NR 809.542(5)
(5) Treatment steps and deadlines for small and medium-size systems. Except as provided in sub.
(2), water suppliers for small and medium-size systems shall complete the following corrosion control treatment steps by the indicated time periods:
NR 809.542(5)(a)
(a) Step 1: The water supplier shall conduct initial tap sampling until the public water system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under s.
NR 809.547 (4) (d). A water supplier exceeding the lead or copper action level shall recommend optimal corrosion control treatment, under s.
NR 809.543 (1), within six months after the end of the monitoring period during which the public water system exceeds one of the action levels.
NR 809.542(5)(b)
(b) Step 2: Within 12 months after the end of the monitoring period during which a public water system exceeds the lead or copper action level, the department may require the water supplier to perform corrosion control studies, under s.
NR 809.543 (2). If the department does not require the water supplier to perform such studies, the department shall specify optimal corrosion control treatment, under s.
NR 809.543 (4) within the following timeframes:
NR 809.542(5)(b)1.
1. For medium-size systems, within 18 months after the end of the monitoring period during which such public water system exceeds the lead or copper action level.
NR 809.542(5)(b)2.
2. For small systems, within 24 months after the end of the monitoring period during which such public water system exceeds the lead or copper action level.
NR 809.542(5)(c)
(c) Step 3: If the department requires a water supplier to perform corrosion control studies under step 2, the water supplier shall complete the studies within 18 months after the department requires the studies be conducted.
NR 809.542(5)(d)
(d) Step 4: If the water supplier has performed corrosion control studies under step 2, the department shall review and determine adequacy of public water system's optimal corrosion control treatment within 6 months after completion of step 3.
NR 809.542(5)(e)
(e) Step 5: The water supplier shall install optimal corrosion control treatment within 24 months after the department approves the treatment.
NR 809.542(5)(f)
(f) Step 6: The water supplier shall complete follow-up sampling within 36 months after the department approves optimal corrosion control treatment.
NR 809.542(5)(g)
(g) Step 7: The department shall review the installation of treatment and approve optimal water quality control parameters within 6 months after completion of step 6.
NR 809.542(5)(h)
(h) Step 8: The water supplier shall operate in compliance with the department-approved optimal water quality control parameters and continue to conduct tap sampling.
NR 809.542 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10; correction in (2) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659;
CR 15-049: am. (2) (c) 3.
Register March 2016 No. 723, eff. 4-1-16; correction in (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2022 No. 799.
NR 809.543
NR 809.543 Description of corrosion control treatment requirements. Each water supplier shall complete the following corrosion control treatment requirements which are applicable to their public water system under s.
NR 809.542.
NR 809.543(1)
(1) Water supplier recommendation regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, water supplier for a small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in sub.
(3) (a) which the water supplier believes constitutes optimal corrosion control for that public water system. The department may require the water supplier to conduct additional water quality parameter monitoring in accordance with s.
NR 809.548 (2) to assist the department in reviewing the water supplier's recommendation. In no case may the time period for installation of optimal corrosion control treatment on a small or medium-size system exceed the schedule as listed in s.
NR 809.542 (5) (a) to
(h).
NR 809.543(2)
(2) Department decision to require studies of corrosion control treatment by small and medium-size systems. The department may require the water supplier of any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under sub.
(3) to identify optimal corrosion control treatment for the public water system.
NR 809.543(3)(a)(a) Any water supplier performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that public water system:
NR 809.543(3)(a)3.
3. The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.
NR 809.543(3)(b)
(b) The water supplier shall evaluate each of the corrosion control treatments listed in par.
(a) using either pipe rig or loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other public water systems of similar size, water chemistry and distribution system configuration.
NR 809.543(3)(c)
(c) The water supplier shall measure all of the following water quality parameters in any tests conducted before and after evaluating the corrosion control treatments listed in par.
(a):
NR 809.543(3)(c)7.
7. Orthophosphate (when an inhibitor containing a phosphate compound is used).
NR 809.543(3)(d)
(d) The water supplier shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:
NR 809.543(3)(d)1.
1. Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another public water system with comparable water quality characteristics.
NR 809.543(3)(d)2.
2. Data and documentation demonstrating that the water supplier has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes, or both.
NR 809.543(3)(e)
(e) The water supplier shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.
