reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-003 - GENERAL REQUIREMENTS

Current through June 17, 2024
003.01 Types of
				Public Notice
Public notice requirements are divided into three tiers, to
				  take into account the seriousness of the violation or situation and of any
				  potential adverse health effects that may be involved. The public notice
				  requirements for each violation or situation listed in Table 1 of 179 NAC 4 are
				  determined by the tier to which it is assigned. Table 2 provides the definition
				  of each tier. Appendix A to 179 NAC 4 identifies the tier assignment for each
				  specific violation or situation.
TABLE 2 - DEFINITION OF PUBLIC NOTICE
				  TIERS
Tier 1 Public Notice
Required for drinking water standards violations
								and situations with significant potential to have serious adverse effects on
								human health as a result of short-term exposure.
Tier 2 Public Notice
Required for all other drinking water standards
								violations and situations with potential to have serious adverse effects on
								human health.
Tier 3 Public Notice
Required for all other drinking water standards
								violations and situations not included in Tier 1 and Tier 2.
003.02 Who Must Be Notified
1. Each public water system must provide
				public notice to persons served by the water system, in accordance with 179 NAC
				4. Public water systems that sell or otherwise provide drinking water to other
				public water systems (i.e., to consecutive systems) are required to give public
				notice to the owner or operator of the consecutive system; the consecutive
				system is responsible for providing public notice to the persons it
				serves.
2. If a public water system
				has a violation in a portion of the distribution system that is physically or
				hydraulically isolated from other parts of the distribution system, the
				Director may allow the system to limit distribution of the public notice to
				only persons served by that portion of the system that is out of compliance.
				The Director must grant written permission to limit distribution of the
				notice.
3. A copy of the notice
				must also be sent to the Department in accordance with the requirements under
				179 NAC 5-004.03.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-006 - TIER 3 PUBLIC NOTICE - FORM, MANNER, AND FREQUENCY OF NOTICE

Current through June 17, 2024
006.01 Violations
				or Situations Requiring a Tier 3 Public Notice
Table 5 lists the violation categories and other situations
				  requiring a Tier 3 public notice. Appendix A to 179 NAC 4 identifies the tier
				  assignment for each specific violation or situation.
TABLE 5 - VIOLATION CATEGORIES AND OTHER
				  SITUATIONS REQUIRING A TIER 3 PUBLIC NOTICE
1.
Monitoring violations under Title 179, except where
								a Tier 1 notice is required under 179 NAC 4-004.01 or where the Director
								determines that a Tier 2 notice is required;
2.
Failure to comply with a testing procedure
								established in Title 179, except where a Tier 1 notice is required under 179
								NAC 4-004.01 or where the Director determines that a Tier 2 notice is
								required;
3.
Operation under a variance or an exemption granted
								under 179 NAC 6
;
4.
Availability of unregulated contaminant monitoring
								results, as required under 179 NAC
								4-009,
5.
Exceedance of the fluoride secondary maximum
								contaminant level (SMCL), as required under 179 NAC
								4-010; and
6.
Reporting and Recordkeeping violations under 179
								NAC 26.
006.02 When Tier 3 Public Notice Is To Be
				Provided
1. Public water systems must provide
				the public notice not later than one year after the public water system learns
				of the violation or situation or begins operating under a variance or
				exemption. Following the initial notice, the public water system must repeat
				the notice annually, for as long as the violation, variance, exemption, or
				other situation persists. If the public notice is posted, the notice must
				remain in place for as long as the violation, variance, exemption, or other
				situation persists, but in no case less than seven days (even if the violation
				or situation is resolved).
2.
				Instead of individual Tier 3 public notices, a public water system may use an
				annual report detailing all violations and situations that occurred during the
				previous 12 months, as long as the timing requirements of 179 NAC 4-006.02 item
				1 are met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-007 - CONTENT OF THE PUBLIC NOTICE

