Chapter NR 809

NR 809.329(2)(d) (d) For consecutive systems, documentation of notification to its wholesale systems of total-coliform positive samples that are not invalidated under s. NR 809.31 (3). Documentation shall be kept for a period of not less than five years.

NR 809.329(2)(e) (e) For public water systems, including wholesale systems, which are required to perform compliance monitoring under s. NR 809.327 (4) all of the following apply:

NR 809.329(2)(e)1. 1. Records of the department specified minimum disinfectant residual. Documentation shall be kept for a period of not less than ten years.

NR 809.329(2)(e)2. 2. Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the department prescribed minimum residual disinfectant concentration for a period of more than four hours. Documentation shall be kept for a period of not less than five years.

NR 809.329(2)(e)3. 3. Records of department-specified compliance requirements for membrane filtration and of parameters specified by the department for department-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than 4 hours. Documentation shall be kept for a period of not less than five years.

NR 809.329 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) (c), (d), (e) (intro.) Register March 2016 No. 723, eff. 4-1-16.

NR 809.33 NR 809.33 Surface water microbiological organisms and indicators.

NR 809.33(1) (1) General requirements. The requirements in this section establish or extend treatment techniques in lieu of maximum contaminant levels for Cryptosporidium. These requirements are in addition to requirements for filtration and disinfection in subch. II of ch. NR 810.

NR 809.33(2) (2) Applicability. These requirements apply to all surface water and GWUDI public water systems.

NR 809.33(2)(a) (a) Wholesale systems that supply water from a surface water or GWUDI source shall comply with the requirements of this section based on the population of the largest public water system in the combined distribution system.

NR 809.33(2)(b) (b) The requirements of this section for filtered public water systems apply to all public water systems required by s. NR 810.29 to provide filtration treatment, whether or not the public water system is currently operating a filtration system.

NR 809.33(2)(c) (c) The requirements of this section for unfiltered public water systems apply only to unfiltered public water systems that met and continue to meet the filtration avoidance criteria in s. NR 810.30 as applicable.

NR 809.33(3) (3) Requirements. Public water systems subject to this section shall comply with the following requirements:

NR 809.33(3)(a) (a) The following monitoring is required under this section:

NR 809.33(3)(a)1. 1. Water suppliers shall have conducted and submitted to EPA an initial round of source water monitoring for treatment plants existing as of January 5, 2006 under 40 CFR part 141 National Primary Drinking Water Regulations Subpart W that determined the level of treatment for Cryptosporidium needed under s. NR 810.34.

NR 809.33(3)(a)2. 2. Water suppliers shall conduct source water monitoring as part of the treatment approval process for plants constructed after January 5, 2006 under s. NR 811.21 (1) (f). This monitoring shall include Cryptosporidium, E. coli, and turbidity to determine what level of Cryptosporidium treatment shall be provided using the requirements of the bin classifications under s. NR 810.34.

NR 809.33(3)(a)3. 3. A second round of source water monitoring for each plant that treats a surface water or GWUDI source shall be conducted by the water supplier and submitted to the department as required in s. NR 809.331 (2). This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity as described in ss. NR 809.331 to 809.336, to determine what level, if any, of additional Cryptosporidium treatment the public water system shall provide.

NR 809.33(3)(b) (b) Water suppliers that plan to make a significant change to the disinfection practice at a public water system shall develop disinfection profiles and calculate disinfection benchmarks, as described in s. NR 810.32.

NR 809.33(3)(c) (c) Water suppliers for filtered public water systems shall determine their Cryptosporidium treatment bin classification as described in s. NR 810.34 and provide additional treatment for Cryptosporidium, if required, as described in s. NR 810.35. All unfiltered public water systems shall provide treatment for Cryptosporidium as described in s. NR 810.36. Filtered and unfiltered public water systems shall implement Cryptosporidium treatment according to the schedule in s. NR 810.37.

NR 809.33(3)(d) (d) Water suppliers for public water systems with an uncovered finished water storage facilities shall comply with the requirements to cover the facility or treat the discharge from the facility as described in s. NR 810.28.

NR 809.33(3)(e) (e) Water suppliers for public water systems required to provide additional treatment for Cryptosporidium shall implement microbial toolbox options that are designed and operated as described in ss. NR 810.41 to 810.46.

NR 809.33(3)(f) (f) Water supplier shall comply with the applicable recordkeeping and reporting requirements described in ss. NR 809.336 and 809.82.

NR 809.33(4) (4) Surface water treatment technique violations. Surface water and GWUDI public water systems are in violation of the treatment technique requirements for turbidity if any of the requirements of s. NR 810.29 (1) to (4) are not met.

