179 Neb. Admin. Code, ch. 4, § 012

Current through September 17, 2024

Section 179-4-012 - SPECIAL NOTICE FOR REPEATED FAILURE TO CONDUCT MONITORING OF THE SOURCE WATER FOR CRYPTOSPORIDUM AND FOR FAILURE TO DETERMINE BIN CLASSIFICATION OR MEAN CRYPTOSPORIDIUM LEVEL

012.01 When the special notice for repeated failure to monitor is to be given

The owner or operator of a community or non-community water system that is required to monitor source water under 179 NAC 25-004 must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any three months of monitoring as specified in 179 NAC 25-004.03. The notice must be repeated as specified in 179 NAC 4-005.02.

012.02 When the special notice for failure to determine bin classification or mean Cryptosporidium level is to be given

The owner or operator of a community or non-community water system that is required to determine a bin classification under 179 NAC 25-013, or to determine mean Cryptosporidium level under 179 NAC 25-015, must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed to report the determination as specified in 179 NAC 25-013.05 or 25-015.01, respectively. The notice must be repeated as specified in 179 NAC 4-005.02. The notice is not required if the system is complying with a Department-approved schedule to address the violation.

012.03 Form and manner of the special notice

The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in 179 NAC 4-005.03. The public notice must be presented as required in 179 NAC 4-007.03.

012.04 Mandatory language that must be contained in the special notice

The notice must contain the following language, including the language necessary to fill in the blanks.

1. The special notice for repeated failure to conduct monitoring must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We "did not monitor or test" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date).

For more information, please call (name of water system contact) or (name of water system) at (phone number.)

2. The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number).

3. Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

179 Neb. Admin. Code, ch. 4, § 012