Chapter NR 809

NR 809.543(10) (10) Treatment decisions by epa in lieu of the department. The EPA regional administrator may review treatment determinations made by the department under sub. (4), (6) or (8) and issue federal treatment determinations consistent with the requirements of those subsections if the regional administrator finds any of the following:

NR 809.543(10)(a) (a) The department has failed to issue a treatment determination by the applicable deadlines contained in s. NR 809.542.

NR 809.543(10)(b) (b) The department has abused its discretion in a substantial number of cases or in cases affecting a substantial population.

NR 809.543(10)(c) (c) The technical aspects of the department’s determination would be indefensible in an expected federal enforcement action taken against a water supplier.

NR 809.543 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (8) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659.

NR 809.544 NR 809.544 Source water treatment requirements for corrosion control.

NR 809.544(1) (1) Deadlines for completing source water treatment steps. Water suppliers shall complete the applicable source water monitoring and treatment requirements by the following deadlines:

NR 809.544(1)(a) (a) Step 1: A water supplier for a public water system exceeding the lead or copper action level shall complete lead and copper source water monitoring under s. NR 809.549 (2) and make a treatment recommendation to the department under s. NR 809.544 (2) (a) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

NR 809.544(1)(b) (b) Step 2: The department shall make a determination regarding proposed source water treatment within 6 months after receipt of proposed treatment alternatives under step 1.

NR 809.544(1)(c) (c) Step 3: If the department approves installation of source water treatment, the water supplier shall install the treatment within 24 months after completion of step 2.

NR 809.544(1)(d) (d) Step 4: The water supplier shall complete follow-up tap water monitoring and source water monitoring within 36 months after completion of step 2.

NR 809.544(1)(e) (e) Step 5: The department shall review the installation and operation of source water treatment and specify maximum permissible source water levels within 6 months after completion of step 4.

NR 809.544(1)(f) (f) Step 6: The water supplier shall operate in compliance with the department-specified maximum permissible lead and copper source water levels and continue source water monitoring.

NR 809.544(2) (2) Description of source water treatment requirements.

NR 809.544(2)(a) (a) Water supplier treatment recommendation. Any water supplier for a public water system that exceeds the lead or copper action level shall recommend in writing to the department the installation and operation of one of the source water treatments listed in par. (b). A water supplier may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users’ taps.

NR 809.544(2)(b) (b) Department determination regarding source water treatment. The water supplier shall complete an evaluation of the results of all source water samples collected by the water supplier to determine whether source water treatment is necessary to minimize lead or copper levels and the evaluation shall be submitted to the department. If the department determines that treatment is needed, the department shall either approve installation and operation of the source water treatment recommended by the water supplier, if any, or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation-filtration. If the department requests additional information to aid in its review, the water supplier shall provide the information by the date specified by the department in its request. The department shall notify the water supplier in writing of its determination and set forth the basis for its decision.

NR 809.544(2)(c) (c) Installation of source water treatment. Each water supplier shall properly install and operate the source water treatment approved by the department under par. (b).

NR 809.544(2)(d) (d) Department review of source water treatment and specification of maximum permissible source water levels. The department shall review the source water samples taken by the water supplier both before and after the water supplier installs source water treatment, and determine whether the water supplier has properly installed and operated the source water treatment approved by the department. Based upon its review, the department shall establish the maximum permissible lead and copper concentrations for finished water entering the distribution system. Levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The department shall notify the water supplier in writing and explain the basis for its decision.

NR 809.544(2)(e) (e) Continued operation and maintenance. Each water supplier shall maintain lead and copper levels below the maximum permissible concentrations established by the department at each sampling point monitored in accordance with s. NR 809.549. The public water system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration approved by the department.

NR 809.544(2)(f) (f) Modification of department treatment decisions. Upon its own initiative or in response to a request by a water supplier or other interested party, the department may modify its determination of the source water treatment under par. (b), or maximum permissible lead and copper concentrations for finished water entering the distribution system under par. (d). A request for modification by a water supplier or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The department may modify its determination where it concludes that such change is necessary to ensure that the water supplier continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the department’s decision, and provide an implementation schedule for completing the treatment modifications.

NR 809.544(2)(g) (g) Treatment decisions by EPA in lieu of the department. The EPA regional administrator may review treatment determinations made by the department under par. (b), (d) or (f) and issue federal treatment determinations consistent with the requirements of those paragraphs if the administrator finds any of the following:

NR 809.544(2)(g)1. 1. The department has failed to issue a treatment determination by the applicable deadlines contained in sub. (1).

NR 809.544(2)(g)2. 2. The department has abused its discretion in a substantial number of cases or in cases affecting a substantial population.