NR 809.33 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (4) Register March 2016 No. 723, eff. 4-1-16.

NR 809.331 NR 809.331 Surface water source monitoring.

NR 809.331(1) (1) Initial round of source water monitoring. Water suppliers shall have conducted the following monitoring according to the schedule in sub. (3) Table H, at treatment plants existing as of January 5, 2006 unless the public water system meets the monitoring exemption criteria in sub. (4). The initial source water monitoring requirements were conducted under 40 CFR part 141 National Primary Drinking Water Regulations Subpart W with EPA wholly responsible for implementation. For public water systems with treatment plants constructed after January 5, 2006 the department may require the following initial monitoring as part of the approval process under s. NR 811.21 (1) (f).

NR 809.331(1)(a) (a) Water suppliers for filtered public water systems serving at least 10,000 people shall sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for 24 months.

NR 809.331(1)(b) (b) Water suppliers for unfiltered public water systems serving at least 10,000 people shall sample their source water for Cryptosporidium at least monthly for 24 months.

NR 809.331(1)(c) (c) Water suppliers for filtered public water systems serving fewer than 10,000 people shall sample their source water for E. coli at least once every two weeks for 12 months. A filtered public water system serving fewer than 10,000 people may avoid E. coli monitoring if the water supplier notifies the department that Cryptosporidium will be monitored for as described in sub. (3). The water supplier shall notify the department no later than 3 months prior to the date the public water system is required to start E. coli monitoring under sub. (3).

NR 809.331(1)(d) (d) Water suppliers for filtered public water systems serving fewer than 10,000 people shall sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if based on monitoring conducted under par. (c), and if they meet one of the following:

NR 809.331(1)(d)1. 1. For public water systems using lake or reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli /100 mL.

NR 809.331(1)(d)2. 2. For public water systems using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli /100 mL.

NR 809.331(1)(d)3. 3. The public water system was not monitored for E. coli as described in par. (c).

NR 809.331(1)(d)4. 4. Public water systems using groundwater under the direct influence of surface water (GWUDI) shall comply with the requirements of this paragraph based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the public water system shall comply based on the requirements that apply to public water systems using lake or reservoir sources.

NR 809.331(1)(e) (e) For filtered public water systems serving fewer than 10,000 people, the department may approve monitoring for an indicator other than E. coli under par. (c). The department also may approve an alternative to the E. coli concentration in par. (d) 1. to 3. to trigger Cryptosporidium monitoring. This approval by the department shall be provided to the public water system in writing and shall include the basis for the department’s determination that the alternative indicator or trigger level will provide a more accurate identification of whether a public water system will exceed the Bin 1 Cryptosporidium level in s. NR 810.34.

NR 809.331(1)(f) (f) Water suppliers for unfiltered public water systems serving fewer than 10,000 people shall sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months.

NR 809.331(1)(g) (g) Water suppliers may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

NR 809.331(2) (2) Second round of source water monitoring. Water supplier shall conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in sub. (1), unless they meet the monitoring exemption criteria in sub. (4). Water suppliers shall conduct this monitoring on the schedule in sub. (3).

NR 809.331(3) (3) Monitoring schedule. According to EPA requirements, water supplier shall begin the monitoring required in subs. (1) and (2) no later than the month beginning with the date listed in Table H:

TABLE H

Source Water Monitoring Starting Dates

1 Applies only to filtered public water systems.

2 Applies to filtered public water systems that meet the conditions of sub. (1) (e) and unfiltered public water systems.

NR 809.331(4) (4) Monitoring avoidance.

NR 809.331(4)(a) (a) Water suppliers for filtered public water systems are not required to conduct source water monitoring under this section if the public water system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in s. NR 810.35.

NR 809.331(4)(b) (b) Water supplier for unfiltered public water systems are not required to conduct source water monitoring under this section if the public water system will provide a total of at least 3-log Cryptosporidium inactivation, equivalent to meeting the treatment requirements for unfiltered public water systems with a mean Cryptosporidium concentration of greater than 0.01 oocysts/L in s. NR 810.36.

NR 809.331(4)(c) (c) If a water supplier chooses to provide the level of treatment in par. (a) or (b), as applicable, rather than start source water monitoring, the water supplier shall notify the department in writing no later than the date the public water system is otherwise required to submit a sampling schedule for monitoring under s. NR 809.332. Alternatively, a water supplier may choose to stop sampling at any point after the public water system has initiated monitoring if the water supplier notifies the department in writing that the public water system will provide this level of treatment. Water supplier shall install and operate technologies to provide this level of treatment by the applicable treatment compliance date in s. NR 810.37.