NR 809.543(3)(f)
(f) On the basis of an analysis of the data generated during each evaluation, the water supplier shall recommend to the department in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that public water system. The water supplier shall provide a rationale for its recommendation along with all supporting documentation specified in pars.
(a) to
(e).
NR 809.543(4)
(4) Department evaluation of optimal corrosion control treatment. NR 809.543(4)(a)(a) Based upon consideration of available information including, where applicable, studies performed under sub.
(3) and a water supplier's recommended treatment alternative, the department shall either approve the corrosion control treatment option recommended by the water supplier, or designate alternative corrosion control treatments from among those listed in sub.
(3) (a). When approving optimal treatment, the department shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.
NR 809.543(4)(b)
(b) The department shall notify the water supplier of its decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the department requests additional information to aid its review, the water supplier shall provide the information.
NR 809.543(5)
(5) Installation of optimal corrosion control. Each water supplier shall properly install and operate throughout the public water system's distribution system the optimal corrosion control treatment approved by the department under sub.
(4).
NR 809.543(6)
(6) Department review of treatment. The department shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water supplier and determine whether the water supplier has properly installed and operated the optimal corrosion control treatment approved by the department in sub.
(4). Upon reviewing the results of tap water and water quality parameter monitoring by the water supplier, both before and after the water supplier installs optimal corrosion control treatment, the department shall establish ranges for water quality parameters.
NR 809.543(7)
(7) Approval of optimal water quality control parameters. The department shall review the water supplier's recommendations and select the values for the applicable water quality control parameters listed in sub.
(3) which reflect optimal corrosion control treatment for the public water system. The department may specify values for additional water quality control parameters to reflect optimal corrosion control for the public water system. The department shall notify the water supplier in writing of these determinations and explain the basis for its decision. At a minimum, the department shall establish all of the following:
NR 809.543(7)(a)
(a) A minimum value or a range of values for pH measured at each entry point to the distribution system.
NR 809.543(7)(b)
(b) A minimum pH value, measured in all tap samples. The value shall be equal to or greater than 7.0, unless the water supplier provides information to indicate that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the public water system to optimize corrosion control.
NR 809.543(7)(c)
(c) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the department determines is necessary to protect the interior walls of the pipes of the distribution system from corrosion.
NR 809.543(7)(d)
(d) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples.
NR 809.543(7)(e)
(e) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.
NR 809.543(8)
(8) Continued operation and monitoring. All water suppliers optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the department under sub.
(7), in accordance with this subsection for all samples collected under s.
NR 809.548 (4). Compliance with the requirements of this subsection shall be determined every 6 months, as specified under s.
NR 809.548 (4). A public water system is out of compliance with the requirements of this subsection for a 6-month period if it has excursions for any department-specified parameter on more than 9 days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the department. The department may delete results of obvious sampling errors from this calculation. Daily values are calculated as follows:
NR 809.543(8)(a)
(a) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling or a combination of both. If EPA has approved an alternative formula under
40 CFR 142.16 in the department's application for a program revision submitted pursuant to
40 CFR 142.12, the department's formula shall be used to aggregate multiple measurements taken at a sampling point for the water quality parameter in lieu of the formula in this paragraph.
NR 809.543(8)(b)
(b) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.
NR 809.543(8)(c)
(c) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.
NR 809.543(9)
(9) Modification of department treatment decisions. Upon its own initiative or in response to a request by a water supplier or other interested party, the department may modify its determination of the optimal corrosion control treatment under sub.
(4) or optimal water quality control parameters under sub.
(6). A request for modification by a water supplier or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The department may modify its determination if it concludes that a change is necessary to ensure that the water supplier continues to optimize corrosion control treatment. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the department's decision, and provide an implementation schedule for completing the treatment modifications.
NR 809.543(10)
(10) Treatment decisions by epa in lieu of the department. The EPA regional administrator may review treatment determinations made by the department under sub.
(4),
(6) or
(8) and issue federal treatment determinations consistent with the requirements of those subsections if the regional administrator finds any of the following:
NR 809.543(10)(a)
(a) The department has failed to issue a treatment determination by the applicable deadlines contained in s.
NR 809.542.
NR 809.543(10)(b)
(b) The department has abused its discretion in a substantial number of cases or in cases affecting a substantial population.
NR 809.543(10)(c)
(c) The technical aspects of the department's determination would be indefensible in an expected federal enforcement action taken against a water supplier.
NR 809.543 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10; correction in (8) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659.
