Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS
Appendix A - DRINKING WATER STANDARDS VIOLATIONS REQUIRING PUBLIC NOTICE [1]
|
Contaminant |
MCL/MRDL/TT violations2 Tier of public notice required |
Monitoring & testing procedure violations Tier of public notice required |
|
I. Violations of Drinking Water Standards3 |
||
|
A. Microbiological Contaminants |
||
|
1.a Total coliform bacteria* |
2 |
3 |
|
1.b Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations and reporting violations)** |
2 |
3 |
|
1.c Seasonal system failure to follow Department-approved start-up plan prior to serving water to the public or failure to provide certification to Department** |
2 |
-- |
|
2.a Fecal coliform/E. coli* |
1 |
41,3 |
|
2.b E. oli (MCL, monitoring, and reporting violations)** |
1 |
3 |
|
2.c E. coli (TT violations resulting from failure to perform level 2 assessments or corrective action)** |
2 |
-- |
|
3. Turbidity MCL |
2 |
3 |
|
4. Turbidity MCL (average of 2 days' samples >5 NTU) |
52,1 |
3 |
|
5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level) |
62,1 |
3 |
|
6. Surface Water Treatment Rule violations, other than violations resulting from a single exceedance of maximum allowable turbidity level (TT) |
2 |
3 |
|
7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from a single exceedance of maximum turbidity level (TT) |
72 |
3 |
|
8. Filter Backwash Recycling Rule (179 NAC 18) violations |
2 |
3 |
|
9. Long Term 1 Enhanced Surface Water Treatment Rule (179 NAC 19) violations |
2 |
3 |
|
10. Long Term 2 Enhanced Surface Water Treatment Rule (179 NAC 25) violations |
2 |
172,3 |
|
11. Ground Water Rule (179 NAC 8) violations |
2 |
3 |
|
B. Inorganic Chemicals (IOCs) |
||
|
1. Antimony |
2 |
3 |
|
2. Arsenic |
2 |
3 |
|
3. Asbestos (fibers>10 µm) |
2 |
3 |
|
4. Barium |
2 |
3 |
|
5. Beryllium |
2 |
3 |
|
6. Cadmium |
2 |
3 |
|
7. Chromium (total) |
2 |
3 |
|
8. Cyanide |
2 |
3 |
|
9. Fluoride |
2 |
3 |
|
10. Mercury (inorganic) |
2 |
3 |
|
11. Nitrate |
1 |
81, 3 |
|
12. Nitrite |
1 |
81, 3 |
|
13. Total Nitrate and Nitrite |
1 |
3 |
|
14. Selenium |
2 |
3 |
|
15. Thallium |
2 |
3 |
|
C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L) |
||
|
1. Lead and Copper Rule (TT) |
2 |
3 |
|
D. Synthetic Organic Chemicals (SOCs) |
||
|
1. 2,4-D |
2 |
3 |
|
2. 2,4,5-TP (Silvex) |
2 |
3 |
|
3. Alachlor |
2 |
3 |
|
4. Atrazine |
2 |
3 |
|
5. Benzo(a)pyrene (PAHs) |
2 |
3 |
|
6. Carbofuran |
2 |
3 |
|
7. Chlordane |
2 |
3 |
|
8. Dalapon |
2 |
3 |
|
9. Di (2-ethylhexyl) adipate |
2 |
3 |
|
10. Di (2-ethylhexyl) phthalate |
2 |
3 |
|
11. Dibromochloropropane |
2 |
3 |
|
12. Dinoseb |
2 |
3 |
|
13. Dioxin (2,3,7,8-TCDD) |
2 |
3 |
|
14. Diquat |
2 |
3 |
|
15. Endothall |
2 |
3 |
|
16. Endrin |
2 |
3 |
|
17. Ethylene dibromide |
2 |
3 |
|
18. Glyphosate |
2 |
3 |
|
19. Heptachlor |
2 |
3 |
|
20. Heptachlor epoxide |
2 |
3 |
|
21. Hexachlorobenzene |
2 |
3 |
|
22. Hexachlorocyclopentadiene |
2 |
3 |
|
23. Lindane |
2 |
3 |
|
24. Methoxychlor |
2 |
3 |
|
25. Oxamyl (Vydate) |
2 |
3 |
|
26. Pentachlorophenol |
2 |
3 |
|
27. Picloram |
2 |
3 |
|
28. Polychlorinated biphenyls (PCBs) |
2 |
3 |
|
29. Simazine |
2 |
3 |
|
30. Toxaphene |
2 |
3 |
|
E. Volatile Organic Chemicals (VOCs) |
||
|
1. Benzene |
2 |
3 |
|
2. Carbon tetrachloride |
2 |
3 |
|
3. Chlorobenzene (monochlorobenzene) |
2 |
3 |
|
4. o-Dichlorobenzene |
2 |
3 |
|
5. p-Dichlorobenzene |
2 |
3 |
|
6. 1,2-Dichloroethane |
2 |
3 |
|
7. 1,1-Dichloroethylene |
2 |
3 |
|
8. cis-1,2-Dichloroethylene |
2 |
3 |
|
9. trans-1,2-Dichloroethylene |
2 |
3 |
|
10. Dichloromethane |
2 |
3 |
|
11. 1,2-Dichloropropane |
2 |
3 |
|
12. Ethylbenzene |
2 |
3 |
|
13. Styrene |
2 |
3 |
|
14. Tetrachloroethylene |
2 |
3 |
|
15. Toluene |
2 |
3 |
|
16. 1,2,4-Trichlorobenzene |
2 |
3 |
|
17 1,1,1-Trichloroethane |
2 |
3 |
|
18. 1,1,2-Trichloroethane |
2 |
3 |
|
19. Trichloroethylene |
2 |
3 |
|
20. Vinyl chloride |
2 |
3 |
|
21. Xylenes (total) |
2 |
3 |
|
F. Radioactive Contaminants |
||
|
1. Beta/photon emitters |
2 |
3 |
|
2. Alpha emitters |
2 |
3 |
|
3. Combined radium (226 & 228) |
2 |
3 |
|
4. Uranium |
92 |
103 |
|
G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). The Director sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids 11 |
