reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-003 - LICENSED OPERATOR REQUIRED

Current through June 17, 2024
A public water system must have a licensed operator. The
				  Department will issue a permit only to a public water system that has an
				  operator holding a license equal to or greater than the level of classification
				  of the water system.
003.01 The owner
				of a community or a non-transient non-community water system must place the
				direct supervision of their water system under the responsible charge of an
				operator(s) holding a valid license equal to or greater than the classification
				of the water system.
003.02 All
				operating personnel for community or non-transient non-community water systems
				that make process control or system integrity decisions about water quality or
				quantity that affect public health are required to hold a license of at least
				Grade IV.
003.03 For community and
				non-transient non-community water systems, a designated licensed operator must
				be available for each operating shift and must hold a license of at least Grade
				IV.
003.04 Two or more public water
				systems may share or utilize the services of a single licensed operator
				provided that the conditions in 179 NAC 10-003.04, items 1 to 4 are met. The
				Department will approve or disapprove each application for a shared operator
				(Attachment 1 which is incorporated herein by reference) based on the following
				conditions:
1. The shared operator must hold
				a license equal to or greater than the highest classification of the systems
				involved.
2. The systems are
				located so as to permit reasonable travel time between work areas with
				sufficient time remaining to perform necessary routine supervisory maintenance
				and operational activity for each system. As a guide, 40 miles is considered to
				be an acceptable distance.
3. Each
				system involved must develop a written plan to coordinate the activities
				required of the shared operator which must include a local person or persons
				for contact.
4. Companies or
				corporations established for the purpose of providing operational service to
				owners of public water systems must employ one or more persons holding a
				license appropriate to the highest classification of the systems
				served.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-004 - CLASSIFICATION OF SYSTEMS

Current through June 17, 2024
Public water systems are classified as follows. If a system
				  meets the qualifications for more than one classification, the highest
				  classification applies.
1. Class I -
				All community water systems and non-transient, non-community water systems
a. That use any treatment technology
				involving filtration to remove harmful materials from the raw water source or
				to improve the aesthetic quality of delivered water, and which serve a
				population in excess of 15,000 persons; and
b. All other community and non-transient
				non-community water systems that have a distribution system and that serve a
				population in excess of 50,000 persons.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-006 - CONTINUING COMPETENCY REQUIREMENTS

Current through June 17, 2024
On or before the credential expiration date, each licensed
				  operator must obtain acceptable Department approved continuing education
				  consistent with the licensure grade held. Except as otherwise provided in 179
				  NAC 10-007.04 and 10-007.05, the Department will not renew the credential of
				  any person who has not complied with these requirements. Each credentialed
				  individual is responsible for maintaining certificates or records of continuing
				  education activities.
006.01 Number of
				Hours Required at Renewal
Grade V licensees are exempt from the continuing education
				  and renewal requirements. All other licensed operators must obtain the number
				  of continuing education hours as follows:
1. The Department waives the continuing
				education requirement for initial licensees that obtain their initial license
				in odd-numbered years.
2. Licensees
				obtaining their initial license after [the effective date of these regulations]
				must have 5 hours of continuing education at their first renewal, if the
				license was obtained in an even-numbered year.
3. For licenses that expire on December 31,
				2011
a. Initial licensees who obtained their
				license in 2008 must have 15 hours of continuing education,
b. Initial licensees who obtained their
				license in 2009 must have 10 hours of continuing education.
c. Initial licensees who obtain their license
				in 2011 need no hours of continuing education,
d. Those licensees who renewed in 2009 must
				have 10 hours of continuing education,
e. Those licensees who renewed in 2010 must
				have 5 hours of continuing education.
4. After December 31, 2011, all licensees
				other than initial licensees covered by 179 NAC 10-006.01 item 2, must have 10
				hours of continuing education at the time of renewal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-009 - VOLUNTARY SURRENDER OR LIMITATION

Current through June 17, 2024
A credential holder may offer to voluntarily surrender or
				  limit a credential issued by the Department. The credential holder must make
				  the offer in writing on a form provided by the Department or constructed by the
				  credential holder, which must include the following information:
1. Personal Information:
a. First, middle and last name;
b. Mailing address (street, rural route, or
				post office address), city, state, and zip code;
c. Telephone number; and
d. Fax number.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-010 - REINSTATEMENT