Current through June 17, 2024
007.01 Elements
				That Must Be Included in the Public Notice for Violations of Drinking Water
				Standards Violations or Other Situations Requiring Public Notice
When a public water system violates a drinking water standard
				  or has a situation requiring public notification, each public notice must
				  include the following elements:
1. A
				description of the violation or situation, including the contaminant(s) of
				concern, and (as applicable) the contaminant level(s);
2. When the violation or situation
				occurred;
3. Any potential adverse
				health effects from the violation or situation, including the standard language
				under 179 NAC 4-007.04 item 1 or 2, whichever is applicable;
4. The population at risk, including
				subpopulations particularly vulnerable if exposed to the contaminant in their
				drinking water;
5. Whether
				alternative water supplies should be used;
6. What actions consumers should take,
				including when they should seek medical help, if known;
7. What the system is doing to correct the
				violation or situation;
8. When the
				water system expects to return to compliance or resolve the
				situation;
9. The name, business
				address, and phone number of the water system owner, operator, or designee of
				the public water system as a source of additional information concerning the
				notice; and
10. A statement to
				encourage the notice recipient to distribute the public notice to other persons
				served, using the standard language under 179 NAC 4-007.04 item 3, where
				applicable.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-008 - NOTICE TO NEW BILLING UNITS OR NEW CUSTOMERS

Current through June 17, 2024
008.01 Community
				Water Systems Requirement
Community water systems must give a copy of the most recent
				  public notice for any continuing violation, the existence of a variance or
				  exemption, or other ongoing situations requiring a public notice to all new
				  billing units or new customers prior to or at the time service begins.
008.02 Non-Community Water Systems
				Requirement
Non-community water systems must continuously post the public
				  notice in conspicuous locations in order to inform new consumers of any
				  continuing violation, variance or exemption, or other situation requiring a
				  public notice for as long as the violation, variance, exemption, or other
				  situation persists.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-009 - SPECIAL NOTICE OF THE AVAILABILITY OF UNREGULATED CONTAMINANT MONITORING RESULTS

Current through June 17, 2024
009.01 When the
				Special Notice Is To Be Given
The owner or operator of a community water system or
				  non-transient, non-community water system required to monitor under the
				  Unregulated Contaminant Monitoring Rule must notify persons served by the
				  system of the availability of the results of such sampling no later than 12
				  months after the monitoring results are known.
009.02 Form and Manner of the Special Notice
The form and manner of the public notice must follow the
				  requirements for a Tier 3 public notice prescribed in 179 NAC 4-006.03 and
				  4-006.04 items 1 and 3. The notice must also identify a person and provide the
				  telephone number to contact for information on the monitoring
				  results.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Section 179-4-011 - SPECIAL NOTICE FOR NITRATE EXCEEDANCES ABOVE MCL BY NON-COMMUNITY WATER SYSTEMS (NCWSs), WHERE GRANTED PERMISSION BY THE DIRECTOR UNDER 179 NAC 2-002.04A1

Current through June 17, 2024
011.01 When the
				Special Notice Is To Be Given
The owner or operator of a non-community water system granted
				  permission by the Director under 179 NAC
				  2-002.04A1 to
				  exceed the nitrate MCL must provide notice to persons served according to the
				  requirements for a Tier 1 notice under 179 NAC 4-004.01 and 4-004.02.
011.02 Form and Manner of the
				Special Notice
Non-community water systems granted permission by the
				  Director to exceed the nitrate MCL under 179 NAC
				  2-002.04A1 must
				  provide continuous posting of the fact that nitrate levels exceed 10 mg/L and
				  the potential health effects of exposure, according to the requirements for
				  Tier 1 notice delivery under 179 NAC 4-004.03 and the content requirements
				  under 179 NAC
				  4-007.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 4 - PUBLIC NOTIFICATION OF DRINKING WATER VIOLATIONS › Appendix C - LIST OF ACRONYMS USED IN PUBLIC NOTIFICATION REGULATION

Current through June 17, 2024
CCR
Consumer Confidence Report
CWS
Community Water System
DBP
Disinfection Byproduct
GWR
Ground Water Rule
HPC
Heterotrophic Plate Count
IESWTR
Interim Enhanced Surface Water Treatment
								Rule
IOC
Inorganic Chemical
LCR
Lead and Copper Rule
MCL
Maximum Contaminant Level
MCLG
Maximum Contaminant Level Goal
MRDL
Maximum Residual Disinfectant Level
NCWS
Non-Community Water System
NTNCWS
Non-Transient Non-Community Water System
NTU
Nephelometric Turbidity Unit
PN
Public Notification
PWS
Public Water System
SDWA
Safe Drinking Water Act
SMCL
Secondary Maximum Contaminant Level
SOC
Synthetic Organic Chemical
SWTR
Surface Water Treatment Rule
TCR
Total Coliform Rule
TT
Treatment Technique
TWS
Transient Non-Community Water System
VOC
Volatile Organic Chemical
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 5 - REPORTING AND RECORDKEEPING › Section 179-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations require public water systems to keep
				  certain records and reports for stated periods of time. 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 5 - REPORTING AND RECORDKEEPING › Section 179-5-002 - DEFINITIONS

