system has either:
a. Replaced in
the previous 12 months at least 7% of the initial lead service lines (or a
greater number of lines specified by the Director under 179 NAC 12-007.05 ) in
its distribution system, or
b.
Conducted sampling which demonstrates that the lead concentration in all
service line samples from an individual line(s), taken pursuant to 179 NAC
12-009.02C, is
less than or equal to 0.015 mg/L. In such cases, the total number of lines
replaced and/or which meet the criteria in 179 NAC 12-007.03 must equal at
least 7% of the initial number of lead lines identified under 179 NAC
12-013.01 (or the percentage
specified by the Director under 179 NAC 12-007.05 ).
3. The annual letter submitted to the
Director under 179 NAC 12-013.05 item 2 must contain the following information:
a. The number of lead service lines scheduled
to be replaced during the previous year of the system's replacement
schedule;
b. The number and
location of each lead service line replaced during the previous year of the
system's replacement schedule;
c.
If measured, the water lead concentration and location of each lead service
line sampled, the sampling method, and the date of sampling.
4. Any system that collects lead
service line samples following partial lead service line replacement required
by 179 NAC
12-007 must report the results to the
Director within the first ten days of the month following the month in which
the system receives the laboratory results, or as specified by the Director.
The Director, at his/her discretion, may eliminate this requirement to report
these monitoring results. Systems must also report any additional information
as specified by the Director, and in a time and manner prescribed by the
Director, to verify that all partial lead service line replacement activities
have taken place.
013.06 Public Education Program Reporting Requirements
12-013.06A Any water system that is subject
to the public education requirements in 179 NAC
12-008 must, within ten days after
the end of each period in which the system is required to perform public
education tasks in accordance with 179 NAC 12-008.03, send written
documentation to the Director that contains:
1. A demonstration that the system has
delivered the public education materials that meet the content requirements in
179 NAC 12-008.01 and 12-008.02 and the delivery requirements in 179 NAC
12-008.03; and
2. A list of all the newspapers, radio
stations, television stations, and facilities and organizations to which the
system delivered public education materials during the period in which the
system was required to perform public education tasks.
12-013.06B Unless required by the Director, a
system that previously has submitted the information required by 179 NAC
12-013.06A item 2
need not resubmit the information required by 179 NAC
12-013.06A item
2, as long as there have been no changes in the distribution list and the
system certifies that the public education materials were distributed to the
same list submitted previously.
12-013.06C No later than 3 months foll owing
the end of the monitoring period, each system must mail a sample copy of the
consumer notification of tap results to the Director along with a certification
that the notification has been distributed in a manner consistent with the
requirements of 179 NAC 12-008.04.
013.07 Reporting of Additional Monitoring Data
Any system which collects sampling data in addition to that required by 179 NAC 12 must report the results to the Director within the first ten days following the end of the applicable monitoring period under 179 NAC 12-009, 12-010, and 12-011 during which the samples are collected.
013.08 Reporting of 90[th] Percentile Lead and Copper Concentrations Where the Director Calculates a System's 90[th] Percentile Concentrations
A water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by 179 NAC 12-013.01A item 4 if:
1. The Director has previously
notified the water system that it will calculate the water system's
90th percentile lead and copper concentrations,
based on the lead and copper tap results submitted pursuant to 179 NAC
12-013.08 item 2.a., and has specified a date before the end of the applicable
monitoring period by which the system must provide the results of lead and
copper tap water samples;
2. The
system has provided the following information to the Director by the date
specified in 179 NAC 12-013.08 item 1:
a. The
results of all tap samples for lead and copper including the location of each
site and the criteria under 179 NAC
12-009.01C,
12-009.01D,
12-009.01E,
12-009.01F,
and/or
12-009.01G under
which the site was selected for the system's sampling pool, pursuant to 179 NAC
12-013.01A item
1; and
b. An identification of
sampling sites utilized during the current monitoring period that were not
sampled during previous monitoring periods, and an explanation why sampling
sites have changed; and
3. The Director has provided the results of
the 90th percentile lead and copper calculations, in
writing, to the water system before the end of the monitoring period.
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