Chapter NR 809

NR 809.63(5) (5) Violation of monitoring requirements. A public water system is in violation of the monitoring requirements if the water supplier fails to monitor during a quarter and for each subsequent quarter that the monitoring result would have been used in calculating a LRAA.

NR 809.63 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (intro.), (d) 3., (e), cr. (2) (am), am. (4) (title) Register March 2016 No. 723, eff. 4-1-16; s. 35.17 correction made in (1) (intro.) under s. 35.17, Stats., Register March 2016.

NR 809.64 NR 809.64 Additional disinfection byproducts requirements for consecutive systems under Stage 2 DBP. A consecutive system that does not add a disinfectant but receives and 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 (4) (a) and the compliance requirements in s. NR 809.566 (3) (a) beginning April 1, 2009, unless required to comply earlier by the department, and shall report monitoring results under s. NR 809.567 (3) (a).

NR 809.64 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.65 NR 809.65 Operational evaluation levels for disinfection byproducts under Stage 2 DBP.

NR 809.65(1) (1) Operational evaluation. An operational evaluation shall be conducted if any of the following occurs:

NR 809.65(1)(a) (a) The sum of the two previous quarters’ TTHM results plus twice the current quarter’s TTHM result, divided by 4, exceeds 0.080 mg/L at any monitoring location.

NR 809.65(1)(b) (b) The sum of the two previous quarters’ HAA5 results plus twice the current quarter’s HAA5 result, divided by 4, exceeds 0.060 mg/L at any monitoring location.

NR 809.65(2) (2) Operational evaluation reporting. If an operational evaluation must be performed as required in sub. (1), it shall be submitted as a written report to the department no later than 90 days after being notified of the analytical result that causes the public water system to exceed the operational evaluation level. The written report shall be made available to the public upon request.

NR 809.65(3) (3) Contents of an operational report. An operational evaluation shall include an examination of the system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.

NR 809.65(4) (4) Limiting the scope of an operational evaluation. A water supplier may request and the department may allow the water supplier to limit the scope of the operational evaluation if the water supplier is able to identify the cause of the operational evaluation level exceedance. The request to limit the scope of the evaluation does not extend the schedule required under sub. (2) for submitting the written report. If the department approves this limited scope of evaluation, the approval shall be in writing and the water supplier shall keep the written approval with the completed report.

NR 809.65 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (a), (b) Register March 2016 No. 723, eff. 4-1-16.

NR 809.66 NR 809.66 Requirements for remaining on reduced TTHM and HAA5 monitoring based on Stage 1 DBP results.

NR 809.66(1) (1) Remaining on reduced monitoring. A public water system may remain on reduced monitoring after the dates identified in s. NR 809.60 (3) for compliance with this subchapter only if the public water system qualified for a 40/30 certification by EPA under Subpart U of 40 CFR 141.603, or received a very small system waiver under Subpart U of 40 CFR 141.604, and if the public water system meets the reduced monitoring criteria in NR 809.63 (1) and all of the following criteria:

NR 809.66(1)(a) (a) The public water system does not change or add monitoring locations from those used for compliance monitoring under ss. NR 809.565 (6) and 809.566.

NR 809.66(1)(b) (b) The public water system’s monitoring locations under s. NR 809.62 have not been changed from the public water system’s monitoring locations under s. NR 809.565 (6) after the compliance dates identified in s. NR 809.60 (3).

NR 809.66 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2013 No. 685; CR 15-049: am. (1) (intro.) Register March 2016 No. 723, eff. 4-1-16.

NR 809.67 NR 809.67 Requirements for remaining on increased TTHM and HAA5 monitoring based on Stage 1 DBP results. A public water system that is on increased monitoring under ss. NR 809.565 and 809.566 shall remain on increased monitoring until the public water system qualifies for a return to routine monitoring under s. NR 809.61.

NR 809.67 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: r. (1) (title), renum. (1) to 809.67, r. (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.68 NR 809.68 Reporting and recordkeeping requirements for Stage 2 DBP.

