reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-018 - WORK PRACTICES TO BE FOLLOWED FOR PROJECTS IN TUNNELS AND CRAWL SPACES

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual responsible for an asbestos abatement project in a tunnel or crawl
				  space which is or will be directly accessible from an occupied area must comply
				  with the following:
(A) Establish
				general security and management work practices in accordance with 178 NAC
				22-010;
(B) Establish and manage a
				containment area in accordance with the work practices of 178 NAC 22-011. Such
				work practices require the use of plastic sheeting drop cloths on the floor
				immediately beneath the location where asbestos containing material is being
				actively removed. Such work practices will not include the requirement for
				performing final clearance air sampling as required by 178 NAC 22-011.05.
				Preclean all gross contamination and asbestos containing material debris on the
				floor of the tunnel or crawl space by wet cleaning methods and place directly
				into 6 mil thick asbestos containing material waste disposal bags in accordance
				with 178 NAC 22-020 before starting removal;
(C) Remove asbestos containing material wet
				in accordance with 178 NAC 22-012. Place all asbestos containing material and
				visible debris and residue removed from surfaces during the project directly
				into 6 mil thick asbestos containing material waste disposal bags in accordance
				with 178 NAC 22-020; and
(D) At the
				conclusion of the project, the licensed or waivered business entity or licensed
				individual responsible for the project must have a third party who is licensed
				by the Department as a supervisor, inspector, management planner, project
				monitor, or project designer, and who is independent of the contractor and
				selected by the owner or operator of the structure on or in which the asbestos
				project is conducted examine the work area to determine whether asbestos
				containing material debris has been removed.
(i) The individual who examined the tunnel
				must provide within seven days, a written report to both the contractor and the
				Department setting forth their findings along with their name, address and
				license number.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-020 - ASBESTOS WASTE DISPOSAL

Current through June 17, 2024
The licensed or waivered business entity or licensed
				  individual will handle all asbestos containing material waste in accordance
				  with the requirements of 129 NAC 23, Nebraska Department of Environment and
				  Energy Hazardous Air Pollutants: Emission Standards.
020.01
PROCEDURES.
The business entity or individual performing an asbestos project must:
(A) Maintain all asbestos containing material
				solid waste in a wet condition and immediately place in tightly sealed
				containers;
(i) Use clear plastic bags not
				less than 6 mil thick for waste containers unless the waste contains rigid or
				heavy objects likely to tear the bags. Use clear plastic bags only
				once;
(ii) If bag damage is likely
				to occur, place the waste in fiber or metal containers lined with plastic bags
				not less than 6 mil thick and having tight-fitting lids which can be fastened
				firmly in position;
(iii) For large
				sections of structural materials, such as pipe or duct work, that have been
				removed with asbestos containing material left in place and that cannot be
				placed in containers, tightly wrap the sections in two layers of clean plastic
				sheeting not less than 6 mil thick for disposal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 22 - ASBESTOS PROJECTS › Section 178-22-021 - WAIVER OF PRESCRIBED WORK PRACTICES AND APPROVAL OF ALTERNATIVE WORK PRACTICES

