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NR 809.115(6)(a) (a) Department required confirmation samples. The department may require the collection of a confirmation sample where sample results indicate an exceedance of the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium. The confirmation sample shall be collected as soon as possible after the initial sample results were received, but not exceeding 2 weeks, at the same entry point.
NR 809.115(6)(b) (b) Mandatory confirmation samples. If nitrate or nitrite sampling results indicate an exceedance of the MCL, the water supplier shall take a confirmation sample within 24 hours of the water supplier's receipt of notification of the analytical results of the first sample. Water suppliers unable to comply with the 24-hour sampling requirement shall immediately notify the consumers served by the public water system in accordance with subch. VII and meet other Tier 1 public notification requirements under subch. VII. Water suppliers exercising this option shall take and analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.
NR 809.115(6)(c) (c) Averaging of confirmation samples. If a confirmation sample is required for any contaminant, the results of the original and the confirmation sample shall be averaged. The resultant average shall be used to determine the public water system's compliance in accordance with s. NR 809.117 (1).
NR 809.115(7) (7)Sampling frequency. The department may require more frequent monitoring than specified in subs. (2), (3), (4) and (5) and may require confirmation samples for positive and negative results at its discretion.
NR 809.115(8) (8)Increased monitoring. Water suppliers may apply to the department to conduct more frequent monitoring than the minimum monitoring frequencies specified in this section.
NR 809.115(9) (9)Designated sampling time. Each public water system shall be monitored during the month, quarter or year designated by the department during each compliance period for all monitoring required under subs. (2), (3), (4) and (5).
NR 809.115(10) (10)Sampling errors. The department may delete results of obvious sampling errors, or may require the collection of additional samples to determine whether the result is or is not in error.
NR 809.115 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (d), (2) (f) 2., (3) (intro.), (a), (b) Register March 2016 No. 723, eff. 4-1-16.
NR 809.117 NR 809.117 Compliance requirements for inorganic contaminants.
NR 809.117(1)(1)Compliance determinations. Compliance for inorganic contaminants shall be determined based on all of the following:
NR 809.117(1)(a) (a) Compliance with s. NR 809.11 shall be determined based on the analytical results obtained at each entry point. Any contaminant listed in s. NR 809.11 which is detected shall be quantified.
NR 809.117(1)(b) (b) For public water systems which are monitored more frequently than annually, compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium is determined by a running annual average at each entry point. If the average at any sampling point is greater than the MCL, then the public water system is out of compliance. If any one or more samples would cause the annual average to exceed an MCL, then the public water system is out of compliance immediately. Any sample below the reported method detection limit shall be calculated at zero for the purpose of determining the annual average. If a water supplier fails to collect the required number of samples, compliance shall be based on the total number of samples collected.
NR 809.117(1)(c) (c) For public water systems which are monitored annually, or less frequently, the public water system is out of compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium if the level of a contaminant at any entry point is greater than the MCL. If a confirmation sample is required by the department, compliance shall be based on the average of the 2 samples. If a water supplier fails to collect the required number of samples, compliance shall be based on the total number of samples collected.
NR 809.117(1)(d) (d) Compliance with the MCLs for nitrate, nitrite or combined nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels exceed a MCL in the initial sample, a confirmation sample is required in accordance with s. NR 809.115 (6) (b). Compliance shall be determined based on the average of the initial and confirmation samples.
NR 809.117(1)(e) (e) Arsenic sampling results shall be reported to the nearest 0.001 mg/L.
NR 809.117(1)(f) (f) Public water systems remain out of compliance with the MCLs for nitrate, nitrite, or combined nitrate and nitrite until the results of 4 consecutive quarterly samples do not exceed the MCL. The department may specify alternate means for returning to compliance with the MCLs for nitrate, nitrite, or combined nitrate and nitrite. Alternate compliance agreements shall be in writing.
NR 809.117(2) (2)Monitoring and reporting violations. Failure to monitor shall result in a monitoring and reporting violation.
NR 809.117(3) (3)Use of analytical results. The department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.
NR 809.117 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (f) Register March 2016 No. 723, eff. 4-1-16.
NR 809.118 NR 809.118 Sodium monitoring, reporting and notification requirements.
