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NR 809.31(7) (7)Heterotrophic plate counts. At all waterworks which have a potential for high total bacteria levels because of the water quality, the method of treatment, chemical addition or other cause, the department may require heterotrophic plate counts pursuant to an established schedule. Analyses shall be conducted in accordance with the analytical requirements in s. NR 809.311 (1), Table F.
NR 809.31(9) (9)Monitoring Violation.
NR 809.31(9)(a) (a) Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.
NR 809.31(9)(b) (b) Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.
NR 809.31(10) (10)Reporting Violation.
NR 809.31(10)(a) (a) Failure to submit a monitoring report or completed assessment form after a water supplier properly conducts monitoring or assessment in a timely manner is a reporting violation.
NR 809.31(10)(b) (b) Failure to notify the department following an E. coli-positive sample as required by sub. (4) in a timely manner is a reporting violation.
NR 809.31(10)(c) (c) Failure to submit certification of completion of department-approved start-up procedure by a seasonal system is a reporting violation.
NR 809.31 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (title), (a), cr. (1) (ag), (ar), renum. (1) (b) 1. to (b) and am., r. (1) (b) 2., renum. (1) (c) to (d) 4. and am., renum. (1) (d) to (c) and am., cr. (1) (de), (dg), (dr), am. (1) (e), cr. (1) (eg), (er), am. (1) (f), (g), (2) (a), renum. (2) (b) to (b) (intro.) and am., cr. (2) (b) 1. to 3., am. (2) (c) to (e), r. and recr. (2) (f) (intro.), am. (2) (f) 1., 2., cr. (2) (f) 3., am. (2) (h), cr. (2m), am. (3) (b) 2., 3., (c), (4) to (6), cr. (9), (10) Register March 2016 No. 723, eff. 4-1-16; corrections in (1) (d) 2. (intro.), (2) (a) (intro.), (b) (intro.), (f) (intro.), (2m) (d) (intro.), (e), (3) (b) 2. made under s. 35.17, Stats., Register March 2016 No. 723.
NR 809.311 NR 809.311 Analytical requirements for microbiological contaminants.
NR 809.311(1)(1)Analytical methods. Analyses conducted to determine compliance with s. NR 809.31 shall be made in accordance with methods listed in Table F.
NR 809.311(2) (2)Sample volume. The standard sample volume required for total coliform analysis, regardless of analytical method used, is 100 ml.
NR 809.311(3) (3)Sample collection preservation and holding time.
NR 809.311(3)(a)(a) Sample collection for microbiological contaminants under s. NR 809.30 shall be conducted using the sample preservation, containers and maximum holding time procedures specified in par. (b).
NR 809.311(3)(b) (b) Sample preservation requirements and holding times for microbiological samples are specified in subds. 1. and 2. In all cases, samples shall be analyzed as soon after collection as possible.
NR 809.311(3)(b)1. 1. Total Coliform and E. coli samples are not required to be preserved by cooling to 10° C, however it is encouraged during transit. Sodium thiosulfate shall be added to the sample container prior to adding water containing chlorine and the holding time shall be 30 hours.
NR 809.311(3)(b)2. 2. Heterotrophs may be either held at room temperature with a holding time of 6 hours or preserved by cooling to 4° C with a holding time of 24 hours.
NR 809.311(4) (4)Laboratory certification. Analyses under this section shall only be conducted by laboratories that have received certification under ch. ATCP 77 or approval by EPA.
NR 809.311(5) (5)Presence or absence. Water suppliers need only determine the presence or absence of total coliforms; a determination of total coliform density is not required.
NR 809.311 Note Note: The coliform density may, however, be helpful in selecting a remedial option.
NR 809.311(6) (6)Required methods. Samples collected to determine compliance with s. NR 809.30 (1) shall be analyzed by enzyme substrate test methods.
NR 809.311(7) (7)Other methods. The department may approve, on a case-by-case basis, other methods for use in determining compliance with s. NR 809.30 (1) if they have been approved by EPA.
NR 809.311(8) (8)Sample integrity. If chlorine odor is present in a drinking water sample the laboratory shall test the sample for the presence of chlorine. If chlorine is detected in the sample, the laboratory shall reject the sample for analysis, based on the improper preservation. The water supplier shall submit a new sample for analysis to replace the rejected sample. - See PDF for table PDF
1 Standard Methods for the Examination of Water and Wastewater, 20th edition (1998). Available from American Public Health Association, 800 I Street, NW., Washington, DC 20001-3710.
2 Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800 I Street, NW., Washington, DC 20001-3710.
3 Standard Methods for the Examination of Water and Wastewater, 22nd edition (2012). Available from American Public Health Association, 800 I Street NW., Washington, DC 20001-3710.
4 Standard 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.
5 Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative rate for total coliforms, using lactose broth, is less than 10 percent.
6 A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.
7 EPA Method 1604, EPA 821-R-02-024—“EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium)," September 2002, http://www.epa.gov/nerlcwww/1604sp02.pdf.
8 Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence determination under this regulation.
