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NR 809.55(4)(a) (a) If required under s. NR 809.544 (2) (a), their recommendation regarding source water treatment;
NR 809.55(4)(b) (b) For water suppliers required to install source water treatment under s. NR 809.544 (2) (b), a letter certifying that the water supplier has completed installing the treatment approved by the department within 24 months after the department approved the treatment.
NR 809.55(5) (5)Lead service line replacement reporting requirements. Water suppliers shall report the following information to the department to demonstrate compliance with the requirements of s. NR 809.545:
NR 809.55(5)(a) (a) No later than 12 months after the end of a monitoring period in which a public water system exceeds the lead action level in sampling referred to in s. NR 809.545 (1), the water supplier must submit written documentation to the department of the material evaluation conducted as required in s. NR 809.547 (1), identify the initial number of lead service lines in the distribution system of the public water system at the time the public water system exceeded the lead action level, and provide the public water system's schedule for annually replacing at least 7% of the initial number of lead service lines in its distribution system.
NR 809.55(5)(b) (b) No later than 12 months after the end of a monitoring period in which a public water system exceeds the lead action level in sampling referred to in s. NR 809.545 (1), and every 12 months thereafter, the water supplier shall demonstrate to the department in writing that the public water system has done one of the following:
NR 809.55(5)(b)1. 1. Replaced in the previous 12 months at least 7% of the initial lead service lines, or a greater number of lines specified by the department under s. NR 809.545 (6), in the distribution system of the public water system.
NR 809.55(5)(b)2. 2. Conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line, taken pursuant to s. NR 809.547 (2) (c), is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced or which meet the criteria in s. NR 809.545 (3), or both, shall equal at least 7% of the initial number of lead lines identified under sub. (5) (a), or the percentage specified by the department under s. NR 809.545 (5).
NR 809.55(5)(c) (c) The annual letter submitted to the department under par. (b) shall contain all of the following information:
NR 809.55(5)(c)1. 1. The number of lead service lines scheduled to be replaced during the previous year of the water supplier's replacement schedule.
NR 809.55(5)(c)2. 2. The number and location of each lead service line replaced during the previous year of the water supplier`s replacement schedule.
NR 809.55(5)(c)3. 3. If measured, the water lead concentration and location of each lead service line sampled, the sampling method and the date of sampling.
NR 809.55(5)(d) (d) The water supplier for any public water system which collects lead service line samples following partial lead service line replacement required by s. NR 809.545 shall report the results to the department within the first 10 days of the month following the month in which the water supplier receives the laboratory results, or as specified by the department. The department may waive this requirement to report these monitoring results. Water suppliers shall also report any additional information as specified by the department, and in a time and manner prescribed by the department, to verify that all partial lead service line replacement activities have taken place.
NR 809.55(6) (6)Public education program reporting requirements. By December 31st of each year, the water supplier for any public water system that is subject to the public education requirements in s. NR 809.546 shall submit a letter to the department demonstrating that the water supplier has delivered the public education materials that meet the content requirements in s. NR 809.546 (1) and (2) and the delivery requirements in s. NR 809.546 (3). This information shall include a list of all the newspapers, radio stations, television stations, facilities and organizations to which the water supplier delivered public education materials during the previous year. The water supplier shall submit the letter required by this subsection annually for as long as the public water system exceeds the lead action level.
NR 809.55(6)(a) (a) The water supplier for any public water system that is subject to the public education requirements in s. NR 809.546 shall, within ten days after the end of each period in which the public water system is required to perform public education in accordance with s. NR 809.546 (2), send written documentation to the department that contains all of the following:
NR 809.55(6)(a)1. 1. A demonstration that the water supplier has delivered the public education materials that meet the content requirements in s. NR 809.546 (1) and the delivery requirements in s. NR 809.546 (2).
NR 809.55(6)(a)2. 2. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the water supplier delivered public education materials during the period in which the public water system was required to perform public education tasks.
NR 809.55(6)(b) (b) Unless required by the department, a water supplier that previously has submitted the information required by par. (a) 2. is not required to resubmit the information required by par. (a) 2., as long as there have been no changes in the distribution list and the water supplier certifies that the public education materials were distributed to the same list submitted previously.
