Wisconsin Legislature: NR 810.38(1)(e)2.

NR 810.36(4) (4) Use of two disinfectants. Unfiltered systems shall use a minimum of 2 disinfectants to meet the combined Cryptosporidium inactivation requirements of this section along with the Giardia lamblia and virus inactivation requirements of s. NR 810.31 (1). Each of the 2 disinfectants shall separately achieve the total inactivation required for either Cryptosporidium, Giardia lamblia, or viruses.

NR 810.36 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.37 NR 810.37 Cryptosporidium treatment requirement compliance schedule.

NR 810.37(1) (1) Following initial bin classification under s. NR 810.34 (3), filtered systems shall provide the level of treatment for Cryptosporidium required under s. NR 810.35 according to the schedule in sub. (3).

NR 810.37(2) (2) Following initial determination of the mean Cryptosporidium level under s. NR 810.36 (1) (a), unfiltered systems shall provide the level of treatment for Cryptosporidium required under s. NR 810.36 according to the schedule in sub. (3).

NR 810.37(3) (3) Cryptosporidium treatment compliance dates.

Cryptosporidium Treatment Compliance Dates Table - See PDF for table

1The department may allow up to an additional 2 years for complying with the treatment requirement for systems making capital improvements.

NR 810.37(4) (4) If the bin classification for a filtered system changes following the second round of source water monitoring, as determined under s. NR 810.34, the system shall provide the level of treatment for Cryptosporidium required under s. NR 810.35 on a schedule approved by the department.

NR 810.37(5) (5) If the mean Cryptosporidium level for an unfiltered GWUDI system changes following the second round of monitoring, as determined under s. NR 810.36, and if the system is required to provide a different level of Cryptosporidium treatment under s. NR 810.36 due to this change, the system shall meet this treatment requirement on a schedule approved by the department.

NR 810.37 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.38 NR 810.38 Monitoring requirements.

NR 810.38(1) (1) Monitoring requirements for groundwater systems under the direct influence of surface water that do not provide filtration. A public water system that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment shall begin monitoring as specified in this subsection on December 31, 1990, or 6 months after the department determines that the groundwater source is under the direct influence of surface water, whichever is later.

NR 810.38(1)(a) (a) Fecal coliform or total coliform density measurements as required by s. NR 810.30 (1) (a) shall be performed on representative source water samples immediately prior to the first or only point of disinfectant application. The water supplier shall sample for fecal or total coliforms at the following minimum frequency each week the system serves water to the public: - See PDF for table

NR 810.38(1)(b) (b) The samples in par. (a) shall be taken on separate days. In addition, one fecal or total coliform density measurement shall be performed every day the system serves water to the public and the turbidity of the source water exceeds one NTU. These samples count toward the weekly coliform sampling requirement.

NR 810.38(1)(c) (c) Turbidity measurements as required by s. NR 810.30 (1) (b) shall be performed on representative grab samples of source water immediately prior to the first or only point of disinfectant application every 4 hours, or more frequently, that the system serves water to the public. A public water system may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the department.

NR 810.38(1)(d) (d) The total inactivation ratio for each day that the system is in operation shall be determined based on the CT values in ss. NR 810.47 to 810.62, as appropriate. The parameters necessary to determine the total inactivation ratio shall be monitored as follows:

NR 810.38(1)(d)1. 1. Temperature of the disinfected water shall be measured at least once per day at each residual disinfectant concentration sampling point.

NR 810.38(1)(d)2. 2. If the system uses chlorine, the pH of the disinfected water shall be measured at least once per day at each chlorine residual disinfectant concentration sampling point.

NR 810.38(1)(d)3. 3. The disinfectant contact time (“T") shall be determined for each day during peak hourly flow.

NR 810.38(1)(d)4. 4. The residual disinfectant concentration (“C") of the water before or at the first customer shall be measured each day during peak hourly flow.

NR 810.38(1)(d)5. 5. If a system uses a disinfectant other than chlorine, the water supplier may demonstrate to the department, through the use of a department approved protocol for on-site disinfection challenge studies or other information satisfactory to the department, that CT values other than those specified in ss. NR 810.54 to 810.62, and other operational parameters, are adequate to demonstrate that the system is achieving the minimum inactivation rates specified in s. NR 810.31 (1) (a).

