NR 809.07(5)(5) Notwithstanding any other provisions of this chapter, if a contaminant listed in sub. (2) is detected at a concentration above the MCLG but below the MCL for that contaminant, the following shall apply: NR 809.07(5)(a)(a) The water supplier shall collect a confirmation sample to verify the presence of the contaminant, unless collected by the department. NR 809.07(5)(b)(b) Based upon verified results and following a determination by the department on the need for further action as specified in par. (c), the water supplier shall provide public information to its customers indicating the analytical results achieved and the health effects of ingesting the substance at the concentration found. NR 809.07(5)(c)(c) The department may require the water supplier to prepare and submit a report which does all of the following: NR 809.07(5)(c)2.2. Analyzes the cost, effectiveness and feasibility of alternatives for treating the water or developing alternative water sources. NR 809.07(5)(d)(d) If, based on the conclusions of the report if required under par. (c), the department determines that action is necessary to protect public health, it may require the water supplier to treat or replace the water source. NR 809.09NR 809.09 Applicability of primary maximum contaminant levels to water sources. Except as otherwise allowed in this chapter, no water source exceeding any primary maximum contaminant level in this chapter may be connected to a public water system unless blending or treatment is provided such that the primary maximum contaminant level is not exceeded upon entry to the distribution system. NR 809.09 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10. NR 809.10NR 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. NR 809.10 HistoryHistory: CR 15-049: cr. Register March 2016 No. 723, eff. 4-1-16. NR 809.11NR 809.11 Inorganic chemical maximum contaminant levels and BATs. NR 809.11(1)(1) Applicability. The following requirements apply to all of the maximum contaminant levels for inorganic contaminants: NR 809.11(1)(a)(a) The maximum contaminant levels for nitrate and nitrite apply to both community water systems and non-community water systems, except as provided in sub. (3). NR 809.11(1)(b)(b) The maximum contaminant level for fluoride only applies to community water systems. NR 809.11(1)(c)(c) The maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, mercury, nickel, selenium and thallium apply to community water systems and non-transient, non-community water systems. NR 809.11(2)(2) MCLs for inorganics. The following are the maximum contaminant levels for inorganic contaminants: 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
NR 809.11(3)(3) Operation with nitrates not exceeding 20 mg/l. At the discretion of the department, nitrate as nitrogen levels not to exceed 20 mg/l may be allowed in a non-community water system if the water supplier demonstrates all of the following to the satisfaction of the department: NR 809.11(3)(a)(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)(b)(b) The water supplier meets the public notification requirements under s. NR 809.958, including continuous posting of the fact that nitrate as nitrogen levels exceed 10 mg/l and the potential health effects of exposure. NR 809.11(3)(c)(c) Local and state public health authorities will be notified annually of nitrate as nitrogen levels that exceed 10 mg/l. NR 809.11(3)(d)(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. NR 809.11(4)(4) Best available treatment. The best available treatment technologies for inorganic contaminants are as follows: NR 809.11(4)(a)(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: NR 809.11 NoteKey to BATs in Table:
NR 809.11 Note1 = Activated Alumina
NR 809.11 Note2 = Coagulation/Filtration (not BAT for public water systems < 500 service connections)
NR 809.11 Note3 = Direct and Diatomite Filtration
NR 809.11 Note4 = Granular Activated Carbon
NR 809.11 Note5 = Ion Exchange
NR 809.11 Note6 = Lime Softening (not BAT for public water systems < 500 service connections)
NR 809.11 Note7 = Reverse Osmosis
NR 809.11 Note8 = Corrosion Control
NR 809.11 Note9 = Electrodialysis
NR 809.11 Note10 = Oxidation (Chlorine)
NR 809.11 Note11 = Ultraviolet
NR 809.11 Note12 = Oxidation/Filtration
NR 809.11 Note13 = Alkaline Chlorination (pH ³ 8.5)
NR 809.11(4)(b)(b) A water supplier may use an alternative treatment not listed in par. (a) if it is demonstrated to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub. (2). NR 809.11(5)(5) Small water system compliance technologies for Arsenic. NR 809.11(5)(a)(a) The EPA identifies the following table as the affordable technology, treatment technique, or other means available to public water systems serving 10,000 persons or fewer for achieving compliance with the maximum contaminant level for arsenic: NR 809.11(5)(b)(b) The department may allow Point of Use (POU) treatment only if the department determines that treatment prior to entry to the distribution system is not feasible. NR 809.11 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2), (3) (a), (d), (4) (a) Register March 2016 No. 723, eff. 4-1-16. NR 809.113NR 809.113 Sample collection and analytical requirements for inorganic contaminants. NR 809.113(1)(1) analytical methods. Analyses conducted to determine compliance with s. NR 809.11 shall be made in accordance with methods listed in Table A. 1 “Methods for Chemical Analysis of Water and Wastes,” EPA/600/4–79/020, March 1983. Available at NTIS, PB84–128677.
2 “Methods for the Determination of Metals in Environmental Samples—Supplement I,” EPA/600/R–94/111, May 1994. Available at NTIS, PB95–125472.
3 Annual Book of ASTM Standards, 1994, 1996, 1999, or 2003, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of the method may be used. The previous versions of D1688–95A, D1688–95C (copper), D3559–95D (lead), D1293–95 (pH), D1125–91A (conductivity) and D859–94 (silica) are also approved. These previous versions D1688–90A, C; D3559–90D, D1293–84, D1125–91A and D859–88, respectively are located in the Annual Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
4 Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), 20th edition (1998), 21st edition (2005), or 22nd edition (2012). American Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may be used, except that the versions of 3111 B, 3111 D, 3113 B and 3114 B in the 20th edition may not be used.
