City of Lexington

Section 303(d) of the federal Clean Water Act (CWA), enacted by Congress nearly four decades ago, requires states, territories, and authorized tribes to identify and prioritize waterbodies where technology-based effluent limitations under section 301 are insufficient to maintain applicable water quality standards.

After identification, states must establish total maximum daily loads (TMDLs) for pollutants causing impairment in these waterbodies, and periodically submit updated lists of impaired waterbodies and TMDLs to the U.S. Environmental Protection Agency (EPA). These requirements apply to all waterbodies regardless of whether impairment comes from point sources, non-point sources, or both (Pronsolino v. Marcus, 2000 WL 356305 (N.D. Cal. March 30, 2000)).

EPA issued regulations governing impaired waterbody identification and TMDL establishment in 40 CFR 130.7 in 1985, with modifications in 1992 and 2000. However, on March 19, 2003, a final rule formally withdrawing the 2000 regulations was published in the Federal Register. Therefore, the 2018 impaired water listing follows the 1985 TMDL regulations as amended in 1992.

Section 305(b) of the CWA directs states to prepare biennial reports describing water quality status and trends, extent of designated use support, pollution problems and sources, and effectiveness of water pollution control programs. Section 314 requires each Section 305(b) submission to include an assessment of publicly-owned lakes' water quality trends, including point and non-point source impacts from toxins, conventional pollutants, and acidification.

On March 21, 2011, EPA provided guidance for 2012 waterbody assessments and reporting requirements under CWA Sections 303(d), 305(b), and 314. While no new guidance was issued for 2018 assessments, on October 20, 2017, EPA distributed a memo titled "Information Concerning 2018 Clean Water Act Sections 303(d), 305(b), and 314 Integrated Reporting and Listing Decisions."

The resulting product is again referred to as an "Integrated Report," with EPA's goal being to provide the public with a comprehensive overview of state and national water quality. NDEQ has chosen to prepare this report not only for public information but also for water quality management planning purposes (e.g., future monitoring, TMDL development, best management practice implementation).

To facilitate assessment and address these needs, the Department prepared and utilized "Methodologies for Waterbody Assessment and Developing the 2018 Integrated Report for Nebraska" (available on NDEQ's website at http://deq.ne.gov), which outlines the step-by-step process for surface waterbody characterization.

1. Automatic Water Bill Payment is now available through our Automatic Bill Payments Form, which enables you to pay your monthly bill through automated bank drafts.
2. Commercial Water Service forms are available in PDF format for businesses seeking water service connections in Lexington.
3. Notifications can be set up through our Notify Me tool to receive email alerts about website changes and important announcements.
4. Residential Water Service application forms are available online for Lexington residents needing to establish water service at their homes.
5. Vacation Watch program is offered by the Lexington Police Department for residents concerned about their property's security while away on vacation.