Cost Share Available For Reverse Osmosis Treatment
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with
the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.
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22-051 June 2022
LB 1014e Section 51: Reverse Osmosis
The American Rescue Plan Act of 2021 (ARPA), was signed into law by the President on March 11, 2021.
The State of Nebraska was allocated $1.04 billion of Coronavirus State Fiscal Recovery Funds, which in
part may be used to make necessary investments in water and sewer infrastructure. In the final rule
adopted for implementation of these funds, the U.S. Department of the Treasury aligned the eligible
uses of these funds with the wide range of types or categories of projects that would be eligible to
receive financial assistance through the Clean Water State Revolving Fund (CWSRF) or Drinking Water
State Revolving Fund (DWSRF). In Nebraska, the SRF programs are administered by Nebraska
Department of Environment and Energy (NDEE).
Signed into law by Governor Pete Ricketts on April 13, 2021, Section 51 of Legislative Bill No. 1014e
states that these funds are “…for grants for reverse osmosis systems, which shall only be used for such
purpose”. The narrative of the legislation further clarified that the NDEE “…shall provide grants for
villages and cities of the second class to install reverse osmosis systems in community water systems
where drinking water test levels are above ten parts per million of nitrate and, if appropriate, provide
grant funds for use to install reverse osmosis systems if test levels for nitrate in drinking water pumped
from private wells are above ten parts per million”
Reverse Osmosis treatment to remove nitrates from drinking water is eligible for assistance under the DWSRF, and therefore under ARPA. The ARPA final rule states that eligible projects can also include
rehabilitation of private wells, testing initiatives to identify contaminants in wells, and treatment
activities and remediation strategies that address contamination.
Total Funding Amounts: $4,000,000
Public Water Systems: $2,800,000
Property Owners: $1,200,000
Period of Availability: See requirements under specific programs below.
Who is Eligible:
• Villages and Cities of the Second Class (population 5,000 or below) with a community water
system where drinking water test levels are above ten parts per million (10 ppm) of nitrate.
• Property owners of private wells with drinking water test levels above 10 ppm of nitrate.[1][2]
1 To ensure that these funds provide a benefit to public health, private wells must be registered with the Nebraska Department of Natural Resources.
2 Private wells constructed in pits or using a sandpoint method of installation will be excluded from consideration due to the increased potential for coliform bacteria to be present in the well.
Eligible uses of funds:
• Reverse Osmosis treatment to remove nitrates from drinking water.
• Testing initiatives to identify contaminants in wells.
Application Procedure for Community Public Water Systems ($2,800,000 Total)
Funding Amount: To be determined as part of ranked choice evaluation process
Period of Availability: Application period closes September 30, 2022, with contracts for construction
needed by September 30, 2024 with substantial completion of construction by September 30, 2026
• Must submit a needs survey form to the SRF Section at NDEE by September 30, 2022. Forms will
be mailed out to all potentially eligible entities by July 22, 2022, based on the last five years of
testing data from the Department’s Safe Drinking Water Information System (SDWIS). SDWIS is
the database of record for implementing Nebraska’s Safe Drinking Water Act and all system
testing results indicating nitrates above 10 ppm are presently known.
• Cost impacts of operation and maintenance for any potential awardee will also be evaluated to
ensure that the local government entity is capable of meeting all technical, financial and
managerial aspects of operating a Reverse Osmosis treatment plant without unreasonable costs
being placed on its residents. Preference may be given to those communities that have
completed water studies of their system.
The NDEE will publicly notice the proposed the list of community public water systems eligible for this
Section 51 ARPA assistance for comment. After resolution of any comments received, the selected
applicants will be required to submit planning documents meeting the requirements of Title 179 – Public
Water Systems, Chapter 7 – Siting, Design and Construction of Public Water Systems, and where
applicable, those noted in the “Recommended Standards for Water Works”, 2007 Edition. These
standards are required of all public water system projects in the state.
The NDEE will enter into a contract with the community(ies) to provide the authorized grant assistance
up to the $2,800,000 for State Fiscal Year 2022-23 authorized in Section 51 of LB1014e. The contract
will contain provisions to ensure the funds meet the requirements of ARPA noted in the U.S.
Department of Treasury State and Local Fiscal Recovery Funds Final Rule (SLFRF-Final-Rule.pdf
(treasury.gov)), notably the Compliance and Reporting guidance (SLFRF Compliance and Reporting
Guidance (treasury.gov)). Additional information may be found at SLFRF-Final-Rule-FAQ.pdf
(treasury.gov). Projects must be completed in accordance with Title 179 – Chapter 7, to confirm all state
laws will be met. Those requirements will ensure nitrate levels in public water systems owned by
Villages and Cities of the Second Class are reduced to concentrations below 10 ppm in drinking water.