Current through June 17, 2024
The Department may waive any of the specific requirements
				  established by 178 NAC 22-010 through 22-020 and 22-022 and approve an
				  alternative work practice.
021.01
WAIVER REQUIREMENTS.
Waivers must meet the following
				requirements:
(A) A waiver may be requested
				for an individual asbestos project by attaching a completed waiver application
				according to 178 NAC 22-007.01(B) and the information required in 178 NAC
				22-007.01(A) for an asbestos project notification.
(B) A waiver may be requested for an
				individual asbestos project by the project designer or by the owner or operator
				of the structure in which the asbestos project is planned prior to the
				selection of a licensed business entity to conduct the asbestos project by
				completion of waiver including the requirements of 178 NAC 22-007.01(B) and
				submission of that form with such other information as the Department deems
				necessary to evaluate the request. A copy of all waivers granted under 178 NAC
				22-021 must be submitted with the project notification for the project to which
				it applies.
(C) A waiver may be
				requested for approval of an alternative work practice on a continuing basis
				for a business entity or individual, or for a particular facility belonging to
				that business entity or individual, by submitting a completed waiver according
				to 178 NAC 22-007.01(B).
(D) A
				waiver may be requested for approval of an exception to a specific worker
				protection requirement on a case-by-case basis if a business entity submits a
				written description of the alternative procedure and demonstrates to the
				Department's satisfaction that the proposed alternative procedure provides
				equivalent protection to the health, safety, and welfare of all classes of
				asbestos occupations and the general public. Any such request must be submitted
				by completing a waiver according to 178 NAC 22-007.01(B).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the professions and occupations,
				  businesses, training courses, and standards for lead-based paint activities
				  under the Residential Lead-based Paint Professions Practice Act Nebraska
				  Revised Statutes (Neb. Rev. Stat.) §§ 716318 to
				  71-6331.01 and the Uniform
				  Credentialing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Residential Lead-Based Paint
				  Professions Certification Act, the Uniform Credentia.
002.01
CLEARANCE
				EXAMINATION.
An activity conducted following lead-based paint
				hazard reduction activities to determine that the hazard reduction activities
				are complete and that no soil-lead hazards or surface dust-lead hazards, as
				defined in this part, exist in the dwelling unit or worksite. The clearance
				process includes a visual assessment and collection and analysis of
				environmental samples.
002.02
CLEARANCE LEVELS.
The maximum allowable concentrations
				of lead on environmental surfaces.
002.03
COMPLETE
				APPLICATION.
An application which contains all of the requested
				information, with attestation to its truth and completeness, signatures of the
				applicant(s), submitted with all required fees and documentation.
002.04
COURSE TEST
				BLUEPRINT.
A written document identifying the proportion of the
				course test questions devoted to each major topic in the course
				curriculum.
002.05
SUCCESSFULLY PASS.
Answering correctly at least
				seventy percent of the questions on either the license examination or the end
				of course examination.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-003 - ACCREDITATION OF TRAINING PROVIDERS, TRAINING PROGRAMS AND REVIEW COURSES

Current through June 17, 2024
A training provider must not provide, offer, or claim to
				  provide lead-based paint professions training programs or review courses
				  without applying for and receiving accreditation from the Department.
003.01
REQUIREMENTS FOR
				ACCREDITATION.
An applicant must meet the following:
(A) Have a training program manager with
				demonstrated experience, education, or training in the construction industry
				including lead or asbestos abatement, painting, carpentry, renovation,
				remodeling, occupational safety and health, or industrial hygiene and one of
				the following:
(i) At least two years of
				experience, education, or training in teaching workers or adults; or
(ii) A bachelor's or graduate degree in
				building construction technology, engineering, industrial hygiene, safety,
				public health, education, business administration or provider management or a
				related field; or
(iii) Two years
				of experience in managing a training provider specializing in environmental
				hazards;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-004 - LICENSURE OF INDIVIDUALS

Current through June 17, 2024
An individual may not engage in lead-based paint activities
				  unless the individual holds a license issued by the Department. To obtain a
				  license, an applicant must submit a complete application provided by the
				  Department and provide documentation demonstrating that the applicant meets
				  licensing requirements set out in statute, 172 NAC 10, and this chapter. All
				  applicants must have successfully completed an accredited initial training
				  program for the credential requested. Applicants for all credentials except
				  project designer, visual lead hazard advisor, and elevated blood lead level
				  inspector, must have been examined within the preceding 12 months and be
				  capable of working while wearing a respirator. An applicant for a license as a
				  supervisor, risk assessor or inspector must successfully pass a Department
				  approved or administered licensure examination. An applicant for a license as a
				  risk assessor or elevated blood lead level inspector must have successfully
				  completed an accredited initial training program for lead inspector and lead
				  risk assessor. An applicant applying based on training obtained in another
				  jurisdiction must have successfully completed an accredited initial training
				  program for the license requested and all accredited review training courses
				  since initial licensing in the other jurisdiction.
004.01
INITIAL
				LICENSE.
Applicants must submit the following:
(A) The original of a certificate showing
				successful completion of an accredited initial training program for the
				credential requested. An applicant applying based on training received in
				another jurisdiction must submit the original of a certificate from the
				jurisdiction or the Environmental Protection Agency showing successful
				completion of an accredited initial training and all subsequent review training
				programs successfully completed since the initial training;
(B) Documentation of having been examined by
				a physician within the preceding 12 months and declared by the physician
				capable of working while wearing a respirator, as applicable; and
(C) Documentation of successfully passing the
				licensure examination approved or administered by the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-005 - INITIAL LICENSE OF FIRMS