NR 809.544(2)(g)3. 3. The technical aspects of the department’s determination would be indefensible in an expected federal enforcement action taken against a water supplier.

NR 809.544 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (a) Register March 2016 No. 723, eff. 4-1-16.

NR 809.545 NR 809.545 Lead service line replacement requirements.

NR 809.545(1) (1) General. Water suppliers for public water systems that fail to meet the lead action level in tap samples taken pursuant to s. NR 809.547 (4) (b), after installing corrosion control or source water treatment, or both, whichever sampling occurs later, shall replace lead service lines in accordance with the requirements of this section. If a public water system is in violation of s. NR 809.542 or 809.544 for failure to install source water or corrosion control treatment, the department may require the water supplier to commence lead service line replacement under this section after the date by which the water supplier was required to conduct monitoring under s. NR 809.547 (4) (b) has passed.

NR 809.545(2) (2) Rate and schedule for service line replacement.

NR 809.545(2)(a) (a) A water supplier shall replace annually at least 7% of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The water supplier shall identify the initial number of lead service lines in its distribution system, including an identification of the portions owned by the public water system, based on a materials evaluation, including the evaluation required under s. NR 809.547 (1) and relevant legal authorities, such as contracts and local ordinances regarding the portion owned by the public water system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under sub. (1). If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs unless the department has established an alternate monitoring period.

NR 809.545(2)(b) (b) Any water supplier resuming a lead service line replacement program, after the cessation of its lead service line replacement program, as allowed by sub. (6), shall update the public water system’s inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under sub. (3). The water supplier shall then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year. Seven percent lead service line replacement is based on a 15-year replacement program, so, for example, water suppliers resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13. For those water suppliers for public water systems that have completed a 15-year lead service line replacement program, the department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the public water system exceeds the action level again after completing a 15-year replacement program.

NR 809.545(3) (3) Individual service line considerations. A water supplier is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to s. NR 809.547 (2) (c), is less than or equal to 0.015 mg/L.

NR 809.545(4) (4) Extent of service line replacement. A water supplier shall replace the entire service line, up to the building inlet, unless the water supplier demonstrates to the satisfaction of the department under sub. (5), that the public water system controls less than the entire service line. In such cases, the water supplier shall replace the portion of the line which the department determines is under the water supplier’s control. The water supplier shall notify the user served by the line that the water supplier will replace the portion of the service line under the public water system’s control and the water supplier shall offer to replace the building owner’s portion of the line, but is not required to bear the cost of replacing the building owner’s portion of the line. A water supplier is not required to bear the cost of replacing the privately-owned portion of the line, nor is the water supplier required to replace the privately-owned portion where the building owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned system would be precluded by department, local or common law. An water supplier that does not replace the entire length of the service line shall also complete all of the following tasks:

NR 809.545(4)(a) (a) At least 45 days prior to commencing with the partial replacement of a lead service line, the water supplier shall provide notice to the residents of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, and shall provide guidance on measures consumers can take to minimize their exposure to lead. The department may allow the water supplier to provide notice under this paragraph less than 45 days prior to commencing partial lead service line replacement if the replacement is in conjunction with emergency repairs. In addition, the water supplier shall inform the residents served by the line that the water supplier will, at the public water system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under s. NR 809.547 (2) (c), no later than 72 hours after the completion of the partial replacement of the service line. The water supplier shall collect the sample and report the results of the analysis to the building owner and each resident served by the line no later than 3 business days after receiving the results. Mailed notices post-marked no later than 3 business days after receiving the results shall be considered timely.

NR 809.545(4)(b) (b) The water supplier shall provide the information required by par. (a) to the residents of individual dwellings by mail or by other methods approved by the department. In instances where multi-family dwellings are served by the line, the water supplier may post the information at a conspicuous location likely to give notice to all residents of the multi-family dwellings.

NR 809.545(5) (5) Accelerated schedule for service line replacement. The department shall require a water supplier to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the public water system, if a shorter replacement schedule is feasible. The department shall make this determination in writing and notify the water supplier of its finding no later than 6 months after the water supplier is required to begin service line replacement based on monitoring under sub. (1).

NR 809.545(6) (6) Ceasing and recommencing service line replacement. Any water supplier may cease replacing lead service lines when lead service line samples collected pursuant to s. NR 809.547 (2) (b) meet the lead action level during each of 2 consecutive monitoring periods and the water supplier submits the results to the department. If the lead service line samples in any such public water system thereafter exceed the lead action level, the water supplier shall recommence replacing lead service lines, pursuant to sub. (2).

NR 809.545(7) (7) Compliance reporting. To demonstrate compliance with subs. (1) to (4), a water supplier shall report to the department the information specified in s. NR 809.55 (5).

