Chapter NR 809

NR 809.205(2)(d) (d) Waiver evaluation. The department may grant a waiver from the requirements of this subsection after evaluating all of the following factors:

NR 809.205(2)(d)1. 1. ‘Waiver evaluation when the department determines a contaminant has not been used.’ The department may grant a waiver as described in this subdivision and subd. 2. of this paragraph under the following circumstances when the department determines a contaminant has not been used based on a system’s previous use information, including transport, storage, or disposal of the contaminant within the watershed or zone of influence of the public water system, or the results of analysis of a system’s water source:

NR 809.205(2)(d)1.a. a. When a groundwater system can demonstrate that a synthetic organic contaminant has not been used, the department may grant waivers for the contaminant based on results of the analysis of a minimum of one sample at the water source, except as noted under subd. 1. b.

NR 809.205(2)(d)1.b. b. The department may grant waivers to ground water systems for dioxin, PCBs, di(2-ethylhexyl)adipate, and di(2-ethylhexyl)phthalate without requiring analysis of the water source, if the system can demonstrate lack of use of the contaminant.

NR 809.205(2)(d)1.c. c. The department may grant waivers for benzo(a)pyrene to ground water, surface water, and GWUDI systems without requiring analysis of the water source, if the system can demonstrate a lack of use of coal tar to line or seal a system’s tanks or pipes.

NR 809.205(2)(d)2. 2. ‘Waiver evaluation when a contaminant has been used or its use is unknown.’ If previous use of the contaminant is unknown or it has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:

NR 809.205(2)(d)2.a. a. Previous analytical results.

NR 809.205(2)(d)2.b. b. The proximity of the public water system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

NR 809.205(2)(d)2.c. c. The environmental persistence and transport of the pesticide or PCBs.

NR 809.205(2)(d)2.d. d. How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.

NR 809.205(2)(d)2.e. e. Elevated nitrate levels at the water supply source.

NR 809.205(2)(d)2.f. f. Use of PCBs in equipment used in the production, storage or distribution of water such as pumps and transformers.

NR 809.205(2)(e) (e) Waiver conditions and monitoring assessments. As a condition of the waiver under par. (d), the water supplier for a groundwater system shall update the monitoring assessment considering the factors listed under par. (d). Based on this monitoring assessment, the department shall reconfirm that the public water system is non-vulnerable. If the department does not make this reconfirmation within 3 years of the initial determination or each subsequent determination, then the waiver is invalidated and the public water system is required to sample during each compliance period as specified under par. (b).

NR 809.205(6) (6) Monitoring for detected contaminants. If a synthetic organic contaminant listed in s. NR 809.20 is detected, as provided by s. NR 809.203 (1) in any sample, then the water supplier shall monitor quarterly at each entry point which resulted in detection. Quarterly monitoring may be modified by the department as follows:

NR 809.205(6)(a) (a) The department may decrease the quarterly monitoring requirement specified in par. (a) provided it has determined that the public water system is reliably and consistently below the MCL. In no case may the department make this determination unless a groundwater system has been monitored in a minimum of 2 quarters and a surface water system has been monitored in a minimum of 4 quarters.

NR 809.205(6)(b) (b) After the department determines the public water system is reliably and consistently below the MCL, the department may allow the public water system to be monitored annually. Public water systems which are monitored annually shall be monitored during the quarter that previously yielded the highest analytical results.

NR 809.205(6)(c) (c) Water suppliers for public water systems that have 3 consecutive annual samples with no detection of a contaminant may apply to the department for reduced routine monitoring as specified under subs. (1) (c) and (2) (b) or a waiver as specified under subs. (1) (d) and (e) and (2) (c) and (d).

NR 809.205(6)(d) (d) If monitoring results in detection of one or more of certain related contaminants such as heptachlor and heptachlor epoxide, then subsequent monitoring shall analyze for all related contaminants.

NR 809.205(7) (7) Monitoring when an MCL is exceeded. Additional monitoring for synthetic organic contaminants shall be required as follows in order to maintain compliance:

NR 809.205(7)(a) (a) If an organic contaminant listed in s. NR 809.20 is detected at a level exceeding the MCL in any sample, then the water supplier shall begin to take quarterly samples at each entry point which exceeded an MCL.

NR 809.205(7)(b) (b) Public water systems which exceed an MCL listed in s. NR 809.20 as determined by s. NR 809.207 (1) shall be monitored quarterly. After a minimum of 4 quarterly samples show that the public water system is back in compliance and the department determines the public water system is reliably and consistently below the MCL as specified in s. NR 809.207 (1), the public water system shall be monitored at the frequency specified in sub. (6) (b).