NR 809.55(6)(c) (c) No later than 3 months following the end of the monitoring period, each water supplier shall mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed in a manner consistent with the requirements of s. NR 809.546 (4).
NR 809.55(7) (7)Reporting of additional monitoring data. Any water supplier that collects sampling data in addition to that required by this subchapter shall report the results to the department within the first 10 days following the end of the applicable monitoring period under ss. NR 809.547, 809.548 and 809.549 during which the samples are collected.
NR 809.55(8) (8)Reporting of 90th percentile lead and copper concentrations where the department calculates a public water system's 90th percentile concentrations. The water supplier of a public water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by sub. (1) (c) 4. if any of the following are met:
NR 809.55(8)(a) (a) The department has previously notified the water supplier that it will calculate the water system's 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to par. (b) 1., and has specified a date before the end of the applicable monitoring period by which the water supplier shall provide the results of lead and copper tap water samples.
NR 809.55(8)(b) (b) The water supplier has provided all of the following information to the department by the date specified in par. (a):
NR 809.55(8)(b)1. 1. The results of all tap samples for lead and copper including the location of each site and the criteria under s. NR 809.547 (1) (c), (d), (e), (f) or (g) under which the site was selected for the public water system's sampling pool, pursuant to sub. (1) (c) 1.
NR 809.55(8)(b)2. 2. An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed.
NR 809.55(8)(c) (c) The department has provided the results of the 90th percentile lead and copper calculations, in writing, to the water supplier before the end of the monitoring period.
NR 809.55 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (1) (a), (b), (c) 4., 8., (d) (intro.) and (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) (c) (intro.), 3., (6) (a) (intro.), 1. Register March 2016 No. 723, eff. 4-1-16.
subch. III of ch. NR 809 Subchapter III — Maximum Contaminant Levels, Maximum Residual Disinfectant Levels, Monitoring, Analytical Requirements and Control of Disinfection Byproducts, Disinfection Residuals and Stage 1 and Stage 2 DBP
NR 809.561 NR 809.561 Maximum residual disinfectant level goals (MRDLGs), and maximum contaminant levels (MCLs) for disinfection byproducts, maximum residual disinfectant levels (MRDLs) and best available treatment.
NR 809.561(1)(1)Maximum residual disinfectant level goals. MRDLGs for disinfectants are as follows: - See PDF for table PDF
NR 809.561(2) (2)Maximum contaminant levels. The maximum contaminant levels (MCLs) for disinfection byproducts are as follows: - See PDF for table PDF
NR 809.561(3) (3)Maximum residual disinfectant levels.
NR 809.561(3)(a)(a) The maximum residual disinfectant levels (MRDLs) for disinfectants are as follows: - See PDF for table PDF
NR 809.561(3)(b) (b) To achieve compliance with the maximum residual disinfectant levels identified in this subsection, water suppliers shall control treatment processes by reducing disinfectant demand and by controlling disinfection treatment processes to reduce disinfectant levels.
NR 809.561(3)(c) (c) Free chlorine or total chlorine may be measured for demonstrating compliance with the chlorine MRDL. Combined chlorine or total chlorine may be used for demonstrating compliance with the chloramine MRDL.
NR 809.561(4) (4)Best available treatment. The department, pursuant to section 1412 of the Safe Drinking Water Act and related regulations applicable to public water systems, identifies the following as the best available treatment technology, treatment techniques or other means available for achieving compliance with the maximum contaminant levels for disinfection byproducts identified in sub. (1): - See PDF for table PDF
NR 809.561(5) (5)Alternative treatment. The department may approve the use of alternative treatment not listed in sub. (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. (2).
NR 809.561 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: cr. (3) (c), am. (4) Register March 2016 No. 723, eff. 4-1-16.
NR 809.562 NR 809.562 General requirements for disinfection byproducts and disinfection residuals Stage 1 DBP.