Current through June 17, 2024
Applicants must submit the following: A firm may not engage
				  in lead-based paint activities unless the firm holds a license issued by the
				  Department. To obtain a license, an applicant must submit a complete
				  application provided by the Department and provide documentation demonstrating
				  that the applicant meets licensing requirements set out in statute and this
				  chapter. An applicant for a license to operate a lead abatement firm must own
				  or have immediate access to the equipment described in the Housing and Urban
				  Development Guidelines for the Evaluation and Control of Lead Based Paint
				  Hazards in Housing 2012 edition, maintain the equipment in operable condition,
				  have a minimum of one employee licensed as a Nebraska Lead Supervisor or
				  contract with a Nebraska licensed Lead Supervisor. An applicant for a license
				  to operate a consulting firm to provide consultation on lead abatement
				  activities must have a minimum of one employee licensed as a Nebraska Lead Risk
				  Assessor or have a contract with a Nebraska licensed Lead Risk Assessor.
005.01
APPLICATION FOR FIRM
				LICENSURE.
Applicants must submit a complete application for
				licensure and a copy of all citations and disciplinary actions issued against
				the firm within the past ten years by any federal, state, or local government
				agency for violations related to lead abatement projects, including the names
				and locations of the projects, the dates, and a description of how the
				allegations were resolved.
005.02
RENEWAL.
A license is valid for one year from the date
				of issuance. To renew a license, an applicant must submit a complete
				application provided by the Department as required in section 005 and provide
				documentation of any updated information that may have changed from the
				previous application.
005.03
INCOMPLETE APPLICATION.
If the Department determines
				that an application is incomplete, the Department will notify the firm of the
				information necessary to complete the application and retain the application
				submitted pending receipt of such additional information. The Department will
				either approve or disapprove the firm's certification within 30 business days
				of receipt of a complete application.
005.04
RETURNED
				APPLICATION.
The Department will return to a firm whose
				application for a license is rejected the amount of $100. The other $100 will
				be retained by the Department for an administrative fee of $100. Application
				for licensed firm will be rejected if after 15 business days from notification
				of any missing information if the missing information is not received, or if
				the firm does not meet the qualifications for license.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-007 - PROJECT REVIEWS, INSPECTIONS, AND RECORDS

Current through June 17, 2024
All licensed individuals and firms must comply with the
				  following:
007.01
PROJECT
				NOTIFICATION.
Before initiating any lead abatement project, a
				licensed firm, must submit to the Department a written project notification.
007.01(A)
NOTIFICATION
				REQUIREMENTS.
The Department must be notified at least ten days
				before the start of a project. The notice must include:
(i) The name, address, and telephone number
				of the licensed firm that will carry out the lead abatement project;
(ii) The name, address, and telephone number
				of the owner of the structure on which the lead abatement project is to be
				carried out;
(iii) The building
				number and street address of the project site, and if either is unavailable,
				directions to the project;
(iv) All
				locations within the building where the lead abatement project will be carried
				out;
(v) The type of lead abatement
				project proposed;
(vi) The date
				when the licensed firm will start the lead abatement project and date when the
				project will be finished;
(vii) For
				a lead abatement project around or within residential property or a
				child-occupied facility, the names and ages of all persons dwelling in the
				residential property or occupying the facility;
(viii) The volume or square footage of
				surface of lead to be abated; and
(ix) The person authorized to make binding
				legal agreements on behalf of the firm must sign the notification and send it
				to the Department by certified mail, return receipt requested, or hand-deliver
				it the original of the notification to Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-008 - SCHEDULE OF FEES

Current through June 17, 2024
The following fees have been set by the Department:
(A) The initial and renewal license fee for
				individuals is listed below:
(i) Worker
				$102;
(ii) Supervisor
				$202;
(iii) Inspector
				$202;
(iv) Project Designer
				$202;
(v) Risk Assessor $202;
				and
(vi) An applicant for
				reinstatement must pay the renewal license fee and a reinstatement fee of
				$35;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 23 - LEAD BASED PAINT ACTIVITIES › Section 178-23-009 - COPIES

Current through June 17, 2024
Copies of all documents, guidelines, and similar items
				  referenced in this chapter are available and may be inspected at the Division
				  of Public Health of the Department of Health and Human Services, 301 Centennial
				  Mall South, Lincoln, Nebraska 68509 or on the Department's
				  website.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish procedures that a property owner
				  must follow in the decontamination of methamphetamine contaminated property.
				  Authority for these regulations is found in Nebraska Revised Statute (Neb. Rev.
				  Stat.) §§
									71-2432 to
				  71-2435.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-003 - LOCAL PUBLIC HEALTH DEPARTMENT

