NR 809.333 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659.
NR 809.334
NR 809.334 Analytical methods for surface water source water monitoring. NR 809.334(1)(1)
Cryptosporidium. Water suppliers shall analyze for
Cryptosporidium using
Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA–815-R–05–002 or
Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA–815–R–05–001. The water supplier may obtain a copy of these methods online from
http://www.epa.gov/safewater/disinfection/lt2. Water suppliers may also use
EPA Method 1623.1: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2012. EPA-816-R-12-001. (Available at
http://water.epa.gov/drink.)
NR 809.334(1)(a)
(a) Water suppliers shall analyze at least a 10 L sample or a packed pellet volume of at least 2 mL as generated by the methods listed in this subsection. Water suppliers unable to process a 10 L sample shall analyze as much sample volume as can be filtered by two filters approved by EPA for the methods listed in this subsection, up to a packed pellet volume of at least 2 mL.
NR 809.334(1)(b)
(b) Matrix spike (MS) samples, as required by the methods in this subsection, shall be spiked and filtered by a laboratory approved for
Cryptosporidium analysis under s.
NR 809.335. If the volume of the MS sample is greater than 10 L, the water supplier may filter all but 10 L of the MS sample in the field, and ship the filtered sample and the remaining 10 L of source water to the laboratory. In this case, the laboratory shall spike the remaining 10 L of water and filter it through the filter used to collect the balance of the sample in the field.
NR 809.334(1)(c)
(c) Flow cytometer-counted spiking suspensions shall be used for MS samples and ongoing precision and recovery (OPR) samples.
NR 809.334(2)
(2) E. coli. Water suppliers shall use methods for enumeration of
E. coli in source water listed in Table I.
NR 809.334(2)(a)
(a) The time from sample collection to initiation of analysis may not exceed 30 hours unless the condition of par.
(b) are met. In all cases, samples should be analyzed as soon after collection as possible.
NR 809.334(2)(b)
(b) The department may approve on a case-by-case basis the holding of an
E. coli sample for up to 48 hours between sample collection and initiation of analysis if the department determines that analyzing an
E. coli sample within 30 hours is not feasible.
E. coli samples held between 30 to 48 hours shall be analyzed by the Colilert reagent version of Standard Method 9223B as listed in sub.
(2), Table I.
NR 809.334(2)(c)
(c) Water suppliers shall maintain samples between 0
°C and 10
°C during storage and transit to the laboratory.
1Standard 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.
2Standard 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.
3Standard 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.
4Standard 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 Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence determination under this regulation.
6 Colisure® results may be read after an incubation time of 24 hours.
7EC-MUG (Method 9221F) or NA-MUG (Method 9222G) can be used for E. coli testing step as described in §141.21(f)(6)(i) or (ii) after use of Standard Methods 9221 B, 9221 D, 9222 B, or 9222 C.
8EPA Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-â-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/nerlcwww/1600sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. The holding time and temperature for ground water samples are specified in footnote 1 above, rather than as specified in Section 8 of EPA Method 1600.
9Medium 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.
10 Charm Sciences Inc. “Fast Phage Test Procedure. Presence/Absence for Coliphage in Ground Water with Same Day Positive Prediction". Version 009. November 2012. 659 Andover Street, Lawrence, MA 01843. Available at
www.charmsciences.com.
11EPA 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/nerlcwww/1601ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
12EPA 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/nerlcwww/1602ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
NR 809.334 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (1), (2) (intro.), r. and recr. (2) Table I
Register March 2016 No. 723, eff. 4-1-16.
NR 809.335
NR 809.335 Approved laboratories for surface water source monitoring. NR 809.335(1)(1)
Cryptosporidium. Water suppliers shall have
Cryptosporidium samples analyzed by a laboratory that is approved under EPA's Laboratory Quality Assurance Evaluation Program for Analysis of
Cryptosporidium in Water or a laboratory that has been certified for
Cryptosporidium analysis by an equivalent department laboratory certification program.