NR 810.38(1)(e) (e) For any given disinfectant, the total inactivation ratio shall be calculated as follows:

NR 810.38(1)(e)1. 1. If the system uses only one point of disinfectant application, the water supplier may determine the total inactivation ratio based on either of the following 2 methods:

NR 810.38(1)(e)1.a. a. One inactivation ratio (CTcalc/CT99.9) is determined before or at the first customer during peak hourly flow and if the (CTcalc/CT99.9) is greater than or equal to 1.0, the 99.9% Giardia lamblia inactivation requirement has been achieved.

NR 810.38(1)(e)1.b. b. Successive (CTcalc/CT99.9) values, representing sequential inactivation ratios, are determined between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the following method shall be used to calculate the total inactivation ratio:

Determine (CTcalc/CT99.9) for each sequence.

Add the (CTcalc/CT99.9) values together S(CTcalc/CT99.9).

If S (CTcalc/CT99.9) > or = 1.0, the 99.9% Giardia lamblia inactivation requirement has been achieved.

NR 810.38(1)(e)2. 2. If the system uses more than one point of disinfectant application before or at the first customer, the water supplier shall determine the CT value of each disinfection sequence immediately prior to the next point of disinfectant application during peak flow. The (CTcalc/CT99.9) value of each sequence and S (CTcalc/CT99.9) shall be calculated using the method in subd. 1. b. to determine if the system is in compliance with s. NR 810.31.

NR 810.38(1)(e)3. 3. Although not required, the total percent inactivation for a system with one or more points of residual disinfectant concentration monitoring may be calculated by solving the following equation:

Percent inactivation = 100 - (100/10), where

z = 3 x summation of (CTcalc/CT99.9)

NR 810.38(1)(f) (f) The residual disinfectant concentration of the water entering the distribution system shall be monitored continuously, and the lowest value shall be recorded each day, except that if there is a failure in the continuous monitoring equipment, grab sampling every 4 hours may be conducted in lieu of continuous monitoring, but for no more than 5 working days following the failure of the equipment, and systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the following prescribed frequencies: - See PDF for table

NR 810.38(1)(g) (g) The day's samples to meet par. (f) cannot be taken at the same time. The sampling intervals are subject to department review and approval. If at any time the residual disinfectant concentration falls below 0.2 mg/l in a system using grab sampling in lieu of continuous monitoring, the water supplier for the system shall take a grab sample every 4 hours until the residual concentration is equal to or greater than 0.2 mg/l.

NR 810.38(1)(h) (h) The residual disinfectant concentration of the water in the distribution system shall be measured as follows:

NR 810.38(1)(h)1. 1. The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, except that the department may allow the water supplier for a public water system which uses a groundwater source, to take disinfectant residual samples at points other than the total coliform sampling points if the department determines that the points are more representative of treated (disinfected) water quality within the distribution system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in s. NR 809.311 (1), Table F, may be measured in lieu of residual disinfectant concentration, when approved by the department.

NR 810.38(1)(h)2. 2. If the department determines, based on site specific considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions specified by s. NR 809.311, Table F, and that the system is providing adequate disinfection in the distribution system, the requirements of subd. 1. do not apply to that system.

NR 810.38(2) (2) Monitoring requirements for systems using filtration treatment. Water suppliers for a public water system that uses a surface water source or a groundwater source under the direct influence of surface water and provides filtration treatment shall monitor in accordance with all of the following:

NR 810.38(2)(a) (a) Turbidity measurements as specified in s. NR 810.29 shall be performed on representative samples of the system's combined filter effluent water every 4 hours, or more frequently, that the system serves water to the public. A water supplier may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the department. For any systems using slow sand filtration or filtration treatment other than conventional filtration treatment, direct filtration or diatomaceous earth filtration, the department may reduce the sampling frequency to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance. For systems serving 500 or fewer persons, the department may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the department determines that less frequent monitoring is sufficient to indicate effective filtration performance.