Current through June 17, 2024
This section applies to individuals previously credentialed
				  in Nebraska who seek the authority to return to practice in Nebraska with a
				  valid Nebraska credential. To qualify for reinstatement, the applicant must
				  first meet the requirements for each renewal period. Individuals may apply for
				  reinstatement as follows:
1. An
				individual whose credential has expired, been placed on inactive status,
				voluntarily surrendered for an indefinite period of time, or suspended or
				limited for disciplinary reasons, may apply for reinstatement at any
				time.
2. An individual whose
				credential has been voluntarily surrendered for a definite period of time may
				apply for reinstatement after that period of time has elapsed.
3. An individual whose credential has been
				revoked may apply for reinstatement only after a period of two years has
				elapsed from the date of revocation.
4. An individual whose credential has been
				permanently voluntarily surrendered may not apply for reinstatement.
The voluntary surrender of a credential may be unrelated to
				  disciplinary matters, or may be done to resolve a pending disciplinary matter,
				  in lieu of disciplinary action, or in response to a notice of disciplinary
				  action.
010.01
				Reinstatement From Expired or Inactive Status or Following Voluntary Surrender
				Unrelated to a Disciplinary Matter
The applicant must submit to the Department a written
				  application on a form provided by the Department or constructed by the
				  applicant.
1.
Application
: The applicant must attest that all
				information in the application is truthful and complete, and the applicant, in
				his/her application:
a. Must provide the
				following information:
(1) The legal name of
				the applicant, maiden name (if applicable), and any other names by which the
				applicant is known;
(2) Mailing
				address (street, rural route, or post office address; and city, state, and zip
				code or country information);
(3)
				The applicant's
(a) Social Security Number
				(SSN); or
(b) Alien Registration
				Number (A#); or
(c) Form I-94
				(Arrival-Departure Record) number.
Certain applicants may have both a SSN and an A# or I-94
				  number, and if so, must report both.
(4) If the applicant holds a professional
				credential in another state, a list of the state(s) and type of
				credential;
(5) Telephone number
				including area code;
(6) Proof of
				meeting continuing competency requirements if Department records do not
				indicate the applicant has obtained the required hours at approved continuing
				competency programs;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-011 - ADMINISTRATIVE PENALTY

Current through June 17, 2024
The Department may assess an administrative penalty when
				  evidence exists of practice without a credential to practice as a licensed
				  operator. Practice as a licensed operator without a credential for the purpose
				  of this regulation means practice:
1.
				Prior to the issuance of a credential;
2. Following the expiration of a credential;
				or
3. Prior to the reinstatement of
				a credential.
011.01 Evidence of
				Practice
The Department will consider any of the following conditions
				  as prima facie evidence of practice without being credentialed:
1. The person admits to engaging in
				practice;
2. Staffing records or
				other reports from the employer of the person indicate that the person was
				engaged in practice;
3. Billing or
				payment records document the provision of service by the person;
4. Service records document the provision of
				service by the person;
5.
				Appointment records indicate that the person was engaged in practice;
6. The person opens a business and announces
				or advertises that the business is open to provide service; and
7. Evidence of Making Process Control Or
				System Integrity Decisions. The Department will consider any of the following
				conditions as prima facie evidence of making process control or system
				integrity decisions without a license:
a The
				person admits to making process control or system integrity
				decisions;
b. Staffing records or
				other reports from the employer of the person indicate that the person made
				process control or system integrity decisions; and
c. Government records indicate the person
				made process control or system integrity decisions.
For purposes of this regulation, prima facie evidence means a
				  fact presumed to be true unless disproved by some evidence to the
				  contrary.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-012 - FEES

Current through June 17, 2024
012.01 Schedule of
				Fees
1.
Initial Licensure
				Fee
: Each applicant must submit a fee of $115 except that a Grade
				V operator must submit a fee of $31.
2.
Correspondence Course
				Fee
: Each applicant must submit a fee of $80 with each application
				for a correspondence course conducted by the Department.
3.
Training Course
				Fee
: Each applicant must submit a fee of $40 for each day of a
				scheduled basic training course delivered by the Department with each
				application for enrollment in a course that terminates with a written
				examination qualifying the attendee to apply for a license.
4.
Examination Fees
:
				Each applicant must submit a fee of $50 with each request for individual
				examination without attendance at a scheduled basic training course delivered
				by or approved by the Department except that there is no charge for the Grade V
				examination.
5.
Renewal
				Fee
: A licensed water operator may renew for the fee of $115 for
				two years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Attachment 179-10-1 - APPLICATION TO SERVE AS A LICENSED OPERATOR FOR MORE THAN ONE NEBRASKA PUBLIC WATER SYSTEM