Current through June 17, 2024
The local health department must:
003.01
NOTIFICATION.
: Notify and provide the property owner
				with a copy of these regulations to ensure that proper posting and restrictions
				to the property are in place as soon as possible.
003.02
MONITORING
				SITES.
Monitor the property to ensure all openings to the site are
				posted with warning signs until the property has been properly decontaminated
				and released for human habitation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-004 - SITE PREPARATION FOR DECONTAMINATION

Current through June 17, 2024
The contaminated property must be prepared for
				  decontamination as follows:
(A) The
				local public health department must provide appropriate warning signs to the
				property owner, and ensure that the warning signs are posted prominently at all
				points of entry into the site;
(B)
				The signs must state that the property has been contaminated with hazardous
				materials;
(C) Warning signs must
				remain in place until the local public health department has released the
				property for human habitation;
(D)
				Access to the site must be restricted by the property owner to only those
				individuals directly responsible for implementing the decontamination
				procedures;
(E) The air
				distribution system must be isolated between the decontamination area and other
				residential units, if applicable, to ensure airborne contamination cannot be
				carried into other areas. The decontamination area may include one or more
				units or the entire complex;
(F)
				Openings, such as doors, must be sealed off between the decontamination area
				and other areas that have not been contaminated using polyethylene sheeting
				with a minimum thickness of 4-mil (0.004 inch) to provide a moisture and vapor
				barrier;
(G) The structure must be
				aired out for a minimum of 72 hours before beginning decontamination. The
				building's windows must be opened and exhaust fans must be used to move air out
				of the structure. The structure must remain secure from unauthorized entry
				during this process; and
(H) A
				visual inspection of the contaminated property must be completed to determine
				the specific locations where clandestine laboratory chemicals were
				manufactured, stored, or disposed of. The results of the visual inspection must
				be documented and include a description of:
(i) Hazardous chemicals or chemical storage
				tanks, or both that are present at the site;
(ii) The air distribution system;
(iii) The ventilation system or
				systems;
(iv) The water supply
				system, if a private well is present;
(v) The plumbing and septic system;
(vi) Stained porous surfaces;
(vii) Burn pits or trash piles; and
(viii) Areas of suspected soil
				contamination.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-005 - REQUIREMENTS DURING THE PERFORMANCE OF THE SITE DECONTAMINATION

Current through June 17, 2024
The property owner or the decontamination consultant
				  must:
(A) Obtain written approval of
				the decontamination work plan from the local public health department. The
				property owner or decontamination consultant must follow and meet the
				timeframes for completion as set forth in the approved work plan;
(B) Restrict access of the contaminated
				property to only those individuals directly involved in implementing and
				monitoring the decontamination activities.
(C) Notify and make aware all individuals
				directly involved in implementing and monitoring the decontamination activities
				of the health hazards at the contaminated property and follow the approved
				health and safety procedures;
(D)
				Require each individual who enters the contaminated property to sign
				in;
(E) Maintain sign-in sheets for
				the duration of the decontamination project and make them available to the
				local public health department when requested;
(F) Require all individuals who enter the
				work area to use personal protective equipment providing Level C protection.
				Personal protective equipment must be worn to prevent or minimize ingestion,
				inhalation, and other routes of contact exposure with contaminants;
(G) Require all individuals, before leaving
				the work area to:
(i) Remove all disposable
				outer clothing;
(ii) Place clothing
				in a plastic bag; and
(iii)
				Properly dispose of them.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-006 - SITE DECONTAMINATION

Current through June 17, 2024
A property owner who performs site decontamination must
				  contact the local public health department to ensure all applicable local,
				  state, and federal regulations are complied with in the decontamination
				  process.
006.01
PHASE 1 -
				REMOVAL OF ITEMS FOR DISPOSAL.
In order to remove items for
				disposal, the property owner or a decontamination consultant must:
(A) Complete a thorough assessment of the
				property for sharps. Care must be taken to identify sharps that are hidden or
				stored in obscure places that pose a hazard to decontamination workers. Sharps
				must not be handled directly. Tongs or pliers must be used to pick up sharps.
				Sharps must be placed in a labeled puncture-proof container and sealed for
				proper disposal;
(B) Remove all
				household chemical products. Some materials require special handling and
				disposal. The local public health department and the Nebraska Department of
				Environment and Energy must be contacted for guidance on identifying, handling,
				and disposal of these substances;
(C) Remove and dispose of all general site
				debris;
(D) Remove and dispose of
				all items that cannot be properly decontaminated. These items include but are
				not limited to:
(i) Window mounted air
				conditioning units;
(ii) Ceiling
				fans; and
(iii) Drop in or acoustic
				ceiling tiles;
(E) Remove
				and dispose of all fabric items from the cooking area. No attempt must be made
				to remove stains from porous fabric items or other items that can be easily
				disposed of.
(F) Place debris,
				fabric items from the cooking area, and items that cannot be properly
				decontaminated, as listed in this chapter, in a container. The container must
				not be accessible to the public when placed outside of the structure. Dumpsters
				must be covered and locked while awaiting disposal; and
(G) Disconnect electricity to the
				contaminated area, if possible. All electrical outlets and light fixtures must
				be covered to prevent exposure to water during cleaning.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-007 - CONFIRMATION SAMPLING

