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 809.953.
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; correction in (2) made under s.
13.92 (4) (b) 7.,
Register July 2022 No. 799.
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)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)2.
2. A second Level 1 trigger as defined in par.
(a) 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)(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; correction in (1) (b) 2. made under s.
13.92 (4) (b) 7., Stats,
Register July 2022 No. 799.
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)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)(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.
NR 809.323(1)(b)
(b) A water supplier for a groundwater system shall analyze all groundwater source samples, collected under s.
NR 809.325 (2), using one of the analytical methods listed in Table G for the presence of
E. coli. If the department requires a public water system to be tested for the presence of enterococci or coliphage, the water supplier shall use one of the methods listed in Table G.
NR 809.323(1)(c)
(c) Sample volumes of at least 100 mL shall be used for all analyses using the methods in Table G. Analyses shall be conducted in accordance with the documents listed in the footnotes to Table G.
NR 809.323(1)(d)
(d) The sample holding time shall not exceed 30 hours. In all cases, samples should be analyzed as soon after collection as possible.
-
See PDF for table 
NR 809.323 Note
Note: Copies of the documents listed in the footnotes may be obtained from the sources listed in the footnotes. Copies may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW., Room B102, Washington DC 20460, Telephone: 202-566-2426, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
1 Methods are described in Standard Methods for the Examination of Water and Wastewater 20th edition (1998) and copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005-2605.
2 Medium is available through IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092.
3 EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium); September 2002, EPA 821-R-02-024. Method is available at
http://www.epa.gov/microbes/documents/1604sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
4 A description of the m-ColiBlue24 Test, “Total Coliforms and E. coli Membrane Filtration Method with m-ColiBlue24® Broth," Method No. 10029 Revision 2, August 17, 1999, is available from Hach Company,100 Dayton Ave., Ames, IA 50010 or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
5 A description of the E*Colite Test, “Charm E*Colite Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water," January 9, 1998, is available from Charm Sciences, Inc., 659 Andover St., Lawrence, MA 01843-1032 or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
6 EC-MUG (Method 9221F) or NA-MUG (Method 9222G) can be used for E. coli testing step as described in Sec. 141.21(f)(6)(i) or (ii) after use of Standard Methods 9221 B, 9221 D, 9222 B, or 9222 C.
7 EPA Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-[beta]-D-Glucoside Agar (mEI) EPA 821-R- 02-022 (September 2002) is an approved variation of Standard Method 9230C. The method is available at
http://www.epa.gov/microbes/documents/1600sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
8 Medium is available through IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092. Preparation and use of the medium is set forth in the article “Evaluation of Enterolert for Enumeration of Enterococci in Recreational Waters," by Budnick, G.E., Howard, R.T., and Mayo, D.R., 1996, Applied and Environmental Microbiology, 62:3881-3884.
9
EPA Method 1601: Male-specific (F+) and Somatic Coliphage in Water by Two-step Enrichment Procedure; April 2001, EPA 821-R-01-030. Method is available at
http://www.epa.gov/microbes/documents/1601ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
10 EPA Method 1602: Male-specific (F+) and Somatic Coliphage in Water by Single Agar Layer (SAL) Procedure; April 2001, EPA 821-R-01-029. Method is available at
http://www.epa.gov/microbes/documents/1602ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
NR 809.323(2)
(2) Invalidation of an E. coli-positive groundwater source sample. NR 809.323(2)(a)(a) The department may invalidate an
E. coli-positive groundwater source sample collected under s.
NR 809.325 (2) under the conditions specified in subd.
1. or
2. NR 809.323(2)(a)1.
1. The water supplier provides the department with written notice from the laboratory that improper sample analysis occurred.
NR 809.323(2)(a)2.
2. The department determines and documents in writing that there is substantial evidence that an
E. coli-positive groundwater source sample is not related to source water quality.
NR 809.323(2)(b)
(b) If the department invalidates an
E. coli-positive groundwater source sample, the water supplier shall collect another source water sample under s.
NR 809.325 (2) no later than 24 hours after being notified by the department that the sample has been invalidated. The water supplier shall have the sample analyzed for
E. coli using the analytical methods in s.
NR 809.323 (1) (b) Table G.
