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

Current through June 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.