Current through June 17, 2024
A decontamination consultant must collect confirmation
				  samples for analysis after completion of the decontamination procedures.
				  Samples collected for offsite quantitative laboratory analysis, versus onsite
				  semi-quantitative immunoassay, must be analyzed using United States
				  Environmental Protection Agency modified method #8270. This document is
				  available for viewing at the Department of Health and Human Services, Division
				  of Public Health, Environmental Health, 301 Centennial Mall South, Lincoln,
				  Nebraska 68509. Confirmation sampling is required to ensure that concentrations
				  of the chemicals of potential versus concern are not present at the site above
				  the standards required in 178 NAC 24-009. If the standards are not achieved,
				  the property owner or a decontamination consultant must perform additional
				  decontamination until these standards are met.
007.01
PROCEDURES.
Confirmation sampling procedures are as follows.
(A) All sample locations must be
				photographed;
(B) Samples must be
				collected from all areas identified in this section following the sampling
				procedures outlined in this section;
(C) All samples must be collected by strict
				adherence to the sample kit or laboratory instructions;
(D) At a minimum, one sample media blank,
				treated in the same fashion but without wiping, must be submitted for every ten
				samples collected;
(E) All samples
				must be obtained, handled, and preserved under a chain of custody (COC)
				procedure;
(F) All samples must be
				labeled with the:
(i) Site address;
(ii) Sample location;
(iii) Sample number;
(iv) Date and time of collection;
				and
(v) Name of sample collector;
				and
(G) All samples must
				be analyzed for methamphetamine.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-008 - REPORTING

Current through June 17, 2024
This section addresses the requirements for reporting the
				  confirmation sampling results and releasing the property.
008.01
RELEASING THE
				PROPERTY.
The decontamination consultant must submit the
				confirmation sampling results to the local public health department. If the
				results do not indicate the levels of contaminants have been reduced to meet
				the standards, the decontamination process must be repeated and samples taken
				in those rooms or areas of concern. The local health department must write a
				letter to the property owner, releasing the property, if the test results meet
				the standards outlined in these regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 24 - METHAMPHETAMINE CLEANUP › Section 178-24-009 - DECONTAMINATION STANDARDS

Current through June 17, 2024
The standards listed below must be met before the local
				  health department can release the property for human habitation and commercial
				  or other use.
Method
Chemical
Sample Type
Decontamination Standard
Phenyl-2-propanone (P2P)
Lead (total)1
Surface Area Wipe
Less than or equal to
							 40µg/ft2
Mercury2
Air
Less than or equal to 300
							 ng/m3
Methamphetamine3
Surface Area Wipe
Less than or equal to
							 1.5µg/100cm2
Total Volatile Organic
							 Compounds4
Air*
Less than or equal to 1 ppm
Ephedrine/ Pseudoephedrine Reduction
Methamphetamine3
Surface Area Wipe
Less than or equal to
							 1.5µg/100cm2
Total Volatile Organic
							 Compounds4
Air*
Less than or equal to 1 ppm
Unknown
Lead (total)1
Surface Area Wipe
Less than or equal to
							 40µg/ft2
Mercury2
Air
Less than or equal to 300
							 ng/m3
Methamphetamine3
Surface Area Wipe
Less than or equal to
							 1.5µg/100cm2
Total Volatile Organic
							 Compounds4
Air*
Less than or equal to 1 ppm
1 Units in micrograms of lead per
				  square foot
2 Units in nanograms of mercury
				  per cubic meter of air
3 Units in micrograms of
				  methamphetamine per 100 square centimeters
4 Units in parts per
				  million
*Air from plumbing trap
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 1 - RULES AND REGULATIONS GOVERNING FLUORIDATION OF WATER SUPPLIES › Section 179-1-001 - CERTIFICATION

