Section 179-12-006 - SOURCE WATER TREATMENT REQUIREMENTS Systems must complete the applicable source water monitoring and treatment requirements (described in the referenced portions of 179 NAC 12-006.02, 12-009, and 12-011) by the following deadlines.
006.01 Deadlines for Completing Source Water Treatment Steps 1.Step 1: A system exceeding the lead or copper action level must complete lead and copper source water monitoring (179 NAC 12-011.02 ) and make a treatment recommendation to the Director (179 NAC 12-006.02A) within six months after exceeding the lead or copper action level.2.Step 2: The Director must make a determination regarding source water treatment (179 NAC 12-006.02B) within six months after submission of monitoring results under step 1.3.Step 3: If the Director requires installation of source water treatment, the system must install the treatment (179 NAC 12-006.02C) within 24 months after completion of step 2.4.Step 4: The system must complete follow-up tap water monitoring (179 NAC 12-009.04B) and source water monitoring (179 NAC 12-011.03) within 36 months after completion of step 2.5.Step 5: The Director will review the system's installation and operation of source water treatment and specify maximum permissible source water levels (179 NAC 12-006.02D) within six months after completion of step 4.6.Step 6: The system must operate in compliance with the maximum permissible lead and copper source water levels specified by the Director (179 NAC 12-006.02D) and continue source water monitoring (179 NAC 12-011.04).006.02 Description of Source Water Treatment Requirements 12-006.02ASystem Treatment Recommendation: Any system which exceeds the lead or copper action level will recommend in writing to the Director the installation and operation of one of the source water treatments listed in 179 NAC 12-006.02B. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.12-006.02BDirector Determination Regarding Source Water Treatment: The Director will complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the Director determines that treatment is needed, the Director must either require installation and operation of the source water treatment recommended by the system (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Director requests additional information to aid in his/her review, the water system must provide the information by the date specified by the Director in his/her request. The Director must notify the system in writing of his/her determination and set forth the basis for his/her decision.12-006.02CInstallation of Source Water Treatment: Each system must properly install and operate the source water treatment designated by the Director under 179 NAC 12-006.02B12-006.02DDirector Review of Source Water Treatment and Specification of Maximum Permissible Source Water Levels: The Director must review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the Director. Based upon his/her review, the Director will designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels must reflect the contaminant removal capability of the treatment properly operated and maintained. The Director must notify the system in writing and explain the basis for his/her decision.12-006.02EContinued Operation and Maintenance: Each water system must maintain lead and copper levels below the maximum permissible concentrations designated by the Director at each sampling point monitored in accordance with 179 NAC 12-011. The system is out of compliance with 179 NAC 12-006.02E if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Director.12-006.02FModification of Director Treatment Decisions: Upon his/her own initiative or in response to a request by a water system or other interested party, the Director may modify his/her determination of the source water treatment under 179 NAC 12-006.02, or maximum permissible lead and copper concentrations for finished water entering the distribution system under 179 NAC 12-006.02D. A request for modification by a system or other interested party must be in writing, explain why the modification is appropriate, and provide supporting documentation. The Director may modify his/her determination where he/she concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A revised determination must be made in writing, set forth the new treatment requirements, explain the basis for the Director's decision, and provide an implementation schedule for completing the treatment modifications.179 Neb. Admin. Code, ch. 12, § 006