Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 14 - CONSUMER CONFIDENCE REPORTS
Section 179-14-004 - CONTENT OF THE REPORTS

Universal Citation: 179 NE Admin Rules and Regs ch 14 ยง 004

Current through March 20, 2024

004.01 Each community water system must provide to its customers an annual report that contains the information specified in 179 NAC 14-004 and 14-005.

004.02 Information on the source of the water delivered:

14-004.02A Each report must identify the source(s) of the water delivered by the community water system by providing information on:
1. The type of the water: e.g., surface water, ground water; and

2. The commonly used name (if any) and location of the body (or bodies) of water.

14-004.02B If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it. Systems are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. When a source water assessment has been completed, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the Department or written by the system.

004.03 Definitions

14-004.03A Each report must include the following definitions:
1. Maximum Contaminant Level Goal (MCLG) means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

2. Maximum Contaminant Level (MCL) means the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

14-004.03B A community water system operating under a variance or an exemption must include the following definition: Variances and Exemptions means state permission not to meet an MCL or a treatment technique under certain conditions.

14-004.03C A report which contains data on contaminants that the Department regulates using any of the following terms must include the applicable definitions:
1. Treatment Technique means a required process intended to reduce the level of a contaminant in drinking water.

2. Action Level means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

3. Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

4. Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

14.004.03D A report that contains information regarding a Level 1 or Level 2 Assessment required under 179 NAC 26 must include the applicable definitions:
1. Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

2. Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

004.04 Information on Detected Contaminants

14-004.04A 179 NAC 14-004.04A specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium). It applies to:
1. Contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique (regulated contaminants); and

2. Contaminants for which monitoring is required by 40 CFR 141.40.

14-004.04B The data relating to these contaminants must be displayed in one table or in several adjacent tables. Any additional monitoring results which a community water system chooses to include in its report must be displayed separately.

14-004.04C The data must be derived from data collected to comply with state monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter except that where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are for the most recent testing done in accordance with the regulations. No data older than five years need be included.

14-004.04D For detected regulated contaminants (listed in Appendix A to this chapter), the table(s) must contain:
1. The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in Appendix A to 179 NAC 14).

2. The MCLG for that contaminant expressed in the same units as the MCL.

3. If there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in 179 NAC 14-004.03C.

4. For contaminants subject to an MCL, except turbidity, total coliform, fecal coliform and E. coli , the highest contaminant level used to determine compliance with a drinking water standard and the range of detected levels, as follows: (Note that when rounding of results to determine compliance with 7the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in Appendix A of 179 NAC 14).
a. When compliance with the MCL is determined annually or less frequently, use the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.

b. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location, use the highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For the MCLs for TTHMs and HAA5s in 179 NAC 2-002.04E, systems must include the highest locational running annual average for TTHMs and HAA5s and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL.

c. When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all monitoring locations, use the average and range of detection expressed in the same units as the MCL. When the system has individual sample results for an initial distribution system evaluation (IDSE), the system must include those results when determining the range of TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken.

5. For Turbidity
a. When it is reported pursuant to 40 CFR 141.13, use the highest average monthly value.

b. When it is reported pursuant to the requirements of 179 NAC 13-004, use the highest monthly value. The report should include an explanation of the reasons for measuring turbidity.

c. When it is reported pursuant to 179 NAC 13-006 or 179 NAC 17-005 or 179 NAC 19-009.02: the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 179 NAC 13-006 or 179 NAC 17-005 or 179 NAC 19-009.02 for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.

6. For Lead and Copper, use the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level.

7. For Total Coliform analytical results through March 31, 2016:
a. Use the highest monthly number of positive samples for systems collecting fewer than 40 samples per month, or

b. Use the highest monthly percentage of positive samples for systems collecting at least 40 samples per month.

8. For Fecal Coliform and E. coli through March 31, 2016: The total number of positive samples;

9. Likely Source: Include the likely source(s) of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in Appendix A to 179 NAC 14 that is most applicable to the system.

10. For E. coli analytical results under 179 NAC 26: The total number of positive samples.

14-004.04E Multiple Independent Distribution Systems: If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table should contain a separate column for each service area and the report should identify each separate distribution system. Alternatively, systems could produce separate reports tailored to include data for each service area.

14-004.04F The table(s) must clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques, and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language of Appendix A to 179 NAC 14.

14-004.04G For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) must contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.