NR 810.38(2)(b) (b) Water suppliers for systems using conventional filtration treatment or direct filtration shall conduct continuous monitoring of turbidity for each individual filter using a method approved in s. NR 809.113 (1), Tables A and B and shall calibrate turbidimeters using the procedure specified by the manufacturer. Water suppliers shall record the results of individual filter monitoring every 15 minutes. If there is a failure in the continuous monitoring equipment, the water supplier shall conduct grab sampling every 4 hours in lieu of continuous monitoring, until the turbidimeter is repaired and back on-line. The water supplier shall repair the equipment no later than 5 working days after the failure or the system is in violation.

NR 810.38(2)(c) (c) The residual disinfectant concentration of the water entering the distribution system shall be monitored continuously, and the lowest value shall be recorded each day, except that if there is a failure in the continuous monitoring equipment, grab sampling every 4 hours may be conducted in lieu of continuous monitoring, but for no more than 5 working days following the failure of the equipment. Water suppliers for systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the frequencies each day prescribed as follows: - See PDF for table

1The day's samples cannot be taken at the same time. The sampling intervals are subject to department review and approval.

If at any time the residual disinfectant concentration falls below 0.2 mg/l in a system using grab sampling in lieu of continuous monitoring, the water supplier shall take a grab sample every 4 hours until the residual disinfectant concentration is equal to or greater than 0.2 mg/l.

NR 810.38(2)(d) (d) The residual disinfectant concentration in the distribution system shall be measured as follows:

NR 810.38(2)(d)1. 1. The residual disinfectant concentration shall be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled. The department may allow a public water system which uses both a surface water source or a groundwater source under direct influence of surface water, and a groundwater source to take disinfectant residual samples at points other than the total coliform sampling points if the department determines that the points are more representative of treated or disinfected water quality within the distribution system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in s. NR 809.311 (1), Table F, may be measured in lieu of residual disinfectant concentration, when approved by the department.

NR 810.38(2)(d)2. 2. If the department determines, based on site specific considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory under the requisite time and temperature conditions specified in s. NR 809.311 (1), Table F, and that the system is providing adequate disinfection in the distribution system, the requirements of subd. 1. do not apply to that system.

NR 810.38 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.39 NR 810.39 Reporting requirements.

NR 810.39(1) (1) Water suppliers shall report sampling schedules under s. NR 809.332 and source water monitoring results under s. NR 809.336 to the department unless they notify the department that they will not conduct source water monitoring due to meeting the criteria of s. NR 809.331 (4).

NR 810.39(2) (2) Water suppliers for filtered systems shall report the Cryptosporidium bin classification of their system to the department as described in s. NR 810.34.

NR 810.39(3) (3) Water suppliers for unfiltered GWUDI systems shall report the mean source water Cryptosporidium level of their system to the department as described in s. NR 810.36.

NR 810.39(4) (4) Water suppliers for filtered and unfiltered systems shall report disinfection profiles and benchmarks to the department as described in s. NR 810.32 prior to making a significant change in disinfection practice.

NR 810.39(5) (5) Water suppliers for filtered and unfiltered systems shall report to the department in accordance with the following table for any microbial toolbox options used to comply with treatment requirements under s. NR 810.35 or 810.36. Alternatively, the department may approve a system to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

Microbial Toolbox Reporting Requirements - See PDF for table

NR 810.39 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.40 NR 810.40 Recordkeeping requirements.

NR 810.40(1) (1) Public water systems shall keep results from the initial round of source water monitoring under s. NR 809.331 (1) and the second round of source water monitoring under s. NR 809.331 (2) until 3 years after bin classification under s. NR 810.34 for filtered systems or determination of the mean Cryptosporidium level under s. NR 810.35 for unfiltered GWUDI systems for the particular round of monitoring.

NR 810.40(2) (2) Public water systems shall keep any notification to the department that the systems will not conduct source water monitoring due to meeting the criteria of s. NR 809.331 (4) for 3 years from the date of notification.

NR 810.40(3) (3) Public water systems shall keep the results of treatment monitoring associated with microbial toolbox options under ss. NR 810.42 to 810.46 for 3 years from the date of monitoring.

