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.
c Reject water disposal options should be carefully considered before choosing this technology. See other RO limitations described in the SWTR Compliance Technologies Table.
d The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems.
e Removal efficiencies can vary depending on water quality.
f This technology may be very limited in application to small water systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to small water systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.
g This technology is most applicable to small water systems that already have filtration in place.
h Handling of chemicals required during regeneration and pH adjustment may be too difficult for small water systems without an adequately trained operator.
i Assumes modification to a coagulation/filtration process already in place.
-
See PDF for table
1 Numbers correspond to those technologies found listed in the Table K of
s. NR 809.50 (4).
NR 809.50 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (4) Table K
Register March 2016 No. 723, eff. 4-1-16.
NR 809.51
NR 809.51 Beta particle and photon radioactivity from man-made radionuclides maximum contaminant levels. NR 809.51(1)(1)
Allowable dose. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 millirem/year.
NR 809.51(2)
(2) MCL calculation. Except for the radionuclides listed in Table M, the concentration of man–made radionuclides causing 4 mrem total body or organ dose equivalents shall be calculated on the basis of a 2 liter per day drinking water intake using the 168 hour data listed in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or Water for Occupational Exposure", NBS Handbook 69 as amended August, 1963, U.S. Department of Commerce. Copies of this document are available for inspection at the office of the department of natural resources and the office of the legislative reference bureau, and may be obtained for personal use from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. If 2 or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ may not exceed 4 millirem/year.
-
See PDF for table NR 809.51 Note
Note: Sections ss.
NR 809.50 to
809.52 are identical to the radioactivity standards of the department of health services in ch.
DHS 157, Wis. Adm. Code, and to the National Interim Primary Drinking Water Regulations,
40 CFR part 141. These sections are adopted pursuant to s.
254.34, Stats.
NR 809.51 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register April 2023 No. 808. NR 809.52
NR 809.52 Analytical methods for radionuclides.
1 “Prescribed Procedures for Measurement of Radioactivity in Drinking Water", EPA-600/4-80/032. August, 1980. Available from the EMSL, Office of Research and Development, U.S. EPA, 26 W. Martin Luther King Drive, Cincinnati, Ohio, 45268.
2 “Interim Radiochemical Methodology for Drinking Water", EPA 600/4-75/008 (revised), March 1976, Available at NTIS, ibid PB 253258.
3 “Radiochemistry Procedures Manual", EPA 520/5-84/006, December 1987, Available at NTIS, ibid, PB 84-215581
4 “Radiochemical Analytical Procedures for Analysis of Environmental Samples", March 1979, Available at NTIS, ibid, EMSL LV 053917
5 “Standard Methods for the Examination of Water and Wastewater," 13th, 17th, 18th, 19
th, 20
th, 21
st, or 22
nd, edition, 1971, 1989, 1992, 1995, 1998, 2005, 2012, available at American Public Health Association, 800 I Street NW., Washington, DC. 20001-3710. Methods 302, 303, 304, 305 and 306 are only in the 13th edition. Methods 7110B, 7500-Ra B, 7500-Ra C, 7500-Ra D, 7500-U B, 7500-Cs B, 7500-I B, 7500-I C, 7500-I D, 7500-Sr B, and 7500-
3H B are in the 17th, 18th, 19
th 20
th, 21
st, and 22
nd editions. Method 7110 C and 7500-U C Alpha spectrometry is in the 18th, 19
th, 20
th, 21
st, and 22
nd editions. Method 7500-U C Fluorometric Uranium is only in the 17th edition, Method 7120 is only in the 19th and 20th editions. Method 3125 is only in the 20th edition. 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.
6 Annual Book of ASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
7 “Methods for Determination of Radioactive Substances in Water and Fluvial Sediments",
Chapter A 5
in Book 5 of Techniques of Water Resources Investigations of the United States Geological Survey, 1997. Available at U.S. Geological Survey (USGS) Information Services, Box 25286 Federal Center, Denver, CO 80225-0425.
8 “EML Procedures Manual", 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of Energy (DOE), 376 Hudson Street, New York, NY 10014-3621.