Current through June 17, 2024
Department
means the Department of
				  Health and Human Services Regulation and Licensure.
Director
means the Director of
				  Regulation and Licensure or his/her authorized
				  representative.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 5 - REPORTING AND RECORDKEEPING › Section 179-5-003 - REQUIRED REPORTS

Current through June 17, 2024
The owner of a public water supply must report to the
				  Director within the time prescribed on each of the following occurrences which
				  influence or alter the reliability of the system or the safety of drinking
				  water delivered to the consumer:
1.
				Any disruption in service that results in a likelihood for the entrance of
				contaminants into the system, including reduced pressure due to fire fighting
				operations or breakdown should be recorded by the owner of the system. Any loss
				of pressure or disruption of service for reasons beyond normal repair or
				replacement must be reported to the Director when more than 10% of the
				consumers are affected.
2. Any
				proposed change in source of supply or treatment processes, or any expansion of
				storage or to the distribution service area must be reported to the Director
				before entering into any financial commitment for implementing a
				change.
3. All reports, studies,
				and investigations pertinent to the operation and management of a public water
				system must be made available to the Director on request.
4. Any change in personnel, elected or
				appointed, having primary responsibility for the operation of a public water
				supply system, must be promptly reported to the Director by the owner or a
				representative of the owner.
5. Any
				change in ownership of a public water system must be reported to the Director
				by the prior owner, and the prior owner is responsible for informing the new
				owner of the general provisions of the Nebraska Safe Drinking Water Act and the
				regulations implementing it.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 5 - REPORTING AND RECORDKEEPING › Section 179-5-004 - REPORTING REQUIREMENTS

Current through June 17, 2024
Except where a shorter period is specified in Title 179 the
				  owner of a public water system must report to the Director the results of any
				  test measurement or analysis required by Title 179 within (1) the first ten
				  days following the month in which the result is received, or (2) the first ten
				  days following the end of the required monitoring period as stipulated by the
				  Director, which ever of these is shortest.
004.01 Except where a different reporting
				period is specified in Title 179, the owner of a public water supply system
				must report to the Director within 48 hours the failure to comply with any
				state drinking water standard regulation (including failure to comply with
				monitoring requirements) set forth in 179 NAC 5.
004.02 The owner of a public water system is
				not required to report analytical results to the Director in cases where the
				Department Laboratory performs all of the analysis and reports all of the
				results.
004.03 The public water
				system, within ten days of completing the public notification requirements
				under 179 NAC 4 for the initial public notice and repeat notices, must submit
				to the Director a certification that it has fully complied with the public
				notification regulations. The public water system must include with this
				certification a representative copy of each type of notice distributed,
				published, posted, and made available to the persons served by the system and
				to the media.
004.04 The owner of a
				public water system must submit to the Director within the time stated in the
				request copies of any record required to be maintained under Title 179 or that
				the Director is entitled to inspect pursuant to
Neb. Rev.
				Stat
§§ 715301 to 71-5313.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 5 - REPORTING AND RECORDKEEPING › Section 179-5-005 - REQUIRED RECORDS

Current through June 17, 2024
Any owner of a public water system subject to the provisions
				  of Title 179 must retain on the premises of the public water system or a
				  convenient location near such premises, the following records:
1. Records of microbiological analyses and
				turbidity analyses made pursuant to Title 179 must be kept for not less than
				five years. Records of chemical analyses made pursuant to Title 179 must be
				kept for not less than ten years. Actual laboratory reports may be kept or data
				may be transferred to tabular summaries, provided that the following
				information is included:
a. The date, place,
				time of sampling, and the name of the person who collected the
				sample;
b. Identification of the
				sample as to whether it was a routine distribution system sample, a check
				sample, a raw or processed sample, or any other special purpose
				sample;
c. Date of
				analysis;
d. Laboratory and person
				responsible for performing analysis;
e. The analytical technique or method used;
				and
f. The results of the
				analysis.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 5 - REPORTING AND RECORDKEEPING › Section 179-5-006 - AVAILABILITY OF RECORDS