9 Colisure® results may be read after an incubation time of 24 hours.
10 E*Colite®—“Charm E*ColiteTM Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water," January 9, 1998.
11 Readycult®—“Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters," January 2007, Version 1.1. Available from EMD Millipore (division of Merck KGaA, Darmstadt, Germany), 290 Concord Road, Billerica, MA 01821.
12 modified Colitag®, ATP D05-0035—“Modified ColitagTM Test Method for the Simultaneous Detection of E. coli and other Total Coliforms in Water," August 28, 2009. Available at http://www.nemi.gov or from CPI, International, 580 Skylane Boulevard, Santa Rosa, CA 95403.
NR 809.311 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (3) (b) 1., (6), (7), r. and recr. Table F Register March 2016 No. 723, eff. 4-1-16.
NR 809.312 NR 809.312 Compliance reporting for microbiological contaminants.
NR 809.312(1)(1)MCL violation reporting. When a sample collected under s. NR 809.31 (1), (2), (2m), (4), or (5) exceeds maximum contaminant level in s. NR 809.30 (1), the water supplier shall report the violation to the department no later than the end of the next business day after it learns of the violation, and shall provide public notice of the violation in accordance with s. NR 809.951.
NR 809.312(1m) (1m)treatment technique violation reporting. The water supplier for a public water system that has violated the treatment technique for coliforms in s. NR 809.313 shall report the violation to the department by no later than the end of the next business day after it learns of the violation, and shall provide public notice of the violation in accordance with s. NR 809.952.
NR 809.312(2) (2)Monitoring violation reporting. A water supplier who has failed to comply with a coliform monitoring requirement shall report the monitoring violation to the department within 10 days after discovering the violation, and shall notify the public as specified in s. NR 809.952.
NR 809.312 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), cr. (1m) Register March 2016 No. 723, eff. 4-1-16.
NR 809.313 NR 809.313 Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.
NR 809.313(1)(1)Treatment technique triggers. Water suppliers of public water systems shall conduct assessments in accordance with sub. (2) after public water systems exceed treatment technique triggers in par. (a) or (b).
NR 809.313(1)(a) (a) Level 1 treatment technique triggers.
NR 809.313(1)(a)1. 1. For public water systems taking 40 or more samples per month, the public water system exceeds 5.0% total coliform-positive samples for the month.
NR 809.313(1)(a)2. 2. For public water systems taking fewer than 40 samples per month, the public water system has two or more total coliform-positive samples in the same month.
NR 809.313(1)(a)3. 3. The water supplier fails to take every required repeat sample after any single total coliform-positive sample.
NR 809.313(1)(b) (b) Level 2 treatment technique triggers.
NR 809.313(1)(b)1. 1. An E. coli MCL violation, as specified in s. NR 809.30.
NR 809.313(1)(b)2. 2. A second Level 1 trigger as defined in par. (a) 1. within a rolling 12-month period, unless the department has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the water supplier has corrected the problem.
NR 809.313(1)(b)3. 3. For public water systems with approved annual monitoring, a Level 1 trigger in two consecutive years.
NR 809.313(2) (2)Requirements for assessments.
NR 809.313(2)(a) (a) General requirements.
NR 809.313(2)(a)1.1. Water suppliers shall ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects, and defects in distribution system coliform monitoring practices. Level 2 assessments shall be conducted by parties approved by the department.
NR 809.313(2)(a)2. 2. When conducting assessments, water suppliers shall ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality, including water storage; source and treatment considerations that bear on distributed water quality, where appropriate, as for example, small ground water systems; and existing water quality monitoring data. The water supplier shall conduct the assessment consistent with any department directives that tailor specific assessment elements with respect to the size and type of the public water system and the size, type, and characteristics of the distribution system.
NR 809.313(2)(b) (b) Level 1 assessments. A water supplier shall conduct a Level 1 assessment consistent with department requirements if the public water system exceeds one of the treatment technique triggers in sub. (1) (a). The department may conduct a Level 2 assessment in response to a Level 1 treatment technique trigger at a non-community water system, which may include the collection of a large-volume sample.
NR 809.313(2)(b)1. 1. The water supplier shall complete a Level 1 assessment as soon as practical after any trigger in sub. (1) (a). In the completed assessment form, the water supplier shall describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The water supplier shall submit the completed Level 1 assessment form to the department within 30 days after the water supplier learns that the public water system has exceeded a trigger.
NR 809.313(2)(b)2. 2. If the department reviews the completed Level 1 assessment and determines that the assessment is not sufficient, including any proposed timetable for any corrective actions not already completed, the department shall consult with the water supplier. If the department requires revisions after consultation, the water supplier shall submit a revised assessment form to the department on an agreed-upon schedule not to exceed 30 days from the date of the consultation.
NR 809.313(2)(b)3. 3. Upon completion and submission of the assessment form by the water supplier, the department shall determine if the water supplier has identified a likely cause for the Level 1 trigger and, if so, establish that the water supplier has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.
NR 809.313(2)(c) (c) Level 2 assessments. A water supplier shall ensure that a Level 2 assessment consistent with department requirements is conducted if the public water system exceeds one of the treatment technique triggers in sub. (1) (b). The water supplier shall comply with any expedited actions or additional actions required by the department in the case of an E. coli MCL violation.
