Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 8 - GROUND WATER RULE
Section 179-8-006 - TREATMENT TECHNIQUE REQUIREMENTS FOR GROUND WATER SYSTEMS
Universal Citation: 179 NE Admin Rules and Regs ch 8 ยง 006
Current through September 17, 2024
006.01 Ground Water Systems with Significant Deficiencies or Source Water Fecal Contamination
8-006.01A The treatment technique
requirements of 179 NAC 8-006 must be met by ground water systems when the
Department identifies a significant deficiency or when a ground water source
sample collected under 179 NAC
8-005.01C is fecal
indicator-positive.
8-006.01B If
directed by the Department, a ground water system with a ground water source
sample collected under 179 NAC
8-005.01B,
8-005.01D, or
8-005.02 that is fecal indicator-positive must comply with the treatment
technique requirements of 179 NAC 8-006.
8-006.01C When the Department identifies a
significant deficiency at a surface water or ground water under the direct
influence of surface water public water system that uses both ground water and
surface water or ground water under the direct influence of surface water, the
system must comply with provisions of this paragraph except in cases where the
Department determines that the significant deficiency is in a portion of the
distribution system that is served solely by surface water or ground water
under the direct influence of surface water.
8-006.01D Unless the Department directs the
ground water system to implement a specific corrective action, the ground water
system must consult with the Department regarding the appropriate corrective
action within 30 days of receiving written notice from the Department of a
significant deficiency, written notice from a laboratory that a ground water
source sample collected under 179 NAC
8-005.01C was
found to be fecal indicator-positive, or direction from the Department that a
fecal indicator-positive sample collected under 179 NAC
8-005.01B,
8-005.01D, or
8-005.02 requires corrective action. For the purposes of this chapter,
significant deficiencies include, but are not limited to, defects in design,
operation, or maintenance, or a failure or malfunction of the sources,
treatment, storage, or distribution system that the Department determines to be
causing, or have potential for causing, the introduction of contamination into
the water delivered to consumers.
8-006.01E Within 120 days (or earlier if
directed by the Department) of receiving written notification from the
Department of a significant deficiency, written notice from a laboratory that a
ground water source sample collected under 179 NAC
8-005.01C was
found to be fecal indicator-positive, or direction from the Department that a
fecal indicator-positive sample collected under 179 NAC
8-005.01B,
8-005.01D, or
8-005.02 requires corrective action, the ground water system must either:
1. Have completed corrective action in
accordance with applicable Department plan review processes or other Department
guidance or direction, if any, including Department-specified interim measures;
or
2. Be in compliance with a
Department-approved corrective action plan and schedule subject to the
following conditions:
a. Any subsequent
modifications to a Department-approved corrective action plan and schedule must
also be approved by the Department.
b. If the Department specifies interim
measures for protection of the public health pending Department approval of the
corrective action plan and schedule or pending completion of the corrective
action plan, the system must comply with these interim measures as well as with
any schedule specified by the Department.
8-006.01F
Corrective Action
Alternatives: Ground water systems that meet the conditions of 179
NAC 8-006.01A or
8-006.01B must
implement one or more of the following corrective action alternatives:
1. Correct all significant
deficiencies;
2. Provide an
alternate source of water;
3.
Eliminate the source of contamination; or
4. Provide treatment that reliably achieves
at least 4-log treatment of viruses (using inactivation, removal, or a
Department-approved combination of a 4-log virus inactivation and removal)
before or at the first customer for the ground water source.
8-006.01G
Special
Notice to the Public of Significant Deficiencies or Source Water Fecal
Contamination
8-006.01G1 In
addition to the applicable public notification requirements of 179 NAC
4-004, a community ground water system
that receives notice from the Department of a significant deficiency or
notification of a fecal indicator-positive ground water source sample that is
not invalidated by the Department under 179 NAC 8-005.04 must inform the public
served by the water system under 179 NAC
14-004.08A item 6
of the fecal indicator-positive source sample or of any significant deficiency
that has not been corrected. The system must continue to inform the public
annually until the significant deficiency is corrected or the fecal
contamination in the ground water source is determined by the Department to be
corrected under 179 NAC
8-006.01E.
8-006.01G2 In addition to the applicable
public notification requirements of 179 NAC
4-004, a non-community ground water
system that receives notice from the Department of a significant deficiency
must inform the public served by the water system in a manner approved by the
Department of any significant deficiency that has not been corrected within 12
months of being notified by the Department, or earlier if directed by the
Department. The system must continue to inform the public annually until the
significant deficiency is corrected. The information must include:
1. The nature of the significant deficiency
and the date the significant deficiency was identified by the
Department.
2. The
Department-approved plan and schedule for correction of the significant
deficiency, including interim measures, progress to date, and any interim
measures completed; and
3. For
systems that have a population with 5% or more non-English speaking consumers,
information in the appropriate language(s) regarding the importance of the
notice or a telephone number or address where consumers may contact the system
to obtain a translated copy of the notice or assistance in the appropriate
language.