Current through June 17, 2024
All records required by Title 179 must be available for
				  public inspection at any reasonable hour and will be reviewed periodically for
				  completeness by the Director.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 6 - VARIANCES AND EXEMPTIONS › Section 179-6-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish the requirements for variances
				  from drinking water standards, including small systems variances. They also
				  establish the requirements for exemptions from any requirement respecting a
				  maximum contaminant level or any treatment technique requirement, or from both,
				  of a drinking water standard. 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 6 - VARIANCES AND EXEMPTIONS › Section 179-6-002 - DEFINITIONS

Current through June 17, 2024
Code of Federal Regulations (CFR)
means the Code of Federal Regulations as it existed on the effective date of
				  these regulations, and any CFR citations mentioned in these regulations are
				  hereby incorporated by reference. Copies of the CFR as it existed o the
				  effective date of these regulations can be obtained on the DHHS website at
http://dhhs.ne.gov/publichealth/Pages/enh_pwsindex.aspx
or by requesting a copy via email from the Department at:
				  DHHS.drinkingwater@nebraska.gov or by calling 402-471-2541.
Department
means the Division of
				  Public Health of the Department of Health and Human Services.
Director
means the Director of
				  Public Health or his/her authorized representative.
EPA
means the U.S. Environmental
				  Protection Agency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 6 - VARIANCES AND EXEMPTIONS › Section 179-6-003 - CONDITIONS

Current through June 17, 2024
003.01 In
				accordance with the requirements of
Neb. Rev. Stat
.
				71-5310 the Director may grant variances or exemptions from certain provisions
				of the regulations under the Nebraska Safe Drinking Water Act, in compliance
				with 42 U.S.C. §
										300g-4
				and 42 U.S.C. § 300g-5 and 40 CFR 142 Subpart K of the Code of Federal
				Regulations (for small system variances), except that variances or exemptions
				from the MCLs for total coliforms and
E. coli
and variances
				from any of the treatment technique requirements of 179 NAC 13 may not be
				granted. These documents are available for viewing at the Division of Public
				Health of the Department of Health and Human Services, 301 Centennial Mall
				South, Lincoln, NE 68509; or
				42
				U.S.C. §
										300g-4 and 42 U.S.C. §
				300g-5 are available online at
http://www.gpo.gov/fdsys/search/submitcitation.action?publication=USCODE
.
003.02 The Director has stayed the effective
				date of this chapter relating to the total coliform MCL of 179 NAC
				2-002.04C for
				systems that demonstrate to the Department that the violation of the total
				coliform MCL is due to a persistent growth of total coliforms in the
				distribution system rather than fecal or pathogenic contamination, a treatment
				lapse or deficiency, or a problem in the operation or maintenance of the
				distribution system. This is stayed through March 31, 2016, at which time the
				total coliform MCL is no longer effective.
003.03 Small system variances are not
				available for rules addressing microbial contaminants, which would include 179
				NAC 8, 13, 17, 19, 25, and 26.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish standards for the siting,
				  design, and construction of public water systems and the associated fees. The
				  authority is found in
Neb. Rev. Stat
. §§
									71-5301
				  to
				  71-5313.
001.01 Other Regulations
Persons designing and/or constructing water projects are
				  advised that regulations and/or codes that are not enforced by the Department
				  may exist and apply to the project, including but not limited to electrical
				  codes, plumbing codes, building codes, wastewater regulations, and regulations
				  issued and enforced by Natural Resources Districts, federal, state, county, or
				  city authorities.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-002 - DEFINITIONS