NR 809.323(2)(c)
(c) The department may extend the 24-hour time limit on a case-by-case basis if the water supplier cannot collect the source water sample within the 24-hour time limit due to circumstances beyond the water supplier's control. In the case of an extension, the department shall specify in writing how much time the water supplier has to collect the sample.
NR 809.323 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (1) (a), (b), (d) Table G, (2) (title), (a), (b)
Register March 2016 No. 723, eff. 4-1-16.
NR 809.325
NR 809.325 Groundwater source microbiological monitoring requirements. NR 809.325(1)(a)(a) Any groundwater source sample required under sub.
(2) shall be collected at a location prior to any treatment of the groundwater source unless the department approves a sampling location after treatment.
NR 809.325(1)(b)
(b) If the public water system's configuration does not allow for sampling at the well itself, the water supplier may collect a sample at a department-approved location to meet the requirements of par.
(a), if the sample is representative of the source water quality of that well.
NR 809.325(1)(c)
(c) Source water samples taken in response to positive total coliform samples collected under s.
NR 809.31 shall be referred to as triggered source water samples.
NR 809.325(2)(a)(a) Water suppliers for groundwater systems shall conduct triggered source water monitoring if all of the following conditions exist:
NR 809.325(2)(a)1.
1. The public water system does not provide at least 4-log treatment of viruses before or at the first customer for each groundwater source.
NR 809.325(2)(b)1.
1. No later than 24 hours after notification of a total coliform-positive distribution system sample, a water supplier for a groundwater system shall collect at least one groundwater source sample, for each total coliform-positive sample, from each groundwater source in use at the time the total coliform-positive sample was collected, except as provided in par.
(c).
NR 809.325(2)(b)2.
2. The department may extend the 24-hour time limit on a case-by-case basis if the water supplier cannot collect the groundwater source water sample within the 24-hour time limit due to circumstances beyond the water supplier's control. In the case of an extension, the department shall specify, in writing, how much time the water supplier has to collect the sample.
NR 809.325(2)(b)3.
3. If approved by the department, water suppliers for groundwater systems with more than one groundwater source may meet the requirements of this paragraph by sampling a representative groundwater source or sources if they have an approved triggered source water monitoring plan.
NR 809.325(2)(c)
(c) A triggered source water monitoring plan shall evaluate each sample site in the sample siting plan for the public water system under s.
NR 809.31 (1) (a) and identify the sources that are representative of each monitoring site. If directed by the department, a water supplier for a public water system shall submit for department approval a triggered source water monitoring plan that identifies one or more groundwater sources that are representative of each monitoring site in the sample siting plan for the public water system and that the water supplier intends to use for representative sampling under par.
(b).
NR 809.325(2)(d)
(d) A water supplier for a groundwater system serving 1,000 people or fewer may use a repeat sample collected from a groundwater source to meet both the requirements of s.
NR 809.31 (2) and to satisfy the monitoring requirements of par.
(b) for that groundwater source. If the repeat samples collected from the groundwater source are
E. coli positive, the water supplier shall comply with the requirements of par.
(e) unless the department requires immediate corrective action under s.
NR 809.327 (2) (b).
NR 809.325(2)(e)
(e) If the department does not require corrective action under s.
NR 809.327 (2) (b) for an
E. coli-positive source water sample collected under par.
(b), the water supplier shall collect five additional source water samples from the same source no later than 24 hours after being notified of the
E. coli positive sample. If any of the 5 samples collected under this paragraph is
E. coli-positive, the water supplier shall conduct a corrective action as outlined in s.
NR 809.327 (2).
NR 809.325(3)(a)(a) In addition to the other requirements of this section, a water supplier for a consecutive groundwater system that has a total coliform-positive sample collected under s.
NR 809.31 (1) shall notify any wholesale system from which it receives water no later than 24 hours after being notified of the total coliform-positive sample.