NR 809.335(2)
(2) E. coli. Any laboratory certified by the EPA, The NELAC Institute (TNI), or the department of agriculture, trade and consumer protection for total coliform or
E. coli. analysis under s.
NR 809.323 (1) (c), Table F is approved for
E. coli analysis under this section when the laboratory uses the same technique for
E. coli that the laboratory uses for s.
NR 809.334 (2), Table I.
NR 809.335(3)
(3) Turbidity. Measurements of turbidity shall be made by a party approved by the department.
NR 809.336
NR 809.336 Reporting source water monitoring results. NR 809.336(1)(1)
Water suppliers shall report results from the source water monitoring required under s.
NR 809.331 (1) and
(2) no later than 10 days after the end of the first month following the month when the sample is collected.
NR 809.336(1)(a)
(a) All water suppliers for public water systems serving at least 10,000 people shall report the results from the initial source water monitoring required under s.
NR 809.331 (1) to EPA.
NR 809.336(1)(b)
(b) If a water supplier is unable to report monitoring results electronically, the water supplier may use an alternative approach for reporting monitoring results that EPA approves.
NR 809.336(2)
(2) Water suppliers for public water systems serving fewer than 10,000 people shall report results from the initial source water monitoring required under s.
NR 809.331 (1) to the department.
NR 809.336(3)
(3) All water suppliers shall report results from the second round of source water monitoring required under s.
NR 809.331 (2) to the department.
NR 809.336(4)(a)1.
1. For matrix spike samples, water suppliers shall also report the sample volume spiked and estimated number of oocysts spiked. These data are not required for field samples.
NR 809.336(4)(a)2.
2. For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, water suppliers shall also report the number of filters used and the packed pellet volume.
NR 809.336(4)(a)3.
3. For samples in which less than 100% of sample volume is examined, water suppliers shall also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation.
NR 809.336(4)(c)
(c) Water suppliers for public water systems serving fewer than 10,000 people that are not required to monitor for turbidity under s.
NR 809.331 (1) and
(2) are not required to report turbidity with their E. coli results.
NR 809.336 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10; correction in (1) (a) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2013 No. 685;
CR 15-049: am. (4) (b)
Register March 2016 No. 723, eff. 4-1-16.
NR 809.35
NR 809.35 Sanitary survey requirements for all public water systems. NR 809.35(1)(a)(a) Community water systems shall undergo a sanitary survey every 3 years, unless the public water system meets the requirements of sub.
(2) for outstanding performance of a public water system, then a sanitary survey may be conducted every 5 years.
NR 809.35(1)(b)
(b) Non-community water systems shall undergo a sanitary survey every 5 years.
NR 809.35(1)(c)
(c) The department will review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the water supplier needs to undertake to improve drinking water quality.
NR 809.35(1)(d)
(d) Sanitary surveys shall be performed by the department or an agent approved by the department. If the department requests a water supplier to have a sanitary survey performed, the water supplier is responsible for ensuring the survey is completed.
NR 809.35(2)(a)
(a) At the discretion of the department, community water systems may be designated as demonstrating outstanding performance and eligible for a reduced frequency of sanitary surveys.
For community water systems determined by the department to have outstanding performance based on prior sanitary surveys, subsequent sanitary surveys may be conducted no less than every five years. The following criteria shall be used to determine outstanding performance:
NR 809.35(2)(a)2.
2. No violations of monitoring and reporting requirements since the last sanitary survey.
NR 809.35(2)(a)3.
3. No violations of primary drinking water regulations during the past five years or similar time period.
NR 809.35(2)(a)4.
4. No significant deficiencies shall have been identified in the current sanitary survey or the previous sanitary survey.
NR 809.35(2)(a)5.
5. Existence of emergency preparedness measures and backup facilities.
NR 809.35(2)(a)6.
6. Expert operation and management of the public water system, for example, skilled, certified personnel in adequate numbers, existence of quality O&M manuals that are used by the staff; adequate budget and revenues.