Should any of the contracts with the selected applicants exceed $1 million in capital expenditures,
written justification must be completed in accordance with the State and Local Fiscal Recovery Funds
Final Rule but is not required to be submitted to the U.S Treasury. (Page 201 of ARPA Final Rule)
The contracts will contain a clause that all work must be under contract for construction by September
30, 2024 for substantial completion by September 30, 2026. Should the contract date be missed by
communities, funds will be re-allocated to other awarded projects determined by the Department to
best meet the ARPA required dates of under contract by December 31, 2024 and construction
completed by December 31, 2026, respectively.
Procedure for Property Owners
Funding Amount: Up to $4,000 per small treatment installations via rebates
Period of Availability: Application period opens January 1, 2023 and closes June 30, 2024 with
installations needing to be completed by September 30, 2024
• Property owners will be eligible for rebates for small treatment installations, those effective for
the removal of nitrates above 10 ppm for up to 100 gallons of consumptive water use per day.
Minimum requirements for any treatment device are presented in Appendix A below. Should
applications exceed funding amounts, ranking will be based on concentration of nitrate.
• Information on the rebate program and applications for assistance will be made available at
http://dee.ne.gov/ – only complete applications will be accepted to maintain compliance with
ARPA requirements. A directional video to assist the public with the application process will be
posted on that webpage.
• Property owners seeking rebates will have to submit water quality data from the State
laboratory, with testing results dated no earlier than January 1, 2022, and a cost estimate from a
licensed plumber for the installation of a reverse osmosis treatment device certified by the
American National Standards Institute, to and for pre-approval by the NDEE. Testing is available
to any private citizen in the state at https://www.nebraska.gov/dhhs/water-testkits/private.html.
• Following pre-approval, the property owner must submit adequate documentation of the
treatment installation, including but not limited to proof of treatment device purchase, certified
statement of and/or photographs of installation. Rebates for 100% of the device purchase and
installation cost up to $4,000 will be processed by NDEE, which can also include costs for testing.
For this rebate program the NDEE will be responsible for documenting that the requirements of ARPA
noted in the U.S. Department of Treasury State and Local Fiscal Recovery Funds Final Rule (SLFRF-FinalRule.pdf (treasury.gov)), and notably those in the Compliance and Reporting guidance (SLFRF
Compliance and Reporting Guidance (treasury.gov)) are met. By relying on a licensed plumber, all state
and local laws will be met. The requirements in Appendix A will ensure nitrate levels in drinking water
from private wells are reduced to concentrations below 10 ppm.
ARPA funds must be under contract/purchase order for installation by the end of 2024. Therefore, the
application window will close on June 30, 2024 with installations needing to be completed by September
30, 2024. Any excess rebate program funds would be transferred to ongoing Community Public Water
System projects.
Appendix A
PRIVATE WELL INSTALLATION REQUIREMENTS
a. Treatment Systems Certification – Systems that are American National Standards
Institute (ANSI) certified (National Sanitation Foundation, Water Quality Association, or
Underwriters Laboratories) for removal of nitrates, and provide proof of that certification
to the Department.
b. Performance Indication Device – All devices must have a performance indication
device (PID) which alerts the user when the device is no longer meeting treatment
standards, and be calibrated to signal the customer prior to the device reaching its
exhaustion stage.
c. Confirmation Testing – After installation, all devices will have a sample collected from
and tested for nitrates at the State Laboratory. The results will be submitted to the
Department
West Knox Wellhead Protection Plan
NOTICE OF PUBLIC HEARING
WEST KNOX WELLHEAD PROTECTION PLAN
Public Hearing
August 24, 2-4 pm
ZCBJ Hall
401 S Main Street
Verdigre, NE 68783
This public hearing is being held to receive public feedback, provide information about the wellhead protection plan development process, why the plan is needed, and the best management practices associated with a wellhead protection area. The goal is to establish a recommended plan that is supported by the public and the LNNRD.
All interested persons are invited to attend and present relevant comments and questions. Project information will be available and personnel from the LNNRD and the consultant team will be present to answer questions and receive comments. A formal presentation will not be included as part of this public hearing. The information open house format allows the public to come at any time during the advertised hours, gather pertinent information about the project, speak one-on-one with project personnel, and leave as they wish.
LNNRD will make every reasonable accommodation to provide an accessible meeting facility for all persons. Appropriate provisions for the hearing and visually challenged or persons with Limited English Proficiency (LEP) will be made if the LNNRD is notified by August 1, 2022. The public is being encouraged to make suggestions or express concerns regarding this proposed project. Comments will be collected through August 24, 2022. Written comments or requests should be submitted to: Stacey Roach, Olsson, 601 P Street, Suite 200, Lincoln, NE 68508; sroach@olsson.com; telephone 402-458-5042.
Information regarding the proposed project (including the draft plan) has been made available on the project website at https://lnnrd.org/about/west-knox-rural-water/. For those without internet access, please contact the individual above.
