179 Neb. Admin. Code, ch. 8, § 006

Current through September 17, 2024

Section 179-8-006 - TREATMENT TECHNIQUE REQUIREMENTS FOR GROUND WATER SYSTEMS

006.01 Ground Water Systems with Significant Deficiencies or Source Water Fecal Contamination

8-006.01A The treatment technique requirements of 179 NAC 8-006 must be met by ground water systems when the Department identifies a significant deficiency or when a ground water source sample collected under 179 NAC 8-005.01C is fecal indicator-positive.

8-006.01B If directed by the Department, a ground water system with a ground water source sample collected under 179 NAC 8-005.01B, 8-005.01D, or 8-005.02 that is fecal indicator-positive must comply with the treatment technique requirements of 179 NAC 8-006.

8-006.01C When the Department identifies a significant deficiency at a surface water or ground water under the direct influence of surface water public water system that uses both ground water and surface water or ground water under the direct influence of surface water, the system must comply with provisions of this paragraph except in cases where the Department determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water.

8-006.01D Unless the Department directs the ground water system to implement a specific corrective action, the ground water system must consult with the Department regarding the appropriate corrective action within 30 days of receiving written notice from the Department of a significant deficiency, written notice from a laboratory that a ground water source sample collected under 179 NAC 8-005.01C was found to be fecal indicator-positive, or direction from the Department that a fecal indicator-positive sample collected under 179 NAC 8-005.01B, 8-005.01D, or 8-005.02 requires corrective action. For the purposes of this chapter, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Department determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

8-006.01E Within 120 days (or earlier if directed by the Department) of receiving written notification from the Department of a significant deficiency, written notice from a laboratory that a ground water source sample collected under 179 NAC 8-005.01C was found to be fecal indicator-positive, or direction from the Department that a fecal indicator-positive sample collected under 179 NAC 8-005.01B, 8-005.01D, or 8-005.02 requires corrective action, the ground water system must either:

1. Have completed corrective action in accordance with applicable Department plan review processes or other Department guidance or direction, if any, including Department-specified interim measures; or

2. Be in compliance with a Department-approved corrective action plan and schedule subject to the following conditions:

a. Any subsequent modifications to a Department-approved corrective action plan and schedule must also be approved by the Department.

b. If the Department specifies interim measures for protection of the public health pending Department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system must comply with these interim measures as well as with any schedule specified by the Department.

8-006.01FCorrective Action Alternatives: Ground water systems that meet the conditions of 179 NAC 8-006.01A or 8-006.01B must implement one or more of the following corrective action alternatives:

1. Correct all significant deficiencies;

2. Provide an alternate source of water;

3. Eliminate the source of contamination; or

4. Provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Department-approved combination of a 4-log virus inactivation and removal) before or at the first customer for the ground water source.

8-006.01GSpecial Notice to the Public of Significant Deficiencies or Source Water Fecal Contamination

8-006.01G1 In addition to the applicable public notification requirements of 179 NAC 4-004, a community ground water system that receives notice from the Department of a significant deficiency or notification of a fecal indicator-positive ground water source sample that is not invalidated by the Department under 179 NAC 8-005.04 must inform the public served by the water system under 179 NAC 14-004.08A item 6 of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The system must continue to inform the public annually until the significant deficiency is corrected or the fecal contamination in the ground water source is determined by the Department to be corrected under 179 NAC 8-006.01E.

8-006.01G2 In addition to the applicable public notification requirements of 179 NAC 4-004, a non-community ground water system that receives notice from the Department of a significant deficiency must inform the public served by the water system in a manner approved by the Department of any significant deficiency that has not been corrected within 12 months of being notified by the Department, or earlier if directed by the Department. The system must continue to inform the public annually until the significant deficiency is corrected. The information must include:

1. The nature of the significant deficiency and the date the significant deficiency was identified by the Department.

2. The Department-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed; and

3. For systems that have a population with 5% or more non-English speaking consumers, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

8-006.01G3 If directed by the Department, a non-community water system with significant deficiencies that have been corrected must inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction under 179 NAC 8-006.01G2.

006.02 Compliance Monitoring

8-006.02AExisting Ground Water Sources: A ground water system that is not required to meet the source water monitoring requirements of this chapter for any ground water source because it provides 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 must conduct compliance monitoring as required under 179 NAC 8-006.02C. If the system discontinues 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 a ground water source, it must conduct ground water source monitoring as required under 179 NAC 8-005.

8-006.02BNew Ground Water Sources: A ground water system that places a ground water source in service after December 22, 2012, that is not required to meet the source water monitoring requirements of this chapter because the system provides 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 the ground water source must comply with the following requirements:

1. The system must notify the Department in writing that it provides 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 the ground water source. Notification to the Department must include engineering, operational, or other information that the Department requests to evaluate the submission.

2. The system must conduct compliance monitoring as required under 179 NAC 8-006.02C within 30 days of placing the source in service.

3. The system must conduct ground water source monitoring under 179 NAC 8-005 if the system subsequently discontinues 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 the ground water source.

8-006.02CMonitoring Requirements: A ground water system subject to the requirements of 179 NAC 8-006.01, 8-006.02A, or 8-006.02B must monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows:

1.Chemical Disinfection

a.Ground water systems serving greater than 3,300 people: A ground water system that serves greater than 3,300 people must continuously monitor the residual disinfectant concentration using analytical methods incorporated in 179 NAC 13-007.01B at a location approved by the Department and must record the lowest residual disinfectant concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Department-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. If there is a failure in the continuous monitoring equipment, the ground water system must conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The system must resume continuous residual disinfectant monitoring within 14 days.

b.Ground water systems serving 3,300 or fewer people: A ground water system that serves 3,300 or fewer people must monitor the residual disinfectant concentration using analytical methods incorporated in 179 NAC 13-007.01B at a location approved by the Department and record the residual disinfection concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Department-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. The ground water system must take a daily grab sample during the hour of peak flow or at another time specified by the Department. If any daily grab sample measurement falls below the Department-determined residual disinfectant concentration, the ground water system must take follow-up samples every four hours until the residual disinfectant concentration is restored to the Department-determined level. Alternatively, a ground water system that serves 3,300 or fewer people may monitor continuously and meet the requirements of 179 NAC 8-006.02C item 1.a.

2.Membrane Filtration: A ground water system that uses membrane filtration to meet the requirements of this chapter must monitor the membrane filtration process in accordance with all Department-specified monitoring requirements and must operate the membrane filtration in accordance with all Department-specified compliance requirements. A ground water system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when:

a. The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

b. The membrane process is operated in accordance with Department-specified compliance requirements; and

c. The integrity of the membrane is intact.

3.Alternative Treatment: A ground water system that uses a Department-approved alternative treatment to meet the requirements of this chapter by providing 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 must:

a. Monitor the alternative treatment in accordance with all Department - specified monitoring requirements; and

b. Operate the alternative treatment in accordance with all compliance requirements that the Department determines to be necessary to achieve at least 4-log treatment of viruses.

006.03 Discontinuing Treatment

A ground water system may discontinue 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 a ground water source if the Department determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring requirements of 179 NAC 8-005 and the analytical methods incorporated in 179 NAC 8-005.

006.04 Failure to meet the monitoring requirements of 179 NAC 8-006.02 is a monitoring violation and requires the ground water system to provide public notification under 179 NAC 4-006.

179 Neb. Admin. Code, ch. 8, § 006