NR 809.205(8) (8) Confirmation samples. The department may require a confirmation sample for positive or negative results. If a confirmation sample is required by the department, the result shall be averaged with the first sampling result and the average used for the compliance determination as specified by s. NR 809.207 (1). The department may delete results of obvious sampling errors from this calculation, or may require additional samples to determine whether the result is or is not in error.

NR 809.205(9) (9) Composite sampling. The department may reduce the total number of samples a public water system is required to analyze by allowing the use of compositing. If the department allows compositing, the following composite sampling requirements shall be met:

NR 809.205(9)(a) (a) Composite samples from a maximum of 5 entry points are allowed, if the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing is only permitted at entry points within a single public water system. Compositing of samples shall be done in the laboratory and analyzed within 14 days of sample collection.

NR 809.205(9)(b) (b) If the concentration in the composite sample detects one or more contaminants listed in s. NR 809.20, then a follow-up sample shall be taken and analyzed for each contaminant detected within 14 days from each entry point included in the composite.

NR 809.205(9)(c) (c) If duplicate aliquots of the original sample taken from each entry point used in the composite are available, the public water system may use these duplicates instead of re-sampling. The duplicate shall be analyzed and the results reported to the department within 14 days of collection.

NR 809.205(10) (10) Increasing monitoring frequency. The department may increase the required monitoring frequency, if necessary, to detect variations within the public water system. Examples of variations include fluctuations in concentration due to seasonal use or changes in the water source.

NR 809.205(11) (11) Designation of sampling times. Each public water system shall be monitored during the month, quarter or year designated by the department within each compliance period.

NR 809.205 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) (a), (3), (4) (intro.), renum. (4) (a) to (a) (intro.) and am., cr. (4) (a) 1. to 3., am. (4) (b), (5) Register March 2016 No. 723, eff. 4-1-16; CR 21-088: cr. (1g), (1r), am. (2) (intro.), (a), (b), renum. (3), (4), (5) to (2) (c), (d), (e) and, as renumbered, am. (2) (c), (d) (intro.), 1. (intro.), a., (e), am. (6) (c) Register July 2022 No. 799, eff. 8-1-22; correction in (1r) (e) (intro.), (6) (c) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (d) 1. made under ss. 13.92 (4) (b) 7., and 35.17, Stats., Register July 2022 No. 799.

NR 809.207 NR 809.207 Compliance requirements for synthetic organic contaminants.

NR 809.207(1) (1) MCL compliance determination. Compliance with synthetic organic contaminant MCLs shall be determined as follows:

NR 809.207(1)(a) (a) Compliance with the synthetic organic contaminant MCLs specified in s. NR 809.20 shall be determined based on the analytical results obtained at each entry point. If one entry point is in violation of an MCL, the public water system is in violation of the MCL.

NR 809.207(1)(b) (b) For public water systems which are conducting monitoring more frequently than annual, compliance is determined by a running annual average of all samples taken at each entry point. If the annual average of any entry point is greater than the MCL, then the public water system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the public water system is out of compliance immediately.

NR 809.207(1)(c) (c) If monitoring is conducted annually or less frequently, the public water system is out of compliance if the level of a contaminant at any entry point is greater than the MCL. Compliance shall be based on the average value of the initial sample and the confirmation sample.

NR 809.207(1)(d) (d) Any contaminant listed in s. NR 809.20 that is detected shall be quantified. Any sample below the reported method detection limit shall be calculated at zero for the purposes of determining the averages in pars. (b) and (c).

NR 809.207(1)(e) (e) If a public water system fails to collect the required number of samples, compliance shall be based on the total number of samples collected.

NR 809.207(2) (2) Detection of synthetic contaminants not listed in s. NR 809.20 (1). Any detection of a synthetic organic contaminant not listed in s. NR 809.20 (1) shall be reported to the department with the other monitoring reports required under this section. The laboratory shall indicate whether any detected synthetic organic contaminant not listed in s. NR 809.20 (1) has been confirmed or tentatively identified, and when a numerical result is reported, whether the result is quantitative or an estimate.

NR 809.207(3) (3) Use of analytical results. The department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

NR 809.207 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.24 NR 809.24 Volatile organic contaminant maximum contaminant levels and BATS.

NR 809.24(1) (1) Applicability. The following maximum contaminant levels for volatile organic contaminants (VOC) apply to community water systems and non-transient, non-community water systems.