NR 809.118(1)(1)General. The water supplier for a community water system shall collect and analyze one sample per plant at the entry point to the distribution system for the determination of sodium concentration. Samples shall be collected and analyzed annually for public water systems utilizing surface water sources in whole or in part, and at least every 3 years for public water systems utilizing solely groundwater sources. The minimum number of samples required to be taken by the public water system shall be based on the number of plants used by the public water system, except that multiple wells drawing raw water from a single aquifer may, with department approval, be considered one plant for determining the minimum number of samples. The water supplier may be required by the department to collect and analyze water samples for sodium more frequently in locations where the sodium content is variable.
NR 809.118(2) (2)Department notification. The water supplier shall report to the department the results of the analyses for sodium concentration within the first 10 days of the month following the month in which the sample results were received or within the first 10 days following the end of the required monitoring period as stipulated by the department, whichever is first. If more than annual sampling is required, the water supplier shall report the average sodium concentration within 10 days of the month following the month in which the analytical results of the last sample used for the annual average was received.
NR 809.118(3) (3)Health officials notification. The water supplier shall notify appropriate local health officials of the sodium concentration by written notice by direct mail within 3 months of receipt of sample results. A copy of each notice required to be provided by this subsection and a list of health officials notified shall be sent to the department within 10 days of its issuance.
NR 809.118(4) (4)Analytical methods. Analyses for sodium shall be performed as prescribed in s. NR 809.113 (1), Table A.
NR 809.118 Note Note: A primary maximum contaminant level has not been established for sodium.
NR 809.118 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.
NR 809.119 NR 809.119 Materials identification for corrosivity characteristics. Suppliers of water for community water systems shall identify whether the following construction materials are present in their distribution system and report their findings to the department:
NR 809.119(1) (1)Lead from piping, solder, caulking, interior lining of distribution mains, alloys and home plumbing.
NR 809.119(2) (2)Copper from piping and alloys, service lines and home plumbing.
NR 809.119(3) (3)Galvanized piping, service lines and home plumbing.
NR 809.119(4) (4)Ferrous piping materials such as cast iron and steel.
NR 809.119(5) (5)Asbestos cement pipe.
NR 809.119(6) (6)Vinyl lined asbestos cement pipe.
NR 809.119(7) (7)Coal tar lined pipes and tanks.
NR 809.119 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.
NR 809.20 NR 809.20 Synthetic organic contaminant maximum contaminant levels and BATS.
NR 809.20(1)(1)Applicability. The following maximum contaminant levels for synthetic organic contaminants apply to community water systems and non-transient non-community water systems. - See PDF for table PDF
NR 809.20(2) (2)Best available treatment. The following are the BATs available for achieving compliance with the maximum contaminant levels for the organic contaminants listed in sub. (1):
NR 809.20(2)(a) (a) Central treatment using granular activated carbon, except for glyphosate.
NR 809.20(2)(b) (b) Packed tower aeration for dibromochloropropane, di(2-ethylhexyl)adipate, ethylene dibromide, and hexachlorocyclopentadiene.
NR 809.20(2)(c) (c) Oxidation for glyphosate.
NR 809.20(3) (3)Alternative treatment. A water supplier may use an alternative treatment not listed in sub. (2) if it is demonstrated to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub. (1).
NR 809.20 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.
NR 809.203 NR 809.203 Analytical requirements for synthetic organic contaminants.
NR 809.203(1)(1)Detection limits. Detection as used in this section shall be defined as greater than or equal to the following concentrations for each contaminant: - See PDF for table PDF
NR 809.203(2) (2)Analytical methods. Analysis for the synthetic organic contaminants listed in s. NR 809.20 shall be conducted using the methods prescribed in Table CM. - See PDF for table PDF
2 Accurate determination of the chlorinated esters requires hydrolysis of the sample as described in EPA Methods 515.1, 515.2, 515.3, 515.4 and 555 and ASTM Method D 5317-93, 98 (Reapproved 2003).
3 Substitution of the detector specified in Method 505, 507, 508, or 508.1 for the purpose of achieving lower detection limits is allowed as follows: Either an electron capture or nitrogen phosphorus detector may be used provided all regulatory requirements and quality control criteria are met.
4 This method may not be used for the analysis of atrazine in any system where chlorine dioxide is used for drinking water treatment. In samples from all other systems, any result generated by Method AG-625 that is greater than one-half the maximum contaminant level (MCL) (in other words, greater than 0.0015 mg/L or 1.5 ìg/L) must be confirmed using another approved method for this contaminant and should use additional volume of the original sample collected for compliance monitoring. In instances where a result from Method AG-625 triggers such confirmatory testing, the confirmatory result is to be used to determine compliance.
5 Method 6610 shall be followed in accordance with the “Supplement to the 18th edition of Standard Methods for the Examination of Water and Wastewater", 1994, or with the 19th edition of Standard Methods for the Examination of Water and Wastewater, 1995, APHA; either publication may be used. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 USC 552 (a) and 1 CFR Part 51. Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, N.W., Washington, D.C., 2005. Other required analytical test procedures germane to conducting these analyses are contained in Technical Notes on Drinking Water Methods, EPA/600/R-94-173, October 1994, NTIS PB95-104766.
6 Method 6651 shall be followed in accordance with the “Standard Methods for the Examination of Water and Wastewater", 18th Edition, 1992, and 19th edition, 1995, American Public Health Association. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR Part 51. Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, N.W., Washington, D.C., 20005.
7 Method 505 or 508 can be used as a screen for PCBs. Method 508A shall be used to quantitate PCBs as decachlorobiphenyl if detected in Method 505 or 508. PCBs are qualitatively identified as Aroclors and measured for compliance purposes as decachlorobiphenyl
8 A nitrogen-phosphorus detector should be substituted for the electron capture detector in Method 505 (or a different approved method should be used) to determine alachlor, atrazine and simizine, if lower detection limits are required.
9 Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), 20th edition (1998), 21 st edition (2005), 22nd edition (2012). Available from American Public Health Association, 800 I Street, NW., Washington, DC, 20001-3710.
10Standard Methods online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.
NR 809.203(3) (3)PCB analysis. Analysis for PCBs shall be conducted as follows:
NR 809.203(3)(a) (a) Each water supplier that monitors for PCBs shall have each sample analyzed by a laboratory certified under ch. NR 149 using Method 505, 508, 508.1 or 525.2 as specified in Table CM and must achieve the required detection limits in this subsection.
NR 809.203(3)(b) (b) If one or more of 7 PCB Aroclors are detected as designated in this paragraph in any sample analyzed using Methods 505 and 508, the sample shall be reanalyzed using Method 508A to quantitate PCBs as decachlorobiphenyl.
NR 809.203(3)(c) (c) Compliance with the PCB MCL shall be determined based upon the quantitative results of analyses using Method 508A. - See PDF for table PDF
NR 809.203(4) (4)Sample collection. Samples shall be collected using containers and preservatives, and meeting the holding times specified in Table D. When an approved method that is not included in Table D is used to analyze samples, samples shall be collected using containers and preservatives, and meeting the holding times specified in the approved method. In all cases, samples should be analyzed as soon after collection as possible. - See PDF for table PDF
1 Polytetrafluoroethylene. Teflon is a brand name of a PTFE product.
2 Chlorinated samples need to be dechlorinated at the time of collection. Samplers should follow the dechlorinating procedures contained in the approved methods.
NR 809.203(5) (5)Laboratory certification. Analyses under this section shall only be conducted by laboratories that have received certification under ch. NR 149 or have been approved by EPA.
NR 809.203 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (2), renum. (2) Table C to Table CM and am, am. (3) (a), (4) (intro.), r. and recr. (4) Table D Register March 2016 No. 723, eff. 4-1-16.
NR 809.205 NR 809.205 Monitoring requirements for synthetic organic contaminants.
NR 809.205(1)(1)General. Water suppliers for community and non-transient non-community water systems shall monitor for the synthetic organic contaminants listed in s. NR 809.20 for the purposes of determining compliance with the maximum contaminant levels as follows:
NR 809.205(1)(a) (a) Groundwater sources shall be sampled under normal operating conditions at every entry point to the distribution system which is representative of each well after treatment. Each sample shall be taken at the same location unless, if approved by the department, conditions make another sampling location more representative of each source or treatment plant.