Current through June 17, 2024
Certification of Project Completion
means documentation signed and dated by the engineer indicating that a project
				  or portion of a project has been completed in accordance with the approved
				  plans and specifications for placement into service.
Community public water supply distribution
				  system
means that part of the public water system including
				  distribution mains, valves and hydrants that are under the ownership and/or
				  legal control of the public water system owner.
Department
means the Division of
				  Public Health of the Department of Health and Human Services.
Director
means the Director of
				  Public Health of the Division of Public Health or his/her authorized
				  representative.
Distribution main
means a pipe
				  through which water is delivered to a water service main.
Emergency condition
means any event
				  that causes the complete loss of water supply or loss of adequate pressure in
				  the system.
Engineer
means a professional
				  engineer registered in the State of Nebraska.
Project
means plans and
				  specifications from a public water system that are submitted on one date for
				  review and approval.
Major construction, extension, or
				  alteration
means those structural changes that affect the source
				  of supply, treatment processes, or transmission of water to service areas, but
				  does not include the extension of service mains within established service
				  areas.
Non-community public water supply distribution
				  system
means that part of the public water system including the
				  well discharge piping, all buried pipe and building plumbing that is under the
				  ownership and/or legal control of the public water system owner.
Service main
means the portion of a
				  pipe from a distribution main to the user. Service main also means service pipe
				  or service line.
Substantial conformance
means that
				  the siting, design, and construction of drinking water facilities will not
				  adversely impact public health and/or the ability of a public water system to
				  deliver safe drinking water on a continuous basis.
Transmission main
means a pipe
				  through which water is conveyed from a source of supply or storage to a point
				  of storage, treatment, or the distribution system. Transmission mains may have
				  individual service connections where there is no other economical or convenient
				  system designed to provide service to individual customers.
Tremie pipe
means a pipe or hose
				  that carries grout or gravel pack to the placement depth.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-003 - SUBMISSION OF PLANS AND SPECIFICATIONS

Current through June 17, 2024
Plans and specifications for all major construction,
				  extension or alteration to public water systems must be prepared by an engineer
				  and must be submitted to the Director for review and written approval prior to
				  the beginning of construction, except as provided in 179 NAC
				  7-004. Upon approval of the plans and
				  specifications the Director will issue a construction permit. A construction
				  permit is valid for a period of two years from the date of issuance. If
				  construction is not started within two years from the issuance of the permit,
				  the owner and/or the engineer must request a time extension in writing prior to
				  the expiration of the construction permit and the Director must approve it with
				  an expiration date in order for it to continue to be valid.
003.01 The plans and specifications:
1. Must be presented in legible form and with
				a scale of one inch equal to not more than 100 feet on full size drawings to
				establish construction requirements and facilitate effective review, except
				that rural water or regional water systems that do not have firefighting
				capabilities may use a scale of one inch equal to not more than 500
				feet;
2. Must be submitted by the
				engineer in triplicate (at least one copy should be in a reduced form of
				11"X17" for use by Department staff in the field) and in sufficient time to
				permit 30 working days for review and comment or approval and with time for the
				incorporation of changes if required. Systems having an engineer on staff may
				submit plans and specifications in duplicate;
3. May not be amended in a manner that alters
				the capacity, hydraulic conditions and operation of water system components;
				functioning of water treatment processes; or water quality before the Director
				has approved change orders directing such amendments;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-004 - PLANS AND SPECIFICATIONS - REQUIRED/NOT REQUIRED

Current through June 17, 2024
004.01 Plans and
				specifications must be submitted for the following types of projects:
1. All components of new public water systems
				and/or interconnection between public water systems;
2. New wells, new intake structures, relining
				of existing wells or replacement of one type of well pump with a different type
				of well pump;
3. Alterations that
				influence the capacity of existing wells or intake structures;
4. New treatment plants, modifications to
				existing treatment plants, and new or modifications to existing waste residual
				treatment at water treatment facilities;
5. Permanent installation of chemical feed
				equipment;
6. Storage facilities
				and repair to existing storage facilities, including interior lining, painting
				and/or coatings;
7. Pump
				stations;
8. Transmission mains;
				and
9. Construction of new
				distribution mains and replacement of existing distribution mains that are not
				exempted by 179 NAC 7-004.02 item 3.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-005 - FEES

Current through June 17, 2024
005.01 An initial
				fee for the review of plans and specifications for the types of projects for
				which plans and specifications are required in 179 NAC
				7-004 must be submitted with each
				project in the amount of one hundred dollars plus 0.5 % of the engineer's
				estimated cost for the project, alteration or improvement described in the
				documents to be reviewed but such total fee will not exceed $7600 and:
7-005.01A Documentation of the contract or
				actual cost of the project must be provided to the Director by the engineer or
				owner of the system for the purpose of determining the final fee
				amount;
7-005.01B Payment of the
				final fee amount -- one hundred dollars plus 0.5 % of the contract or actual
				cost of the project minus the initial fee paid -- must be made, except that
				amounts of $25 or less need not be paid or refunded;
7-005.01C Failure to pay the final fee amount
				constitutes cause to deny or revoke the permit to operate the system.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-006 - SITING