8-006.01G3 If
directed by the Department, a non-community water system with significant
deficiencies that have been corrected must inform its customers of the
significant deficiencies, how the deficiencies were corrected, and the dates of
correction under 179 NAC
8-006.01G2.
006.02 Compliance Monitoring
8-006.02A
Existing
Ground Water Sources: A ground water system that is not required
to meet the source water monitoring requirements of this chapter for any ground
water source because it provides at least 4-log treatment of viruses (using
inactivation, removal, or a Department-approved combination of 4-log virus
inactivation and removal) before or at the first customer must conduct
compliance monitoring as required under 179 NAC 8-006.02C. If the system
discontinues 4-log treatment of viruses (using inactivation, removal, or a
Department-approved combination of 4-log virus inactivation and removal) before
or at the first customer for a ground water source, it must conduct ground
water source monitoring as required under 179 NAC
8-005.
8-006.02B
New Ground Water
Sources: A ground water system that places a ground water source
in service after December 22, 2012, that is not required to meet the source
water monitoring requirements of this chapter because the system provides at
least 4-log treatment of viruses (using inactivation, removal, or a
Department-approved combination of 4-log virus inactivation and removal) before
or at the first customer for the ground water source must comply with the
following requirements:
1. The system must
notify the Department in writing that it provides at least 4-log treatment of
viruses (using inactivation, removal, or a Department-approved combination of
4-log virus inactivation and removal) before or at the first customer for the
ground water source. Notification to the Department must include engineering,
operational, or other information that the Department requests to evaluate the
submission.
2. The system must
conduct compliance monitoring as required under 179 NAC
8-006.02C within
30 days of placing the source in service.
3. The system must conduct ground water
source monitoring under 179 NAC
8-005 if the system subsequently
discontinues 4-log treatment of viruses (using inactivation, removal, or a
Department-approved combination of 4-log virus inactivation and removal) before
or at the first customer for the ground water source.
8-006.02C
Monitoring
Requirements: A ground water system subject to the requirements of
179 NAC
8-006.01,
8-006.02A, or
8-006.02B must
monitor the effectiveness and reliability of treatment for that ground water
source before or at the first customer as follows:
1.
Chemical
Disinfection
a.
Ground water systems serving greater than 3,300
people: A ground water system that serves greater than 3,300
people must continuously monitor the residual disinfectant concentration using
analytical methods incorporated in 179 NAC
13-007.01B at a
location approved by the Department and must record the lowest residual
disinfectant concentration each day that water from the ground water source is
served to the public. The ground water system must maintain the
Department-determined residual disinfectant concentration every day the ground
water system serves water from the ground water source to the public. If there
is a failure in the continuous monitoring equipment, the ground water system
must conduct grab sampling every four hours until the continuous monitoring
equipment is returned to service. The system must resume continuous residual
disinfectant monitoring within 14 days.
b.
Ground water systems serving
3,300 or fewer people: A ground water system that serves 3,300 or
fewer people must monitor the residual disinfectant concentration using
analytical methods incorporated in 179 NAC
13-007.01B at a
location approved by the Department and record the residual disinfection
concentration each day that water from the ground water source is served to the
public. The ground water system must maintain the Department-determined
residual disinfectant concentration every day the ground water system serves
water from the ground water source to the public. The ground water system must
take a daily grab sample during the hour of peak flow or at another time
specified by the Department. If any daily grab sample measurement falls below
the Department-determined residual disinfectant concentration, the ground water
system must take follow-up samples every four hours until the residual
disinfectant concentration is restored to the Department-determined level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of 179 NAC
8-006.02C item
1.a.
2.
Membrane Filtration: A ground water system that uses
membrane filtration to meet the requirements of this chapter must monitor the
membrane filtration process in accordance with all Department-specified
monitoring requirements and must operate the membrane filtration in accordance
with all Department-specified compliance requirements. A ground water system
that uses membrane filtration is in compliance with the requirement to achieve
at least 4-log removal of viruses when:
a.
The membrane has an absolute molecular weight cut-off (MWCO), or an alternate
parameter that describes the exclusion characteristics of the membrane, that
can reliably achieve at least 4-log removal of viruses;
b. The membrane process is operated in
accordance with Department-specified compliance requirements; and
c. The integrity of the membrane is
intact.
3.
Alternative Treatment: A ground water system that uses
a Department-approved alternative treatment to meet the requirements of this
chapter by providing at least 4-log treatment of viruses (using inactivation,
removal, or a Department-approved combination of 4-log virus inactivation and
removal) before or at the first customer must:
a. Monitor the alternative treatment in
accordance with all Department - specified monitoring requirements;
and
b. Operate the alternative
treatment in accordance with all compliance requirements that the Department
determines to be necessary to achieve at least 4-log treatment of
viruses.
006.03 Discontinuing Treatment
A ground water system may discontinue 4-log treatment of viruses (using inactivation, removal, or a Department-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source if the Department determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring requirements of 179 NAC 8-005 and the analytical methods incorporated in 179 NAC 8-005.
006.04 Failure to meet the monitoring requirements of 179 NAC 8-006.02 is a monitoring violation and requires the ground water system to provide public notification under 179 NAC 4-006.
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