NR 809.545 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.546 NR 809.546 Public education and supplemental monitoring requirements. All water suppliers shall deliver a consumer notice of lead tap water monitoring results to persons served by the public water system at sites that are tested, as specified in sub. (4). If a public water system that exceeds the lead action level based on tap water samples collected in accordance with s. NR 809.547, the water supplier shall deliver the public education materials contained in sub. (1) in accordance with the requirements in sub. (2). Water suppliers for public water systems that exceed the lead action level shall sample the tap water of any customer who requests it in accordance with sub. (3).

NR 809.546(1) (1) Content of written public education materials for lead and copper control.

NR 809.546(1)(a) (a) Content for community water systems and non-transient noncommunity water systems. Water suppliers shall include the following elements in printed materials, for example, brochures and pamphlets, in the same order as listed below. In addition, the language in subds. 1., 2., and 6. shall be included in the materials, exactly as written, except for the text in brackets in those subdivisions for which the water supplier shall include public water system-specific information. Any additional information presented by a water supplier shall be consistent with the information below and be in plain language that can be understood by the general public. Water suppliers shall submit all written public education materials to the department prior to delivery. The department may require the water supplier to modify the language before the department approves of the content of written public materials prior to delivery.

NR 809.546(1)(a)1. 1. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF PUBLIC WATER SYSTEM] found elevated levels of lead in drinking water in some homes or buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

NR 809.546(1)(a)2. 2. ‘Health effects of lead.’ Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected, more than healthy adults at lower levels of lead. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones while in utero, which may affect the child’s brain development.

NR 809.546(1)(a)3. 3. ‘Sources of lead.’

NR 809.546(1)(a)3.a. a. Explain what lead is.

NR 809.546(1)(a)3.b. b. Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home and building plumbing materials and service lines that may contain lead.

NR 809.546(1)(a)3.c. c. Discuss other important sources of lead exposure in addition to drinking water, for example, paint.

NR 809.546(1)(a)4. 4. ‘Reducing lead exposure.’ Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

NR 809.546(1)(a)4.a. a. Encourage running the water to flush out the lead.

NR 809.546(1)(a)4.b. b. Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

NR 809.546(1)(a)4.c. c. Explain that boiling water does not reduce lead levels.

NR 809.546(1)(a)4.d. d. Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

NR 809.546(1)(a)4.e. e. Suggest that parents have their child’s blood tested for lead.

NR 809.546(1)(a)5. 5. ‘Reasons for elevated lead levels and water supplier response.’ Explain why there are elevated levels of lead in the public water system’s drinking water, if known, and what the water supplier is doing to reduce the lead levels in homes and buildings in this area.

NR 809.546(1)(a)6. 6. For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our Web site at [INSERT YOUR WEB SITE HERE]]. For more information on reducing lead exposure around your home or building and the health effects of lead, visit EPA’s Web site at http://www.epa.gov/lead or contact your health care provider.

NR 809.546(1)(b) (b) Additional content for community water systems. In addition to including the elements specified in par. (a), water suppliers for community water systems shall:

NR 809.546(1)(b)1. 1. Tell consumers how to get their water tested.

NR 809.546(1)(b)2. 2. Discuss lead in plumbing components and the difference between low lead and lead free.

NR 809.546(2) (2) Delivery of public education materials.

NR 809.546(2)(a) (a) Multilingual public education materials. For public water systems serving a large proportion of non-English speaking consumers, as determined by the department, the public education materials shall contain information in the appropriate language or languages regarding the importance of the notice or shall contain a telephone number or address where persons served may contact the water supplier to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

NR 809.546(2)(b) (b) Community water system public education tasks. A water supplier for a community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with s. NR 809.547 and that is not already conducting public education tasks under this section, shall conduct all of the following public education tasks no later than 60 days after the end of the monitoring period in which the exceedance occurred:

NR 809.546(2)(b)1. 1. Deliver printed materials meeting the content requirements of sub. (1) to all bill-paying customers.

NR 809.546(2)(b)2. 2. Contact customers who are most at risk by:

NR 809.546(2)(b)2.a. a. Delivering education materials that meet the content requirements of sub. (1) to local public health agencies even if they are not located within the public water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users. The water supplier shall contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the public water system. If such lists are provided, water suppliers shall deliver education materials that meet the content requirements of sub. (1) to all organizations on the provided lists.

NR 809.546(2)(b)2.b. b. Delivering materials that meet the content requirements of sub. (1) to organizations that are located within the public water system’s service area such as public and private schools or school boards, Women, Infants and Children (WIC) and Head Start programs, public and private hospitals and medical clinics, pediatricians, family planning clinics, and local welfare agencies along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users.

