NR 809.569(1)(c)
(c) Water supplier for public water systems using conventional treatment which are supplied by a surface water source or by a groundwater source under the direct influence of surface water which cannot achieve the Step 1 TOC removals required by par.
(b) due to water quality parameters or operational constraints shall apply to the department, within 3 months of failure to achieve the TOC removals required by par.
(b), for approval of alternative minimum TOC (Step 2) removal requirements submitted by the water supplier. If the department approves the alternative minimum TOC removal (Step 2) requirements, the department may make those requirements retroactive for the purposes of determining compliance. Until the department approves the alternative minimum TOC removal (Step 2) requirements, the public water system shall meet the Step 1 TOC removals contained in par.
(b).
NR 809.569(1)(d)
(d) Applications made to the department by the water supplier for enhanced coagulation treatment systems for approval of alternative minimum TOC removal (Step 2) requirements under par.
(c) shall include, as a minimum, results of bench- or pilot-scale testing conducted under subd.
1. and used to determine the alternate enhanced coagulation level.
NR 809.569(1)(d)1.
1. Alternate enhanced coagulation level shall be determined to be coagulation at a coagulant dose and pH as determined by the method described in this subdivision and subds.
2. to
5. such that an incremental addition of 10 mg/L of alum, or equivalent amount of ferric salt, results in a TOC removal of
< 0.3 mg/ L. The percent removal of TOC at this point on the “TOC removal versus coagulant dose'' curve shall be determined to be the minimum TOC removal required for the public water system. Once approved by the department, this minimum requirement supersedes the minimum TOC removal required by the table in par.
(b). This requirement will be effective until the department approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve department-set alternative minimum TOC removal levels is a violation of this chapter and the federal national primary drinking water regulations.
NR 809.569(1)(d)2.
2. Bench- or pilot-scale testing of enhanced coagulation shall be conducted by using representative water samples and adding 10 mg/L increments of alum, or equivalent amounts of ferric salt, until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in Table W:
Table W
Enhanced Coagulation Step 2 Target pH
Alkalinity (mg/L as CaCO3) Target pH
0-60 5.5
>60-120 6.3
>120-240 7.0
>240 7.5
NR 809.569(1)(d)3.
3. For waters with alkalinity of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the public water system shall add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added, or equivalent addition of iron coagulant, is reached.
NR 809.569(1)(d)4.
4. The public water system may be operated at any coagulant dose or pH necessary, consistent with other national public drinking water rules or NPDWRs, to achieve the minimum TOC percent removal approved under par.
(c).
NR 809.569(1)(d)5.
5. If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum, or equivalent addition of iron coagulant, the water is deemed to contain TOC not amenable to enhanced coagulation. The water supplier may then apply to the department for a waiver of enhanced coagulation requirements.
NR 809.569(2)(a)(a) Public water systems using conventional filtration treatment which are supplied by a surface water source or by a groundwater source under the direct influence of surface water shall operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in sub.
(1) unless the public water system meets at least one of the alternative compliance criteria listed in par.
(b) or
(c).
NR 809.569(2)(b)
(b) Public water systems using conventional filtration treatment which are supplied by a surface water source or by a groundwater source under the direct influence of surface water may use the alternative compliance criteria in subds.
1. to
7. to comply with this section in lieu of complying with sub.
(1). Public water systems shall still comply with monitoring requirements in s.
NR 809.565 (5).
NR 809.569(2)(b)1.
1. The public water system's source water TOC level, measured according to s.
NR 809.563 (6) (c), is less than 2.0 mg/L, calculated quarterly as a running annual average.
NR 809.569(2)(b)2.
2. The public water system's treated water TOC level, measured according to s.
NR 809.563 (6) (c), is less than 2.0 mg/L, calculated quarterly as a running annual average.
NR 809.569(2)(b)3.
3. The public water public water system's source water TOC level, measured as required by s.
NR 809.563 (6) (c), is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to s.
NR 809.563 (6) (a), is greater than 60 mg/L (as CaCO
3), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance in s.
NR 809.562 (2), the water supplier for the public water system has made a clear and irrevocable financial commitment not later than the effective date for compliance in s.
NR 809.562 (2) to use technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively.
NR 809.569(2)(b)4.
4. Water suppliers shall submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the department for approval not later than the effective date for compliance in s.
NR 809.562 (2).
NR 809.569(2)(b)4.a.
a. These technologies shall be installed and operating not later than June 30, 2005.
NR 809.569(2)(b)4.b.
b. Failure to install and operate these technologies by the date in the approved schedule shall constitute a violation of this chapter and the national primary drinking water regulations.
NR 809.569(2)(b)5.
5. The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the public water system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.
NR 809.569(2)(b)6.
6. The public water system's source water SUVA, prior to any treatment and measured monthly according to s.
NR 809.563 (6) (d), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.
NR 809.569(2)(b)7.
7. The public water system's finished water SUVA, measured monthly according to s.
NR 809.563 (6) (d), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.
NR 809.569(2)(c)
(c) Public water systems practicing enhanced softening that cannot achieve the TOC removals required by sub.
