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]

Current through June 17, 2024
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.