NR 809.544
NR 809.544 Source water treatment requirements for corrosion control. NR 809.544(1)(1)
Deadlines for completing source water treatment steps. Water suppliers shall complete the applicable source water monitoring and treatment requirements by the following deadlines:
NR 809.544(1)(a)
(a) Step 1: A water supplier for a public water system exceeding the lead or copper action level shall complete lead and copper source water monitoring under s.
NR 809.549 (2) and make a treatment recommendation to the department under s.
NR 809.544 (2) (a) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.
NR 809.544(1)(b)
(b) Step 2: The department shall make a determination regarding proposed source water treatment within 6 months after receipt of proposed treatment alternatives under step 1.
NR 809.544(1)(c)
(c) Step 3: If the department approves installation of source water treatment, the water supplier shall install the treatment within 24 months after completion of step 2.
NR 809.544(1)(d)
(d) Step 4: The water supplier shall complete follow-up tap water monitoring and source water monitoring within 36 months after completion of step 2.
NR 809.544(1)(e)
(e) Step 5: The department shall review the installation and operation of source water treatment and specify maximum permissible source water levels within 6 months after completion of step 4.
NR 809.544(1)(f)
(f) Step 6: The water supplier shall operate in compliance with the department-specified maximum permissible lead and copper source water levels and continue source water monitoring.
NR 809.544(2)
(2) Description of source water treatment requirements. NR 809.544(2)(a)(a)
Water supplier
treatment recommendation. Any water supplier for a public water system that exceeds the lead or copper action level shall recommend in writing to the department the installation and operation of one of the source water treatments listed in par.
(b). A water supplier may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.
NR 809.544(2)(b)
(b) Department determination regarding source water treatment. The water supplier shall complete an evaluation of the results of all source water samples collected by the water supplier to determine whether source water treatment is necessary to minimize lead or copper levels and the evaluation shall be submitted to the department. If the department determines that treatment is needed, the department shall either approve installation and operation of the source water treatment recommended by the water supplier, if any, or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation-filtration. If the department requests additional information to aid in its review, the water supplier shall provide the information by the date specified by the department in its request. The department shall notify the water supplier in writing of its determination and set forth the basis for its decision.
NR 809.544(2)(c)
(c) Installation of source water treatment. Each water supplier shall properly install and operate the source water treatment approved by the department under par.
(b).
NR 809.544(2)(d)
(d) Department review of source water treatment and specification of maximum permissible source water levels. The department shall review the source water samples taken by the water supplier both before and after the water supplier installs source water treatment, and determine whether the water supplier has properly installed and operated the source water treatment approved by the department. Based upon its review, the department shall establish the maximum permissible lead and copper concentrations for finished water entering the distribution system. Levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The department shall notify the water supplier in writing and explain the basis for its decision.
NR 809.544(2)(e)
(e) Continued operation and maintenance. Each water supplier shall maintain lead and copper levels below the maximum permissible concentrations established by the department at each sampling point monitored in accordance with s.
NR 809.549. The public water system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration approved by the department.
NR 809.544(2)(f)
(f) Modification of department treatment decisions. Upon its own initiative or in response to a request by a water supplier or other interested party, the department may modify its determination of the source water treatment under par.
(b), or maximum permissible lead and copper concentrations for finished water entering the distribution system under par.
(d). A request for modification by a water supplier or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The department may modify its determination where it concludes that such change is necessary to ensure that the water supplier continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the department's decision, and provide an implementation schedule for completing the treatment modifications.
NR 809.544(2)(g)
(g) Treatment decisions by EPA in lieu of the department. The EPA regional administrator may review treatment determinations made by the department under par.
(b),
(d) or
(f) and issue federal treatment determinations consistent with the requirements of those paragraphs if the administrator finds any of the following:
NR 809.544(2)(g)1.
1. The department has failed to issue a treatment determination by the applicable deadlines contained in sub.
(1).
NR 809.544(2)(g)2.
2. The department has abused its discretion in a substantial number of cases or in cases affecting a substantial population.
NR 809.544(2)(g)3.
3. The technical aspects of the department's determination would be indefensible in an expected federal enforcement action taken against a water supplier.
NR 809.544 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (1) (a)
Register March 2016 No. 723, eff. 4-1-16.
