Chapter NR 809

NR 809.90(8) (8) Extension of waivers. The department may extend a compliance deadline not to exceed 3 years, or 2 years for a small system conditional waiver under sub. (2), beyond the expiration date of the original conditional waiver if the water supplier establishes all of the following:

NR 809.90(8)(a) (a) The public water system cannot meet the maximum contaminant level or treatment technique requirement without capital improvements which cannot be completed within the period of the conditional waiver.

NR 809.90(8)(b) (b) The water supplier has entered into an enforceable agreement to become part of a regional public water system or, if the water supplier needs financial assistance for the necessary capital improvements, the water supplier has entered into an agreement to obtain the financial assistance.

NR 809.90(8)(c) (c) The water supplier is taking all practicable steps to meet the standard.

NR 809.90(9) (9) Renewal of waiver extensions. The department may renew an extension granted under sub. (8) if the water supplier establishes all of the following:

NR 809.90(9)(a) (a) The public water system does not serve more than 500 service connections.

NR 809.90(9)(b) (b) The public water system cannot meet a maximum contaminant level or treatment technique requirement without financial assistance for the necessary capital improvements.

NR 809.90(9)(c) (c) The public water system is taking all practicable steps to achieve compliance with a maximum contaminant level or treatment technique requirement.

NR 809.90 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.905 NR 809.905 Conditional waivers from the maximum contaminant levels for uranium.

NR 809.905(1) (1) General requirements for uranium waivers. The department may grant conditional waivers from the maximum contaminant level for uranium if all of the following occur:

NR 809.905(1)(a) (a) The department has identified the best available technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51, for the purposes of issuing a conditional waiver, as shown in s. NR 809.50 (3), Table B.

NR 809.905(1)(b) (b) The department identifies the best available technology, treatment techniques or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51 for the purposes of issuing conditional waivers to small drinking water systems, defined as those serving 10,000 persons or fewer, as shown in s. NR 809.50 (4), Tables K and L.

NR 809.905(1)(c) (c) The water supplier has entered into a signed consent order agreement with the department regarding the conditional waiver.

NR 809.905(2) (2) Treatment as a condition of uranium waivers. The department shall require community water systems to install or use, or both install and use, any treatment technology identified in s. NR 809.50 (3), Table B, or in the case of community water systems that serve 10,000 persons or fewer, s. NR 809.50 (3), Table C and Table E, as a condition for granting a conditional waiver except as provided in sub. (3).

NR 809.905(3) (3) Waiver for alternative treatment if BATs are not effective. If a water supplier for a community water system can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment technologies identified in this section would only achieve a de minimus reduction in the contaminant level, the department may issue a schedule for compliance that requires the community water system being granted the conditional waiver to examine other treatment technologies as a condition of obtaining the conditional waiver.

NR 809.905(4) (4) Requirement to install alternative treatment. If the department determines that a treatment technology identified under sub. (3) is technically feasible, the department may require the public water system to install or use, or both install and use, that treatment technology in connection with a compliance schedule issued under s. NR 809.90. The department’s determination shall be based upon studies by the water supplier for the public water system and other relevant information.

NR 809.905(5) (5) Bottled water, point of entry, point of use or other means as a condition of granting a waiver. The department may require a community water system to use bottled water, point-of-use devices, point-of-entry devices or other means as a condition of granting a conditional waiver from the requirements of s. NR 809.50 or 809.51 to avoid an unreasonable risk to health.

NR 809.905(6) (6) Requirements for bottled water use. Community water systems that use bottled water as a condition for receiving a conditional waiver from s. NR 809.50 or 809.51 shall meet the requirements in either s. NR 809.90 (4) (a) or (b) and (c).

NR 809.905(7) (7) Conditions for using point of use or point of entry devices. Community water systems that use point-of-use or point-of-entry devices as a condition for obtaining a conditional waiver from the uranium MCL shall meet the conditions in ss. NR 809.50 (4) (b) and 809.90 (3).

NR 809.905 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.91 NR 809.91 Nitrate variances.

NR 809.91(1) (1) Variances for non-community water systems. A non-community water system is eligible for a variance from the nitrate as nitrogen maximum contaminant level if all of the following are met:

NR 809.91(1)(a) (a) The department determines that because of the characteristics of the raw water sources which are reasonably available, the non-community water system cannot comply with the maximum contaminant level for nitrate as nitrogen.