NR 809.313(2)(c)1. 1. The water supplier shall ensure that a Level 2 assessment is completed by the department or by a party approved by the department as soon as practical after any trigger in sub. (1) (b). The water supplier shall submit a completed Level 2 assessment form to the department within 30 days after the water supplier learns that it has exceeded a trigger. The assessment form shall describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.
NR 809.313(2)(c)2. 2. The water supplier may conduct Level 2 assessments if the water supplier has staff or management with the certification or qualifications specified by the department unless otherwise directed by the department.
NR 809.313(2)(c)3. 3. If the department reviews the completed Level 2 assessment and determines that the assessment is not sufficient, including any proposed timetable for any corrective actions not already completed, the department shall consult with the water supplier. If the department requires revisions after consultation, the water supplier shall submit a revised assessment form to the department on an agreed-upon schedule not to exceed 30 days.
NR 809.313(2)(c)4. 4. Upon completion and submission of the assessment form by the water supplier, the department shall determine if the water supplier has identified a likely cause for the Level 2 trigger and determine whether the water supplier has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.
NR 809.313(3) (3)Corrective action. Water suppliers shall correct sanitary defects found through Level 1 or Level 2 assessments conducted under sub. (2). For corrections not completed by the time of submission of the assessment form, the water supplier shall complete the corrective action in compliance with a timetable approved by the department in consultation with the water supplier. The water supplier shall notify the department when each scheduled corrective action is completed.
NR 809.313(4) (4)Consultation. At any time during the assessment or corrective action phase, the water supplier or the department may request a consultation with the other party to determine the appropriate actions to be taken. The water supplier may consult with the department on all relevant information that may affect the ability to comply with a requirement of this subsection, including the method of accomplishment, an appropriate timeframe, and other relevant information.
NR 809.313 History History: CR 15-049: cr. Register March 2016 No. 723, eff. 4-1-16; correction in (1) (intro.) made under s. 35.17, Stats., Register March 2016 No. 723.
NR 809.314 NR 809.314 Treatment technique compliance with distribution system microbiological contaminants. A treatment technique violation occurs when sub. (1) or (2) occurs.
NR 809.314(1) (1)A public water system exceeds a treatment technique trigger specified in s. NR 809.313 (1) and the water supplier fails to conduct the required assessment or corrective actions within the timeframe specified in s. NR 809.313 (2) and (3).
NR 809.314(2) (2)The water supplier of a seasonal system fails to complete a department-approved start-up procedure prior to serving water to the public.
NR 809.314 History History: CR 15-049: cr. Register March 2016 No. 723, eff. 4-1-16.
NR 809.32 NR 809.32 Groundwater microbiological source water monitoring — general requirements.
NR 809.32(1)(1)Applicability of groundwater source microbiological contaminants.
NR 809.32(1)(a)(a) This section applies to all public water systems using groundwater, except for public water systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water prior to surface water treatment.
NR 809.32(1)(b) (b) This section applies to any public water system meeting the applicability statement in sub. (1), including consecutive systems that receive finished groundwater from another public water system.
NR 809.32(2) (2)Compliance date. Unless otherwise noted, all groundwater systems shall comply with the requirements of this section beginning December 1, 2009.
NR 809.32(3) (3)Requirements. All public water systems using groundwater as a source shall comply with the following requirements:
NR 809.32(3)(a) (a) Provide all information required by the department for sanitary surveys conducted under s. NR 809.35.
NR 809.32(3)(b) (b) Groundwater systems that do not treat all of their groundwater to at least 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal before or at the first customer, shall meet all the microbiological source water monitoring requirements under s. NR 809.325.
NR 809.32(3)(c) (c) Groundwater systems that have fecally contaminated source waters, as determined by source water monitoring conducted under s. NR 809.325, or have significant deficiencies that are identified by the department or that are identified by EPA, under Subpart S of 40 CFR part 141 of the U.S. Code, shall meet the treatment technique requirements in s. NR 809.327. Groundwater systems with fecally contaminated source water or with significant deficiencies are subject to the treatment technique requirements of s. NR 809.327 and shall implement one or more of the following corrective action options:
NR 809.32(3)(c)1. 1. Correct all significant deficiencies.
NR 809.32(3)(c)2. 2. Provide an alternate source of water.
NR 809.32(3)(c)3. 3. Eliminate the source of contamination.
NR 809.32(3)(c)4. 4. Provide treatment that reliably achieves at least 4-log treatment of viruses, before or at the first customer.
NR 809.32(3)(d) (d) Groundwater systems that provide at least 4-log treatment of viruses before or at the first customer shall conduct compliance monitoring to demonstrate treatment effectiveness, as required under s. NR 809.327 (3).
NR 809.32 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.
NR 809.323 NR 809.323 Analytical requirements for groundwater source microbiological contaminants.
NR 809.323(1)(1)Analytical methods.
NR 809.323(1)(a)(a) A water supplier for a groundwater system subject to the source water monitoring requirements of s. NR 809.325 (2) shall collect a standard sample volume of at least 100 mL for E. coli analysis regardless of the analytical method used.
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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.