NR 809.546(2)(b)2.c. c. Making a good faith effort to locate licensed childcare centers, public and private preschools, obstetricians-gynecologists and midwives within the service area and deliver materials that meet the content requirements of sub. (1) to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the public water system’s service area.

NR 809.546(2)(b)3. 3. Provide information with the water bills. No less often than quarterly, water suppliers shall provide information on or in each water bill as long as the public water system exceeds the action level for lead. The message on the water bill shall include the following statement exactly as written except for the text in brackets for which the water supplier shall include public water system-specific information: [INSERT NAME OF PUBLIC WATER SYSTEM] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF PUBLIC WATER SYSTEM] [or visit (INSERT YOUR WEB SITE HERE)]. The message or delivery mechanism may be modified in consultation with the department to allow a separate mailing of public education materials to customers if the water supplier cannot place the information on water bills.

NR 809.546(2)(b)4. 4. Post material meeting the content requirements of sub. (1) on the public water system’s Web site if the public water system serves a population greater than 100,000.

NR 809.546(2)(b)5. 5. Submit a press release to newspaper, television and radio stations.

NR 809.546(2)(b)6. 6. Conduct additional education activities. In addition to subd. 2. b., water suppliers shall implement at least three activities from one or more categories listed in this subdivision. The educational content and selection of these activities shall be determined in consultation with the department.

NR 809.546(2)(b)6.a. a. Public service announcements.

NR 809.546(2)(b)6.b. b. Paid advertisements.

NR 809.546(2)(b)6.c. c. Public area information displays.

NR 809.546(2)(b)6.d. d. E-mails to customers.

NR 809.546(2)(b)6.e. e. Public meetings.

NR 809.546(2)(b)6.f. f. Household deliveries.

NR 809.546(2)(b)6.g. g. Targeted individual customer contact.

NR 809.546(2)(b)6.h. h. Direct material distribution to all multi-family homes and institutions.

NR 809.546(2)(b)6.i. i. Other methods approved by the department.

NR 809.546(2)(b)7. 7. For public water systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

NR 809.546(2)(c) (c) Requirements for continuing community water system exceedances. As long as a community water system exceeds the action level, the water supplier shall repeat the activities pursuant to par. (b) as described in this paragraph.

NR 809.546(2)(c)1. 1. A water supplier for a community water system shall repeat the tasks contained in par. (b) 1., 2., and 6. every 12 months.

NR 809.546(2)(c)2. 2. A water supplier for a community water system shall repeat the tasks contained in par. (b) 3. with each billing cycle.

NR 809.546(2)(c)3. 3. A water supplier for a community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to par. (b) 4.

NR 809.546(2)(c)4. 4. A water supplier for a community water system shall repeat the task in par. (b) 5., twice every 12 months on a schedule agreed upon with the department. The department may allow activities in par. (b) to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis. However, this extension must be approved in writing by the department in advance of the 60-day deadline.

NR 809.546(2)(d) (d) Non-transient non-community water system public education tasks. No later than 60 days after the end of the monitoring period in which the exceedance occurred, unless it already is repeating public education tasks pursuant to par. (e), the water supplier for a non-transient non-community water system shall deliver the public education materials specified in sub. (1), by posting informational posters regarding lead in drinking water in a public place or common area in each of the buildings served by the public water system; and distributing informational pamphlets or brochures, or both, regarding lead in drinking water to each person served by the non-transient non-community water system. The department may allow the water supplier to utilize electronic transmission in lieu of, or combined with, printed materials as long as the same coverage is achieved. For public water systems that are required to be monitored annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

NR 809.546(2)(e) (e) Requirements for continuing non-transient non-community water system exceedances. A water supplier for a non-transient non-community water system shall repeat the tasks contained in par. (d) at least once during each calendar year in which the public water system exceeds the lead action level. The department may, on a case-by-case basis, allow activities in par. (d) to extend beyond the 60-day requirement if needed for implementation purposes. However, this extension is required to be approved in writing by the department in advance of the 60-day deadline.

NR 809.546(2)(f) (f) Requirements for discontinuing public education materials. A water supplier may discontinue delivery of public education materials if the public water system has met the lead action level during the most recent six-month monitoring period conducted pursuant to s. NR 809.547. The water supplier shall recommence public education in accordance with this section if the public water system subsequently exceeds the lead action level during any monitoring period.

NR 809.546(2)(g) (g) Community water system text waiver. A water supplier for a community water system may apply to the department in writing unless the department has waived the requirement for prior approval, to use only the text specified in sub. (1) (a) in lieu of the text in sub. (1) (a) and (b) and to perform the tasks listed in pars. (d) and (e) in lieu of the tasks in pars. (b) and (c) if all of the following are met: