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Chloromethane
Chloroethane
o-Chlorotoluene
p-Chlorotoluene
Dibromomethane
m-Dichlorobenzene
1,1-Dichloropropene
1,1-Dichloroethane
1,3-Dichloropropane
2,2-Dichloropropane
1,3-Dichloropropene
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
1,2,3-Trichloropropane
1,2,4-Trimethylbenzene
1,2,3-Trichlorobenzene
n-Propylbenzene
n-Butylbenzene
Naphthalene
Hexachlorobutadiene
1,3,5-Trimethylbenzene
p-Isopropyltoluene
Isopropylbenzene
Tert-butylbenzene
Sec-butylbenzene
Fluorotrichloromethane
Dichlorodifluoromethane
Bromochloromethane
Methyl-t-butyl ether (MTBE)
NR 809.25(1)(f) (f) List of unregulated synthetic organic contaminants:
Aldrin
Aldicarb
Aldicarb Sulfoxide
Aldicarb Sulfone
Butachlor
Carbaryl
Dicamba
Dieldrin
3-Hydroxycarbofuran
Methomyl
Metolachlor
Metribuzin
Propachlor
NR 809.25(1)(g) (g) Analysis under this section shall be conducted by a laboratory certified under ch. NR 149 using EPA methods 502.2, 524.2, 524.3, 551.1 for contaminants listed in par. (e) and EPA methods listed in s. NR 809.203, Table CM for contaminants listed in par. (f).
NR 809.25(2) (2)Sulfate monitoring. Monitoring for sulfate shall be conducted as required by the department.
NR 809.25(3) (3)Reporting requirements. Reporting requirements under this section shall be as required under s. NR 809.80.
NR 809.25(4) (4)Treatment techniques for acrylamide and epichlorohydrin. In lieu of MCLs and monitoring for acrylamide and epichlorohydrin, the following treatment techniques and reporting are required. Each water supplier for public water system shall certify annually in writing to the department using third party or manufacturer's certification, that when acrylamide and epichlorohydrin are used in the treatment of drinking water, the combination, or product, of dose and monomer level does not exceed the levels specified as follows:
NR 809.25(4)(a) (a) Acrylamide = 0.05% dosed at 1 ppm or equivalent.
NR 809.25(4)(b) (b) Epichlorohydrin = 0.01% dosed at 20 ppm or equivalent.
NR 809.25(4)(c) (c) A water supplier may rely on certification from manufacturers or third parties, as approved by the department.
NR 809.25 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (g) Register March 2016 No. 723, eff. 4-1-16.
NR 809.30 NR 809.30 Distribution system microbiological contaminant maximum contaminant levels. The following are the maximum contaminant levels for coliform bacteria applicable to public water systems.
NR 809.30(1) (1)MCL for escherichia coli (E. Coli ).
NR 809.30(1)(a)(a) The MCL for E. coli is exceeded if any of the following occurs:
NR 809.30(1)(a)1. 1. The public water system has an E. coli-positive repeat sample following a total coliform-positive routine sample.
NR 809.30(1)(a)2. 2. The public water system has a total coliform-positive repeat sample following an E. coli-positive routine sample.
NR 809.30(1)(a)3. 3. The public water system fails to take all required repeat samples following an E. coli-positive routine sample.
NR 809.30(1)(a)4. 4. The public water system fails to test for E. coli when any repeat sample tests positive for total coliform.
NR 809.30(1)(b) (b) For purposes of public notification requirements in subch. VI, this is a violation that may pose an acute risk to health.
NR 809.30(2) (2)Determining compliance. The water supplier for a public water system shall determine compliance with the MCL for E. coli in sub. (1) for each monitoring period in which the public water system is required to monitor for total coliforms.
NR 809.30(3) (3)Corrective action. The water supplier shall initiate action to identify the cause of the positive bacteriological sample results and to eliminate potential health hazards which may exist in the public water system when monitoring pursuant to sub. (1) shows the presence of any coliform organisms.
NR 809.30(4) (4)heterotrophic bacteria limits. If heterotrophic bacterial plate counts on water distributed to the consumer exceed 500 organisms per milliliter, the department shall determine if the bacterial count is of public health or nuisance significance and may require appropriate action.
NR 809.30(5) (5)best available treatment techniques. Any of the following are best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant level for E. coli in sub. (1):
NR 809.30(5)(a) (a) Protection of wells from fecal contamination by appropriate placement and construction.
NR 809.30(5)(b) (b) Maintenance of a disinfectant residual throughout the distribution system.
NR 809.30(5)(c) (c) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross connection control, and continual maintenance of positive water pressure in all parts of the distribution system.
NR 809.30(5)(d) (d) Filtration and disinfection of surface water, or disinfection of groundwater using strong oxidants such as chlorine, chlorine dioxide or ozone.
NR 809.30(5)(e) (e) The development and implementation of a department-approved wellhead protection program.
NR 809.30 Note Note: The basic purpose of a wellhead protection program is to restrict potentially polluting activities near wells and well fields and within recharge areas of aquifers supplying water to these wells. In general, activities are more restricted close to the well and less so farther away.
NR 809.30(6) (6)Affordability determination. The EPA identifies the technology, treatment techniques, or other means available identified in sub. (5) as affordable technology, treatment techniques, or other means available to systems serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for E. coli in sub. (1).
NR 809.30 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: r. and recr. (1), r. (2), renum. (3) and (4) to (2) and (3) and am., renum. (5) to (4), renum. (6) to (5) and am. (intro.), (a), (c), cr. (6) Register March 2016 No. 723, eff. 4-1-16; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.