Current through June 17, 2024
The operator or water system taking on
				  responsibilities for more than one water system is required to notify the
				  Department by sending this form to the DHHS, Division of Public Health, P.O.
				  Box 95026, Lincoln, NE 68509-5026. When the agreement terminates, the operator
				  or water system is also required to notify the Department.
System 1 is the system with a current licensed
				  operator.
System 2 is the system requesting to share the licensed
				  operator of System 1.
Click here to
				  view
Click here to
				  view
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations set standards for lead in public water
				  system pipes, pipe fittings, solder, or flux after July 1, 1988. The authority
				  for these regulations is found in
Neb. Rev. Stat
.
				  §§
									71-5301
				  to
				  71-5313.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-002 - DEFINITIONS

Current through June 17, 2024
Director
means the Director of
				  Regulation and Licensure or his/her authorized representative.
Lead free
1. When used with respect to solders and
				flux, means solders and flux containing not more than 0.2 % lead and
2. When used with respect to pipe and pipe
				fittings, means pipe and pipe fittings containing not more than 8%
				lead.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-003 - SOLDER AND PIPES

Current through June 17, 2024
After July 1, 1988, any pipe, pipe fitting, solder, or flux
				  which is used in the installation or repair of any public water system must be
				  lead free.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-004 - ADOPTION OF CODE(S), ORDINANCES

Current through June 17, 2024
By July 1, 1988, the owner of any public water system must,
				  by the adoption of plumbing codes or ordinances, contract, or other enforceable
				  means, require that any pipe, pipe fitting, solder, or flux used in the
				  installation or repair of any residential or nonresidential facility which is
				  connected to the public water system be lead free.
004.01 The owner of any public water system
				must inspect the installation or repair of facilities as described in 179 NAC
				11-004 constructed or repaired after July 1, 1988 to determine compliance with
				179 NAC 11-004.
004.02 The owner of
				any public water system must cause any joint or pipe in facilities as described
				in 179 NAC 11-004 constructed or repaired after July 1, 1988, to be replaced if
				the owner or the Director finds that such joint or pipe is not lead
				free.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-005 - APPLICATION

Current through June 17, 2024
179 NAC 11 does not apply to the repair of leaded joints in
				  cast iron pipes in any public water systems that are in existence and use on
				  July 1, 1988.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 11 - LEAD BAN › Section 179-11-006 - EVIDENCE REQUIRED

Current through June 17, 2024
The owner of each public water system must, by January 1,
				  1989, submit to the Director a copy of the plumbing code, ordinances, contracts
				  other enforceable means required in 179 NAC
				  11-004.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Unless otherwise stated, these regulations apply to
				  community and non-transient, non-community public water systems. These
				  regulations establish a treatment technique that includes requirements for
				  corrosion control treatment, source water treatment, lead service line
				  replacement, and public education. The statutory authority is found in
Neb. Rev. Stat
. §§
									71-5301
				  to
				  71-5313.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-003 - GENERAL REQUIREMENTS

Current through June 17, 2024
12-003.01
Lead and Copper Action Levels
12-003.01A The lead action level is exceeded
				if the concentration of lead in more than 10% of tap water samples collected
				during any monitoring period conducted in accordance with 179 NAC 12-009 is
				greater than 0.015 mg/L (
i.e.
, if the "90th percentile" lead
				level is greater than 0.015 mg/L).
12-003.01B The copper action level is
				exceeded if the concentration of copper in more than 10% of tap water samples
				collected during any monitoring period conducted in accordance with 179 NAC
				12-009 is greater than 1.3 mg/L (
i.e.
, if the "90th
				percentile" copper level is greater than 1.3 mg/L).
12-003.01C The 90th percentile lead and
				copper levels is computed as follows:
1. The
				results of all lead or copper samples taken during a monitoring period are
				placed in ascending order from the sample with the lowest concentration to the
				sample with the highest concentration. Each sampling result is assigned a
				number, ascending by single integers beginning with the number one for the
				sample with the lowest contaminant level. The number assigned to the sample
				with the highest contaminant level must be equal to the total number of samples
				taken.
2. The number of samples
				taken during the monitoring period is multiplied by 0.9.
3. The contaminant concentration in the
				numbered sample yielded by the calculation in 179 NAC 12-003.01C item 2 is the
				90th percentile contaminant level.
4. Water systems which serve fewer than 100
				people and collect five samples per monitoring period must compute the 90th
				percentile by taking the average of the highest and second highest
				concentrations.
5. For a public
				water system that has been allowed by the Director to collect fewer than five
				samples in accordance with 179 NAC 12-009.03, the sample result with the
				highest concentration is considered the 90th
				percentile value.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-004 - APPLICABILITY OF CORROSION CONTROL TREATMENT STEPS