Current through June 17, 2024
Before any municipality, district, political subdivision,
				  corporation, company, person, or any other public or private entity shall add a
				  fluoride compound to a water supply intended or maintained for human
				  consumption for the purpose of the reduction of the incidence of dental decay
				  or any other purpose, the officials or individuals in responsible charge shall
				  have obtained in writing a certificate from the State Department of Health
				  indicating their proficiency to do so pursuant to these rules and
				  regulations
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 1 - RULES AND REGULATIONS GOVERNING FLUORIDATION OF WATER SUPPLIES › Section 179-1-002 - APPLICATION FOR CERTIFICATION

Current through June 17, 2024
The application for certificate shall be submitted in
				  writing and shall:
002.01 Describe the
				chemical feeding equipment to be used.
002.02 Describe the controls and equipment
				that will be used to check the final dosage.
002.03 Describe the facilities for protection
				of operator handling of fluoride compounds.
002.04 Describe the installation
				details.
002.05 Give the name of
				the person or persons who will be responsible for carrying out the
				program.
002.06 Identify the
				fluoride compound or compounds to be used.
002.07 State the minimum and maximum limits
				of fluoride ion, parts per million, to be maintained in the water supply.
The application in the case of a municipality shall be signed
				  by the Mayor, the Chairman of the governing body of the municipality, or an
				  officer of a district, corporation, or company, and the superintendent of the
				  water works. All other applications shall be signed by the person to be in
				  responsible charge of the fluoridation system.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 1 - RULES AND REGULATIONS GOVERNING FLUORIDATION OF WATER SUPPLIES › Section 179-1-003 - OPERATION

Current through June 17, 2024
003.01 The
				operation of the fluoridation program shall be such that the fluoride ion
				content of the water available to users, as prescribed by the State Department
				of Health, shall be in the range of 0.8 to 1.5 parts per million, the
				recommended optimal level being 1.0 to 1.3 parts per million. No fluoride
				compound need be added to the water supply if the fluoride ion content of the
				water available to users is already by nature at least 0.7 parts per
				million.
003.02 Records of all
				operations shall be kept, and a copy of each month's records sent to the State
				Department of Health at the close of each month. These records shall include:
003.02A Identification of the fluoride
				compound used, its purity and fluoride content.
003.02B Amount of water treated.
003.03C Amount of fluoride compound
				used.
003.03D Fluoride content of
				water from distribution system.
003.02E Any irregularities of operations.
Record sheets are available on request from the State
				  Department of Health.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 1 - RULES AND REGULATIONS GOVERNING FLUORIDATION OF WATER SUPPLIES › Section 179-1-004 - REVOCATION OF CERTIFICATE

Current through June 17, 2024
The certificate may be revoked or suspended if evidence
				  indicates the fluoridation program is not complying with the procedures
				  outlined in sections 001 to 003.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 2 - PUBLIC WATER SUPPLY SYSTEMS › Section 179-2-002 - DRINKING WATER STANDARDS AND TREATMENT TECHNIQUES

Current through June 17, 2024
2-002.01
SCOPE AND
				AUTHORITY
: These regulations establish drinking water standards,
				treatment techniques, best available technologies (BATs) and compliance
				technologies for public water systems. The authority is found in
Neb. Rev. Stat.
§§
									71-5301 to
				71-5313.
2-002.02
DEFINITIONS
Best Available Technology or BAT
means the best technology, treatment techniques, or other means which the U.S.
				  Environmental Protection Agency finds, after examination for efficacy under
				  field conditions and not solely under laboratory conditions, are available
				  (taking cost into consideration). For the purposes of setting MCLs for
				  synthetic organic chemicals, any BAT must be at least as effective as granular
				  activated carbon.
GAC10
means granular activated
				  carbon filter beds with an empty-bed contact time of 10 minutes based on
				  average daily flow and a carbon reactivation frequency of every 180 days,
				  except that the reactivation frequency for GAC10 used as a best available
				  technology for compliance with Title 179 NAC 24 MCLs under 179 NAC
				  2-002.04E2a(1) is 120 days.
GAC20
means granular activated
				  carbon filter beds with an empty-bed contact time of 20 minutes based on
				  average daily flow and a carbon reactivation frequency of every 240
				  days.
Maximum Contaminant Level (MCL)
means the maximum permissible level of a contaminant in water which is
				  delivered to any user of a public water system.
2-002.03
DRINKING WATER STANDARDS
				AND TREATMENT TECHNIQUES
: The basis for the establishment of
				maximum contaminant levels is based either upon potential acute health effects
				over a short length of time of exposure or chronic health effects over a long
				length of time of exposure.
2-002.03A
Standards Based upon Acute Health Effects:
Standards
				based upon acute health effects over a short length of time of exposure shall
				apply to all public water systems. Contaminants governed by these standards
				are:
1. Nitrates;
2. Turbidity;
3. Microbiological; and
4. Chlorine dioxide
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 2 - PUBLIC WATER SUPPLY SYSTEMS › Section 179-2-015 - Capacity Development For New Systems