NR 809.24(2) (2) Best available treatment. The following are the BATs available for achieving compliance with the maximum contaminant level for the volatile organic chemicals listed in sub. (1):

NR 809.24(2)(a) (a) Central treatment using packed tower aeration.

NR 809.24(2)(b) (b) Central treatment using granular activated carbon, except for vinyl chloride and dichloromethane.

NR 809.24(3) (3) Alternative treatment. The department may approve the use of alternative treatment not listed in sub. (2), if a water supplier demonstrates to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub. (1).

NR 809.24 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.243 NR 809.243 Analytical requirements for volatile organic contaminants.

NR 809.243(1) (1) Detection limits. For the purposes of this section, detection is defined as >0.0005 mg/l, except for vinyl chloride for which detection is defined as >0.0002 mg/L.

NR 809.243(2) (2) Analytical methods. Analysis for the volatile organic contaminants listed in s. NR 809.24 shall be conducted using the methods prescribed in Table E.

Table E

SDWA Approved Methodology for Volatile
Organic Contaminants

1 Procedures for Methods 502.2, 524.2, and 551.1 are in Methods for the Determination of Organic Compounds in Drinking Water Supplement III, EPA/600/R-95-131, August 1995. These documents are available from the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll free number is 1-800-553-6847.

2 EPA Method 524.3, Version 1.0. “Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,” June 2009. EPA 815–B–09–009. Available at http://epa.gov/safewater/methods/analyticalmethods_ogwdw.html.

NR 809.243(3) (3) Sample collection. Samples shall be collected using containers, preservatives and holding times specified in s. NR 809.203 (4) Table D. In all cases, samples should be analyzed as soon after collection as possible.

NR 809.243(4) (4) Laboratory certification. Analyses under this section shall only be conducted by laboratories that have received certification under ch. NR 149 or have been approved by EPA.

NR 809.243(5) (5) Laboratory evaluation. Each certified laboratory shall determine the method detection limit (MDL) at which it is capable of detecting VOCs as defined in federal law under 40 CFR, Part 136, Appendix B. The maximum acceptable MDL is 0.0005 mg/L for all VOCs except vinyl chloride, which is 0.0002 mg/L.

NR 809.243 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (2) Table E footnotes, (5) Register March 2016 No. 723, eff. 4-1-16.

NR 809.245 NR 809.245 Monitoring requirements for volatile organic contaminants.

NR 809.245(1) (1) General. Water suppliers for community and non-transient non-community water systems shall monitor for the contaminants listed in s. NR 809.24 for purposes of determining compliance with the maximum contaminant levels as follows:

NR 809.245(1)(a) (a) Groundwater sources shall be sampled at every entry point to the distribution system which is representative of each well after treatment. Each sample shall be taken at the same location unless, if approved by the department, conditions make another location more representative of each source, treatment plant, or within the distribution system.

NR 809.245(1)(b) (b) Surface water sources or combined surface water and groundwater sources shall be sampled at each entry point to the distribution system after treatment or at points, if approved by the department, in the distribution system that are more representative of each source after treatment. Each sample shall be taken at the same location unless, if approved by the department, conditions make another location more representative of each source, treatment plant or within the distribution system.

NR 809.245(1)(c) (c) If the public water system draws water from more than one source and the sources are combined before distribution, the public water system shall be sampled at an entry point to the distribution system during periods of normal operating conditions when water representative of all sources is being used.

NR 809.245(1)(d) (d) Water suppliers for new public water systems or public water systems that use a new source of water shall demonstrate compliance with the MCLs specified in s. NR 809.24 in accordance with the requirements in this section. The water supplier shall also comply with the initial sampling frequencies specified by the department to ensure the public water system can demonstrate compliance with the MCLs. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this section.

NR 809.245(2) (2) Monitoring frequency for volatile organic contaminants. The frequency of monitoring to determine compliance with the maximum contaminant level for volatile organic contaminants specified in s. NR 809.24 shall be conducted as follows:

NR 809.245(2)(a) (a) Initial monitoring.

NR 809.245(2)(a)1. 1. Water suppliers for new community public water systems or community public water systems with new sources shall demonstrate compliance with the MCLs listed under s. NR 809.24 for volatile organic contaminants prior to initiating water service.

NR 809.245(2)(a)2. 2. Each water supplier for a community or a non-transient non-community water system shall take 4 consecutive quarterly samples for each VOC contaminant specified in s. NR 809.24, beginning with the first quarter a new source goes into service.