Current through June 17, 2024
004.01 Systems must
				complete the applicable corrosion control treatment requirements described in
				179 NAC
				12-005 by the deadlines established
				in 179 NAC 12-004.
12-004.01A A large system
				(serving more than 50,000 persons) must complete the corrosion control
				treatment steps specified in 179 NAC 12-004.04 unless it is deemed to have
				optimized corrosion control under 179 NAC 12-004.02B or 12-004.02C.
12-004.01B A small system (serving <=3300
				persons) and a medium-size system (serving >3,300 and <=50,000 persons)
				must complete the corrosion control treatment steps specified in 179 NAC
				12-004.05 unless it is deemed to have optimized corrosion control under 179 NAC
				12-004.02A,
				12-004.02B, or
				12-004.02C.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-005 - DESCRIPTION OF CORROSION CONTROL TREATMENT REQUIREMENTS

Current through June 17, 2024
Each system must complete the corrosion control treatment
				  requirements described below which are applicable to such system under 179 NAC
				  12-004.
005.01 System Recommendation Regarding
				Corrosion Control Treatment
Based upon the results of lead and copper tap monitoring and
				  water quality parameter monitoring, small and medium-size water systems
				  exceeding the lead or copper action level must recommend installation of one or
				  more of the corrosion control treatments listed in 179 NAC 12-005.03A which the
				  system believes constitutes optimal corrosion control for that system. The
				  Director may require the system to conduct additional water quality parameter
				  monitoring in accordance with 179 NAC 12-010.02 to assist the Director in
				  reviewing the system's recommendation.
005.02 Director Decision to Require Studies
				of Corrosion Control Treatment (Applicable to Small and Medium-Size Systems)
The Director may require any small or medium-size system that
				  exceeds the lead or copper action level to perform corrosion control studies
				  under 179 NAC 12-005.03 to identify optimal corrosion control treatment for the
				  system.
005.03 Performance
				of Corrosion Control Studies
12-005.03A Any
				public water system performing corrosion control studies must evaluate the
				effectiveness of each of the following treatments, and, if appropriate,
				combinations of the following treatments to identify the optimal corrosion
				control treatment for that system:
1.
				Alkalinity and pH adjustment;
2.
				Calcium hardness adjustment; and
3.
				The addition of a phosphate or silicate based corrosion inhibitor at a
				concentration sufficient to maintain an effective residual concentration in all
				test tap samples.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-006 - SOURCE WATER TREATMENT REQUIREMENTS

Current through June 17, 2024
Systems must complete the applicable source water monitoring
				  and treatment requirements (described in the referenced portions of 179 NAC
				  12-006.02,
				  12-009, and
				  12-011 ) by the following
				  deadlines.
006.01 Deadlines for
				Completing Source Water Treatment Steps
1.
Step 1
: A system exceeding the lead or copper action
				level must complete lead and copper source water monitoring (179 NAC 12-011.02
				) and make a treatment recommendation to the Director (179 NAC 12-006.02A )
				within six months after exceeding the lead or copper action level.
2.
Step 2
: The
				Director must make a determination regarding source water treatment (179 NAC
				12-006.02B )
				within six months after submission of monitoring results under step
				1.
3.
Step
				3
: If the Director requires installation of source water
				treatment, the system must install the treatment (179 NAC
				12-006.02C )
				within 24 months after completion of step 2.
4.
Step 4
: The
				system must complete follow-up tap water monitoring (179 NAC
				12-009.04B ) and
				source water monitoring (179 NAC 12-011.03 ) within 36 months after completion
				of step 2.
5.
Step
				5
: The Director will review the system's installation and
				operation of source water treatment and specify maximum permissible source
				water levels (179 NAC
				12-006.02D )
				within six months after completion of step 4.
6.
Step 6
: The
				system must operate in compliance with the maximum permissible lead and copper
				source water levels specified by the Director (179 NAC
				12-006.02D) and
				continue source water monitoring (179 NAC 12-011.04).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-010 - MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS

Current through June 17, 2024
All large systems, and all small and medium-size systems
				  that exceed the lead or copper action level must monitor water quality
				  parameters in addition to lead and copper in accordance with 179 NAC 12-010.
				  These monitoring requirements are summarized in the table at the end of 179 NAC
				  12-010.
010.01 General Requirements
12-010.01A
Sample Collection
				Methods
12-010.01A1 Tap samples
				must be representative of water quality throughout the distribution system
				taking into account the number of persons served, the different sources of
				water, the different treatment methods employed by the system, and seasonal
				variability. Tap sampling under 179 NAC 12-010 is not required to be conducted
				at taps targeted for lead and copper sampling under 179 NAC 12-009.01. [Note:
				Systems may find it convenient to conduct tap sampling for water quality
				parameters at sites used for coliform sampling.]
12-010.01A2 Samples collected at the entry
				point(s) to the distribution system must be from locations representative of
				each source after treatment. If a system draws water from more than one source
				and the sources are combined before distribution, the system must sample at an
				entry point to the distribution system during periods of normal operating
				conditions (
i.e.,
when water is representative of all sources
				being used).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-011 - MONITORING REQUIREMENTS FOR LEAD AND COPPER IN SOURCE WATER

Current through June 17, 2024
011.01 Sample
				Location, Collection Methods, and Number of Samples
12-011.01A A water system that fails to meet
				the lead or copper action level on the basis of tap samples collected in
				accordance with 179 NAC
				12-009 must collect lead and copper
				source water samples in accordance with the following requirements regarding
				sample location, number of samples, and collection methods:
1. Ground water systems must take a minimum
				of one sample at every entry point to the distribution system which is
				representative of each well after treatment (hereafter called a sampling
				point). The system must take one sample at the same sampling point unless
				conditions make another sampling point more representative of each source or
				treatment plant.
2. Surface water
				systems must take a minimum of one sample at every entry point to the
				distribution system after any application of treatment or in the distribution
				system at a point which is representative of each source after treatment
				(hereafter called a sampling point). The system must take each sample at the
				same sampling point unless conditions make another sampling point more
				representative of each source or treatment plant.
Note: For the purposes of 179 NAC
				  12-011.01A item
				  2, surface water systems include systems with a combination of surface and
				  ground sources.
3. If a
				system draws water from more than one source and the sources are combined
				before distribution, the system must sample at an entry point to the
				distribution system during periods of normal operating conditions
				(
i.e.,
when water is representative of all sources being
				used).
4. The Director may reduce
				the total number of samples which must be analyzed by allowing the use of
				compositing. Compositing of samples must be done by certified laboratory
				personnel. Composite samples from a maximum of five samples are allowed,
				provided that if the lead concentration in the composite sample is greater than
				or equal to 0.001 mg/L or the copper concentration is greater than or equal to
				0.160 mg/L, then either:
a. A follow-up sample
				must be taken and analyzed within 14 days at each sampling point included in
				the composite; or
b. If duplicates
				of or sufficient quantities from the original samples from each sampling point
				used in the composite are available, the system may use these instead of
				resampling.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-012 - ANALYTICAL METHODS

Current through June 17, 2024
012.01 Analyses for
				lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica,
				and temperature must be conducted with the methods found in 179 NAC
				3-005.11A.
12-012.01A Analyses for alkalinity, calcium,
				conductivity, orthophosphate, pH, silica, and temperature may be performed by
				any Grade IV, III, II or I certified water operator. Analyses under 179 NAC 12
				for lead and copper must only be conducted by the Health Department Laboratory
				or a laboratory which has entered into agreement with the Department pursuant
				to 179 NAC
				3-009. To obtain certification to
				conduct analyses for lead and copper, laboratories must:
1. Analyze performance evaluation samples
				which include lead and copper provided by EPA, the Department or by a third
				party (with the approval of the Department or EPA) at least once a year by each
				method for which the laboratory desires certification; and
2. Achieve quantitative acceptance limits as
				follows:
a.
For Lead
:
+
30% of the actual amount in the Performance
				Evaluation sample when the actual amount is greater than or equal to 0.005
				mg/L. The Practical Quantitation Level, or PQL for lead is 0.005
				mg/L.
b.
For
				Copper
:
+
10% of the actual amount in the
				Performance Evaluation sample when the actual amount is greater than or equal
				to 0.050 mg/L. The Practical Quantitation Level, or PQL for copper is 0.050
				mg/L;
3. Achieve the
				method detection limit (MDL) for lead of 0.001 mg/L according to the procedures
				in Appendix B of Part 136 of the Code of Federal Regulations, incorporated
				herein as Attachment 2. This need only be accomplished if the laboratory will
				be processing source water composite samples under 179 NAC
				12-011.01A item
				3.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-013 - REPORTING REQUIREMENTS