NR 809.91(1)(b) (b) The non-community water system has not had a nitrate as nitrogen sample which exceeds 20 mg/l, confirmed by a check sample.

NR 809.91(1)(c) (c) The water supplier continuously posts a department approved notice at all water taps supplied with water by the non-community water system. The notice shall state that the nitrate as nitrogen level exceeds 10 mg/l and describe the potential health effects of exposure.

NR 809.91(1)(d) (d) The water supplier ensures that water from their public water system will not be available to children under 6 months of age and provides bottled water which complies with all maximum contaminant levels for such children.

NR 809.91(1)(e) (e) No adverse health effects will result.

NR 809.91(2) (2) Variances for community water systems. A community water system serving a nursing home, prison or mental health care facility, is eligible for a variance from the nitrate as nitrogen maximum contaminant level if all of the following are met:

NR 809.91(2)(a) (a) The water supplier for the institution does not permit infants under 6 months of age as residents.

NR 809.91(2)(b) (b) The community water system has not had a nitrate as nitrogen sample which exceeds 20 mg/l, confirmed by a check sample.

NR 809.91(2)(c) (c) The water supplier for the institution continuously posts a department approved notice at all water taps supplied with water by the community water system. The notice shall state that the nitrate as nitrogen level exceeds 10 mg/l and describe the potential health effects of exposure.

NR 809.91(2)(d) (d) The water supplier for the institution ensures that water from its public water system will not be available to children under 6 months of age and provides bottled water which complies with all maximum contaminant levels for such children.

NR 809.91(2)(e) (e) No adverse health effects will result.

NR 809.91(3) (3) Control measures for variances. The department may condition the issuance of a variance under this section on compliance with such control measures as it deems necessary. Failure to comply with any term or condition of a variance granted by the department under this section voids the variance.

NR 809.91 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

subch. VII of ch. NR 809 Subchapter VII — Public Notification of Drinking Water Violations

NR 809.950 NR 809.950 General public notification requirements.

NR 809.950(1) (1) General requirements. All water suppliers for public water systems shall comply with the requirements in this subchapter.

NR 809.950(2) (2) Who shall give public notice. Each water supplier for a public water system including, community water systems, non-transient non-community water systems, and transient non-community water systems, shall give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in sub. (3). The term “NPDWR violations” is used in this subchapter to include violations of the maximum contaminant level, maximum residual disinfection level, treatment technique, monitoring requirements, and testing procedures in this chapter. Appendix A to this subchapter identifies the tier assignment for each specific violation or situation requiring a public notice.

NR 809.950(3) (3) Violation categories and other situations requiring a public notice.

NR 809.950(3)(a) (a) All of the following NPDWR violations require a public notice:

NR 809.950(3)(a)1. 1. Failure to comply with an applicable maximum contaminant level or maximum residual disinfectant level.

NR 809.950(3)(a)2. 2. Failure to comply with a treatment technique prescribed by this chapter.

NR 809.950(3)(a)3. 3. Failure to perform water quality monitoring, as required by the drinking water regulations.

NR 809.950(3)(a)4. 4. Failure to comply with testing procedures as prescribed in this chapter or by a drinking water regulation.

NR 809.950(3)(b) (b) Conditional waiver to public notice requirements under subch. VI, including all of the following, require a public notice:

NR 809.950(3)(b)1. 1. Operation under a conditional waiver.

NR 809.950(3)(b)2. 2. Failure to comply with the requirements of any schedule that has been set under a conditional waiver.

NR 809.950(3)(c) (c) Special public notices, including all of the following, require a public notice:

NR 809.950(3)(c)1. 1. Occurrence of a waterborne disease outbreak or other waterborne emergency.

NR 809.950(3)(c)2. 2. Exceedance of the nitrate MCL by non-community water systems, if granted permission by the department under s. NR 809.11 (3).

NR 809.950(3)(c)3. 3. Exceedance of the secondary maximum contaminant level for fluoride.

NR 809.950(3)(c)4. 4. Availability of unregulated contaminant monitoring data.

NR 809.950(3)(c)5. 5. Other violations and situations determined by the department to require a public notice under this subchapter, not listed in Appendix A.

NR 809.950(4) (4) Type of public notice required for each violation or situation.

NR 809.950(4)(a) (a) Public notice tiers. Public notice requirements are divided into 3 tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in sub. (3) are determined by the tier to which it is assigned. The definition of each tier is provided in par. (b). Appendix A identifies the tier assignment for each specific violation or situation.

