NR 809.547(6)(a)1.1. The laboratory establishes that improper sample analysis caused erroneous results. NR 809.547(6)(a)2.2. The department determines that the sample was taken from a site that did not meet the site selection criteria of this section. NR 809.547(6)(a)4.4. There is substantial reason to believe that the sample was subject to tampering. NR 809.547(6)(b)(b) The water supplier shall report the results of all samples to the department and all supporting documentation for samples the water supplier believes should be invalidated. NR 809.547(6)(c)(c) To invalidate a sample under par. (a), the decision and the rationale for the decision shall be documented in writing. The department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample. NR 809.547(6)(d)(d) The water supplier shall collect replacement samples for any samples invalidated under this subsection if, after the invalidation of one or more samples, the public water system has too few samples to meet the minimum requirements of sub. (3). Any replacement samples shall be taken as soon as possible, but no later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period may not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period. NR 809.547(7)(7) Monitoring waivers for small water systems. The water supplier of any small water system that meets the criteria of this subsection may apply to the department to reduce the frequency of monitoring for lead and copper under this section to once every 9 years, also known as a “full waiver,” if the public water system meets all of the materials criteria specified in par. (a) and all of the monitoring criteria specified in par. (b). If department rules permit, the water supplier for any small water system that meets the criteria in pars. (a) and (b) only for lead, or only for copper, may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only, also known as a “partial waiver.” NR 809.547(7)(a)(a) Materials criteria. The water supplier shall demonstrate that the distribution system of their public water supply system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the public water system, are free of lead-containing materials or copper-containing materials, as those terms are defined in this paragraph, as follows: NR 809.547(7)(a)1.1. ‘Lead waiver.’ To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead, known as a “lead waiver,” the water supplier shall provide certification and supporting documentation to the department that the public water system is free of all lead-containing materials, and complies with all of the following: NR 809.547(7)(a)1.a.a. The public water system contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers. NR 809.547(7)(a)1.b.b. The public water system is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established pursuant to 42 USC 300g-6(e). NR 809.547 NoteNote: 42 USC 300g-6(e) is section 1417 (e) of the federal Safe Drinking Water Act. NR 809.547(7)(a)2.2. ‘Copper waiver.’ To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper, hereafter known as a “copper waiver,” the water supplier shall provide certification and supporting documentation to the department that the public water system contains no copper pipes or copper service lines. NR 809.547(7)(b)(b) Monitoring criteria for waiver issuance. The water supplier for the public water system shall have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by sub. (3) and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the public water system became free of all lead-containing and copper-containing materials, as appropriate, meet the following criteria: NR 809.547(7)(b)1.1. ‘Lead waiver.’ To qualify for a lead waiver, the water supplier shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L. NR 809.547(7)(b)2.2. ‘Copper waiver.’ To qualify for a copper waiver, the water supplier shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L. NR 809.547(7)(c)(c) Department approval of waiver application. The department shall notify the water supplier of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the water supplier to perform specific activities, such as limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver, to avoid the risk of lead or copper concentration of concern in tap water. The water supplier for the small water system shall continue monitoring for lead and copper at the tap as required by sub. (4) (a) to (d), as appropriate, until water supplier receives written notification from the department that the waiver has been approved. NR 809.547(7)(d)1.1. A water supplier with a full waiver shall conduct tap water monitoring for lead and copper in accordance with sub. (4) (d) 4. at the reduced number of sampling sites identified in sub. (3) at least once every 9 years and provide the materials certification specified in par. (a) for both lead and copper to the department along with the monitoring results. NR 809.547(7)(d)2.2. A water supplier with a partial waiver shall conduct tap water monitoring for the waived contaminant in accordance with sub. (4) (d) 4. at the reduced number of sampling sites specified in sub. (3) at least once every 9 years and provide the materials certification specified in par. (a) pertaining to the waived contaminant along with the monitoring results. The water supplier shall also continue to monitor for the non-waived contaminant in accordance with requirements of sub. (4) (a) to (d), as appropriate. NR 809.547(7)(d)3.3. Any water supplier for a public water system with a full or partial waiver shall notify the department in writing in accordance with s. NR 809.55 (1) (c) 3. of any upcoming long-term change in treatment or addition of a new source, as described in that section. The department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the public water system. The department has the authority to require the public water system to add or modify waiver conditions. The department may require recertification that the public water system is free of lead-containing or copper-containing materials, or both, and may require additional rounds of monitoring, if it deems the modifications are necessary to address treatment or source water changes at the public water system. NR 809.547(7)(d)4.4. If a water supplier for a public water system with a full or partial waiver becomes aware that the public water system is no longer free of lead-containing or copper-containing materials as a result of new construction or repairs, the water supplier shall notify the department in writing no later than 60 days after becoming aware of a change. NR 809.547(7)(e)(e) Continued eligibility. If the public water system continues to satisfy the requirements of par. (d), the waiver shall be renewed automatically, unless any of the conditions listed in subds. 