Chapter NR 809

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.

NR 809.952 NR 809.952 Tier 2 public notice--form, manner, and frequency of notice.

NR 809.952(1) (1) Violations or situations which require a tier 2 public notice.

NR 809.952(1)(a) (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 2 public notice.

NR 809.952(1)(b) (b) Violation categories and other situations requiring a Tier 2 public notice include all of the following:

NR 809.952(1)(b)1. 1. All violations of the MCL, MRDL, and treatment technique requirements, except if a Tier 1 notice is required under s. NR 809.951 (1) or if the department determines that a Tier 1 notice is required.

NR 809.952(1)(b)2. 2. Violations of the monitoring and testing procedure requirements, if the department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

NR 809.952(1)(b)3. 3. Failure to comply with the terms and conditions of any variance or exemption in place.

NR 809.952(2) (2) Timing of a tier 2 public notice.

NR 809.952(2)(a) (a) Water suppliers for public water systems shall provide the Tier 2 public notice as soon as practical, but no later than 30 days after the public water system learns of the violation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The department may, in appropriate circumstances, allow additional time for the initial notice of up to 3 months from the date the public water system learns of the violation. The department may not grant an extension to the 30-day deadline for any unresolved violation nor allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the department shall be in writing.

NR 809.952(2)(b) (b) For MCL or treatment technique violations, the water supplier shall repeat the notice every 3 months as long as the violation or situation persists. For violations other than MCL or treatment technique violations the water supplier shall repeat the notice every 3 months as long as the violation or situation persists, unless the department determines that appropriate circumstances warrant a different notice frequency, but in no circumstance may the repeat notice be given less frequently than once per year. The department may not allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing.

NR 809.952(2)(c) (c) For turbidity violations specified in this paragraph, water supplier shall consult with the department as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under s. NR 809.951 (1) is required to protect public health. When consultation does not take place within the 24-hour period, the water supplier shall distribute a Tier 1 notice of the violation, no later than 48 hours after the public water system learns of the violation, following the requirements under s. NR 809.951 (2) and (3). Consultation with the department is required for any of the following:

NR 809.952(2)(c)1. 1. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1).

NR 809.952(2)(c)2. 2. Violation of the surface water treatment rule or interim enhanced surface water treatment rule treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

NR 809.952(3) (3) Form and manner of the tier 2 public notice. Water suppliers shall provide the initial Tier 2 public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of public water system, but it shall at a minimum meet all of the following requirements:

NR 809.952(3)(a) (a) Community water systems. Unless directed otherwise by the department in writing, water suppliers for community water systems shall provide notice by both of the following:

NR 809.952(3)(a)1. 1. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.

NR 809.952(3)(a)2. 2. Any other method reasonably calculated to reach other persons regularly served by the public water system, if they would not normally be reached by the notice required in subd. 1. Persons may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients and prison inmates. Other methods may include publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers; posting in public places served by the public water system or on the internet; or delivery to community organizations.

NR 809.952(3)(b) (b) Non-community water systems. Unless directed otherwise by the department in writing, water supplier for non-community water systems shall provide notice by all of the following:

NR 809.952(3)(b)1. 1. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the public water system, or by mail or direct delivery to each customer and service connection, if known.

NR 809.952(3)(b)2. 2. Any other method reasonably calculated to reach other persons served by the public water system if they would not normally be reached by the notice required in subd. 1. Other methods may include publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations, such as community centers.