Current through June 17, 2024
All water systems must report all of the following
				  information to the Director in accordance with 179 NAC 12-013.
013.01 Reporting Requirements for Tap Water
				Monitoring for Lead and Copper and for Water Quality Parameter Monitoring
12-013.01A Except as provided in 179 NAC
				12-013.01A item 7, a water system must report the information specified below
				for all tap water samples specified in 179 NAC
				12-009 and for all water quality
				parameter samples specified in 179 NAC
				12-010 within the first ten days
				following the end of each applicable monitoring period specified in 179 NAC
				12-009 and
				12-010 (
i.e.,
every
				six months, annually, every three years, or every nine years).
1. The results of all tap samples for lead
				and copper including the location of each site and the criteria under 179 NAC
				12-009.01C,
				12-009.01D,
				12-009.01E,
				12-009.01F,
				and/or
				12-009.01G under
				which the site was selected for the system's sampling pool;
2. Documentation for each tap water lead or
				copper sample for which the water system requests invalidation pursuant to 179
				NAC
				12-009.06B;
3. The 90th percentile lead and copper
				concentrations measured from among all lead and copper tap water samples
				collected during each monitoring period (calculated in accordance with 179 NAC
				12-003.01C unless
				the Director calculates the system's 90th percentile
				lead and copper levels under 179 NAC 12-013.08 );
4. With the exception of initial tap
				sampling, the system must designate any site which was not sampled during
				previous monitoring periods, and include an explanation of why sampling sites
				have changed;
5. The results of all
				tap samples for pH, and where applicable, alkalinity, calcium, conductivity,
				temperature, and orthophosphate or silica collected under 179 NAC 12-010.02 to
				12-010.05;
6. The results of all
				samples collected at the entry point(s) to the distribution system for
				applicable water quality parameters under 179 NAC 12-010.02 to
				12-010.05;
7. A water system must
				report the results of all water quality parameter samples collected under 179
				NAC 12-010.03 through 12-010.06 during each six-month monitoring period
				specified in 179 NAC 12-010.04 within the first ten days following the end of
				the monitoring period unless the Director has specified a more frequent
				reporting requirement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 12 - CONTROL OF LEAD AND COPPER › Section 179-12-014 - RECORDKEEPING REQUIREMENTS

Current through June 17, 2024
Any system subject to the requirements of 179 NAC 12 must
				  retain on its premises original records of all sampling data and analyses,
				  reports, surveys, letters, evaluations, schedules, Director determinations, and
				  any other information required by 179 NAC
				  12-004 through
				  12-011. Each water system must retain
				  the records required by 179 NAC 12-014 for no fewer than 12
				  years.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Section 179-13-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish treatment technique requirements
				  in lieu of maximum contaminant levels for the following contaminants:
Giardia lamblia
, viruses, heterotrophic plate count bacteria,
Legionella
, and turbidity. The authority is found in
Neb. Rev. Stat
. §§
									71-5301
				  to
				  71-5313.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Section 179-13-003 - GENERAL REQUIREMENTS

Current through June 17, 2024
003.01 Each public
				water system with a surface water source or a ground water source under the
				direct influence of surface water must provide treatment of that source water
				that complies with these treatment technique requirements. The treatment
				technique requirements consist of installing and properly operating water
				treatment processes which reliably achieve: The treatment technique
				requirements consist of installing and properly operating water treatment
				processes which reliably achieve:
1. At least
				99.9% (3-log) removal and/or inactivation of
Giardia lamblia
cysts between a point where the raw water is not subject to
				recontamination by surface water runoff and a point downstream before or at the
				first customer, and
2. At least
				99.99% (4-log) removal and/or inactivation of viruses between a point where the
				raw water is not subject to recontamination by surface water runoff and a point
				downstream before or at the first customer.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Section 179-13-004 - CRITERIA FOR AVOIDING FILTRATION

