Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-004 - TIER 1 PUBLIC NOTICE - FORM, MANNER AND FREQUENCY OF NOTICE

Current through June 17, 2024
004.01 Violations
				or Situations Requiring Tier 1 Public Notice
Table 3 lists the violation categories and other situations
				  requiring a Tier 1 public notice. Appendix A to 179 NAC 4 identifies the tier
				  assignment for each specific violation or situation.
TABLE 3 - VIOLATION CATEGORIES AND OTHER SITUATIONS
				  REQUIRING A TIER 1 PUBLIC NOTICE
1.
Violation of the MCL for total coliforms when fecal
								coliform or
E. oli
are present in the water distribution
								system (as specified in 179 NAC
								2-002.04C2), or
								when the water system fails to test for fecal coliforms or
E.
								coli
when any repeat sample tests positive for coliform (as specified
								in 179 NAC 3-004.05). Violation of the MCL for
E. coli
(as
								specified in 179 NAC
								2-002.04C3)
								;
2.
Violation of the MCL for nitrate, nitrite, or total
								nitrate and nitrite, as defined in 179 NAC
								2-002.04A, or when
								the water system fails to take a confirmation sample within 24 hours of the
								system's receipt of the first sample showing an exceedance of the nitrate or
								nitrite MCL, as specified in 179 NAC
								3-005.06B;
3.
Exceedance of the nitrate MCL by non-community
								water systems, where permitted to exceed the MCL by the Director under 179 NAC
								2-002.04A1, as
								required under 179 NAC
								4-011;
4.
Violation of the MRDL for chlorine dioxide, as
								defined in 179 NAC
								2-002.04F1 when
								one or more samples taken in the distribution system the day following an
								exceedance of the MRDL at the entrance of the distribution system exceed the
								MRDL, or when the water system does not take the required samples in the
								distribution system, as specified in 179 NAC 16-006.03 item 2.a.
5.
Violation of the Surface Water Treatment Rule (SWTR
								- 179 NAC 13) or Interim Enhanced Surface Water Treatment Rule (IESWTR - 179
								NAC 17) or Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR - 179
								NAC 19) treatment technique requirement resulting from a single exceedance of
								the maximum allowable turbidity limit (as identified in Appendix A), where the
								Director determines after consultation that a Tier 1 notice is required or
								where consultation does not take place within 24 hours after the system learns
								of the violation.
6.
Occurrence of a waterborne disease outbreak, as
								defined in 179 NAC 2-001.02, or other waterborne emergency (such as a failure
								or significant interruption in key water treatment processes, a natural
								disaster that disrupts the water supply or distribution system, or a chemical
								spill or unexpected loading of possible pathogens into the source water that
								significantly increases the potential for drinking water contamination);
7.
Other violations or situations with significant
								potential to have serious adverse effects on human health as a result of
								short-term exposure, as determined by the Director on a case-by-case
								basis.
8.
Detection of
E. coli
, enterococci,
								or coliphage in source water samples as specified in 179 NAC 8-005.01 and
								8-005.02 (under the Ground Water Rule).
004.02 When Tier 1 Public Notice Is To Be
				Provided
Public water systems must:
1. Provide a public notice as soon as
				practical but no later than 24 hours after the system learns of the
				violation:
2. Initiate consultation
				with the Director as soon as practical, but no later than 24 hours after the
				public water system learns of the violation or situation, to determine
				additional public notice requirements; and
3. Comply with any additional public
				notification requirements (including any repeat notices or direction on the
				duration of the posted notices) that are established as a result of the
				consultation with the Director. Such requirements may include the timing, form,
				manner, frequency, and content of repeat notices (if any) and other actions
				designed to reach all persons served.