NR 809.331(5) (5) Plants operating only part of the year. Water suppliers for public water systems with surface water treatment plants that operate for only part of the year shall conduct source water monitoring in accordance with this section, but with the following modifications:

NR 809.331(5)(a) (a) Water supplier shall sample their source water only during the months that the plant operates unless the department specifies another monitoring period based on plant operating practices.

NR 809.331(5)(b) (b) Water supplier for public water systems with plants that operate less than six months per year and that monitor for Cryptosporidium shall collect at least six Cryptosporidium samples per year during each of two years of monitoring. Samples shall be evenly spaced throughout the period the plant operates.

NR 809.331(6) (6) New sources.

NR 809.331(6)(a) (a) A water supplier for a public water system that begins using a new source of surface water or GWUDI after the public water system is required to begin monitoring under sub. (3) shall monitor the new source on a schedule the department approves. Source water monitoring shall meet the requirements of this section. The public water system shall also meet the bin classification and Cryptosporidium treatment requirements of ss. NR 810.34 and 810.35 or s. NR 810.36, as applicable, for the new source on a schedule the department approves.

NR 809.331(6)(b) (b) The requirements of this section apply to public water systems with surface water treatment plants that begin operation after the monitoring start date applicable to the public water system’s size under sub. (3).

NR 809.331(6)(c) (c) The water supplier shall begin a second round of source water monitoring no later than 6 years following initial bin classification under s. NR 810.34 or determination of the mean Cryptosporidium level under s. NR 810.36, as applicable.

NR 809.331(7) (7) Monitoring violation. Failure to collect any source water sample required under this section in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of s. NR 809.332 to s. NR 809.336 is a monitoring violation.

NR 809.331(8) (8) Grandfathering monitoring data. The water supplier may use monitoring data collected prior to the applicable monitoring start date in sub. (3) to meet the initial source water monitoring requirements in sub. (1). This data, referred to as grandfathered data, may substitute for an equivalent number of months of data at the end of the monitoring period. All data submitted under this section shall meet the requirements in s. NR 809.334.

NR 809.331 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659.

NR 809.332 NR 809.332 Sampling schedules for surface water source water monitoring.

NR 809.332(1) (1) Sampling schedules. Water suppliers for public water systems required to conduct source water monitoring under s. NR 809.331 shall submit a sampling schedule that specifies the calendar dates when the water supplier will collect each required sample.

NR 809.332(1)(a) (a) Water suppliers shall submit sampling schedules no later than 3 months prior to the applicable date listed in s. NR 809.331 (3), Table H, for each round of required monitoring.

NR 809.332(1)(b) (b) Water suppliers for public water systems serving at least 10,000 people shall submit their sampling schedule for the initial round of source water monitoring under s. NR 809.331 (1) to EPA. If a water supplier is unable to submit the sampling schedule electronically, the water supplier may use an alternative approach for submitting the sampling schedule subject to EPA approval.

NR 809.332(1)(c) (c) Water suppliers for public water systems serving fewer than 10,000 people shall submit their sampling schedules for the initial round of source water monitoring under s. NR 809.331 (1) to the EPA or the department.

NR 809.332(1)(d) (d) Water suppliers shall submit sampling schedules for the second round of source water monitoring under s. NR 809.331 (2) to the department.

NR 809.332(1)(e) (e) If EPA or the department does not respond to a water supplier regarding its sampling schedule, the water supplier shall sample at the reported schedule.

NR 809.332(2) (2) Sample collection. Water suppliers shall collect samples no later than two days before or two days later than the dates indicated in their sampling schedule. Thus samples shall be collected within a five-day period around the scheduled date, unless one of the conditions of par. (a) or (b) applies.

NR 809.332(2)(a) (a) If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the water supplier to be unable to sample in the scheduled five-day period, the water supplier shall sample as close to the scheduled date as feasible unless the department approves an alternative sampling date. The water supplier shall submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

NR 809.332(2)(b) (b) If a water supplier is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements in s. NR 809.334, or the failure of an approved laboratory to analyze the sample, then the water supplier shall collect a replacement sample. The water supplier shall collect the replacement sample no later than 21 days after receiving information that an analytical result cannot be reported for the scheduled date unless the water supplier demonstrates that collecting a replacement sample within this time frame is not feasible or the department approves an alternative resampling date. The water supplier shall submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

NR 809.332(3) (3) Revising sampling schedules. Water supplier for public water systems that fail to meet the criteria of sub. (2) for any source water sample required under s. NR 809.331 shall revise their sampling schedules to add dates for collecting all missed samples. The water supplier shall submit the revised schedule to the department for approval before the water supplier begins collecting the missed samples.