004.05 Information on Cryptosporidium, radon, and other contaminants

14-004.05A If the system has performed any monitoring for Cryptosporidium which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include:
1. A summary of the results of the monitoring, and

2. An explanation of the significance of the results.

14-004.05B If the system has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include:
1. The results of the monitoring, and

2. An explanation of the significance of the results.

004.06 Compliance with Drinking Water Standards

In addition to the requirements of 179 NAC 14-004.04F, the report must note any violation that occurred during the year covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation.

1. Monitoring and reporting of compliance data;

2. Filtration and disinfection prescribed by 179 NAC 13, Surface Water Treatment (for surface water and ground water under the influence of surface water systems). For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches;

3. Lead and copper control requirements prescribed by 179 NAC 12. For systems that fail to take one or more actions prescribed by 179 NAC 12-003.02, 12-004, 12-005, 12-006, 12-007 the report must include the applicable language of Appendix A to 179 NAC 14 for lead, copper or both;

4. Treatment techniques for Acrylamide and Epichlorohydrin prescribed in 179 NAC 2-002.05. For systems that violate the requirements of 179 NAC 2-002.05, the report must include the relevant language from Appendix A to 179 NAC 14;

5. Recordkeeping of compliance data;

6. Special monitoring requirements for unregulated contaminants and sodium; and

7. Violation of the terms of a variance, an exemption, or an administrative or judicial order.

004.07 Variances and Exemptions

If a system is operating under the terms of a variance or an exemption issued under 179 NAC 6, the report must contain:

1. An explanation of the reasons for the variance or exemption,

2. The date on which the variance or exemption was issued,

3. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption, and

4. A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.

004.08 Additional Information

14-004.08A The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of 179 NAC 14-004.08A items one to three or systems may use their own comparable language. The report also must include the language of 179 NAC 14-004.08A item 4.
1. The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and ground water wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

2. Contaminants that may be present in source water include:
a. Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

b. Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

c. Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

d. Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

e. Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.

3. In order to ensure that tap water is safe to drink, the Director prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. FDA regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

4. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline ( 800-426-4791) or the Department of Health and Human Services, Division of Public Health at 402-471-2541.

5. The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

6. Systems required to comply with 179 NAC 8.
a. Any ground water system that receives notice from the Department of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Department under 179 NAC 8-005.04 must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive ground water source sample in the next report. The system must continue to inform the public annually until the Department determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under 179 NAC 8-006.01. Each report must include the following elements.
(1) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the Department or the dates of the fecal indicator-positive ground water source samples;

(2) If the fecal contamination in the ground water source has been addressed under 179 NAC 8-006.01 and the date of such action;

(3) For each significant deficiency or fecal contamination in the ground water source that has not been addressed under 179 NAC 8-006.01, the Department-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and

(4) If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the Department under 179 NAC 8-005.04, the potential health effects using the health effects language of Appendix A of 179 NAC 14.

b. If directed by the Department, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under 179 NAC 14-004.08A item 6.a.

7. Systems required to comply with 179 NAC 26.
a. Any system required to comply with a Level 1 assessment requirement or a Level 2 assessment requirement that is not due to an E. coli MCL violation must include in the report the text found in 179 NAC 14-004.08 items 7.a.(1) to 7.a.(3) as appropriate, filling in the blanks accordingly and the text found in 179 NAC 14-004.08 items 7.a.(4)(a) and 7.a.(4)(b) if appropriate.
(1) Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in the water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

(2) During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s). [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] of corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(3) During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were required to be completed for our water system. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(4) Any system that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:
(a) During the past year we failed to conduct all of the required assessment(s).

(b) During the past year we failed to correct all identified defects that were found during the assessment.

b. Any system required to conduct a Level 2 assessment due to an E. coli MCL violation must include in the report the text found in 179 NAC 14-004.08 items 7.b.(1) and (2), filling in the blanks accordingly and the text found in 179 NAC 14-004.08 items 7.b.(3)(a) and (b), if appropriate.
(1) E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. Coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

(2) We were required to complete a Level 2 assessment because we found E. Coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(3) Any system that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:
(a) We failed to conduct the required assessment.

(b) We failed to correct all sanitary defects that were identified during the assessment that we conducted.

c. If a system detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in 179 NAC 14-004.04D, the system must include one or more of the following statements to describe any noncompliance, as applicable:
(1) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.

(2) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.

(3) We failed to take all required repeat samples following an E. coli-positive routine sample.

(4) We failed to test for E. coli when (a) repeat sample(s) tested positive for total coliform.

d. If a system detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in 179 NAC 14-004.04D, the system may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.

14-004.08B Phone Number: The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report.

14-004.08C Other Languages: In communities that have a population with 20% or more non-English speaking residents, the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.

14-004.08D Meetings: The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

14-004.08E The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

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