Current through June 17, 2024
006.01 All wells,
				treatment and storage facilities, and other appurtenances necessary for the
				continued operation of a public water system must be located:
1. To protect against damage or breakdown as
				a result of floods, fire, earthquakes, or other natural disasters to the
				greatest extent possible, and
2. To
				prevent contamination of the drinking water by existing sources of pollution to
				the greatest extent possible.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-008 - WATER QUALITY

Current through June 17, 2024
008.01 Test Well
Water quality samples (except for asbestos, dioxin and
				  endothall) must be collected from a test well to demonstrate that it will meet
				  the requirements of Title 179 prior to construction of the production well The
				  Department may forgo this requirement if the following conditions are
				  met:
1. The public water system's
				design engineer provides justification as to why the above requirement would
				not be necessary and the basis for making that determination, and
2. The system owner sends a letter to the
				Department requesting approval of the project without the water quality
				information. The letter must include a statement that the owner is aware that
				if the water quality from the production well does not comply with the water
				quality requirements of Title 179, the well may not be allowed to be placed
				into service.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-009 - CONSTRUCTION

Current through June 17, 2024
All major construction, extensions or alterations, except
				  projects subject to the three-year review program in 179 NAC 7-004.03 must be
				  completed in accordance with approved plans and specifications or approved
				  change orders and must comply with the following requirements:
1. No part of a public water system falling
				within the definition of major construction may be placed in service prior to
				certification of project completion by the engineer, a final inspection by the
				department, and issuance of approval by the Director with the exception of
				water distribution main and interior tank coating projects. The Director may
				allow placement of these projects into service when requested by the owner
				and/or the engineer if the request is accompanied with a certification of
				project completion by the engineer and copies of satisfactory bacteriological
				testing results.
2. Any part of a
				public water system falling within the definition of major construction found
				not to be constructed in substantial conformance to approved plans and
				specifications or change orders, or for which plans and specifications were not
				approved, must not be placed in service until such time as the Director
				determines the construction to be in substantial conformance to the standards
				in 179 NAC 7007.
3. If a public
				water system begins or completes any major construction, extension or
				alteration as defined in 179 NAC
				7-002, prior to obtaining written
				approval from the Department, the system may be subject to an administrative
				penalty for the violation of Title 179 NAC
				7-003. In addition, the system must do
				the following:
a. Submit a copy of the project
				plans and specifications prepared by an engineer (as-built or as-recorded where
				applicable) to the Department for review and written approval,
b. Submit the plan review fee in 179 NAC
				7-005.01.
c. Submit an additional
				review fee of $1000 unless the project was completed under emergency
				conditions.
d. Correct any portion
				of the construction found not be constructed in accordance with the
				requirements of Title 179 NAC 7.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 7 - SITING, DESIGN AND CONSTRUCTION OF PUBLIC WATER SYSTEMS › Section 179-7-010 - DISTINCTIONS APPLIED TO NON-COMMUNITY WATER SYSTEMS

Current through June 17, 2024
010.01 By first
				providing written notification to the Department, the owner of a non-community
				water system may accomplish siting, design, and construction in accordance with
				Title 178 NAC 12, Water Well Construction, Pump Installation, and Water Well
				Decommissioning Standards if the project involves a well:
1. With a capacity of less than 100 gallons
				per minute (gpm), associated bladder tank and piping in a water system with a
				total system capacity not exceeding 200 gpm, and
2. With the top of its well screen greater
				than 50 feet from the original ground surface, and
3. That is greater than 200 feet from a
				surface water source.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This rule applies to all public water systems that use ground
				  water, except that it does not apply to public water systems that combine all
				  of their ground water with surface water or with ground water under the direct
				  influence of surface water (GWUDI) prior to treatment under 179 NAC 13. The
				  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 8 - GROUND WATER RULE › Section 179-8-002 - DEFINITIONS

