Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 25 - LONG TERM 2 (LT2) ENHANCED SURFACE WATER TREATMENT
Section 179-25-018 - SOURCE TOOLBOX COMPONENTS

Universal Citation: 179 NE Admin Rules and Regs ch 25 ยง 018

Current through March 20, 2024

018.01 Watershed Control Program

Systems receive a 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of 179 NAC 25-018.

25-018.01A Systems that intend to apply for the watershed control program credit must notify the Department of this intent no later than two years prior to the treatment compliance date applicable to the system.

25-018.01B Systems must submit to the Department a proposed watershed control plan no later than one year before the applicable treatment compliance date. The Department must approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan must include the following elements:
1. Identification of an "area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under 179 NAC 25-018.01E item 2.

2. Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system's source water quality.

3. An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system's source water.

4. A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

25-018.01C Systems with existing watershed control programs (i.e., programs in place on January 5, 2006) are eligible to seek this credit. Their watershed control plans must meet the criteria in 179 NAC 25-018.01B and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

25-018.01D If the Department does not respond to a system regarding approval of a watershed control plan submitted under 179 NAC 25-018 and the system meets the other requirements of 179 NAC 25-018, the watershed control program will be considered approved and 0.5 log Cryptosporidium treatment credit will be awarded unless and until the Department subsequently withdraws such approval.

25-018.01E Systems must complete the following actions to maintain the 0.5-log credit:
1. Submit an annual watershed control program status report to the Department. The annual watershed control program status report must describe the system's implementation of the approved plan and assess the adequacy of the plan to meet its goals. It must explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the Department or as the result of the watershed survey conducted under 179 NAC 25-018.01E item 2. It must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the system must notify the Department prior to making any such changes. If any change is likely to reduce the level of source water protection, the system must also list in its notification the actions the system will take to mitigate this effect.

2. Undergo a watershed sanitary survey every three years for community water systems and every five years for non-community water systems and submit the survey report to the Department. The survey must be conducted according to Department guidelines and by persons the Department approves.
a. The watershed sanitary survey must meet the following criteria: encompass the region identified in the Department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

b. If the Department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems must undergo another watershed sanitary survey by a date the Department requires, which may be earlier than the regular date in 179 NAC 25-018.01E item 2.

3. The system must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Department may approve systems to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

25-018.01F If the Department determines that a system is not carrying out the approved watershed control plan, the Department may withdraw the watershed control program treatment credit.

018.02 Alternative Source

25-018.02A A system may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the Department approves, a system may determine its bin classification under 179 NAC 25-012 based on the alternative source monitoring results.

25-018.02B If systems conduct alternative source monitoring under 179 NAC 25-018.02A, systems must also monitor their current plant intake concurrently as described in 179 NAC 25-004.

25-018.02C Alternative source monitoring under 179 NAC 25-018.02A must meet the requirements for source monitoring to determine bin classification, as described in 179 NAC 25-004 through 25-009. Systems must report the alternative source monitoring results to the Department, along with supporting information documenting the operating conditions under which the samples were collected.

25-018.02D If a system determines its bin classification using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in 179 NAC 25-015.

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