NR 809.68(1) (1) Reporting.

NR 809.68(1)(a) (a) Water suppliers shall report all of the following information for each monitoring location to the department no later than 10 days after the end of any quarter in which monitoring is required:

NR 809.68(1)(a)1. 1. Number of samples taken during the quarter.

NR 809.68(1)(a)2. 2. Date and results of each sample taken during the quarter.

NR 809.68(1)(a)3. 3. Arithmetic average of quarterly results for the four quarters immediately previous for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. 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, the water supplier shall report this information to the department as part of the first report due following the compliance date or anytime thereafter that this determination is made. If the public water system is required to conduct monitoring 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, unless the public water system is required to conduct increased monitoring under s. NR 809.63 (2).

NR 809.68(1)(a)4. 4. If the MCL for TTHM or HAA5s was violated at any monitoring location.

NR 809.68(1)(a)5. 5. Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated TTHM and HAA5 levels.

NR 809.68(1)(b) (b) Water suppliers for surface water or groundwater under the direct influence of surface water systems seeking to qualify for or remain on reduced TTHM or HAA5 monitoring, shall report the following source water TOC information for each treatment plant that treats surface water or groundwater under the direct influence of surface water to the department no later than 10 days after the end of any quarter in which monitoring is required:

NR 809.68(1)(b)1. 1. The number of source water TOC samples taken each month during the previous quarter.

NR 809.68(1)(b)2. 2. The date and result of each sample taken during the previous quarter.

NR 809.68(1)(b)3. 3. The quarterly average of monthly samples taken during the previous quarter or the result of the quarterly sample.

NR 809.68(1)(b)4. 4. The running annual average (RAA) of quarterly averages from the past four quarters.

NR 809.68(1)(b)5. 5. Whether the RAA exceeded 4.0 mg/L.

NR 809.68(1)(c) (c) The department may choose to perform calculations and determine whether the MCL was exceeded or the public water system is eligible for reduced monitoring in lieu of having the water supplier report that information

NR 809.68(2) (2) Recordkeeping. The water supplier shall retain any s. NR 809.62 monitoring plans and monitoring results collected under s. NR 809.61 as required by s. NR 809.82.

NR 809.68 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) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) (a) 3., (2) Register March 2016 No. 723, eff. 4-1-16.

subch. IV of ch. NR 809 Subchapter IV — Miscellaneous Chemical Monitoring Requirements, Raw Surface Water Standards, and Certified Laboratories

NR 809.70 NR 809.70 Secondary inorganic chemical and physical standards.

NR 809.70(1) (1) Secondary standards. Waters containing inorganic chemicals in quantities above the limits contained in this section are not hazardous to health but may be objectionable to an appreciable number of persons. The following secondary standards for inorganic chemicals are listed in Table AA:

Table AA

- See PDF for table

1 The primary maximum contaminant level for fluoride is contained in s. NR 809.11.

NR 809.70(2) (2) Applicability of secondary standards. The secondary standards contained in this section apply to all public water systems.

NR 809.70(3) (3) Compliance with the secondary drinking water standard and public notification for fluoride. Water suppliers for community water systems that exceed the secondary maximum contaminant level for fluoride as determined by the last single sample taken in accordance with the requirement of s. NR 809.113, but do not exceed the maximum contaminant level for fluoride as specified in s. NR 809.11, shall provide the notice as specified in s. NR 809.957 to all billing units annually, all new billing units at the time service begins and annually to the department and the department of health services.

NR 809.70 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (3) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) Table AA, (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.71 NR 809.71 Sampling and analytical requirements for secondary standards.

NR 809.71(1) (1) Complaints on aesthetic water quality. If the department receives complaints regarding the aesthetic quality of the water, the water supplier may be required to implement a monitoring program to determine compliance with s. NR 809.70.

