179 Neb. Admin. Code, ch. 4, § 004

Current through September 17, 2024

Section 179-4-004 - TIER 1 PUBLIC NOTICE - FORM, MANNER AND FREQUENCY OF NOTICE

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.

004.03 Form and Manner of the Public Notice

Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system are to fit the specific situation, but must be designed to reach residential, transient, and non-transient users of the water system. In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery:

1. Appropriate broadcast media (such as radio and television);

2. Posting of the notice in conspicuous locations throughout the area served by the water system;

3. Hand delivery of the notice to persons served by the water system; or

4. Another delivery method approved in writing by the Director.

179 Neb. Admin. Code, ch. 4, § 004