5 Method I–2601–90, Methods for Analysis by the U.S. Geological Survey National Water Quality Laboratory—Determination of Inorganic and Organic Constituents in Water and Fluvial Sediment, Open File Report 93–125, 1993; For Methods I–1030–85; I–1601–85; I–1700–85; I–2598–85; I–2700–85; and I–3300–85 See Techniques of Water Resources Investigation of the U.S. Geological Survey, Book 5, Chapter A–1, 3rd edition., 1989; Available from Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225–0425.
6 “Methods for the Determination of Inorganic Substances in Environmental Samples,” EPA/600/R–93/100, August 1993. Available at NTIS, PB94–120821.
7 The procedure shall be done in accordance with the Technical Bulletin 601 “Standard Method of Test for Nitrate in Drinking Water,” July 1994, PN 221890–001, Analytical Technology, Inc. Copies may be obtained from ATI Orion, 529 Main Street, Boston, MA 02129.
8 Method B–1011, “Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion Chromatography,” August 1987. Copies may be obtained from Waters Corporation, Technical Services Division, 34 Maple Street, Milford, MA 01757, Telephone: 508/482–2131, Fax: 508/482–3625.
9 Method 100.1, “Analytical Method For Determination of Asbestos Fibers in Water,” EPA/600/4–83/043, EPA, September 1983. Available at NTIS, PB83–260471.
10 Method 100.2, “Determination of Asbestos Structure Over 10-ìm In Length In Drinking Water,” EPA/600/R–94/134, June 1994. Available at NTIS, PB94–201902.
11 Industrial Method No. 129–71W, “Fluoride in Water and Wastewater,” December 1972, and Method No. 380–75WE, “Fluoride in Water and Wastewater,” February 1976, Technicon Industrial Systems. Copies may be obtained from Bran & Luebbe, 1025 Busch Parkway, Buffalo Grove, IL 60089.
12 Unfiltered, no digestion or hydrolysis.
13 Because MDLs reported in EPA Methods 200.7 and 200.9 were determined using a 2x preconcentration step during sample digestion, MDLs determined when samples are analyzed by direct analysis ( i.e. , no sample digestion) will be higher. For direct analysis of cadmium and arsenic by Method 200.7, and arsenic by Method 3120 B, sample preconcentration using pneumatic nebulization may be required to achieve lower detection limits. Preconcentration may also be required for direct analysis of antimony, lead, and thallium by Method 200.9; antimony and lead by Method 3113 B; and lead by Method D3559–90D, unless multiple in-furnace depositions are made.
14 If ultrasonic nebulization is used in the determination of arsenic by Methods 200.7, 200.8, or SM 3120 B, the arsenic must be in the pentavalent state to provide uniform signal response. For Methods 200.7 and 3120 B, both samples and standards must be diluted in the same mixed acid matrix concentration of nitric and hydrochloric acid with the addition of 100 ìL of 30% hydrogen peroxide per 100 mL of solution. For direct analysis of arsenic with Method 200.8 using ultrasonic nebulization, samples and standards must contain 1 mg/L of sodium hypochlorite.
15 The description for Method Number 1001 for lead is available from Palintest, LTD, 21 Kenton Lands Road, P.O. Box 18395, Erlanger, KY 41018. Or from the Hach Company, P.O. Box 389, Loveland, CO 80539.
16 The description for the Kelada-01 Method, “Kelada Automated Test Methods for Total Cyanide, Acid Dissociable Cyanide, And Thiocyanate,” Revision 1.2, August 2001, EPA # 821–B–01–009 for cyanide is available from the National Technical Information Service (NTIS), PB 2001–108275, 5285 Port Royal Road, Springfield, VA 22161. The toll free telephone number is 800–553–6847.
NR 809.113 NoteNote: A 450–W UV lamp may be used in this method instead of the 550–W lamp specified if it provides performance within the quality control (QC) acceptance criteria of the method in a given instrument. Similarly, modified flow cell configurations and flow conditions may be used in the method, provided that the QC acceptance criteria are met.
17 The description for the QuikChem Method 10–204–00–1–X, “Digestion and distillation of total cyanide in drinking and wastewaters using MICRO DIST and determination of cyanide by flow injection analysis,” Revision 2.1, November 30, 2000, for cyanide is available from Lachat Instruments, 6645 W. Mill Rd., Milwaukee, WI 53218. Telephone: 414–358–4200.
18 “Methods for the Determination of Organic and Inorganic Compounds in Drinking Water,” Vol. 1, EPA 815–R–00–014, August 2000. Available at NTIS, PB2000–106981.
19 Method OIA–1677, DW “Available Cyanide by Flow Injection, Ligand Exchange, and Amperometry,” January 2004. EPA–821–R–04–001, Available from ALPKEM, A Division of OI Analytical, P.O. Box 9010, College Station, TX 77842–9010.
20 Sulfide levels below those detected using lead acetate paper may produce positive method interferences. Test samples using a more sensitive sulfide method to determine if a sulfide interference is present, and treat samples accordingly.
21 Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used. 22 Method D6508, Rev. 2, “Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and Chromate Electrolyte,” available from Waters Corp, 34 Maple St, Milford, MA, 01757, Telephone: 508/482–2131, Fax: 508/482–3625.
23 “Methods for the Determination of Inorganic Substances in Environmental Samples”, EPA-600/R-93-100, August 1993, Available at NTIS, PB94-121811