Current through June 17, 2024
015
Scope.
This section applies to all new community and
				new non-transient non-community public water supply systems; except for systems
				that were in existence prior to October 1, 1999, and do not expand their
				infrastructure, but expand by population only to become a public water supply.
015.01
Meet Technical,
				Managerial and Financial Capacity Requirements.
New public water
				supply systems applying for a permit to operate the system after October 1,
				1999, shall show, as part of their application, that the public water supply
				system will meet the minimum technical, managerial, and financial capacity
				requirements of this rule. No permit to operate the system will be issued until
				the requirements of this section and section 009, Permit for Operating a Public
				Water Supply System, are met.
015.02
Demonstration of
				Technical, Financial, and Managerial Capacity of Public Water Supply
				Systems
015.02A
Minimum technical capacity requirements
shall include
				the following:
015.02A1 Conformance to the
				requirements stated in section 007, Siting, Design, and Construction of Public
				Water Supply Systems;
015.02A2
				Certified water operator(s) as required in section 010, Operator
				Certification;
015.02A3 A current
				water system map; and
015.02A4
				Installation of a service meter on each service connection.
015.03
Minimum financial capacity
shall include the
				following:
015.03A Documentation that
				organization and financial arrangements are in place to construct and operate
				the public water system in accordance with these rules. This information can be
				provided by submitting estimated construction, operation, and maintenance
				costs; and
015.03B Presentation of
				a proposed water rate or revenue structure sufficient to cover operating,
				maintenance and capital costs. A preliminary operating budget and capital
				budget shall be provided.
015.04
Minimum managerial
				capacity
shall include the following:
015.04A Provision of a clear statement of
				legal ownership and any plans that may exist for transfer of that ownership on
				completion of construction or after a period of operation;
015.04B The name, address, and telephone
				number of the person(s), other than the water system operator(s), designated
				and authorized to respond to issues of the water system's compliance with these
				rules;
015.04C The name, address,
				and telephone number of the system operator(s);
015.04D A description of the staffing and
				chain of command shall be provided to include the name, address and telephone
				number of the person(s) responsible for the system's interaction with
				customers, regulators, and other entities such as technical assistance
				providers and financial assistance providers, as appropriate.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the monitoring and analytical
				  requirements of public water systems. 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 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-003 - GENERAL

Current through June 17, 2024
The owners of public water systems are responsible for
				  accomplishing monitoring requirements as demonstrated by possession of an
				  official copy of laboratory results. The Director will establish schedules for
				  sampling. Samples will be examined at timed intervals and on schedules designed
				  to meet monitoring requirements and maintain a uniform laboratory work load.
				  The owner of each public water system will be informed of this schedule and, if
				  for any reason the schedule is not met, will be responsible for initiating
				  arrangements for an alternate date to effect compliance with established
				  monitoring requirements. The arrangements must be timed to provide the required
				  number of samples within the designated sample period used to determine
				  compliance with these regulations. All sample analyses needed to meet
				  monitoring requirements of 179 NAC 3, unless otherwise stated, must be examined
				  by the Department Laboratory or a laboratory which has entered into an
				  agreement with the Department pursuant to 179 NAC
				  3-009.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-006 - MONITORING REQUIREMENTS FOR DISINFECTION BYPRODUCTS

Current through June 17, 2024
006.01 Monitoring
				requirements for disinfection byproducts are specified in 179 NAC
				16-005.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-008 - RADIOACTIVE CONTAMINANTS

