Current through March 20, 2024
005.01 General
26-005.01A The provisions of this section
apply to non-community water systems using only ground water (except ground
water under the direct influence of surface water, as defined in 179 NAC
3-002) and serving 1,000 or fewer
people.
26-005.01B Following any
total coliform-positive sample taken under the provisions of this section,
systems must comply with the repeat monitoring requirements and E. Coli
analytical requirements in
26-009.
26-005.01C Once all monitoring required by
this section and
26-009 for a calendar month has been
completed, systems must determine whether any coliform treatment technique
triggers specified in
26-010 have been exceeded. If any
trigger has been exceeded, systems must compete assessments as required by
26-010.
26-005.01D For the purpose of determining
eligibility for remaining on or qualifying for quarterly monitoring under the
provisions of 26-005.06 item 4 and 26-005.07 item 2, respectively, for
transient non-community water systems, the Department may elect to not count
monitoring violations under
26-011.03A if the
missed sample is collected no later than the end of the monitoring period
following the monitoring period in which the sample was missed. The system must
collect the make-up sample in a different week than the routine sample for that
monitoring period and should collect the sample as soon as possible during the
monitoring period. The Department may not use this provision under 26-005.08.
This authority does not affect the provisions of
26-011.03A and
26-012.01D.
005.02 Monitoring Frequency for
Total Coliforms
Systems must monitor each calendar quarter that the system
provides water to the public, except for seasonal systems or as provided under
26-005.03 through 26-005.08 and 26-005.10. Seasonal systems must meet the
monitoring requirements of 26-005.09.
005.03 Transition to 179 NAC 26
26-005.03A Systems, including seasonal
systems, must continue to monitor according to the total coliform monitoring
schedules under 179 NAC
3-004 that were in effect on March 31,
2016, unless any of the conditions for increased monitoring in 26-005.06 are
triggered on or after April 1, 2016, or unless otherwise directed by the
Department.
26-005.03B Beginning
April 1, 2016, the Department will perform a special monitoring evaluation
during each sanitary survey to review the status of the system, including the
distribution system, to determine whether the system is on an appropriate
monitoring schedule. After the Department has performed the special monitoring
evaluation during each sanitary survey, the Department may modify the system's
monitoring schedule, as necessary, or it may allow the system to stay on its
existing monitoring schedule, consistent with the provisions of this section.
The Department may not allow systems to begin less frequent monitoring under
the special monitoring evaluation unless the system has already met the
applicable criteria for less frequent monitoring in this section. For seasonal
systems on quarterly or annual monitoring, this evaluation must include review
of the approved sample siting plan, which must designate the time period(s) for
monitoring based on site-specific considerations (e.g., during periods of
highest demand or highest vulnerability to contamination). The seasonal system
must collect compliance samples during these time periods.
005.04 Annual Site Visits
Beginning no later than calendar year 2017, systems on annual
monitoring, including seasonal systems, must have an initial and recurring
annual site visit by the Department that is equivalent to a Level 2 assessment
or an annual voluntary Level 2 assessment that meets the criteria in 26-010.02
to remain on annual monitoring. The periodic required sanitary survey may be
used to meet the requirement for an annual site visit for the year in which the
sanitary survey was completed.
005.05 Criteria for Annual Monitoring
Beginning April 1, 2016, the Department may reduce the
monitoring frequency for a well-operated ground water system from quarterly
routine monitoring to no less than annual monitoring, if the system
demonstrates that it meets the criteria for reduced monitoring in items 1
through 3 below, except for a system that has been on increased monitoring
under the provisions of 26-005.06. A system on increased monitoring under
26-005.06 must meet the provisions of 26-005.07 to go to quarterly monitoring
and must meet the provisions of 26-005.08 to go to annual monitoring.
1. The system has a clean compliance history
for a minimum of 12 months;
2. The
most recent sanitary survey shows that the system is free of sanitary defects
or has corrected all identified sanitary defects, has a protected water source,
and meets approved construction standards; and
3. The Department has conducted an annual
site visit within the last 12 months and the system has corrected all
identified sanitary defects. The system may substitute a Level 2 assessment
that meets the criteria in 26-010.02 for the Department annual site
visit.
005.06 Increased
Monitoring Requirements for Systems on Quarterly or Annual Monitoring
A system on quarterly or annual monitoring that experiences
any of the events identified in 26-005.06 items 1 through 4 must begin monthly
monitoring the month following the event. A system on annual monitoring that
experiences the event identified in item 5 below must begin quarterly
monitoring the quarter following the event. The system must continue monthly or
quarterly monitoring until the requirements in 26-005.07 for quarterly
monitoring or 26-005.08 for annual monitoring are met. A system on monthly
monitoring for reasons other than those identified in items 1 through 4 below
is not considered to be on increased monitoring for the purposes of 26-005.07
and 26-005.08.
1. The system triggers
a Level 2 assessment or two Level 1 assessments under the provisions of
26-010 in a rolling 12-month
period.
2. The system has an
E. coli MCL violation.
3. The system has a coliform treatment
technique violation.