1. to 3. occurs. A water supplier for a public water system whose waiver has been revoked may re-apply for a waiver at the time the public water system again meets the appropriate materials and monitoring criteria of pars. (a) and (b). NR 809.547(7)(e)1.1. A public water system with a lead waiver no longer satisfies the materials criteria of par. (a) 1. if the 90th percentile lead level is greater than 0.005 mg/L. NR 809.547(7)(e)2.2. A public water system with a copper waiver no longer satisfies the materials criteria of par. (a) 2. if the 90th percentile copper level is greater than 0.65 mg/L. NR 809.547(7)(e)3.3. The department notifies the water supplier, in writing, that the waiver has been revoked, setting forth the basis of its decision. NR 809.547(7)(f)(f) Requirements following waiver revocation. A public water system whose full or partial waiver has been revoked by the department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows: NR 809.547(7)(f)1.1. If the public water system exceeds the lead or copper action level, or both, the water supplier shall implement corrosion control treatment in accordance with the deadlines specified in s. NR 809.542 (5), and any other applicable requirements of this paragraph. NR 809.547(7)(f)2.2. If the public water system meets both the lead and the copper action level, the water supplier shall monitor for lead and copper at the tap no less frequently than once every 3 years using the reduced number of sample sites specified in sub. (3). NR 809.547(7)(g)(g) Pre-existing waivers. Small water system waivers approved by the department in writing prior to April 11, 2000 shall remain in effect under the following conditions: NR 809.547(7)(g)1.1. If the water supplier for a public water system has demonstrated that the public water system is free of both lead-containing and copper-containing materials, as required by par. (a) and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of par. (b), the waiver remains in effect so long as the public water system continues to meet the waiver eligibility criteria of par. (e). The first round of tap water monitoring conducted pursuant to par. (d) shall be completed no later than 9 years after the last time the water supplier has monitored for lead and copper at the tap. Samples collected every nine years shall be collected no later than every ninth calendar year. NR 809.547(7)(g)2.2. If the public water system has met the materials criteria of par. (a) but has not met the monitoring criteria of par. (b), the water supplier shall conduct a round of monitoring for lead and copper at the tap demonstrating that the public water system meets the criteria of par. (b) to meet initial monitoring requirements. Thereafter, the waiver shall remain in effect as long as the public water system meets the continued eligibility criteria of par. (e). The first round of tap water monitoring conducted pursuant to par. (d) shall be completed no later than 9 years after the round of monitoring conducted pursuant to par. (b). NR 809.547 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (4) (d) 5. and (6) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (3), (4) (d) 2. Register March 2016 No. 723, eff. 4-1-16. NR 809.548NR 809.548 Monitoring requirements for water quality parameters. Water suppliers for all large systems, and for all small and medium-size systems that exceed the lead or copper action level, shall monitor water quality parameters in addition to lead and copper in accordance with this section. The requirements of this section are summarized in the table at the end of this section. NR 809.548(1)(a)1.1. Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the water supplier, and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under s. NR 809.547 (1). NR 809.548(1)(a)2.2. Samples collected at the entry points to the distribution system shall be from locations representative of each source after treatment. If a public water system draws water from more than one source and the sources are combined before distribution, the water supplier shall sample at an entry point to the distribution system during periods of normal operating conditions, i.e., when water is representative of all sources being used. NR 809.548(1)(b)1.1. The water supplier shall collect 2 tap samples for applicable water quality parameters during each monitoring period specified under subs. (2) to (5) from the following number of sites: NR 809.548(1)(b)2.2. Except as provided in sub. (3) (c), water suppliers shall collect 2 samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in sub. (2). NR 809.548(2)(2) Initial sampling. Water suppliers of all large water systems shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each 6-month monitoring period specified in s. NR 809.547 (4) (a). Water suppliers of all small and medium-size systems shall measure the applicable water quality parameters at the locations specified below during each 6-month monitoring period specified in s. NR 809.547 (4) (a) during which the public water system exceeds the lead or copper action level. NR 809.548(2)(a)3.3. Orthophosphate, when an inhibitor containing a phosphate compound is used; NR 809.548(2)(b)(b) At each entry point to the distribution system: all of the applicable parameters listed in par. (a). NR 809.548(3)(3) Monitoring after installation of corrosion control. The water supplier of any large system which installs optimal corrosion control treatment pursuant to s. NR 809.542 (4) (d) shall measure the water quality parameters at the following locations and frequencies during each 6-month monitoring period specified in s. NR 809.547 (4) (b) 1. The water supplier of any small or medium-size system which installs optimal corrosion control treatment shall conduct such monitoring during each 6-month monitoring period specified in s. NR 809.547 (4) (b) 2. in which the public water system exceeds the lead or copper action level. NR 809.548(3)(a)3.3. Orthophosphate, when an inhibitor containing a phosphate compound is used; NR 809.548(3)(a)4.4. Silica, when an inhibitor containing a silicate compound is used; and NR 809.548(3)(a)5.5. Calcium, when calcium carbonate stabilization is used as part of corrosion control. NR 809.548(3)(b)(b) Except as provided in par. (c), at each entry point to the distribution system, one sample every 2 weeks for: NR 