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Note: Performance evaluation samples are also known as proficiency testing samples.
SECTION 11.
NR 809.04 (71) is amended to read:
NR 809.04 (71)“Running annual average” means the sum of 1, 2, 3 or 4 calendar quarter sample results divided by 4. The first sample may be the average of the initial and confirmation sample results. If more than 4 calendar quarters of samples have been collected in more than 4 consecutive calendar quarters, the results from the 4 most recent quarters shall be are used. If multiple compliance samples are collected in a single calendar quarter, the sample which yielded the highest concentration shall be is used to calculate the running annual average. If a quarterly sample is not taken within a required consecutive quarter then the divisor shall be is the number of quarterly samples that have been analyzed within the required time period.
SECTION 12.
NR 809.04 (71m),NR 809.04 (72m), and NR 809.04 (74m) are created to read:
NR 809.04 (71m) Sanitary defect” means a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

NR 809.04 (72m) Seasonal system” means a non-community water system that is not operated as a public water system on a year-round basis and that starts up and shuts down at the beginning and end of each operating season.
NR 809.04 (74m)Serves or serving” means provides or providing the opportunity for human consumption.
SECTION 13.
NR 809.04 (93) is renumbered NR 809.04 (89m).
SECTION 14.
NR 809.04 (93) is created to read:
NR 809.04 (93)Year-round resident” means a resident who resides in the same living unit for 6 months per year or more.
SECTION 15.
NR 809.05 (4) is repealed.
SECTION 16.
NR 809.06 is amended to read:
NR 809.06General requirements. Water suppliers shall conduct the minimum monitoring required by this chapter. The department may increase any monitoring requirements in this chapter, if the department determines that any increase is necessary to protect public health, safety or welfare. The department may require additional monitoring and analysis when necessary to verify water quality, treatment effectiveness, or to ensure representative sampling throughout an entire distribution system. The department may decrease any monitoring requirements in this chapter, if the department determines that such a decrease will not adversely affect protection of public health, safety or welfare.
SECTION 17.
NR 809.07 (1) is amended to read:
NR 809.07Maximum contaminant level goals for primary contaminants. (1)Maximum contaminant level goals (MCLGs) are zero for the following contaminants:
Giardia lamblia
Cryptosporidium
Legionella
Total Coliforms
Fecal Coliforms
Escherichia coli
Viruses
Lead
Arsenic
Chloroform
Bromodichloromethane
Bromoform
Bromate
Dichloroacetic acid
Combined radium-226 and radium-228
Beta particle and photon radioactivity
Gross alpha particle activity (excluding radon and uranium)
Uranium
SECTION 18.
NR 809.10 is created to read:
NR 809.10 Use of bottled water. Public water systems may not use bottled water to achieve compliance with an MCL. Bottled water may be used temporarily to avoid unreasonable risk to health.
SECTION 19.
NR 809.11 (2) is amended to read:
NR 809.11 (2)MCLs for inorganics. The following are the maximum contaminant levels for inorganic contaminants:
Contaminant
MCLG MCL in mg/L
Antimony   0.006
Arsenic   0.010
Asbestos   7 Million fibers/Liter (longer than 10 um)
Barium   2
Beryllium   0.004
Cadmium   0.005
Chromium   0.1
Cyanide(as free Cyanide)0.2
Fluoride   4.0
Mercury   0.002
Nickel   0.1
Nitrate   10 (as Nitrogen)
Nitrite   1 (as Nitrogen)
Total Nitrate Nitrite   10 (as Nitrogen)
Selenium   0.05
Thallium   0.002
SECTION 20.
NR 809.11 (3) (a) and NR 809.11 (3) (d) are amended to read:
NR 809.11 (3) (a) The water will not be available to children under 6 months of age or any female who is or may become pregnant.
NR 809.11 (3) (d) A supply of bacteriologically safe drinking water, containing less than 10 mg/l nitrate as nitrogen, is provided for infants less than 6 months of age and any female who is or may become pregnant.
SECTION 21.
NR 809.11 (4) (a) is amended to read:
NR 809.11 (4) (a) The best available technologies or BATs for achieving compliance with the maximum contaminant levels for the inorganic contaminants listed in sub. (2), except for fluoride, are as follows:
Contaminant
BAT(s)
Antimony
2,7
Arsenic4
1,2,5,6,7,9,125
Asbestos
2,3,8
Barium
5,6,7,9
Beryllium
1,2,5,6,7
Cadmium
2,5,6,7
Chromium
2,5,62,7
Cyanide
5,7,10, 13
Mercury
21,4,61,71
Nickel
5,6,7
Nitrate
5,7,9
Nitrite
5,7
Selenium
1,23,6,7,9
Thallium
1,5
1BAT only if influent Hg concentration
2BAT for Chromium III only.
3BAT for Selenium IV only.
4BATs for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.
5To obtain high removals, iron to arsenic ratio must be at least 20:1.
Key to BATs in Table:
1 = Activated Alumina
2 = Coagulation/Filtration (not BAT for public water systems < 500 service connections)
3 = Direct and Diatomite Filtration
4 = Granular Activated Carbon
5 = Ion Exchange
6 = Lime Softening (not BAT for public water systems < 500 service connections)
7 = Reverse Osmosis
8 = Corrosion Control
9 = Electrodialysis
10 = Oxidation (Chlorine)
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