Current through June 17, 2024
A public water system that uses a ground water source under
				  the direct influence of surface water must meet all of the conditions of 179
				  NAC 13-004.01 and 13-004.02 and is subject to 179 NAC 13-004.03 beginning 18
				  months after the Director determines that it is under the direct influence of
				  surface water. Within 18 months of the failure of a system using a ground water
				  source under the direct influence of surface water to meet any one of the
				  requirements of 179 NAC 13-004.01 to 13-004.06 the system owner must have
				  installed filtration and meet the criteria for filtered systems specified in
				  179 NAC
				  13-006.
004.01 Source Water Quality Conditions
13-004.01A The fecal coliform concentration
				must be equal to or less than 20 per 100 ml or the total coliform concentration
				must be equal to or less than 100 per 100 ml (measured by the Department
				Laboratory or an approved laboratory pursuant to 179 NAC
				3-009) in representative samples of
				the source water immediately prior to the first or only point of disinfection
				application in at least 90% of the measurements made for the six previous
				months that the system served water to the public on an ongoing basis. If a
				system measures both fecal and total coliforms, the fecal coliform criterion,
				but not the total coliform criterion, in this paragraph must be met.
13-004.01B The turbidity level cannot exceed
				5 NTU (measured as specified in 179 NAC
				13-007.01A and
				13-007.02B) in
				representative samples of the source water immediately prior to the first or
				only point of disinfectant application unless:
1. The Director determines that any such
				event was caused by circumstances that were unusual and unpredictable;
				and
2. As a result of any such
				event, there have not been more than two events in the past 12 months the
				system served water to the public, or more than five events in the past 120
				months the system served water to the public, in which the turbidity level
				exceeded 5 NTU. An "event" is a series of consecutive days during which at
				least one turbidity measurement each day exceeds 5 NTU.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Section 179-13-006 - FILTRATION

Current through June 17, 2024
A public water system that uses a surface water source must
				  provide treatment consisting of both disinfection, as specified in 179 NAC
				  13-005.02 and filtration treatment
				  which complies with the requirements of 179 NAC 13-006.01 to 13-006.04 by June
				  29, 1993. A public water system that uses a ground source which is under the
				  direct influence of surface water and does not meet all the criteria in 179 NAC
				  13-004 for avoiding filtration, must
				  provide treatment consisting of both disinfection, as specified in 179 NAC
				  13-005.02 and filtration which
				  complies with the requirements of 179 NAC 13-006.01 to 13-006.04 within 18
				  months of the failure to meet any one of the criteria for avoiding filtration
				  in 179 NAC
				  13-004. Failure to meet any
				  requirement of 179 NAC 13-006 is a treatment technique violation.
006.01 Conventional Filtration Treatment or
				Direct Filtration
13-006.01A For systems
				using conventional filtration or direct filtration, the turbidity level of
				representative samples of a system's filtered water must be less than or equal
				to 0.5 NTU in at least 95% of the measurements taken each month, measured as
				specified in 179 NAC
				13-007.01A and
				13-007.03A,
				except that if the Director determines that the system is capable of achieving
				at least 99.9% removal and/or inactivation of
Giardia lamblia
cysts at some turbidity level higher than 0.5 NTU in at least 95% of
				the measurements taken each month, the Director may substitute this higher
				turbidity limit for that system. However, in no case may the Director approve a
				turbidity limit that allows more than 1 NTU in more than 5% of the samples
				taken each month, measured as specified in 179 NAC
				13-007.01A and
				13-007.03A.
13-006.01B The turbidity level of
				representative samples of a system's filtered water must at no time exceed 5
				NTU, measured as specified in 179 NAC
				13-007.01A and
				13-007.03A.
13-006.01C Beginning January 1, 2002, systems
				serving at least 10,000 people must meet the turbidity requirements in 179 NAC
				17-006.01.
13-006.01D Beginning
				January 14, 2005, systems serving fewer than 10,000 people must meet the
				turbidity requirements in 179 NAC 19-009.01 through 19-009.04.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Section 179-13-007 - ANALYTICAL AND MONITORING REQUIREMENTS

Current through June 17, 2024
007.01 Analytical
				Requirements
Only the analytical method(s) specified in 179 NAC 13-007
				  can be used to demonstrate compliance with the requirements of 179 NAC
				  13-004,
				  13-005, and
				  13-006. Measurements for pH,
				  temperature, turbidity, and residual disinfectant concentrations must be
				  conducted by a Grade I, II, III, or IV operator or a person who has been
				  trained to take the samples. Attachment 4 (which is hereby incorporated by
				  reference), which states that the person taking the samples has been trained to
				  take them, must be completed, dated, and signed by the person doing the
				  training (a Grade I, II, III, or IV licensed water operator) as well as the
				  person trained. That form must be sent to the Department. Measurements for
				  total coliforms, fecal coliforms, and heterotrophic plate count (HPC) must be
				  conducted by the Department Laboratory or an approved laboratory as required in
				  179 NAC
				  3-009. Until laboratory certification
				  criteria are developed for the analysis of fecal coliforms and HPC, any
				  laboratory certified for total coliforms analysis by the Department or EPA is
				  deemed certified for fecal coliforms and HPC analysis.
13-007.01A Public water systems must conduct
				analysis of pH and temperature in accordance with one of the methods found in
				179 NAC
				3-005.11A. Public
				water systems must conduct analysis of total coliforms, fecal coliforms,
				heterotrophic bacteria, and turbidity in accordance with one of the analytical
				methods in
				40 CFR
				141.74(a)(1) or an
				equivalent method approved by EPA and by using analytical test procedures
				contained in
Technical Notes on Drinking Water Methods
,
				EPA-600/R- 94-173, October 1994, which is available at NTIS PB
				95-104766.
13-007.01B Public water
				systems must measure residual disinfectant concentrations with one of the
				analytical methods in
				40 CFR
				141.74(a)(2) or an
				equivalent method approved by EPA.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Attachment 179-13-1 - Minimum Detectable Residuals