(1) (b) may use the alternative compliance criteria in subds.
1. and
2. in lieu of complying with sub.
(1) (b). Public water systems shall still comply with monitoring requirements in s.
NR 809.565 (5).
NR 809.569(2)(c)1.
1. Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO
3), measured monthly according to s.
NR 809.563 (6) (a) and calculated quarterly as a running annual average.
NR 809.569(2)(c)2.
2. Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO
3), measured monthly according to s.
NR 809.113 Table A and calculated quarterly as an annual running average.
NR 809.569(3)(a)
(a) Public water systems which are supplied by a surface water source or by a groundwater source under the direct influence of surface water, other than those identified in sub.
(2) (b) or
(c) shall comply with requirements contained in sub.
(1) (b) or
(c). Water suppliers shall calculate compliance quarterly, beginning after the water supplier for the public water system has collected 12 months of data, by determining an annual average using the following method:
NR 809.569(3)(a)1.
1. Determine actual monthly TOC percent removal, by using the following equation: (1-(treated water TOC/source water TOC)) x 100 = percent TOC removal.
NR 809.569(3)(a)5.
5. If the value calculated in subd.
4. is less than 1.00, the public water system is not in compliance with the TOC percent removal requirements.
NR 809.569(3)(b)
(b) Water supplier may use the provisions in subds.
1. to
5. in lieu of the calculations in par.
(a) 1. to
5. to determine compliance with TOC percent removal requirements.
NR 809.569(3)(b)1.
1. In any month that the public water system's treated or source water TOC level, measured according to s.
NR 809.563 (6) (c), is less than 2.0 mg/L, the water supplier may assign a monthly value of 1.0, in lieu of the value calculated in par.
(a) 3. when calculating compliance under the provisions of par.
(a).
NR 809.569(3)(b)2.
2. In any month that a public water system practicing softening removes at least 10 mg/L of magnesium hardness as CaCO
3, the water supplier may assign a monthly value of 1.0 in lieu of the value calculated in par.
(a) 3. when calculating compliance under the provisions of par.
(a).
NR 809.569(3)(b)3.
3. In any month that the public water system's source water SUVA, prior to any treatment and measured according to s.
NR 809.563 (6) (d), is
< 2.0 L/mg-M, the water supplier may assign a monthly value of 1.0, in lieu of the value calculated in par.
(a) 3. when calculating compliance under the provisions of par.
(a).
NR 809.569(3)(b)4.
4. In any month that the public water system's finished water SUVA, measured according to s.
NR 809.563 (6) (d), is
< 2.0 L/mg-M, the water supplier may assign a monthly value of 1.0 in lieu of the value calculated in par.
(a) 3. when calculating compliance under the provisions of par.
(a).
NR 809.569(3)(b)5.
5. In any month that a public water system practicing enhanced softening lowers alkalinity below 60 mg/L as CaCO
3, the water supplier may assign a monthly value of 1.0, in lieu of the value calculated in par.
(a) 3. when calculating compliance under the provisions of par.
(a).
NR 809.569(3)(c)
(c) Public water systems which are supplied by a surface water source or by a groundwater source under the direct influence of surface water and which are using conventional filtration treatment may also comply with the requirements by meeting the criteria in sub.
(2) (b) or
(c).
NR 809.569 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (1) (b) Table V, 3., (2) (c) 2.
Register March 2016 No. 723, eff. 4-1-16.
NR 809.60
NR 809.60 General requirements for Stage 2 DBP disinfection byproducts control. NR 809.60(1)(1)
General. The following establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids five (HAA5), and for achieving compliance with maximum residual disinfectant levels for chlorine and chloramine for certain consecutive systems.
NR 809.60(2)
(2) Applicability. A public water system is subject to these requirements if the public water system is a community water system or a nontransient noncommunity water system that uses a primary or residual disinfectant other than ultraviolet light or delivers or receives water that has been treated with a primary or residual disinfectant other than ultraviolet light.
NR 809.60(3)
(3) Schedule. Public water systems shall comply with the requirements on the schedule in Table X based on public water system population:
-
See PDF for table 
1 The department may grant up to an additional 24 months for compliance with MCLs and operational evaluation levels if the public water system requires capital improvements to comply with an MCL.
NR 809.60(4)(a)
(a) Water suppliers for public water systems required to be monitored quarterly shall begin monitoring in the first full calendar quarter that includes the compliance date in the table in sub.
(3).
NR 809.60(4)(b)
(b) Water suppliers for public water systems required to be monitored at a frequency less than quarterly shall begin monitoring in the calendar month recommended in the initial distribution system evaluation (IDSE) report they prepared for the EPA under Subpart U of
40 CFR part 141 or in the calendar month identified in the monitoring plan developed under s.
NR 809.62 which shall be no later than 12 months after the compliance date in the table in par.
(3).
NR 809.60(4)(c)
(c) Water suppliers for public water systems required to be monitored quarterly, shall make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters.
NR 809.60(4)(d)
(d) If the public water system is required to be monitored at a frequency that is less than quarterly, the water supplier shall make compliance calculations beginning with the first compliance sample taken after the compliance date.