NR 809.205(1)(b) (b) Surface water sources or combined surface water and groundwater sources shall be sampled at each entry point to the distribution system after treatment, or at locations in the distribution system that are representative of each source after treatment. Each sample shall be taken at the same sampling location unless, if approved by the department, conditions make another sampling location more representative of each source or treatment plant.
NR 809.205(1)(c) (c) If the public water system draws water from more than one source and the sources are combined before distribution, the public water system shall be sampled at an entry point to the distribution system during periods of normal operating conditions when water representative of all sources is being used.
NR 809.205(1)(d) (d) The water supplier for all new public water systems or for public water systems that use a new source of water that begin operation after January 22, 2004 shall demonstrate compliance with the MCLs specified in s. NR 809.20 in accordance with the requirements in this section. The water supplier shall also comply with the initial sampling frequencies specified by the department to ensure the public water system can demonstrate compliance with the MCLs. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this section.
NR 809.205(2) (2)Monitoring frequency for synthetic organic contaminants. Water suppliers shall monitor to determine compliance with the maximum contaminant level for synthetic organic contaminants specified in s. NR 809.20 at the following frequencies:
NR 809.205(2)(a) (a) Initial monitoring. Water suppliers for new community public water systems or for community public water systems with new sources shall demonstrate compliance with the MCLs listed under s. NR 809.20 for synthetic organic contaminants prior to initiating water service. Water suppliers for each community and non-transient, non-community water system shall take 4 consecutive quarterly samples for each contaminant listed in s. NR 809.20 beginning with the year the public water system initiates water service, or a new source is put into service, and every compliance period after that unless they meet the requirements of par. (b).
NR 809.205(2)(b) (b) Routine monitoring. Sampling may be reduced to routine monitoring after the initial monitoring period as follows:
NR 809.205(2)(b)1. 1. Public water systems serving greater than 3,330. Public water systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of 2 quarterly samples in one year during each repeat compliance period.
NR 809.205(2)(b)2. 2. Public water systems serving 3,300 or less. Public water systems serving 3,300 persons or less which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.
NR 809.205(3) (3)Waiver request. Water suppliers for community and non-transient non-community systems or groundwater systems with new sources may apply to the department for a waiver from the requirements of sub. (2) for the contaminants listed under s. NR 809.20. A water supplier shall reapply for a waiver for each compliance period.
NR 809.205(4) (4)Waiver evaluation. The department may grant a waiver from the requirements of sub. (2) after evaluating the factors listed in this subsection:
NR 809.205(4)(a) (a) Waiver evaluation when the department determines a contaminant has not been used. The department may grant a waiver as described in subds. 1. to 3. of this paragraph when the department determines a contaminant has not been used based on a system's previous use information, including transport, storage or disposal of the contaminant within the watershed or zone of influence of the public water system, or the results of analysis of a system's water source.
NR 809.205(4)(a)1. 1. When a groundwater system can demonstrate that a synthetic organic contaminant has not been used, the department may grant waivers for the contaminant based on results of the analysis of a minimum of one sample at the water source, except as noted in subd. 2. of this paragraph.
NR 809.205(4)(a)2. 2. The department may grant waivers to ground water systems for dioxin, PCBs, di(2-ethylhexyl)adipate, and di(2-ethylhexyl)phthalate without requiring analysis of the water source, if the system can demonstrate lack of use of the contaminant.
NR 809.205(4)(a)3. 3. The department may grant waivers for benzo(a)pyrene to ground water, surface water, and GWUDI systems without requiring analysis of the water source, if the system can demonstrate a lack of use of coal tar to line or seal a system's tanks or pipes.
NR 809.205(4)(b) (b) Waiver evaluation when a contaminant has been used or its use is unknown. If previous use of the contaminant is unknown or it has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:
NR 809.205(4)(b)1. 1. Previous analytical results.
NR 809.205(4)(b)2. 2. The proximity of the public water system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.
NR 809.205(4)(b)3. 3. The environmental persistence and transport of the pesticide or PCBs.
NR 809.205(4)(b)4. 4. How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.
NR 809.205(4)(b)5. 5. Elevated nitrate levels at the water supply source.
NR 809.205(4)(b)6. 6. Use of PCBs in equipment used in the production, storage or distribution of water such as pumps and transformers.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.