Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 26 - REVISED TOTAL COLIFORM RULE
Section 179-26-010 - COLIFORM TREATMENT TECHNIQUE TRIGGERS AND ASSESSMENT REQUIREMENTS FOR PROTECTION AGAINST POTENTIAL FECAL CONTAMINATION
Universal Citation: 179 NE Admin Rules and Regs ch 26 ยง 010
Current through September 17, 2024
010.01 Treatment Technique Triggers
Systems must conduct assessments in accordance with 26-010.02 after exceeding treatment technique triggers in items 1 and 2 below.
1. Level 1 treatment technique triggers.
a. For systems taking 40 or more samples per
month, the system exceeds 5.0% total coliform-positive samples for the
month.
b. For systems taking fewer
than 40 samples per month, the system has two or more total coliform-positive
samples in the same month.
c. The
system fails to take every required repeat sample after any single total
coliform-positive sample.
2. Level 2 treatment technique triggers
a. An E. coli MCL violation,
as specified in 26-011.01.
b. A
second Level 1 trigger as defined in 26-010.01 item 1, within a rolling
12-month period, unless the Department has determined a likely reason that the
samples that caused the first Level 1 treatment technique trigger were total
coliform-positive and has established that the system has corrected the
problem.
c. For systems with
approved annual monitoring, a Level 1 trigger in two consecutive
years.
010.02 Requirements for Assessments
26-010.02A
Systems must ensure that Level 1 and 2 assessments are conducted in order to
identify the possible presence of sanitary defects and defects in distribution
system coliform monitoring practices. Level 2 assessments must be conducted by
parties approved by the Department.
26-010.02B When conducting assessments,
systems must ensure that the assessor evaluates minimum elements that include
review and identification of inadequacies in sample sites; sampling protocol;
sample processing; atypical events that could affect distributed water quality
or indicate that distributed water quality was impaired; changes in
distribution system maintenance and operation that could affect distributed
water quality (including water storage); source and treatment considerations
that bear on distributed water quality, where appropriate (e.g., small ground
water systems); and existing water quality monitoring data. The system must
conduct the assessment consistent with any Department directives that tailor
specific assessment elements with respect to the size and type of the system
and the size, type, and characteristics of the distribution system.
26-010.02C
Level 1
Assessments: A system must conduct a Level 1 assessment consistent
with Department requirements if the system exceeds one of the treatment
technique triggers in 26-010.01 item 1.
1.
The system must complete a Level 1 assessment as soon as practical after any
trigger in 26-010.01 item 1. In the completed assessment form, the system must
describe sanitary defects detected, corrective actions completed, and a
proposed timetable for any corrective actions not already completed. The
assessment form may also note that no sanitary defects were identified. The
system must submit the completed Level 1 assessment form to the Department
within 30 days after the system learns that it has exceeded a
trigger.
2. If the Department
reviews the completed Level 1 assessment and determines that the assessment is
not sufficient (including any proposed timetable for any corrective actions not
already completed), the Department will consult with the system. If the
Department requires revisions after consultation, the system must submit a
revised assessment form to the Department on an agreed-upon schedule not to
exceed 30 days from the date of the consultation.
3. Upon completion and submission of the
assessment form by the system, the Department must determine if the system has
identified a likely cause for the Level 1 trigger and, if so, establish that
the system has corrected the problem, or has included a schedule acceptable to
the Department for correcting the problem.
26-010.02D
Level 2
Assessments: A system must ensure that a Level 2 assessment
consistent with Department requirements is conducted if the system exceeds one
of the treatment technique triggers in 26-010.01 item 2. The system must comply
with any expedited actions or additional actions required by the Department in
the case of an E. coli MCL violation.
26-010.02D1 The system must ensure that a
Level 2 assessment is completed by the Department or by a party approved by the
Department as soon as practical after any trigger in 26-010.01 item 2. The
system must submit a completed Level 2 assessment form to the Department within
30 days after the system learns that it has exceeded a trigger. The assessment
form must describe sanitary defects detected, corrective actions completed, and
a proposed timetable for any corrective actions not already completed. The
assessment form may also note that no sanitary defects were
identified.
26-010.02D2 The system
may conduct Level 2 assessments if the system has staff or management with the
license or qualifications specified by the Department unless otherwise directed
by the Department.
26-010.02D3 If
the Department reviews the completed Level 2 assessment and determines that the
assessment is not sufficient (including any proposed timetable for any
corrective actions not already completed), the Department will consult with the
system. If the Department requires revisions after consultation, the system
must submit a revised assessment form to the Department on an agreed-upon
schedule not to exceed 30 days.
26-010.02D4 Upon completion and submission of
the assessment form by the system, the Department will determine if the system
has identified a likely cause for the Level 2 trigger and determine whether the
system has corrected the problem, or has included a schedule acceptable to the
Department for correcting the problem.
010.03 Corrective Action
Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under 26-010.02. For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the Department in consultation with the system. The system must notify the Department when each scheduled corrective action is completed.
010.04 Consultation
At any time during the assessment or corrective action phase, either the water system or the Department may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the Department on all relevant information that may impact on its ability to comply with a requirement of this chapter, including the method of accomplishment, an appropriate timeframe, and other relevant information.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