||
|
1. Total trihalomethanes (TTHMs) |
2 |
3 |
|
2. Haloacetic Acids (HAA5) |
2 |
3 |
|
3. Bromate |
2 |
3 |
|
4. Chlorite |
2 |
3 |
|
5. Chlorine (MRDL) |
2 |
3 |
|
6. Chloramine (MRDL) |
2 |
3 |
|
7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL |
2 |
122,3 |
|
8. Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL |
131 |
1 |
|
9. Control of DBP precursors - TOC (TT) |
2 |
3 |
|
10. Benchmarking and disinfection profiling |
N/A |
3 |
|
11. Development of monitoring plan |
N/A |
3 |
|
H. Other Treatment Techniques |
||
|
1. Acrylamide (TT) |
2 |
N/A |
|
2. Epichlorohydrin (TT) |
2 |
N/A |
|
II. Unregulated Contaminant Monitoring:14 |
||
|
A. Unregulated contaminants |
N/A |
3 |
|
B. Nickel |
N/A |
3 |
|
III. Public Notification for Variances and Exemptions: |
||
|
A. Operation under a variance or exemption |
3 |
N/A |
|
B. Violation of conditions of a variance or exemption |
2 |
N/A |
|
IV. Other Situations Requiring Public Notification: |
||
|
A. Fluoride secondary maximum contaminant level (SMCL) exceedance |
3 |
N/A |
|
B. Exceedance of nitrate MCL for non-community systems, as allowed by Director |
1 |
N/A |
|
C. Availability of unregulated contaminant |
3 |
N/A |
|
monitoring data |
||
|
D. Waterborne disease outbreak |
1 |
N/A |
|
E. Other waterborne emergency15 |
1 |
N/A |
|
F. Source Water Sample Positive for GWR Fecal Indicators: E. coli, enterococci, or coliphage |
1 |
N/A |
|
G. Other situations as determined by the Director |
161,2,3 |
N/A |
Appendix A - Endnotes
* Through March 31, 2016.
** Beginning April 1, 2016.
1 Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the Director. The Director may, at his/her option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Appendix, as authorized under 179 NAC 4-005.01 and 4-006.01.
2 MCL - Maximum contaminant level, MRDL - Maximum residual disinfectant level, TT - Treatment technique.
3 The term "Violations of Drinking Water Standards" is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
4 Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.
5 Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two consecutive days must consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a system does not make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.
6 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) are required to consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a system does not make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.
7 The Surface Water Treatment Rule (SWTR) (179 NAC 13) remains in effect for systems serving at least 10,000 individuals; the Interim Enhanced Surface Water Treatment Rule (179 NAC 17) adds additional requirements and does not in many cases supersede the SWTR.
8 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
9 The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water systems.
10 The uranium Tier 3 violation citations are effective December 8, 2003 for all community water systems.
11 Community and non-transient non-community water systems using surface water or ground water under the direct influence of surface water as a source and serving > 10,000 individuals must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community systems using surface water or ground water under the direct influence of surface water as a source and serving 10,000 or more individuals and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community systems serving fewer than 10,000 individuals and using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
12 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
13 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
14 Some water systems must monitor for certain unregulated contaminants.
15 Other waterborne emergencies require a Tier 1 public notice under 179 NAC 4-004.01 for situations that do not meet the definition of a waterborne disease outbreak given in 179 NAC 2-001.02 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
16 The Director may place other situations in any tier he/she believes appropriate, based on threat to public health
17. Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in 179 NAC 4-012. All other monitoring and testing procedure violations are Tier 3.