NR 809.60(5)
(5) Consecutive systems. The department may determine that a public water system that receives some or all of its water supply from a wholesale system is not a consecutive system, based on any of the following factors:
NR 809.60(5)(a)
(a) Receives water from a wholesale system only on an emergency basis.
NR 809.60(5)(b)
(b) Receives only a small percentage and small volume of water from a wholesale system.
NR 809.60(6)
(6) Wholesale systems. The department may determine that a public water system that provides some or all of the water supply for another public water system is not a wholesale system, based on any of the following factors:
NR 809.60(6)(a)
(a) Delivers water to a consecutive system only on an emergency basis.
NR 809.60(6)(b)
(b) Delivers only a small percentage and small volume of water to a consecutive system.
NR 809.60(7)(a)
(a) Water suppliers for public water systems required to be monitored quarterly shall calculate LRAAs for TTHM and HAA5 to determine that each monitoring location LRAA does not exceed the MCL.
NR 809.60(7)(a)1.
1. If four consecutive quarters of monitoring are not completed, compliance with the MCL shall be based on the average of the available data from the most recent four quarters.
NR 809.60(7)(a)2.
2. If more than one sample per quarter is collected at a monitoring location, all samples taken in the quarter at that location shall be averaged to determine a quarterly average to be used in the LRAA calculation.
NR 809.60(7)(b)
(b) Water suppliers for public water systems required to be monitored yearly or less frequently shall establish compliance for TTHM and HAA5 by using each sample collected to determine if it is less than the MCL.
NR 809.60(7)(b)2.
2. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.
NR 809.60(7)(c)
(c) A public water system is in violation of the monitoring requirements for each quarter that a LRAA is calculated using a quarter in which the water supplier failed to monitor.
NR 809.60 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (3) Table X, (4) (b)
Register March 2016 No. 723, eff. 4-1-16.
NR 809.61
NR 809.61 Routine monitoring for Stage 2 DBP. NR 809.61(1)(a)(a) A water supplier that submitted an IDSE report to EPA under Subpart U of
40 CFR part 141 shall begin monitoring at the locations and months recommended in the IDSE report submitted to EPA under Subpart U of
40 CFR part 141.605 following the schedule in s.
NR 809.60 (3), unless the department requires other locations or additional locations after its review.
NR 809.61(1)(b)
(b) A water supplier that submitted a 40/30 certification from EPA under Subpart U of
40 CFR part 141.603 or the department under s.
NR 809.974 or for a public water system that qualified for a very small system waiver from EPA under Subpart U of
40 CFR 141.604 or the department under s.
NR 809.975 or for a public water system that is a nontransient noncommunity water system serving <10,000, shall monitor at the location or locations and dates identified in the public water system's monitoring plan in s.
NR 809.565 (6), updated as required by s.
NR 809.62.
NR 809.61 Note
Note: Sections NR 809.974 and 809.975 were repealed by
CR 15-049. Corrections will be made in future rulemaking.
NR 809.61(1)(d)
(d) All public water systems shall be monitored during the month of highest DBP concentrations.
NR 809.61(1)(e)
(e) Water suppliers for public water systems on quarterly monitoring shall take dual sample sets every 90 days at each monitoring location, except for water supplier for surface water systems or groundwater under the direct influence of surface water systems serving 500–3,300. Water suppliers for groundwater systems serving 500–9,999 on annual monitoring shall take dual sample sets at each monitoring location. All other public water systems on annual monitoring and surface water systems or groundwater under the direct influence of surface water systems serving 500–3,300 shall take individual TTHM and HAA5 samples, instead of a dual sample set, at the locations with the highest TTHM and HAA5 concentrations, respectively. For public water systems serving fewer than 500 people, only one location with a dual sample set per monitoring period is required if the highest TTHM and HAA5 concentrations occur at the same location and month.
NR 809.61(1)(f)
(f) Water suppliers for undisinfected systems that begin using a disinfectant other than UV light after the dates for complying with the Initial Distribution System Evaluation requirements shall consult with the department to identify compliance monitoring locations for s.
NR 809.60 and develop a monitoring plan under s.
NR 809.62 that includes those monitoring locations.
NR 809.61(2)(b)
(b) The analysis under par.
(a) shall be conducted by laboratories that are certified by EPA or the department under ch.
NR 149.
NR 809.61 History
History: CR 09-073: cr.
Register November 2010 No. 659, eff. 12-1-10;
CR 15-049: am. (1) (a), (c) Table Y, (2) (a)
Register March 2016 No. 723, eff. 4-1-16.
NR 809.62
NR 809.62 Monitoring plan for Stage 2 DBP. NR 809.62(1)(1)
General monitoring plan requirements. Monitoring plans shall be developed, implemented and kept up to date by water suppliers for all public water systems that are required to be monitored for TTHMs and HAA5s and shall be kept on file for department and public review.
NR 809.62(1)(a)
(a) Monitoring plans under this section shall be completed no later than the date the public water system is required to begin initial compliance monitoring under s.
NR 809.60 (3).
NR 809.62(1)(b)
(b) The monitoring plan shall contain the all of the following elements:
