179 Neb. Admin. Code, ch. 4, § 001 - SCOPE AND AUTHORITY

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.

2. Variances and exemptions under 179 NAC 6:

a. Operation under a variance or an exemption.

b. Failure to comply with the requirements of any schedule that has been set under a variance or exemption.

3. Special public notices:

a. Occurrence of a waterborne disease outbreak or other waterborne emergency.

b. Exceedance of the nitrate MCL by non-community water systems (NCWSs), where granted permission by the Director under 179 NAC 2-002.04A1.

c. Exceedance of the secondary maximum contaminant level (SMCL) for fluoride.

d. Availability of unregulated contaminant monitoring data.

e. Other violations and situations determined by the Director to require a public notice under 179 NAC 4, not already listed in Appendix A of 179 NAC 4.

Notes

179 Neb. Admin. Code, ch. 4, § 001

Amended effective 3/22/2016.