Current through June 17, 2024
Code of Federal
Regulations means
				  the Code of Federal Regulations (CFR) as it existed on the effective date of
				  these regulations, and any CFR citations mentioned in these regulations are
				  hereby incorporated by reference. Copies of the CFR as it existed on the
				  effective date of these regulations can be obtained on the DHHS website at
http://dhhs.ne.gov/publichealth/Pages/enh_pwsindex.aspx
or by requesting a copy via email from the Department at:
DHHS.drinkingwater@nebraska.gov
or by calling
				  402-471-2541.
Consecutive System
means a public
				  water system that receives some or all of its finished water from one or more
				  wholesale systems. Delivery may be through a direction connection or through
				  the distribution system of one or more consecutive systems.
Department
means the Division of
				  Public Health of the Department of Health and Human Services.
EPA
means the United States
				  Environmental Protection Agency.
Ground Water System
, for this
				  chapter, means any public water system meeting the applicability statement in
				  179 NAC
				  8-001, including consecutive systems
				  receiving finished ground water.
GWUDI
means ground water under the
				  direct influence of surface water.
Hydrogeologic Sensitivity
				  Assessment
, for this chapter, means a determination of whether
				  ground water systems obtain water from hydrogeologically sensitive
				  settings.
Significant deficiency
means a
				  defect in design, operation, or maintenance, or a failure or malfunction of the
				  sources, treatment, storage, or distribution system found during a sanitary
				  survey that the Department determines to be causing, or has the potential for
				  causing the introduction of contamination into the water delivered to
				  consumers.
Wholesale system
means a public
				  water system that treats source water as necessary to produce finished water
				  and then delivers some or all of that finished water to another public water
				  system. Delivery may be through a direct connection or through the distribution
				  system of one or more consecutive systems.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-003 - GENERAL REQUIREMENTS

Current through June 17, 2024
Systems subject to 179 NAC 8 must comply with the following
				  requirements:
1. Sanitary survey
				information requirements for all ground water systems as described in 179 NAC
				8-004.
2. Microbial source water monitoring
				requirements for ground water systems that do not treat all of their ground
				water to at least 99.99% (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 as described in 179 NAC
				8-005.
3. Treatment technique requirements,
				described in 179 NAC
				8-006, that apply to ground water
				systems that have fecally contaminated source waters, as determined by source
				water monitoring conducted under 179 NAC
				8-005, or that have significant
				deficiencies that are identified by the Department. A ground water system with
				fecally contaminated source water or with significant deficiencies subject to
				the treatment technique requirements of this chapter must implement one or more
				of the following corrective action options:
A. Correct all significant
				deficiencies;
B. Provide an
				alternate source of water;
C.
				Eliminate the source of contamination; or
D. Provide treatment that reliably achieves
				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.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-004 - SANITARY SURVEYS FOR GROUND WATER SYSTEMS

Current through June 17, 2024
004.01 Ground water
				systems must provide the Department, at the Department's request, any existing
				information that will enable the Department to conduct a sanitary
				survey.
004.02 For purposes of this
				chapter, a "sanitary survey," as conducted by the Department, includes but is
				not limited to, an onsite review of the water source(s) (identifying sources of
				contamination by using results of source water assessments or other relevant
				information where available), facilities, equipment, operation, maintenance,
				and monitoring compliance of a public water system to evaluate the adequacy of
				the system, its sources and operations and the distribution of safe drinking
				water.
004.03 The sanitary survey
				must include an evaluation of the applicable components listed below
1. Source,
2. Treatment,
3. Distribution system,
4. Finished water storage,
5. Pumps, pump facilities, and
				controls,
6. Monitoring, reporting,
				and data verification,
7. System
				management and operation, and
8.
				Operator compliance with Department requirements.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-005 - GROUND WATER SOURCE MICROBIAL MONITORING AND ANALYTICAL METHODS

Current through June 17, 2024
005.01 Triggered
				Source Water Monitoring
8-005.01A
General Requirements
: A ground water system must
				conduct triggered source water monitoring if the conditions identified in items
				1 and either 2 or 3 below exist:
1. The
				system does not provide 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 for each ground water
				source; and either
2. The system is
				notified that a sample collected under 179 NAC 3-004.01 is total
				coliform-positive and the sample is not invalidated under 179 NAC 3-004.03
				through March 31, 2016, or
3. The
				system is notified that a sample collected under 179 NAC
				26-006 through 179 NAC
				26-009 is total coliform-positive and
				the sample is not invalidated under 179 NAC 26-005.03 beginning April 1,
				2016.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-007 - TREATMENT TECHNIQUE VIOLATIONS FOR GROUND WATER SYSTEMS