Current through June 17, 2024
A. The following
				requirements establish the minimum allowable disinfectant residuals for each
				type of system.
1. For systems that are
				utilizing surface water sources, or sources determined to be groundwater under
				the direct influence of surface water, one of the following options must be
				implemented to meet the minimum residual requirements.
a.0.2 ppm residual for free chlorine or 0.5
				ppm for total chlorine or
b.0.1 ppm
				residual for free chlorine or 0.25 ppm for total chlorine provided the
				requirements in Section C items 1-5 of this attachment are met or
c. HPC of <500 cfu/ml.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 13 - SURFACE WATER TREATMENT › Attachment 179-13-2 - Protocol for the Determination of Influence of Surface Water on Ground Water Sources

Current through June 17, 2024
I.
Background:
The Surface Water Treatment Rule (SWTR)
				promulgated by EPA requires that treatment sufficient to produce a three-log (
				99.9%) reduction in
Giardia lamblia
cysts and a four-log (
				99.99%) reduction in viruses be provided for all surface water sources and all
				ground water sources under the direct influence of surface water. The basic
				criteria which determines direct influence of surface water on ground water
				sources, within the context of the SWTR, is the possibility of
Giardia
cysts being carried into the ground water by infiltrating surface
				water. The more recent Interim Enhanced Surface Water Treatment Rule (IESWTR)
				and Long Term 1 Enhanced Surface Water Treatment Rule (LT1) add the requirement
				for 2-log (99%) removal of
Cryptosporidium
oocysts for all
				surface water sources and all ground water sources under the direct influence
				of surface water.
II.
Obvious Surface Water Sources
: The Department has
				identified ponds, lakes, and streams as obvious sources of surface
				water.
III.
Protocol
				for Ground Water Under the Direct Influence of Surface Water
				Determination:
The definitive determination of the influence of
				surface water is to perform particulate analyses on water samples collected
				from public water sources.
A.
New
				Sources
: The following screening protocol will identify the
				sources for which particulate analysis will be necessary. Department personnel
				will examine information on file to determine if a source of water is
				potentially at risk to the direct influence of surface water. If any one of the
				following conditions is true, then the source of water is potentially at risk
				to the direct influence of surface water:
1.
				The source of water is a spring, horizontal/radial collector well, or an
				infiltration gallery;
2. The top of
				the uppermost intake structure of a well is less than or equal to 50 feet from
				the ground surface;
3. There is
				evidence of
E. coli
contamination of the discharge of the
				source;
4. The source of water is
				less than 200 feet from a source of surface water or the sloping margin of, or
				the ground bordering a stream that serves to confine the water to the natural
				channel during the normal course of flow. It is best marked where a distinct
				channel has been eroded in the valley floor, or where there is a cessation of
				land vegetation.
5. There are
				defects in the condition of the upper terminus (e.g., defective well seals,
				grouting, or other defects in the upper annulus);
6. There is inadequate information on file to
				assess whether the source of water meets one or more of the conditions in
				III.A.1 through III.A.4. In this case, owners of the public water system will
				be given the opportunity to provide the required information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 14 - CONSUMER CONFIDENCE REPORTS › Section 179-14-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This chapter establishes the minimum requirements for the
				  content of annual reports that community water systems must deliver to their
				  customers. These reports must contain information on the quality of the water
				  delivered by the systems and characterize the risks (if any) from exposure to
				  contaminants detected in the drinking water in an accurate and understandable
				  manner. The authority is found in
Neb. Rev. Stat
.
				  §§
									71-5301
				  to
				  71-5313.