ACE Camp Scholarship Winner
The Lower Niobrara NRD awarded John Wendt a scholarship to attend the Adventure Camp about the Environment (ACE Camp). ACE camp is 4 days packed full of exploring, learning and outdoor fun at the State 4-H Camp in Halsey, NE. The camp is for youths is for 6th, 7th, and 8th graders. The camps sessions are on Forestry, Water, Range, Soils and Wildlife. John Wendt is a son of Michael and Brenda Wendt from Bristow NE. John presented to the LNNRD board about is time spent at the camp. His favorite activity was making and launching bottle rockets which his team placed 2nd. There were approximately 70 kids that attended ACE camp this year. John stated that he really enjoyed the camp and is hoping to go next year.
Natural Resources Districts Reflect on 50 Years
For Immediate Release
Jan. 4, 2022
Contact
Megan Grimes, Public Relations Director
Office: 402.471.7672
Cell: 402.419.4235
mgrimes@nrdnet.org
Throughout 2022, Nebraska’s Natural Resources Districts (NRDs) will celebrate 50 years of protecting
lives, property and the future. During the next 12 months, the NRDs will commemorate breakthroughs
and achievements in conservation.
“In the past 50 years, NRDs have adapted while facing changes in technology, funding, legislation,
agencies and society,” said Jim Eschliman, Nebraska Association of Resources Districts president.
“Nebraska’s locally led conservation model has been a successful legacy because of our ability to adapt
to the local needs of our communities.”
After the devastation of the Dust Bowl, special purpose districts were developed to solve local soil and
water-related problems. But the puzzle of overlapping authorities and responsibilities provided
confusion at best.
In 1969, Senator Maurice Kremer introduced legislative bill 1357 to combine Nebraska’s 154 special
purpose entities into 24 Natural Resources Districts by July 1972. In 1989, The Middle Missouri
Tributaries NRD and the Papio NRD merged to become the Papio-Missouri River NRD resulting in today’s
23 Natural Resources Districts.
Today, Nebraska’s unique system of locally controlled, watershed-based conservation is widely admired
throughout the nation. In recent years, at least 11 states ranging from Washington to Arkansas and
Illinois to California, have inquired about applying a similar system for natural resources management.
Despite being the No. 1 irrigated state in the nation, Nebraska’s statewide groundwater levels have
been sustained at levels less than a foot below pre-irrigation development in the 1950s. In many areas,
groundwater levels are higher.
“Many states are facing massive groundwater declines with almost depleted aquifers,” Eschliman said.
“NRDs work with irrigators to monitor water use, establish groundwater recharge projects, and
implement water-wise programs. Depending on rainfall, Nebraska’s groundwater levels often rise above
pre-development levels.”
Across the state, NRDs construct projects, implement programs and offer a major source of assistance to
landowners in conservation and natural resources management. When necessary, they enact
regulations to protect our resources. While all NRDs share the 12 main responsibilities, each district sets
its own priorities and develops its own programs to best serve and protect Nebraska’s natural resources.
Eschliman noted that Nebraska’s NRDs will continue to build upon, refine, and adapt as they look to the
future.
“Conservation is something that impacts us all and we need to pitch in and be good stewards of our land
and water,” he said. “Locally elected NRD boards across the state are uniquely positioned in their
communities to help manage our natural resources for future generations.”
To join in the 50th anniversary celebration and follow the Natural Resources Districts’ special activities
throughout 2022, visit nrdnet.org and follow #Since1972 on social media.
The Nebraska Association of Resources Districts (NARD), the trade association for Nebraska’s 23 Natural
Resources Districts (NRD), works with individual districts to protect lives, property and the future of
Nebraska’s natural resources. NRDs are unique to Nebraska, and act as local government entities with
broad responsibilities to protect Nebraska’s natural resources. Major Nebraska river basins form the
boundaries of the 23 NRDs, enabling districts to respond to local conservation and resource management
needs. Learn more about Nebraska’s NRDs at www.nrdnet.org.
2021 New Irrigated Acre Parameters
For Immediate Release
Lower Niobrara NRD Board Votes for New Irrigated Acres
The Lower Niobrara Natural Resources District, Board of Directors, voted to allow up to 1000 approved, new ground water irrigated acres in the District at their June 4th meeting. The Lower Niobrara NRD will be accepting applications starting July 1st, 2021 and ending August 31st, 2021. An application will include a nonrefundable fee, an aerial photo of the property to be irrigated, location of all existing wells, location of proposed new well, a test hole log within 330 feet of the new well location, and must be submitted by the landowner. Each application will be ranked for soil, well, and ground water criteria according to the Rules and Regulations of the Lower Niobrara NRD. All applicants will be notified by October 31st, 2021 of their application approval or denial for new ground water irrigated acres. The maximum allowed approved new ground water irrigated acres per person or entity is 160 acres and will also follow the Rules and Regulations of the Lower Niobrara NRD.
You can find the 2021 new irrigated acre application on the website www.lnnrd.org or contact the Lower Niobrara Natural Resources District in Butte at (402) 775-2343 for an application or questions.
In accordance with our Integrated Management Plan, the Nebraska Department of Natural Resources (NDNR) can also allow new surface water irrigation appropriations for up to 333 acres. All surface water questions and applications should be submitted to NDNR.
Time is running out!!