NR 809.562(1)(1)General. The following requirements establish criteria under which water supplier for community water systems, or CWSs, and nontransient, noncommunity water systems, or NTNCWSs, which add a chemical disinfectant to the water in any part of the drinking water treatment process shall modify their practices to meet MCLs and MRDLs in s. NR 809.561 (2) and (3) (a), respectively, and shall meet the treatment technique requirements for disinfection byproduct precursors in s. NR 809.561 (4). Water suppliers for transient noncommunity water systems, or TNCWSs, that use chlorine dioxide as a disinfectant or oxidant shall modify their practices to meet the MRDL for chlorine dioxide in s. NR 809.561 (3) (a) according to the criteria established in this section. MCLs have been established for TTHM and HAA5 and treatment technique requirements for disinfection byproduct precursors to limit the levels of known and unknown disinfection byproducts which may have adverse health effects. These disinfection byproducts may include chloroform, bromodichloromethane, dibromochloromethane, bromoform, dichloroacetic acid, and trichloroacetic acid.
NR 809.562(2) (2)Compliance timeframes. Unless otherwise noted, all public water systems shall comply with the requirements of this subchapter as follows:
NR 809.562(2)(a) (a) All public water systems serving 10,000 or more persons that are CWSs or NTNCWSs and that are supplied by a surface water source or by a groundwater source under the direct influence of surface water shall comply with this subchapter beginning January 1, 2002.
NR 809.562(2)(b) (b) Public water systems serving fewer than 10,000 persons that are CWSs or NTNCWSs and that are supplied by a surface water source or by a groundwater source under the direct influence of surface water and all public water systems using only groundwater not under the direct influence of surface water shall comply with this subchapter beginning January 1, 2004.
NR 809.562(2)(c) (c) Public water systems serving 10,000 or more persons that are transient NCWSs and use chlorine dioxide as a disinfectant or oxidant and are supplied by a surface water source or by a groundwater source under the direct influence of surface water shall comply with any requirements for chlorine dioxide and chlorite in this subchapter beginning January 1, 2002.
NR 809.562(2)(d) (d) Public water systems that are transient NCWSs and use chlorine dioxide as a disinfectant or oxidant and that serve fewer than 10,000 persons and are supplied by a surface water source or by a groundwater source under the direct influence of surface water or that are public water systems using only groundwater not under the direct influence of surface water shall comply with any requirements for chlorine dioxide in this subchapter beginning January 1, 2004.
NR 809.562(2)(e) (e) A consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, shall comply with analytical and monitoring requirements for chlorine and chloramines in s. NR 809.565 (6) (a) and the compliance requirements in s. NR 809.566 (3) (a) beginning April 1, 2009 and shall report monitoring results under s. NR 809.567 (3).
NR 809.562(3) (3)Operator certification. Each CWS and NTNCWS regulated under s. NR 809.561 shall be operated by qualified personnel who meet the requirements specified in ch. NR 114, subchs. I and III and are included in a department register of qualified operators.
NR 809.562(4) (4)Response to microbiological contamination. Notwithstanding the MRDLs in s. NR 809.561 (3) (a), water suppliers for public water systems may increase in the distribution system residual disinfectant levels of chlorine or chloramines, but not chlorine dioxide, to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events or cross-connection events.
NR 809.562(5) (5)Public notification of MCL or MRDL violations. The water supplier of a public water system shall provide public notification in compliance with subch. VII when the MCL or MRDL or disinfectant residual is exceeded.
NR 809.562(6) (6)Required additional health information. Water suppliers for CWSs that detect TTHM above 0.080 mg/l, but are not in violation of the MCL in s. NR 809.561 (2), based on an annual average, monitored and calculated under the provisions of s. NR 809.565, shall provide copies of health effects language prescribed in subch. VII and s. NR 809.835 to the users of the CWS in the CCR.
NR 809.562 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (3) Register March 2016 No. 723, eff. 4-1-16; correction in (3) made under s. 35.17, Stats., Register March 2016 No. 723, eff. 4-1-16.
NR 809.563 NR 809.563 Analytical requirements for disinfection byproducts and disinfection residuals Stage 1 DBP and Stage 2 DBP.
NR 809.563(1)(1)General. Water suppliers shall use only the analytical methods specified in this section, or otherwise approved by EPA for monitoring under this subchapter, to demonstrate compliance with the requirements of this subchapter.
NR 809.563(2) (2)Approved analytical methods for disinfectant residuals. Water suppliers shall measure residual disinfectant concentrations for total chlorine, free chlorine, combined chlorine chloramines, and chlorine dioxide by the methods listed in Table R. Water suppliers may also measure residual disinfectant concentrations for chlorine, chloramines and chlorine dioxide by using N,N-diethly-p-phenylenediamine (DPD) colorimetric using a colorimeter as prescribed in the approved methods.