NR 809.71(2) (2) Department required remedial action. If it is determined by the department that physical or chemical substances or both in excess of those standards contained in s. NR 809.70 are objectionable to an appreciable number of persons and are detrimental to the public welfare, the department may, on its own motion, require remedial action by the water supplier to insure that the public receives the highest quality water practicably obtainable.

NR 809.71(3) (3) Laboratory requirements. The department may require that laboratory test results submitted to the department under this section be performed by a laboratory certified or registered under ch. NR 149.

NR 809.71 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.73 NR 809.73 Sampling and analytical requirements for other chemicals.

NR 809.73(1) (1) Other chemical testing. If the department determines that the public health, safety or welfare requires testing for chemical or physical constituents in water which are not contained in this chapter, the department may order such testing as it deems necessary.

NR 809.73(1)(a) (a) The department shall provide public notice and an opportunity for public hearing within 90 days after any order under this subsection.

NR 809.73(1)(b) (b) Hearings under this subsection shall be class 1 hearings and shall be held in accordance with ch. 227, Stats.

NR 809.73(1)(c) (c) Such testing shall be done at a laboratory certified or registered by EPA or under ch. NR 149 as the department may require on a case-by-case basis.

NR 809.73(2) (2) Treatment control testing. Testing for other constituents shall be performed at public water systems as determined necessary by the department for design and control of treatment processes for contaminants which may affect public health or welfare. Such testing shall be done at a laboratory certified or registered by EPA or under ch. NR 149 as the department may require on a case-by-case basis.

NR 809.73 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.74 NR 809.74 Additional requirements for public water systems which chlorinate or fluoridate water.

NR 809.74(1) (1) Public water systems which add fluoride.

NR 809.74(1)(a) (a) The water supplier for a community water system artificially fluoridating the water shall establish a monitoring program in order to maintain the fluoride concentration within the range of 0.6 to 0.8 milligrams per liter recommended by the dental health section of the department of health services for optimum dental benefits.

NR 809.74(1)(b) (b) The monitoring program shall include:

NR 809.74(1)(b)1. 1. Submission of the results of daily fluoride tests of samples from the distribution system.

NR 809.74(1)(b)2. 2. One sample per month taken from a representative location in the distribution system and submitted to the state laboratory of hygiene. The sample submitted to the state laboratory of hygiene shall be a portion of a split sample so that the operator can determine the fluoride concentration with the operator’s equipment and compare it to the state laboratory results. The fluoride concentration obtained by the operator shall be noted on the data sheet prior to submission to the state laboratory.

NR 809.74(1)(b)3. 3. For public water systems with large distribution systems and multiple sources, more than one fluoride test per day may be necessary to assure proper feed rates. See s. NR 811.51 (7) for testing equipment requirements.

NR 809.74(1)(b)4. 4. The department may approve exceptions to the daily fluoride test requirement if the water supplier is able to demonstrate that the optimum fluoride concentration in par. (a) can be maintained utilizing a reduced monitoring program.

NR 809.74(2) (2) Chlorine. The water suppliers for all waterworks which chlorinate water shall test chlorine residuals at locations and intervals necessary to control the chlorination process. At groundwater supplies, the chlorine residual of a sample from a representative location in the distribution system shall be checked at least twice per week. Water suppliers for public water systems having surface water treatment plants or GWUDI systems shall determine the chlorine residual in the plant effluent continuously and in the distribution system at least daily in representative locations. Where water quality changes rapidly, residuals shall be tested at more frequent intervals as specified by the department and in those individual cases, continuous monitoring equipment may be required if the department determines it is necessary to protect public health. Chlorine residual testing is required when bacteriological samples are taken.

NR 809.74 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) Register March 2016 No. 723, eff. 4-1-16.

NR 809.75 NR 809.75 Raw surface water standards. The intake water for surface water treatment plants shall be the highest quality reasonably available and which, with appropriate treatment and adequate safeguards, will meet the drinking water standards in this chapter.

NR 809.75 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.76 NR 809.76 Laboratory certification.

