The Nebraska Department of Environment and Energy’s (NDEE) Drinking Water Program works proactively with the state’s public water systems (PWS) to ensure the water they provide meets standards set by the Safe Drinking Water Act.

But what happens if a water system’s equipment breaks? Or if a PWS’s sample indicates the water has too much of a certain contaminant?

Earlier in the All About Drinking Water series, we gave a broad overview of the state’s Drinking Water Program, discussed the role NDEE’s Drinking Water Engineers play when a new system goes online, covered the training drinking water operators are required to complete, explained the monitoring and testing PWSs are required to conduct, and outlined the ways the Field Services team helps PWSs face-to-face.

This article in our series will discuss actions NDEE and PWSs take when a system is out of compliance. These steps are important to keeping community members informed about the water they consume and providing safe drinking water.

PWSs and NDEE proactively work to mitigate risks within water systems. PWSs receive capacity development assistance from NDEE, which helps them strategize to ensure they have the technical, managerial, and financial capacity to provide safe and adequate drinking water to their customers. This assistance is meant to prevent violations and to help systems be prepared in case of necessary repairs.

In addition, NDEE’s Field Services team regularly conducts Routine Sanitary Surveys (RSS) at all PWSs. These surveys are a compliance tool used to identify deficiencies with a public water system that could compromise a system’s ability to provide safe drinking water. By conducting routine, complaint, and other inspections, deficiencies can be found and corrected before they become a problem. If deficiencies are identified during a survey or inspection, the system is notified via a Letter of Non-Compliance (LNC) requiring the system to address the deficiencies.

As discussed earlier in the All About Drinking Water series, PWSs are required to sample for contaminants in the drinking water they provide. Each contaminant has a maximum contaminant level (MCL) outlined in state regulations (Title 179 – Public Water Systems). If a water system has sample results that violate an MCL in Title 179, they will receive an LNC from NDEE. The letter will outline the drinking water standard that was violated and identify subsequent steps the PWS must take to correct the issue.

PWSs are required to inform the public when they have an MCL violation or have failed to address identified deficiencies in the system, through a public notice. The public notice must contain ten elements including but not limited to a description of the situation that led to a violation, any potential adverse health effects related to consumption of the contaminant, if alternate water supplies should be used, what actions consumers should take, and what is being done to correct the violation. In some cases, the PWS will provide alternate drinking water.

If the system does not or cannot come back into compliance after receiving an LNC, there are long term actions NDEE and the facility may take. NDEE may refer the matter for enforcement. Enforcement may include, but is not limited to, administrative orders or referrals to the Attorney General. The enforcement actions NDEE takes may vary depending on facts and circumstances.

To come back into compliance, a PWS may choose to initiate long-term projects, such as drilling a new well, or even building a water treatment plant.

Through these efforts, NDEE and PWSs work together to fix issues when they arise and continue providing drinking water for Nebraskans.