NR 809.35(2)(a)8.
8. Stable water source with no significant interruptions in supply.
NR 809.35(3)
(3) Information availability. A water supplier shall provide the department any existing information that will enable the department to conduct a sanitary survey.
NR 809.35(4)
(4) Survey details. A sanitary survey, as conducted by the department under this section, includes but is not limited to, an onsite review of the water sources facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the public water system, its sources and operations and the distribution of safe drinking water. In addition, the department shall identify sources of potential contamination by using results of source water monitoring assessments or other relevant information.
NR 809.35(5)
(5) Components of a survey. The sanitary survey shall include an evaluation of all or the applicable components listed in pars.
(a) to
(h):
NR 809.50
NR 809.50 Maximum contaminant levels, compliance dates and BATs for radionuclides. The following are the maximum contaminant levels, compliance dates and best available technologies for radium-226, radium-228 and gross alpha particle radioactivity:
NR 809.50(1)
(1) Maximum contaminant levels for radionuclides. The following are the maximum contaminant levels for radium-226, radium-228 and gross alpha particle radioactivity:
NR 809.50(1)(a)
(a) MCL for combined radium-226 and radium-228. The maximum contaminant level for combined radium-226 and radium-228 is 5 pCi/l. The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.
NR 809.50(1)(b)
(b) MCL for gross alpha particle activity, excluding radon and uranium. The maximum contaminant level for gross alpha particle activity, including radium-226 but excluding radon and uranium, is 15 pCi/l.
NR 809.50(1)(c)
(c) MCL for uranium. The maximum contaminant level for uranium is 30 ug/l.
NR 809.50(2)
(2) Compliance dates for combined radium-226 and radium-228, gross alpha particle activity, gross beta particle and photon radioactivity and uranium. Community water systems shall comply with the MCLs listed in sub.
(1) and with s.
NR 809.51 (1) beginning December 8, 2003 and compliance shall be determined in accordance with the requirements of ss.
NR 809.50 and
809.51. Compliance with reporting requirements for the radionuclides under Appendix A to subch.
VII is required on and after December 8, 2003.
NR 809.50(3)
(3) Best available technologies (BATs) for radionuclides. NR 809.50(3)(a)(a) The department identifies, as indicated in the following table, the best available technology for achieving compliance with the maximum contaminant levels for combined radium-226 and radium-228, uranium, gross alpha particle activity and beta particle and photo radioactivity. A community water system that shall treat to reduce radionuclide levels below the MCLs specified in sub.
(1) or s.
NR 809.51 shall achieve compliance using one of the methods listed in Table J, Table K or Table L.
NR 809.50(4)
(4) Small water systems compliance technologies for radionuclides. NR 809.50(4)(a)(a) The department identifies, as indicated in the following table, the best available technology for achieving compliance with the maximum contaminant levels for combined radium-226 and radium-228, uranium, gross alpha particle activity and beta particle and photo radioactivity for small systems serving a population of 10,000 or less:
NR 809.50(4)(b)
(b) Point of Use (POU) treatment may only be allowed if the department determines that treatment prior to entry is not feasible.
NR 809.50(5)
(5) Alternative treatment. The department may approve the use of alternative treatment not listed in subs.
(3) and
(4), if a water supplier demonstrates to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub.
(1).
Table J
BAT for Combined Radium-226 and Radium-228,
Uranium, Gross Alpha Particle Activity, and Beta Particle and Photon Radioactivity
- See PDF for table 
- See PDF for table
1 National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small Communities. National Academy Press, Washington, D.C. 1997.
2 POU devices are typically installed at the kitchen tap. See the April 21, 2000 NODA for more details.
Limitations Footnotes: Technologies for Radionuclides:
a The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be carefully considered before choosing this technology.
b When POU devices are used for compliance, programs for long-term operation, maintenance, and monitoring shall be provided by water utility to ensure proper performance.