NR 809.563(3) (3)Approved analytical methods for disinfectant byproducts. Water suppliers shall measure disinfection byproducts by the methods, as modified by the footnotes, prescribed in Table S. Samples for TTHM shall be dechlorinated upon collection to prevent further production of trihalomethanes, according to the procedures described in the methods, except acidification is not required if only THMs or TTHMs are to be determined. Samples for maximum TTHM potential shall not be dechlorinated or acidified, and shall be held for 7 days at 25° C or above prior to analysis. Samples for bromate analyzed using EPA method 321.8 samples must be preserved at the time of sampling with 50 mg ethylenediamine (EDA)/L of sample and must be analyzed within 28 days. Samples for TTHM and HAA5 shall be collected using the containers, preservative and holding times specified in s. NR 809.203 (4) Table D. In all cases, samples should be analyzed as soon after collection as possible. - See PDF for table PDF
1 X indicates method is approved for measuring specified disinfectant residual. Free chlorine or total chlorine may be measured for demonstrating compliance with the chlorine MRDL and combined chlorine, or total chlorine may be measured for demonstrating compliance with the chloramine MRDL.
2 Standard Methods for the Examination of Water and Wastewater, 19th edition (1995), 20th edition (1998), 21st edition (2005), 22nd edition (2012). Available from American Public Health Association, 800 I Street, NW., Washington, DC, 20001-3710.
3 The Standard Methods Online version that is approved is indicated by the last two digits in the method number which is the year of approval by the Standard Method Committee. Standard Methods Online are available athttp://www.standardmethods.org.
4 Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2859, or http://astm.org. - See PDF for table PDF
1 P&T = purge and trap; GC = gas chromatography; ELCD = electrolytic conductivity detector; PID = photoionization detector; MS = mass spectrometer; LLE = liquid/liquid extraction; ECD = electron capture detector; SPE = solid phase extraction; IC = ion chromatography; ICP-MS= inductively coupled plasma/mass spectrometer.
2 Standard Methods for the Examination of Water and Wastewater, 19th edition (1995), 20th edition (1998), 21st edition (2005), 22nd edition (2012). Available from American Public Health Association, 800 I Street, NW., Washington, DC, 20001-3710.
3 Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2859, or http://astm.org.,
4 If TTHMs are the only analytes being measured in the sample, then a PID is not required.
5 The samples must be extracted within 14 days of sample collection.
6 Ion chromatography and post column reaction or IC/ICP-MS must be used for monitoring of bromate for purposes of demonstrating eligibility of reduced monitoring.
7 Samples must be preserved at the time of sampling with 50 mg ethylenediamine (EDA)/L of sample and must be analyzed within 28 days.
8 Amperometric titration or spectrophotometry may be used for routine daily monitoring of chlorite at the entrance to the distribution system, as prescribed in NR 809.565(3)(a)1. Ion chromatography must be used for routine monthly monitoring of chlorite and additional monitoring of chlorite in the distribution system, as prescribed in NR 809.565(30(a) 2. and. NR 809.565 (3) (a)3.
9 The Standard Methods Online version that is approved is indicated by the last two digits in the method number which is the year of approval by the Standard Method Committee. Standard Methods Online are available at http://www.standardmethods.org.
NR 809.563(4) (4)Laboratory certification for disinfectant byproducts. Laboratories that are certified by the department or EPA shall conduct the analysis under this section for disinfection byproducts.
NR 809.563(4)(a) (a) To receive certification to conduct analyses for the contaminants in this subchapter, a laboratory shall analyze performance evaluation samples approved by the department or EPA at least once during each consecutive 12-month period by each method for which a laboratory desires certification.
NR 809.563(4)(b) (b) When analyzing performance evaluation samples, the laboratory shall achieve quantitative results on the PE sample analyses that are within the acceptance limits in Table T.
NR 809.563(4)(c) (c) The acceptance limit shall be the 95% confidence interval calculated around the mean of the PE study data between a maximum and minimum acceptance limit of +/-50% and +/-15% of the study mean.
