Chapter NR 809

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.

NR 809.245(7)(b) (b) Water suppliers for public water systems which exceed a MCL listed in s. NR 809.24 shall be monitored quarterly. After a minimum of 4 quarterly samples that show 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 809.247 (1), the water supplier for the public water system shall be monitored at the frequency specified in sub. (6) (c).

NR 809.245(8) (8) Confirmation samples. The department may require a confirmation sample for positive or negative results. The department may delete results of sampling errors from any compliance calculation, or may require the collection of additional samples to determine whether the result is or is not in error. When a confirmation sample is required, the result shall be averaged with the first sampling result and the average used for the compliance determination as specified in s. NR 809.247 (1) (c)

NR 809.245(9) (9) Composite samples. The department may reduce the total number of samples a water supplier for a public water system shall analyze by allowing the use of compositing. The following composite sampling requirements shall be met:

NR 809.245(9)(a) (a) Compositing may only be permitted for entry points within a single public water system. Composite samples from a maximum of 5 entry points may be allowed, if the detection limit of the method used for analysis is less than one-fifth of the MCL.

NR 809.245(9)(b) (b) Compositing of samples shall be done in the laboratory and analyzed within 14 days of sample collection according to the procedures in s. NR 809.243 (1) Table E.

NR 809.245(9)(c) (c) If the concentration in the composite sample is greater than 0.0002 mg/L for vinyl chloride or 0.0005mg/L for any other contaminant listed under s. NR 809.24, 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 809.245(9)(d) (d) If duplicates of the original sample taken from each sampling point used in the composite are available, the water supplier may use these instead of re-sampling. The duplicate shall be analyzed and the results reported to the department within 14 days of collection.

NR 809.245(10) (10) Increasing monitoring frequency. The department may increase monitoring requirements if necessary to detect contaminant variations within a public water system.

NR 809.245(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 809.245 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) (a) 1., (b), (5), (7) (b), (9) (c) Register March 2016 No. 723, eff. 4-1-16.

NR 809.247 NR 809.247 Compliance requirements for volatile organic contaminants.

NR 809.247(1) (1) MCL compliance determination. Compliance with volatile organic contaminant MCLs shall be determined as follows:

NR 809.247(1)(a) (a) Compliance with the VOC MCLs specified in s. NR 809.24 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 809.247(1)(b) (b) For public water systems which are monitored more frequently than annually, 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, the public water system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to exceed the MCL, the public water system is out of compliance immediately.

NR 809.247(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 concentration of this sample or the average value of this sample and the confirmation sample, if the department required a confirmation sample.

NR 809.247(1)(d) (d) If a water supplier fails to collect the required number of samples, compliance shall be based on the total number of samples collected.

NR 809.247(1)(e) (e) Any concentration reported at or above the method detection limit for any contaminant listed in s. NR 809.24 shall be used in determining the averages in pars. (b) and (c). Any concentration reported below the method detection limit shall be calculated at zero for the purposes of determining the averages in pars. (b) and (c).

NR 809.247(2) (2) Detection of volatile contaminants not listed in s. NR 809.24. Any detection of a volatile organic contaminant not listed in s. NR 809.24 shall be reported to the department with the other monitoring reports required under this section. The laboratory shall indicate whether any detected volatile organic contaminant not listed in s. NR 809.24 has been confirmed or tentatively identified, and when a numerical result is reported, whether the result is quantitative or an estimate.

NR 809.247(3) (3) Separate distribution system notice. If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the department may allow the water supplier to give public notice to only that area served by that portion of the public water system which is out of compliance.

NR 809.247(4) (4) Use of analytical results. The department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by its sanctioned representatives and agencies.

NR 809.247 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (c), (e), (4) Register March 2016 No. 723, eff. 4-1-16.

NR 809.25 NR 809.25 Special monitoring and reporting for selected organic contaminants and sulfate.

NR 809.25(1) (1) General.

NR 809.25(1)(a) (a) Community systems with populations of 10,000 and greater shall be monitored for the contaminants listed in pars. (e) and (f) on a schedule to be determined by the department. Community water systems with populations less than 10,000 and non-transient, non-community water systems shall be monitored for the contaminants listed in pars. (e) and (f) at the discretion of the department.

NR 809.25(1)(b) (b) Surface water systems shall be sampled at the entry points to the distribution system after any application of treatment. The minimum number of samples is one year of quarterly samples per water source.

NR 809.25(1)(c) (c) Groundwater systems shall be sampled at points of entry to the distribution system representative of each well after any application of treatment. The minimum number of samples is one sample per entry point to the distribution system.

NR 809.25(1)(d) (d) The department may require confirmation and follow-up samples for positive or negative results.

NR 809.25(1)(e) (e) List of unregulated volatile organic compounds:

Chloroform

Bromoform

Chlorodibromomethane

Bromodichloromethane

Bromobenzene

Bromomethane

Chloromethane

Chloroethane

o-Chlorotoluene

p-Chlorotoluene

Dibromomethane

m-Dichlorobenzene

1,1-Dichloropropene

1,1-Dichloroethane

1,3-Dichloropropane

2,2-Dichloropropane

1,3-Dichloropropene

1,1,1,2-Tetrachloroethane

1,1,2,2-Tetrachloroethane

1,2,3-Trichloropropane

1,2,4-Trimethylbenzene

1,2,3-Trichlorobenzene

n-Propylbenzene

n-Butylbenzene

Naphthalene

Hexachlorobutadiene

1,3,5-Trimethylbenzene

p-Isopropyltoluene

Isopropylbenzene

Tert-butylbenzene

Sec-butylbenzene

Fluorotrichloromethane

Dichlorodifluoromethane

Bromochloromethane

Methyl-t-butyl ether (MTBE)

NR 809.25(1)(f) (f) List of unregulated synthetic organic contaminants:

Aldrin

Aldicarb

Aldicarb Sulfoxide

Aldicarb Sulfone

Butachlor

Carbaryl

Dicamba

Dieldrin

3-Hydroxycarbofuran

Methomyl

Metolachlor

Metribuzin

Propachlor

NR 809.25(1)(g) (g) Analysis under this section shall be conducted by a laboratory certified under ch. NR 149 using EPA methods 502.2, 524.2, 524.3, 551.1 for contaminants listed in par. (e) and EPA methods listed in s. NR 809.203, Table CM for contaminants listed in par. (f).

NR 809.25(2) (2) Sulfate monitoring. Monitoring for sulfate shall be conducted as required by the department.

NR 809.25(3) (3) Reporting requirements. Reporting requirements under this section shall be as required under s. NR 809.80.

NR 809.25(4) (4) Treatment techniques for acrylamide and epichlorohydrin. In lieu of MCLs and monitoring for acrylamide and epichlorohydrin, the following treatment techniques and reporting are required. Each water supplier for public water system shall certify annually in writing to the department using third party or manufacturer’s certification, that when acrylamide and epichlorohydrin are used in the treatment of drinking water, the combination, or product, of dose and monomer level does not exceed the levels specified as follows:

NR 809.25(4)(a) (a) Acrylamide = 0.05% dosed at 1 ppm or equivalent.

NR 809.25(4)(b) (b) Epichlorohydrin = 0.01% dosed at 20 ppm or equivalent.

NR 809.25(4)(c) (c) A water supplier may rely on certification from manufacturers or third parties, as approved by the department.

NR 809.25 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (g) Register March 2016 No. 723, eff. 4-1-16.

NR 809.30 NR 809.30 Distribution system microbiological contaminant maximum contaminant levels. The following are the maximum contaminant levels for coliform bacteria applicable to public water systems.