4. The system
has two 179 NAC 26 monitoring violations or one 179 NAC 26 monitoring violation
and one Level 1 assessment under the provisions of
26-010 in a rolling 12-month period
for a system on quarterly monitoring.
5. The system has one 179 NAC 26 monitoring
violation for a system on annual monitoring.
005.07 Requirements for Returning to
Quarterly Monitoring
The Department may reduce the monitoring frequency for a
system on monthly monitoring triggered under 26-005.06 to quarterly monitoring
if the system meets the criteria in 26-005.07 items 1 and 2.
1. Within the last 12 months, the system must
have a completed sanitary survey or a site visit by the Department or a
voluntary Level 2 assessment by a party approved by the Department, be free of
sanitary defects, and have a protected water source; and
2. The system must have a clean compliance
history for a minimum of 12 months.
005.08 Requirements for Systems on Increased
Monitoring to Qualify for Annual Monitoring
The Department may reduce the monitoring frequency for a
system on increased monitoring under 26-005.06 if the system meets the criteria
in 26-005.07 plus the criteria in items 1 and 2 below.
1. An annual site visit by the Department and
correction of all identified sanitary defects. The system may substitute a
voluntary Level 2 assessment by a party approved by the Department for the
Department annual site visit in any given year.
2. The system must have in place or adopt one
or more additional enhancements to the water system barriers to contamination
in items a through e below.
a. Cross
connection control, as approved by the Department.
b. A water operator licensed by the
Department or regular visits by a Nebraska licensed water operator working as a
circuit rider.
c. Continuous
disinfection entering the distribution system and a residual in the
distribution system in accordance with criteria specified by the
Department.
d. Demonstration of
maintenance of at least a 4-log removal or inactivation of viruses as provided
for under 179 NAC
8-006.02C.
e. Other equivalent enhancements to water
system barriers as approved by the Department.
005.09 Seasonal Systems
26-005.09A Beginning April 1, 2016, all
seasonal systems must demonstrate completion of a Department-approved start-up
procedure, which may include a requirement for startup sampling prior to
serving water to the public.
26-005.09B A seasonal system must monitor
every month that it is in operation unless it meets the criteria in 26-005.09B
items 1 through 3 to be eligible for monitoring less frequently than monthly
beginning April 1, 2016, except as provided under 26-005.03.
1. Seasonal systems monitoring less
frequently than monthly must have an approved sample siting plan that
designates the time period for monitoring based on site-specific considerations
(e.g., during periods of highest demand or highest vulnerability to
contamination). Seasonal systems must collect compliance samples during this
time period.
2. To be eligible for
quarterly monitoring, the system must meet the criteria in 26-005.07.
3. To be eligible for annual monitoring, the
system must meet the criteria under 26-005.08.
26-005.09C The Department may exempt any
seasonal system from some or all of the requirements for seasonal systems if
the entire distribution system remains pressurized during the entire period
that the system is not operating, except that systems that monitor less
frequently than monthly must still monitor during the vulnerable period
designated by the Department.
005.10 Additional Routine Monitoring the
Month Following a Total Coliform-positive Sample
Systems collecting samples on a quarterly or annual frequency
must conduct additional routine monitoring the month following one or more
total coliform-positive samples (with or without a Level 1 treatment technique
trigger). Systems must collect at least three routine samples during the next
month, except that the Department may waive this requirement if the conditions
of
26-005.10A,
26-005.10B, or
26-005.10C are
met. Systems may either collect samples at regular time intervals throughout
the month or may collect all required routine samples on a single day if
samples are taken from different sites. Systems must use the results of
additional routine samples in coliform treatment technique trigger calculations
under 26-010.01.
26-005.10A The
Department may waive the requirement to collect three routine samples the next
month in which the system provides water to the public if the Department, or an
individual approved by the Department, performs a site visit before the end of
the next month in which the system provides water to the public. Although a
sanitary survey need not be performed, the site visit must be sufficiently
detailed to allow the Department to determine whether additional monitoring
and/or any corrective action is needed. The Department cannot approve an
employee of the system to perform this site visit, even if the employee is an
individual approved by the Department to perform sanitary surveys.
26-005.10B The Department may waive the
requirement to collect three routine samples the next month in which the system
provides water to the public if the Department has determined why the sample
was total coliform-positive and has established that the system has corrected
the problem or will correct the problem before the end of the next month in
which the system serves water to the public. In this case, the Department must
document this decision to waive the following month's additional monitoring
requirement in writing, have it approved and signed by the supervisor of the
Department official who recommends such a decision, and make this document
available to the EPA and public. The written documentation must describe the
specific cause of the total coliform-positive sample and what action the system
has taken and/or will take to correct this problem.
26-005.10C The Department may not waive the
requirement to collect three additional routine samples the next month in which
the system provides water to the public solely on the grounds that all repeat
samples are total coliform-negative. If the Department determines that the
system has corrected the contamination problem before the system takes the set
of repeat samples required in
26-009, and all repeat samples were
total coliform-negative, the Department may waive the requirement for
additional routine monitoring the next month.