NR 809.950(4)(b) (b) Definition of public notice tiers.

NR 809.950(4)(b)1. 1. Tier 1 public notice is required for NPDWR violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

NR 809.950(4)(b)2. 2. Tier 2 public notice is required for NPDWR violations and situations with potential to have serious adverse effects on human health.

NR 809.950(4)(b)3. 3. Tier 3 public notice is required for NPDWR violations or situations not included in Tier 1 and Tier 2.

NR 809.950(5) (5) Who shall be notified.

NR 809.950(5)(a) (a) Each water supplier for a public water system shall provide public notice to persons served by the public water system, in accordance with this subchapter. All water suppliers for public water systems that sell or otherwise provide drinking water to consecutive systems are required to give public notice to the water supplier for the consecutive system. The water supplier for a consecutive system is responsible for providing public notice to the persons it serves.

NR 809.950(5)(b) (b) If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the department may allow the water supplier to limit distribution of the public notice to only persons served by that portion of the public water system which is out of compliance. If the department grants permission for limiting distribution of the notice, permission shall be granted in writing.

NR 809.950(5)(c) (c) A copy of the notice shall also be sent to the department, in accordance with the requirements under s. NR 809.80 (5).

NR 809.950 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.951 NR 809.951 Tier 1 public notice — form, manner, and frequency of notice.

NR 809.951(1) (1) Violations or situations which require a tier 1 public notice.

NR 809.951(1)(a) (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 1 public notice.

NR 809.951(1)(b) (b) Violation categories and other situations requiring a Tier 1 public notice include all of the following:

NR 809.951(1)(b)1. 1. Violation of the MCL for E. coli, as specified in s. NR 809.30.

NR 809.951(1)(b)2. 2. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in s. NR 809.11, or when the water supplier for the public water system fails to take a confirmation sample within 24 hours of the water supplier’s receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in s. NR 809.115 (6) (b).

NR 809.951(1)(b)3. 3. Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the department under s. NR 809.11 (3), as required under s. NR 809.958.

NR 809.951(1)(b)4. 4. Violation of the MRDL for chlorine dioxide, as defined in s. NR 809.561 (2), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier for the public water system does not take the required samples in the distribution system, as specified in s. NR 809.566 (3) (b) 1.

NR 809.951(1)(b)5. 5. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1), where the department determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the public water system learns of the violation.

NR 809.951(1)(b)6. 6. Violation of the surface water treatment rule (SWTR) or interim enhanced surface water treatment rule (IESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit as identified in Appendix A, if the department determines after consultation that a Tier 1 notice is required or if consultation does not take place within 24 hours after the water supplier for the public water supply learns of the violation.

NR 809.951(1)(b)7. 7. Occurrence of a waterborne disease outbreak, as defined in s. NR 809.04 (90), or other waterborne emergency, such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

NR 809.951(1)(b)8. 8. Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the department either in its regulations or on a case-by-case basis.

NR 809.951(1)(b)9. 9. Detection of E. coli, enterococci, or coliphage in source water samples as specified under s. NR 809.325 (2).

NR 809.951(2) (2) Timing of a tier 1 public notice and additional steps. Water suppliers public water systems shall do all of the following if Tier 1 public notice is required:

NR 809.951(2)(a) (a) Provide a public notice as soon as practical but no later than 24 hours after the water supplier learns of the violation.

NR 809.951(2)(b) (b) Initiate consultation with the department as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements.

NR 809.951(2)(c) (c) Comply with any additional public notification requirements, including any repeat notices or direction on the duration of the posted notices, that are established as a result of the consultation with the department. Requirements may include the timing, form, manner, frequency, and content of repeat notices, if any, and other actions designed to reach all persons served.

NR 809.951(3) (3) Form and manner of the public notice. Water suppliers for public water systems shall provide the Tier 1 public notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the water supplier shall be designed to fit the specific situation, and to reach residential, transient and non-transient users of the public water system. To reach all persons served, water supplier shall use, at a minimum, one or more of the following forms of delivery:

NR 809.951(3)(a) (a) Appropriate broadcast media, such as radio and television.

NR 809.951(3)(b) (b) Posting of the notice in conspicuous locations throughout the area served by the public water system.

NR 809.951(3)(c) (c) Hand delivery of the notice to persons served by the public water system.

NR 809.951(3)(d) (d) Another delivery method approved in writing by the department.

NR 809.951 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) (b) 1. Register March 2016 No. 723, eff. 4-1-16.