NR 809.563(4)(e) (e) Laboratories shall report quantitative data for concentrations as low as the ones listed in Table U for all DBP samples analyzed for compliance.
Table U
Minimum Reporting Levels for DBP Samples - See PDF for table PDF
1 The calibration curve must encompass the regulatory minimum reporting level (MRL) concentration. Data may be reported for concentrations lower than the regulatory MRL as long as the precision and accuracy criteria are met by analyzing an MRL check standard at the lowest reporting limit chosen by the laboratory. The laboratory must verify the accuracy of the calibration curve at the MRL concentration by analyzing an MRL check standard with a concentration less than or equal to 110% of the MRL with each batch of samples. The measured concentration for the MRL check standard must be ±50% of the expected value, if any field sample in the batch has a concentration less than 5 times the regulatory MRL. Method requirements to analyze higher concentration check standards and meet tighter acceptance criteria for them must be met in addition to the MRL check standard requirement.
2 When adding the individual trihalomethane or haloacetic acid concentrations to calculate the TTHM or HAA5 concentrations, respectively, a zero is used for any analytical result that is less than the MRL concentration for that DBP, unless otherwise specified by the department.
NR 809.563(5) (5)Approval of persons measuring disinfectant residual concentrations and chlorite. A person approved by the department or EPA shall measure residual disinfectant concentrations and daily chlorite samples at the entrance to the distribution system.
NR 809.563(6) (6)Analytical methods for additional required parameters. Water suppliers for public water systems required to analyze for additional parameters not included in sub. (3) shall have these parameters analyzed by a person approved by the department or EPA using the following methods:
NR 809.563(6)(a) (a) Alkalinity. For measuring alkalinity use the methods allowed in s. NR 809.113 Table A.
NR 809.563(6)(b) (b) Bromide. For measuring bromide use EPA Method 300.0 or EPA Method 300.1.
NR 809.563(6)(c) (c) Total organic carbon (TOC). For measuring total organic carbon, use Standard Method 5310 B (High-Temperature Combustion Method) or Standard Method 5310 C (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D (Wet-Oxidation Method).
NR 809.563(6)(c)1. 1. TOC samples may not be filtered prior to analysis.
NR 809.563(6)(c)2. 2. TOC samples shall either be analyzed or shall be acidified to achieve pH less than 2.0 by minimal addition of phosphoric or sulfuric acid as soon as practical after sampling, not to exceed 24 hours.
NR 809.563(6)(c)3. 3. Acidified TOC samples shall be analyzed within 28 days.
NR 809.563(6)(d) (d) Specific ultraviolet absorbance (SUVA). SUVA is equal to the UV absorption at 254nm (UV254) measured in m-1 divided by the dissolved organic carbon (DOC) concentration measured as mg/L.
NR 809.563(6)(d)1. 1. In order to determine SUVA, it is necessary to separately measure UV254 and DOC.
NR 809.563(6)(d)2. 2. When determining SUVA, water suppliers shall use the methods stipulated in par. (e) to measure DOC and the method stipulated in par. (f) to measure UV254 SUVA shall be determined on water prior to the addition of disinfectants or oxidants, or both, by the water supplier.
NR 809.563(6)(d)3. 3. DOC and UV 254 samples used to determine a SUVA value shall be taken at the same time and at the same location.
NR 809.563(6)(e) (e) Dissolved organic carbon (DOC). For measuring dissolved organic carbon, use Standard Method 5310 B (High-Temperature Combustion Method) or Standard Method 5310 C (Persulfate-Ultraviolet or Heated-Persulfate Oxidation Method) or Standard Method 5310 D (Wet-Oxidation Method). Prior to analysis, DOC samples shall be filtered through a 0.45 mm pore-diameter filter. Water passed through the filter prior to filtration of the sample shall serve as the filtered blank. This filtered blank shall be analyzed using procedures identical to those used for analysis of the samples and shall meet the following criteria: DOC < 0.5 mg/L. DOC samples shall be filtered through the 0.45 mm pore-diameter filter prior to acidification. DOC samples shall either be analyzed or shall be acidified to achieve pH less than 2.0 by minimal addition of phosphoric or sulfuric acid as soon as practical after sampling, not to exceed 48 hours. Acidified DOC samples shall be analyzed within 28 days.
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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.