Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-005 - TIER 2 PUBLIC NOTICE - FORM, MANNER, AND FREQUENCY OF NOTICE

Current through June 17, 2024
005.01 Violations
				or Situations Requiring a Tier 2 Public Notice
Table 4 lists the violation categories and other situations
				  requiring a Tier 2 public notice. Appendix A to 179 NAC 4 identifies the tier
				  assignment for each specific violation or situation.
TABLE 4 - VIOLATION CATEGORIES AND OTHER
				  SITUATIONS REQUIRING A TIER 2 PUBLIC NOTICE
1.
All violations of the MCL, MRDL, and treatment
								technique requirements, except where a Tier 1 notice is required under 179 NAC
								4-004 or where the Director determines
								that a Tier 1 notice is required;
2.
Violations of the monitoring and testing procedure
								requirements, where the Director determines that a Tier 2 rather than a Tier 3
								public notice is required, taking into account potential health impacts and
								persistence of the violation;
3.
Failure to comply with the terms and conditions of
								any variance or exemption in place; and
4.
Failure to take corrective action or failure to
								maintain 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 under 179 NAC 8-006.01.
005.02 When Tier 2 Public Notice Is To Be
				Provided
1. Public water systems must provide
				the public notice as soon as practical, but no later than 30 days after the
				system learns of the violation. If the public notice is posted, the notice must
				remain in place for as long as the violation or situation persists, but in no
				case for less than seven days, even if the violation or situation is resolved.
				The Director may, in appropriate circumstances, allow additional time for the
				initial notice of up to three months from the date the system learns of the
				violation. It is not appropriate for the Director to grant an extension to the
				30-day deadline for any unresolved violation or to allow across-the-board
				extensions by rule or policy for other violations or situations requiring a
				Tier 2 public notice. Extensions granted by the Director must be in
				writing.
2. The public water system
				must repeat the notice every three months as long as the violation or situation
				persists, unless the Director determines that appropriate circumstances warrant
				a different repeat notice frequency. In no circumstance may the repeat notice
				be given less frequently than once per year. It is not appropriate for the
				Director to allow less frequent repeat notice for an MCL or treatment technique
				violation under the Total Coliform Rule or 179 NAC 26 or a treatment technique
				violation under the Surface Water Treatment Rule or Interim Enhanced Surface
				Water Treatment Rule. It is also not appropriate for the Director to allow
				through his/her rules or policies across-the-board reductions in the repeat
				notice frequency for other ongoing violations requiring a Tier 2 repeat notice.
				Director determinations allowing repeat notices to be given less frequently
				than once every three months must be in writing.
3. For the turbidity violations specified in
				179 NAC 4-005.02 item 3, public water systems must consult with the Director as
				soon as practical but no later than 24 hours after the public water system
				learns of the violation, to determine whether a Tier 1 public notice under 179
				NAC 4-004.01 is required to protect public health. When consultation does not
				take place within the 24-hour period, the water system must distribute a Tier 1
				notice of the violation within the next 24 hours (i.e., no later than 48 hours
				after the system learns of the violation), following the requirements under 179
				NAC 4-004.02 and 4-004.03. Consultation with the Director is required for a
				violation of the SWTR (179 NAC 13), IESWTR (179 NAC 17) or LT1ESWTR (179 NAC
				19) treatment technique requirement resulting from a single exceedance of the
				maximum allowable turbidity limit.