Current through June 17, 2024
007.01 A ground
				water system with a significant deficiency is in violation of the treatment
				technique requirement if, within 120 days (or earlier if directed by the
				Department) of receiving written notice from the Department of the significant
				deficiency, the system:
1. Does not complete
				corrective action in accordance with any applicable Department plan review
				processes or other Department guidance and direction, including Department
				specified interim actions and measures, or
2. Is not in compliance with a
				Department-approved corrective action plan and schedule.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 8 - GROUND WATER RULE › Section 179-8-008 - REPORTING AND RECORDKEEPING FOR GROUND WATER SYSTEMS

Current through June 17, 2024
008.01 Reporting
In addition to the requirements of 179 NAC
				  5-004, a ground water system regulated
				  under this chapter must provide the following information to the
				  Department:
1. A ground water system
				conducting compliance monitoring under 179 NAC 8-006.02 must notify the
				Department any time the system fails to meet any Department-specified
				requirements including, but not limited to, minimum residual disinfectant
				concentration, membrane operating criteria or membrane integrity, and
				alternative treatment operating criteria, if operation in accordance with the
				criteria or requirements is not restored within four hours. The ground water
				system must notify the Department as soon as possible, but in no case later
				than the end of the next business day.
2. After completing any corrective action
				under 179 NAC 8-006.01, a ground water system must notify the Department within
				30 days of completion of the corrective action.
3. If a ground water system subject to the
				requirements of 179 NAC 8-005.01 does not conduct source water monitoring under
				179 NAC
				8-005.01E item 2,
				the system must provide documentation to the Department within 30 days of the
				total coliform positive sample that it met the Department criteria.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish requirements relating to a
				  permit to operate a public water system. They apply to all public water systems
				  in Nebraska. The 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 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-002 - DEFINITIONS

Current through June 17, 2024
Director means the Director of Regulation and Licensure or
				  his/her authorized representative.
Owner
means any person owning or
				  operating a public water system.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-004 - INFORMATION REQUIRED

Current through June 17, 2024
Any person constructing a public water system must provide
				  the information required in 179 NAC 9 Attachment 1 and 179 NAC
				  2-015 (if applicable) with the
				  submission of plans and specifications as required in 179 NAC 2-007. An
				  operating permit will be issued upon confirmation that the completed works are
				  constructed in accordance with approved plans and specifications and upon
				  demonstration the system will be maintained and operated as prescribed by 179
				  NAC 2 to 22. Any person otherwise acquiring a new system must provide the
				  information required in 179 NAC 9 Attachment 1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-005 - INSPECTION OF THE SYSTEM

Current through June 17, 2024
The Director will, as promptly as is possible, inspect and
				  survey the system, reporting findings to the owner of the system, and issue or
				  deny a permit based on compliance with the requirements of the Nebraska Safe
				  Drinking Water Act and of 179 NAC 2 to 22.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-006 - ENFORCEMENT

Current through June 17, 2024
Any person operating a public water system prior to the
				  issuance of a permit and found to be in violation of any provisions of 179 NAC
				  2- to 22 or the provisions of the Nebraska Safe Drinking Water Act, will be
				  subject to enforcement action as provided by law. A permit to operate a public
				  water system may be denied or revoked for failure to comply with the
				  requirements of
Neb. Rev. Stat
. §§
									71-5301
				  to
				  71-5313
				  or 179 NAC 2 to 22.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-007 - PERMIT TIME FRAME

Current through June 17, 2024
Permits shall be issued for an indefinite period of time,
				  subject only to continued compliance with the Nebraska Safe Drinking Water Act
				  and 179 NAC 2 to 22.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Section 179-9-008 - OPPORTUNITY FOR HEARING

Current through June 17, 2024
Any person will be granted, upon request, an opportunity for
				  a hearing before the Department under the provisions of Neb. Rev. Stat. 84-901
				  to 84-917, prior to the denial or revocation of a permit. Judicial review of
				  the denial or revocation may be obtained.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 9 - PERMIT TO OPERATE A PUBLIC WATER SYSTEM › Attachment 179-9-1 - APPLICATION FOR PERMIT TO OPERATE A PUBLIC WATER SYSTEM

Current through June 17, 2024
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Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 179 - PUBLIC WATER SYSTEMS › Chapter 10 - LICENSURE OF WATER OPERATORS › Section 179-10-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern credentialing of water operators
				  under
Neb Rev Stat
§§
									71-5301
				  to
				  71-5313, and the
				  Uniform Credentialing Act (UCA).