NR 809.545
NR 809.545 Lead service line replacement requirements. NR 809.545(1)(1)
General. Water suppliers for public water systems that fail to meet the lead action level in tap samples taken pursuant to s.
NR 809.547 (4) (b), after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines in accordance with the requirements of this section. If a public water system is in violation of s.
NR 809.542 or
809.544 for failure to install source water or corrosion control treatment, the department may require the water supplier to commence lead service line replacement under this section after the date by which the water supplier was required to conduct monitoring under s.
NR 809.547 (4) (b) has passed.
NR 809.545(2)
(2) Rate and schedule for service line replacement. NR 809.545(2)(a)(a) A water supplier shall replace annually at least 7% of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The water supplier shall identify the initial number of lead service lines in its distribution system, including an identification of the portions owned by the public water system, based on a materials evaluation, including the evaluation required under s.
NR 809.547 (1) and relevant legal authorities, such as contracts and local ordinances regarding the portion owned by the public water system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under sub.
(1). If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs unless the department has established an alternate monitoring period.
NR 809.545(2)(b)
(b) Any water supplier resuming a lead service line replacement program, after the cessation of its lead service line replacement program, as allowed by sub.
(6), shall update the public water system's inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under sub.
(3). The water supplier shall then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year. Seven percent lead service line replacement is based on a 15-year replacement program, so, for example, water suppliers resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13. For those water suppliers for public water systems that have completed a 15-year lead service line replacement program, the department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the public water system exceeds the action level again after completing a 15-year replacement program.
NR 809.545(3)
(3) Individual service line considerations. A water supplier is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to s.
NR 809.547 (2) (c), is less than or equal to 0.015 mg/L.
NR 809.545(4)
(4) Extent of service line replacement. A water supplier shall replace the entire service line, up to the building inlet, unless the water supplier demonstrates to the satisfaction of the department under sub.
(5), that the public water system controls less than the entire service line. In such cases, the water supplier shall replace the portion of the line which the department determines is under the water supplier's control. The water supplier shall notify the user served by the line that the water supplier will replace the portion of the service line under the public water system's control and the water supplier shall offer to replace the building owner's portion of the line, but is not required to bear the cost of replacing the building owner's portion of the line. A water supplier is not required to bear the cost of replacing the privately-owned portion of the line, nor is the water supplier required to replace the privately-owned portion where the building owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned system would be precluded by department, local or common law. An water supplier that does not replace the entire length of the service line shall also complete all of the following tasks:
NR 809.545(4)(a)
(a) At least 45 days prior to commencing with the partial replacement of a lead service line, the water supplier shall provide notice to the residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, and shall provide guidance on measures consumers can take to minimize their exposure to lead. The department may allow the water supplier to provide notice under this paragraph less than 45 days prior to commencing partial lead service line replacement if the replacement is in conjunction with emergency repairs. In addition, the water supplier shall inform the residents served by the line that the water supplier will, at the public water system's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under s.
NR 809.547 (2) (c), no later than 72 hours after the completion of the partial replacement of the service line. The water supplier shall collect the sample and report the results of the analysis to the building owner and each resident served by the line no later than 3 business days after receiving the results. Mailed notices post-marked no later than 3 business days after receiving the results shall be considered timely.
NR 809.545(4)(b)
(b) The water supplier shall provide the information required by par.
(a) to the residents of individual dwellings by mail or by other methods approved by the department. In instances where multi-family dwellings are served by the line, the water supplier may post the information at a conspicuous location likely to give notice to all residents of the multi-family dwellings.
NR 809.545(5)
(5) Accelerated schedule for service line replacement. The department shall require a water supplier to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the public water system, if a shorter replacement schedule is feasible. The department shall make this determination in writing and notify the water supplier of its finding no later than 6 months after the water supplier is required to begin service line replacement based on monitoring under sub.
(1).
NR 809.545(6)
(6) Ceasing and recommencing service line replacement. Any water supplier may cease replacing lead service lines when lead service line samples collected pursuant to s.
NR 809.547 (2) (b) meet the lead action level during each of 2 consecutive monitoring periods and the water supplier submits the results to the department. If the lead service line samples in any such public water system thereafter exceed the lead action level, the water supplier shall recommence replacing lead service lines, pursuant to sub.
(2).
NR 809.545(7)
(7) Compliance reporting. To demonstrate compliance with subs.
(1) to
(4), a water supplier shall report to the department the information specified in s.
NR 809.55 (5).