NR 810.40 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

subch. III of ch. NR 810 Subchapter III — Toolbox Options for Meeting Enhanced Treatment for Cryptosporidium Requirements

NR 810.41 NR 810.41 Microbial toolbox options.

NR 810.41(1) (1)

NR 810.41(1)(a) (a) Public water systems receive the treatment credits listed in the table in sub. (2) by meeting the conditions for microbial toolbox options described in ss. NR 810.42 to 810.46. Systems apply these treatment credits to meet the treatment requirements in s. NR 810.35 or 810.36, as applicable.

NR 810.41(1)(b) (b) Unfiltered GWUDI systems are eligible for treatment credits for the microbial toolbox options described in s. NR 810.46 only.

NR 810.41(2) (2) The following table summarizes options in the microbial toolbox:

Microbial Toolbox Summary Table: Options, Treatment Credits, and Criteria - See PDF for table

NR 810.41 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.42 NR 810.42 Source toolbox components.

NR 810.42(1) (1) Watershed control program. Systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this section.

NR 810.42(1)(a) (a) Water suppliers for systems that intend to apply for the watershed control program credit shall notify the department of this intent no later than 2 years prior to the treatment compliance date applicable to the system in s. NR 810.37.

NR 810.42(1)(b) (b) Water suppliers for systems shall submit to the department a proposed watershed control plan no later than one year before the applicable treatment compliance date in s. NR 810.37. The department shall approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan shall include the following elements:

NR 810.42(1)(b)1. 1. Identification of an “area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. The area of influence is the area to be evaluated in future watershed surveys under subd. 2.

NR 810.42(1)(b)2. 2. Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system's source water quality.

NR 810.42(1)(b)3. 3. An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system's source water.

NR 810.42(1)(b)4. 4. A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan shall explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

NR 810.42(1)(c) (c) Public water systems with existing watershed control programs in place on or before January 5, 2006, are eligible to seek this credit. The watershed control plans shall meet the criteria in par. (b) and shall specify ongoing and future actions that will reduce source water Cryptosporidium levels.

NR 810.42(1)(d) (d) If the department does not respond to a water supplier regarding approval of a watershed control plan submitted under this section and the system meets the other requirements of this section, the watershed control program will be considered approved and 0.5 log Cryptosporidium treatment credit will be awarded unless and until the department subsequently withdraws the approval.

NR 810.42(1)(e) (e) Systems shall complete the following actions to maintain the 0.5-log credit:

NR 810.42(1)(e)1. 1. Submit an annual watershed control program status report to the department. The annual watershed control program status report shall describe the system's implementation of the approved plan and assess the adequacy of the plan to meet its goals. The status report shall explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the department or as the result of the watershed survey conducted under subd. 2. It shall also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the water supplier shall notify the department prior to making any changes. If any change is likely to reduce the level of source water protection, the water supplier shall also list in this notification the actions the system will take to mitigate this effect.

NR 810.42(1)(e)2. 2. Undergo a watershed sanitary survey every 3 years for community water systems and every 5 years for noncommunity water systems and submit the survey report to the department. The survey shall be conducted according to department guidelines and by persons the department approves.

NR 810.42(1)(e)2.a. a. The watershed sanitary survey shall meet the following criteria: encompass the region identified in the department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

NR 810.42(1)(e)2.b. b. If the department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems shall undergo another watershed sanitary survey by a date the department requires, which may be earlier than the regular date in this subdivision.

NR 810.42(1)(e)3. 3. The water supplier for the system shall make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents shall be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals.

NR 810.42(1)(f) (f) If the department determines that a system is not complying with the approved watershed control plan, the department may withdraw the watershed control program treatment credit.

NR 810.42(2) (2) Alternative source.

NR 810.42(2)(a)(a) A water supplier for a system may conduct source water monitoring that reflects a different intake location, either in the same source or for an alternate source, or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the department approves, a water supplier for that system may determine its bin classification under s. NR 810.34 based on the alternative source monitoring results.

NR 810.42(2)(b) (b) If water suppliers for systems conduct alternative source monitoring under this subsection, water suppliers shall also monitor the current plant intake for the system concurrently as described in s. NR 809.331.