NR 809.31 NR 809.31 Distribution system microbiological contaminant monitoring requirements.
NR 809.31(1)(1)Routine and reduced monitoring.
NR 809.31(1)(a) (a) Monitoring site plans. Water suppliers for all public water systems shall collect total coliform samples at sites which are representative of water throughout the distribution system according to a written sample siting plan. These plans are subject to department review and revision. Monitoring required by this section and s. NR 809.32 may take place at a customer's premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of s. NR 809.325 shall be identified in the sampling plan.
NR 809.31(1)(ag) (ag) Action after total coliform positive sample. Following any total coliform-positive sample taken under the provisions of this section, water suppliers shall comply with the repeat monitoring requirements and E. coli analytical requirements in subs. (2) and (5).
NR 809.31(1)(ar) (ar) Transition from total coliform rule to revised total coliform rule.
NR 809.31(1)(ar)1.1. Water suppliers of public water systems, including seasonal systems, shall continue to monitor according to the total coliform monitoring schedules that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in sub. (3) (a) are triggered on or after April 1, 2016, or unless otherwise directed by the department.
NR 809.31(1)(ar)2. 2. Beginning April 1, 2016, the department shall perform a special monitoring evaluation during each sanitary survey to review the status of each public water system, including the distribution system, to determine whether the public water system is on an appropriate monitoring schedule. After the department has performed the special monitoring evaluation during each sanitary survey, the department may modify the public water system's monitoring schedule, as necessary, or it may allow the public water system to stay on its existing monitoring schedule, consistent with the provisions of this section. The department may not allow public water systems to begin less frequent monitoring under the special monitoring evaluation unless the public water system has already met the applicable criteria for less frequent monitoring in this section. For seasonal systems on quarterly or annual monitoring, this evaluation shall include review of the approved sample siting plan, which shall designate the time period(s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The water supplier of the seasonal system shall collect compliance samples during these time periods.
NR 809.31(1)(b) (b) Monitoring frequency at community water systems. Water suppliers for community water systems shall take water samples for coliform determination at regular intervals, and in a number proportionate to the population served by the community water system. Water suppliers required to collect multiple samples each month shall sample at geographically representative locations and on dates evenly spaced during the month. The minimum sampling frequency shall be as set forth in the following table: - See PDF for table PDF
NR 809.31(1)(c) (c) Monitoring frequency for coliforms at non-community water systems. The monitoring frequency for total coliforms for non-community water systems, notwithstanding pars. (dg) and (dr), is as follows:
NR 809.31(1)(c)1. 1. A water supplier for a non-community water system using only groundwater and serving 1,000 persons per day or fewer shall monitor each calendar quarter that the non-community water system provides water to the public.
NR 809.31(1)(c)2. 2. A water supplier for a non-community water system using only groundwater and serving on average more than 1,000 persons per day for any month shall monitor at the same frequency as a like-sized community water system, as specified in par. (b), except that the department may reduce the monitoring frequency, in writing, for any month the average daily population served is 1,000 persons or fewer per day.
NR 809.31(1)(c)3. 3. A water supplier for a non-community water system using surface water, or groundwater under the direct influence of surface water as defined in s. NR 809.04 (40), in total or in part, shall monitor at the same frequency as a like-sized municipal community water system, as specified in par. (b). GWUDI public water systems shall begin monitoring at this frequency beginning 6 months after the department determines that the groundwater source is under the direct influence of surface water.
NR 809.31(1)(c)4. 4. The water supplier for a transient non-community water system serving a school shall sample for coliform bacteria in each calendar quarter during which the public water system provides water to the public, unless the department, on the basis of sub. (2m), determines that more frequent monitoring is appropriate. Transient non-community systems serving schools are not eligible for reduced monitoring under par. (dg) of this section.
NR 809.31(1)(de) (de) Annual site visits. Beginning no later than calendar year 2017, transient non-community systems on annual monitoring, including seasonal systems, shall have an initial and recurring annual site visit by the department that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in s. NR 809.313 (2) to remain on annual monitoring. The periodic required sanitary survey may be used to meet the requirement for an annual site visit for the year in which the sanitary survey was completed. Transient non-community systems with little-to-no distribution system may, at the discretion of the department, be exempt from the annual site visit requirements in this section, and still remain on annual monitoring.
NR 809.31(1)(dg) (dg) Criteria for annual monitoring at transient non-community systems. Beginning April 1, 2016, the department may reduce the monitoring frequency for a well-operated transient non-community ground water system serving 1,000 persons per day or fewer from quarterly routine monitoring to no less than annual monitoring, if the transient non-community system demonstrates that it meets the criteria for reduced monitoring in subds. 1. to 4., except for a transient non-community system that has been on increased monitoring under the provisions of sub. (2m). A transient non-community system on increased monitoring under sub. (2m) shall meet the provisions of sub. (2m) (b) to go to quarterly monitoring and shall meet the provisions of sub. (2m) (c) to go to annual monitoring.
NR 809.31(1)(dg)1. 1. The transient non-community system has a clean compliance history for a minimum of 12 months.
NR 809.31(1)(dg)2. 2. The most recent sanitary survey shows that the transient non-community system is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets approved construction standards.
NR 809.31(1)(dg)3. 3. The department has conducted an annual site visit within the last 12 months and the water supplier has corrected all identified sanitary defects. A Level 2 assessment that meets the criteria in s. NR 809.313 (2) may be substituted for the department annual site visit.
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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.