Current through June 17, 2024
008.01 Analysis
3-008.01A Analysis for the contaminants
				listed in
				40 CFR
				141.25(a) must be conducted
				to determine compliance with 179 NAC
				2-002.04D
				(radioactivity) in accordance with the methods in
				40 CFR
				141.25(a) or their
				equivalent as determined by EPA.
3-008.01B For the purpose of monitoring
				radioactivity concentrations in drinking water, the required sensitivity of the
				radioanalysis is defined in terms of a detection limit. The detection limit is
				that concentration which can be counted with a precision of plus or minus 100%
				at the 95% confidence level (
				1.96o where o is the
				standard deviation of the net counting rate of the sample).
3-008.01B1 To determine compliance with 179
				NAC
				2-002.04D1,
				2-002.04D2, and
				2-002.04D4, the
				detection limit must not exceed the concentrations listed in the following
				table:
DETECTION LIMITS FOR GROSS ALPHA PARTICLE ACTIVITY,
				  RADIUM-226, RADIUM-228, AND URANIUM
Contaminant
Detection
								Limit
Gross alpha particle activity
3 pCi/L
Radium 226
1 pCi/L
Radium 228
1 pCi/L
Uranium
1 µg/L
3-008.01B2 To determine compliance with 179
				NAC
				2-002.04D3 the
				detection limits must not exceed the concentrations listed in the following
				table.
DETECTION LIMITS FOR MAN-MADE BETA PARTICLE AND PHOTON
				  EMMITTERS
Radionuclide
Detection
								Limit
Tritium
1,000 pCi/L
Strontium-89
10 pCi/L
Strontium-90
2 pCi/L
Iodine-131
1 pCi/L
Cesium-134
10 pCi/L
Gross beta
4 pCi/L
Other radionuclides
1/10 of the applicable limit
3-008.01C To judge compliance with the
				maximum contaminant levels listed in 179 NAC
				2-002.04, averages of data will be
				used and will be rounded to the same number of significant figures as the
				maximum contaminant level for the substance in question.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-010 - CONSECUTIVE SYSTEMS

Current through June 17, 2024
When a public water system provides water to one or more
				  other public water systems, the Director may modify the monitoring imposed by
				  179 NAC 3 to the extent that the inter-connection of the systems justifies
				  treating them as one system for monitoring purposes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-011 - ALTERNATE ANALYTICAL TECHNIQUES

Current through June 17, 2024
011.01 With the
				written permission of the Director, concurred in by the Administrator of the
				U.S. EPA, an alternate analytical technique may be employed. An alternate
				technique is acceptable only if it is substantially equivalent to the
				prescribed test in both precision and accuracy as it relates to the
				determination of compliance with any MCL. In addition to the methods listed in
				this chapter, methods found in Alternative Testing Methods Approved for
				Analyses Under the Safe Drinking Water Act, Appendix A to Subpart C of 40 CFR
				Part 141 may be used as specified. The use of the alternate analytical
				technique will not decrease the frequency of monitoring required by 179 NAC
				3.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 3 - MONITORING AND ANALYTICAL REQUIREMENTS › Section 179-3-012 - CERTIFIED LABORATORIES

Current through June 17, 2024
012.01 For the
				purpose of determining compliance with 179 NAC 3, 179 NAC 8, 179 NAC 12, 179
				NAC 13, and 179 NAC 16, samples may be considered only if they have been
				analyzed by the Public Health Environmental Laboratory or a laboratory
				certified by the Department, except that measurements for alkalinity, calcium,
				conductivity, disinfectant residual, orthophosphate, pH, silica, temperature
				and turbidity may be performed by any Grade I, Grade II, Grade III, or Grade IV
				licensed water operator or an individual who has been trained to take these
				samples. If a licensed operator does not take the sample, Attachment 1 to 179
				NAC 3, which is incorporated herein by reference, must be completed and sent to
				the Department.
012.02 The Director
				may take samples and use the results from such samples to determine compliance
				by a supplier of water with the applicable requirements of 179 NAC 3.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations require the owner or operator of each
				  public water system (community, non-transient non-community, and transient
				  non-community water systems) to give notice for all violations of drinking
				  water maximum contaminant levels (MCLs), maximum residual disinfectant levels
				  (MRDLs), treatment techniques (TTs), monitoring requirements, testing
				  procedures, and situations listed in Table 1 of 179 NAC 4. Appendix A of 179
				  NAC 4 identifies the tier assignment for each specific violation or situation
				  requiring a public notice. The statutory authority for these regulations is
				  found in
Neb. Rev. Stat.
§§
									71-5301
				  to
				  71-5313.
TABLE 1 - VIOLATION CATEGORIES AND OTHER SITUATIONS
				  REQUIRING A PUBLIC NOTICE
1.
				Drinking water violations:
a. Failure to
				comply with an applicable maximum contaminant level (MCL) or maximum residual
				disinfectant level (MRDL).
b.
				Failure to comply with a prescribed treatment technique (TT).
c. Failure to perform water quality
				monitoring, as required by Title 179.
d. Failure to comply with testing procedures
				as prescribed by a drinking water regulation.