Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 24 - STAGE 2 DISINFECTANTS AND DISINFECTION BYPRODUCTS (DBPs)
Section 179-24-003 - GENERAL REQUIREMENTS

Universal Citation: 179 NE Admin Rules and Regs ch 24 ยง 003

Current through March 20, 2024

003.01 Schedule

Systems must comply with the requirements in this chapter on the schedule in the following table based on system type.

System type Compliance date1

Systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system

(1) System serving >= 100,000 Systems subject to 40 CFR 141 Subpart V prior to the effective date of these regulations are subject to 179 NAC 24 as of the effective date of these regulations.
(2) System serving 50, 000-99,999 Systems subject to 40 CFR 141 Subpart V prior to the effective date of these reguations are subject to 179 NAC 24 as of the effective date of these regulations.
(3) System serving 10, 000-49,999 October 1, 2013
(4) System serving < 10,000 October 1, 2013 if no Cryptosporidium monitoring is required under 179 NAC 25-004.01D or October 1, 2014 if Cryptosporidium monitoring is required under 179 NAC 25-004.01D or 25-004.01F

Other systems that are part of a combined distribution system

(5) Consecutive system or wholesale system At the same time as the system with the earliest compliance date in the combined distribution system

1 The Department may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if the system requires capital improvements to comply with an MCL.

24-003.01A Systems' monitoring frequency is specified in 179 NAC 24-004.01B.
24-003.01A1 If a system is required to conduct quarterly monitoring, it must begin monitoring in the first full calendar quarter that includes the compliance date in the table in 179 NAC 24-003.01.

24-003.01A2 If a system is required to conduct monitoring at a frequency that is less than quarterly, it must begin monitoring in the calendar month recommended in the initial distribution system evaluation (IDSE) report or the calendar month identified in the monitoring plan developed under 179 NAC 24-005 no later than 12 months after the compliance date in the table in 179 NAC 24-003.01.

24-003.01B If a system is required to conduct quarterly monitoring, it must make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If a system is required to conduct monitoring at a frequency that is less than quarterly, it must make compliance calculations beginning with the first compliance sample taken after the compliance date.

24-003.01C For the purpose of the schedule in 179 NAC 24-003.01 the Department may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Department may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.

003.02 Monitoring and Compliance

24-003.02A Systems required to monitor quarterly: To comply with 179 NAC 24 MCLs in 179 NAC 2-002.04E2a, a system must calculate LRAAs for TTHMs and HAA5 using monitoring results collected under 179 NAC 24 and determine that each LRAA does not exceed the MCL. If a system fails to complete four consecutive quarters of monitoring, it must calculate compliance with the MCL based on the average of the available data from the most recent four quarters. If a system takes more than one sample per quarter at a monitoring location, the system must average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.

24-003.02B Systems required to monitor yearly or less frequently: To determine compliance with 179 NAC 24 MCLs in 179 NAC 2-002.04E2a, a system must determine that each sample taken is less than the MCL. If any sample exceeds the MCL, the system must comply with the requirements of 179 NAC 24-008. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

003.03 Violation

A system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the system fails to monitor.

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