NR 809.245(2)(a)3. 3. If the initial monitoring under subds. 1. and 2. for the VOC contaminants listed in s. NR 809.24, did not detect any VOC contaminant, then the water supplier shall take one sample annually.

NR 809.245(2)(b) (b) Routine monitoring. Each water supplier for a community or a non-transient non-community water system shall take annual samples for VOC contaminants specified in s. NR 809.24.

NR 809.245(2)(c) (c) Reduced monitoring.

NR 809.245(2)(c)1. 1. After a minimum of 3 years of annual sampling, under par. (a) 3. or (b) the department may allow water suppliers for groundwater systems with no previous detection of any VOC contaminant specified in s. NR 809.24 to take one sample during each three year compliance period.

NR 809.245(2)(c)2. 2. After a minimum of 3 years of annual sampling, under par. (a) 3. or (b) the department may allow water suppliers for surface water systems with no previous detection of any VOC contaminant specified in s. NR 809.24 to take one sample during each three year compliance period, if the surface water system meets criteria specified by the department.

NR 809.245(3) (3) Waiver requests. Each water supplier for a community or a non-transient groundwater system which does not detect a VOC contaminant specified in s. NR 809.24 may apply to the department for a waiver from the requirements of sub. (2) (c) after completing all of the initial monitoring under sub. (2) (a). For the purposes of this section, detection is defined as >0.0005 mg/l, except for vinyl chloride for which detection is defined as >0.0002 mg/L. A water supplier for a groundwater system shall reapply for a waiver for each compliance period. A waiver shall be effective for no more than 6 years or 2 compliance periods.

NR 809.245(4) (4) Waiver evaluation. The department may grant a waiver from sub. (2) (c) after evaluating the following factors:

NR 809.245(4)(a) (a) Knowledge of previous use including transport, storage or disposal of the contaminant within the watershed or zone of influence of the public water system. If a determination by the department reveals no previous use of the contaminant within zone of influence for the well, a waiver may be granted.

NR 809.245(4)(b) (b) If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

NR 809.245(4)(b)1. 1. Previous analytical results.

NR 809.245(4)(b)2. 2. The proximity of the public water system to potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities.

NR 809.245(4)(b)3. 3. The environmental persistence and transport of the contaminants.

NR 809.245(4)(b)4. 4. The number of persons served by the public water system and the proximity of a smaller public water system to a larger public water system.

NR 809.245(4)(b)5. 5. How well the water source is protected against contamination. Groundwater systems shall consider factors such as depth of the well, the type of soil and wellhead protection.

NR 809.245(5) (5) Waiver conditions and monitoring assessments. A water supplier for a groundwater system shall take one sample at each entry point during the time the waiver is effective. As a condition of the waiver under sub. (4), water supplier for the groundwater system shall update the monitoring assessment considering the factors listed in sub. (4). Based on this monitoring assessment, the department shall reconfirm that the public water system is non-vulnerable. If the department does not make this reconfirmation within 3 years of the initial determination or each subsequent determination, then the waiver is invalidated and the public water system is required to sample during each compliance period as specified in sub. (2) (b).

NR 809.245(6) (6) monitoring for detected compounds. If vinyl chloride is detected at a level exceeding 0.0002 mg/L, or any other VOC contaminant specified in s. NR 809.24 is detected at a level exceeding 0.0005 mg/1 in any sample, then:

NR 809.245(6)(a) (a) The public water system shall be monitored quarterly for all VOCs under s. NR 809.24 at each sampling location which resulted in a detection.

NR 809.245(6)(b) (b) The department may decrease the quarterly monitoring requirement specified in par. (a) if the department has determined that the public water system is reliably and consistently below the MCL. In no case may the department make this determination unless a groundwater system has been sampled a minimum of 2 quarters and a surface water system has been sampled a minimum of 4 quarters.

NR 809.245(6)(c) (c) If the department determines that the public water system is reliably and consistently below the MCL, the department may allow the system to be monitored annually. Public water systems which are monitored annually shall be monitored during the quarter which previously yielded the highest analytical result.

NR 809.245(6)(d) (d) Water suppliers for public water systems which have 3 consecutive annual samples with no detection of a contaminant may apply to the department for a waiver as specified in sub. (3).

NR 809.245(7) (7) Monitoring when an MCL is exceeded. Additional monitoring for volatile organic contaminants shall be required as follows in order to maintain compliance.

NR 809.245(7)(a) (a) If a VOC contaminant specified in s. NR 809.24 is detected at a level exceeding the MCL in any sample, then the water supplier shall begin to take quarterly samples at each entry point which exceeded a MCL.