NR 809.332 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register January 2013 No. 685.

NR 809.333 NR 809.333 Sampling locations for surface water source water monitoring.

NR 809.333(1) (1) General requirements. Water suppliers for public water systems required to conduct source water monitoring under s. NR 809.331 shall collect samples for each plant that treats a surface water or GWUDI source. Where multiple plants draw water from the same influent, such as the same pipe or intake, the department may approve one set of monitoring results to be used to satisfy the requirements of s. NR 809.331 for all plants.

NR 809.333(2) (2) Sample collection location. The water supplier shall collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants, unless the public water system meets the condition of this subsection. The department may approve a water supplier to collect a source water sample after chemical treatment if the department determines that collecting a sample prior to chemical treatment is not feasible for the public water system and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

NR 809.333(3) (3) Recycled filter backwash. Water suppliers for public water systems that recycle filter backwash water shall collect source water samples prior to the point of filter backwash water. All public water systems that recycle filter backwash water shall comply with all of the requirements under ss. NR 810.295, 811.860, and 811.862.

NR 809.333(4) (4) Bank filtration.

NR 809.333(4)(a) (a) Water suppliers for public water systems that receive Cryptosporidium treatment credit for bank filtration under s. NR 810.29 (5) or 810.37 (2), as applicable, shall collect source water samples in the surface water prior to bank filtration.

NR 809.333(4)(b) (b) Water suppliers for public water systems that use bank filtration as pretreatment to a filtration plant shall collect source water samples from the collector well after bank filtration. Use of bank filtration during monitoring shall be consistent with routine operational practice. When samples are collected after a bank filtration process, public water systems may not receive treatment credit for the bank filtration under s. NR 810.43 (3).

NR 809.333(5) (5) Multiple sources. Water suppliers for public water systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, shall collect samples as specified in par. (a) or (b). The use of multiple sources during monitoring shall be consistent with routine operational practice.

NR 809.333(5)(a) (a) If a sampling tap where the sources are combined prior to treatment is available, the water supplier shall collect samples from that tap.

NR 809.333(5)(b) (b) If a sampling tap where the sources are combined prior to treatment is not available, the water supplier shall collect samples at each source near the intake on the same day and shall follow either subd. 1. or 2. for sample analysis.

NR 809.333(5)(b)1. 1. Water suppliers may composite samples from each source into one sample prior to analysis. The volume of sample from each source shall be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

NR 809.333(5)(b)2. 2. Water suppliers may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average shall be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

NR 809.333(6) (6) Additional requirements. Water suppliers shall submit a description of their sampling locations to the department at the same time as the sampling schedule required under s. NR 809.332. This description shall address the position of the sampling location in relation to the public water system’s water sources and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the department does not respond to a water supplier regarding sampling locations, the water supplier shall sample at the reported locations.

NR 809.333 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659.

NR 809.334 NR 809.334 Analytical methods for surface water source water monitoring.

NR 809.334(1) (1) Cryptosporidium. Water suppliers shall analyze for Cryptosporidium using Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA–815-R–05–002 or Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA–815–R–05–001. The water supplier may obtain a copy of these methods online from http://www.epa.gov/safewater/disinfection/lt2. Water suppliers may also use EPA Method 1623.1: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2012. EPA-816-R-12-001. (Available at http://water.epa.gov/drink.)

NR 809.334(1)(a) (a) Water suppliers shall analyze at least a 10 L sample or a packed pellet volume of at least 2 mL as generated by the methods listed in this subsection. Water suppliers unable to process a 10 L sample shall analyze as much sample volume as can be filtered by two filters approved by EPA for the methods listed in this subsection, up to a packed pellet volume of at least 2 mL.

NR 809.334(1)(b) (b) Matrix spike (MS) samples, as required by the methods in this subsection, shall be spiked and filtered by a laboratory approved for Cryptosporidium analysis under s. NR 809.335. If the volume of the MS sample is greater than 10 L, the water supplier may filter all but 10 L of the MS sample in the field, and ship the filtered sample and the remaining 10 L of source water to the laboratory. In this case, the laboratory shall spike the remaining 10 L of water and filter it through the filter used to collect the balance of the sample in the field.

NR 809.334(1)(c) (c) Flow cytometer-counted spiking suspensions shall be used for MS samples and ongoing precision and recovery (OPR) samples.

NR 809.334(2) (2) E. coli. Water suppliers shall use methods for enumeration of E. coli in source water listed in Table I.