NR 809.76(1) (1) Laboratory certification for compliance samples. For the purpose of compliance with ss. NR 809.113, 809.118, 809.119, 809.203, 809.25, 809.243, 809.54, 809.549 and 809.563, samples shall be analyzed at the state laboratory of hygiene, at a laboratory facility acceptable to the U.S. environmental protection agency, or at a laboratory certified for the safe drinking water test category under ch. NR 149. For the purpose of compliance with ss. NR 809.311, 809.323 and 809.334, bacteriological samples shall be analyzed at a laboratory facility certified or approved by the department of agriculture, trade and consumer protection, or at a laboratory facility acceptable to the U.S. environmental protection agency. For the purpose of compliance with s. NR 809.52 radiological samples shall be analyzed at a laboratory facility certified or acceptable to the U.S. environmental protection agency.

NR 809.76 Note Note: Section NR 149.42 describes procedures for allowing alternative methods from certified laboratories.

NR 809.76(2) (2) Laboratory certification for operational samples. Water suppliers for all community water systems utilizing surface water sources or GWUDI shall analyze bacteriological samples for in-plant operational control at a laboratory facility approved by the department of agriculture, trade and consumer protection.

NR 809.76 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.77 NR 809.77 Monitoring of consecutive public water systems. When a public water system supplies water to one or more other public water systems, the department may modify the monitoring requirements imposed by this chapter to the extent that the interconnection of the public water systems justifies treating them as a single public water system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the department and concurred in by the administrator of the U.S. environmental protection agency.

NR 809.77 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

subch. V of ch. NR 809 Subchapter V — Reporting, Consumer Confidence Reports and Record Keeping

NR 809.80 NR 809.80 Reporting requirements.

NR 809.80(1) (1) Reporting periods. Unless a shorter reporting period is specified in this chapter, the water supplier shall use a laboratory that will report to the department the results of any test measurement or analysis required by this chapter within one of the following time periods, whichever is shortest:

NR 809.80(1)(a) (a) The first 10 days following the month in which the analysis is completed.

NR 809.80(1)(b) (b) The first 10 days following the end of the required monitoring period as stipulated by the department.

NR 809.80(2) (2) Violation reporting. Unless another time period is specified in this chapter, the water supplier shall report to the department, no later than 24 hours after receiving the test results, the failure to comply with any maximum contaminant level, or monitoring requirement, or treatment technique set forth in this chapter.

NR 809.80(3) (3) Reporting responsibility. The supplier of water is not required to report analytical results to the department if the laboratory doing the analysis has reported the results electronically to the department within the time frames contained in this section. The water supplier is responsible for analytical results that are not reported within the required time frames.

NR 809.80(4) (4) Electronic reporting.

NR 809.80(4)(a) (a) When determining compliance with any water quality monitoring, or drinking water maximum contaminant levels specified in this chapter, the department shall accept analytical results only from laboratories that report results directly to the department in a department approved electronic format and are certified under ch. ATCP 77, ch. NR 149 for safe drinking water analyses or laboratories approved by EPA for radionuclide analyses.

NR 809.80(4)(b) (b) Results of microbiological samples collected to satisfy requirements of subch. I shall be reported to the department and the water supplier within 24 hours of the time the results are obtained by the laboratory. When results are obtained on a weekend or holiday, the results shall be provided to the water supplier and the department as soon as practicable.

NR 809.80(4)(c) (c) Analytical results other than those under par. (b) obtained to satisfy requirements of this chapter shall be reported as required under subs. (1) and (2).

NR 809.80(4)(d) (d) The department may approve submission of compliance data required under this chapter in alternate formats on a case-by-case basis if the alternate format does not create a delay in determining compliance with any requirement in this chapter or have the potential for delaying response to a public health threat.

NR 809.80(5) (5) Public notice reporting. The water supplier, within 10 days of completion of each public notification required under subch. VII, shall submit to the department a certification that it has fully complied with the public notification regulations. The water supplier shall include with this certification a representative copy of each type of notice distributed, published, posted, or made available to the persons served by the public water system or to the media, or both.