809.548(3)(b)2.2. When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity and the alkalinity concentration; and NR 809.548(3)(b)3.3. When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used and the concentration of orthophosphate or silica, whichever is applicable. NR 809.548(3)(c)(c) The water supplier for a groundwater system can limit entry point sampling described in par. (b) to those entry points that are representative of water quality and treatment conditions throughout the public water system. If water from untreated groundwater sources mixes with water from treated groundwater sources, the water supplier shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this subsection, the water supplier shall provide to the department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the public water system. NR 809.548(4)(4) Monitoring after the department specifies water quality parameter values for optimal corrosion control. After the department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under s. NR 809.543 (6) and (7), water suppliers for all large systems shall measure the applicable water quality parameters in accordance with sub. (3) and determine compliance with the requirements of s. NR 809.543 (8) every six months with the first six-month period to begin on either January 1 or July 1, whichever comes first, after the department specifies the optimal values under s. NR 809.543 (6). Water suppliers for any small or medium-size systems shall conduct such monitoring during each six-month period specified in this paragraph in which the public water system exceeds the lead or copper action level. For any such small and medium-size system that is subject to a reduced monitoring frequency pursuant to s. NR 809.547 (4) (d) at the time of the action level exceedance, the start of the applicable six-month monitoring period under this paragraph shall coincide with the start of the applicable monitoring period under s. NR 809.547 (4) (d). Compliance with department designated optimal water quality parameter values shall be determined as specified under s. NR 809.543 (8). NR 809.548(5)(a)(a) Water suppliers for any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of 2 consecutive 6-month monitoring periods under sub. (4) shall continue monitoring at the entry points to the distribution system as specified in sub. (3) (b). Water suppliers for such public water systems may collect 2 tap samples for applicable water quality parameters from the following reduced number of sites during each 6-month monitoring period. NR 809.548(5)(b)1.1. Water suppliers for any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under s. NR 809.543 (6) during 3 consecutive years of monitoring may reduce the frequency with which they collect the number of tap samples for applicable water quality parameters specified in par. (a) from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Water suppliers for any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under s. NR 809.543 (6) during 3 consecutive years of annual monitoring under this paragraph may reduce the frequency with which they collect the number of tap samples for applicable water quality parameters specified in par. (a) of this section from annually to every 3 years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs. NR 809.548(5)(b)2.2. A water supplier for a public water system may reduce the frequency with which they collect tap samples for applicable water quality parameters specified in par. (a) to every 3 years if the public water system demonstrates during 2 consecutive monitoring periods that the public water system’s tap water lead level at the 90th percentile is less than or equal to the practical quantitation limit for lead specified in s. NR 809.541 (4) (a), that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in s. NR 809.54 (3) (b), and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under s. NR 809.543 (6). Monitoring conducted every three years shall be done no later than every third calendar year. NR 809.548(5)(c)(c) Water suppliers for any public water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under s. NR 809.543 (6) during 3 consecutive years of annual monitoring may reduce the frequency with which they collect the number of tap samples for applicable water quality parameters specified in par. (a) from annually to every 3 years. NR 809.548(5)(d)(d) A water supplier that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability. NR 809.548(5)(e)(e) Any water supplier that has a public water system subject to reduced monitoring frequency that fails to operate within the range of values for the water quality parameters specified by the department under s. NR 809.543 (6) for more than 9 days in any 6-month period specified in s. NR 809.543 (8) shall resume distribution system tap water sampling in accordance with the number and frequency requirements in sub. (4). A water supplier may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in par. (a) after they have completed 2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of that paragraph or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after the water supplier demonstrates through subsequent rounds or monitoring that the public water system meets the criteria of either par. (b) 1. or 2., or both. Summary of Monitoring Requirements for Water Quality Parameters1
1 Table is for illustrative purposes; consult the text of this section for precise regulatory requirements.
2 Water supplier for small and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the public water system exceeds the lead or copper action level.
3 Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be measured only when an inhibitor containing silicate compound is used.
4 Calcium must be measured only when calcium carbonate stabilization is used as part of corrosion control.
5 Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibitor is used.
6 Water supplier for groundwater systems may limit monitoring to representative locations throughout the public water system.
7 Water suppliers for public water systems may reduce frequency of monitoring for water quality parameters at the tap from every 6 months to annually if they have maintained the range of values for water quality parameters in the public water system reflecting optimal corrosion control during 3 consecutive years of monitoring.
8 Water suppliers for public water systems may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every 3 years if they have maintained the range of values for water quality parameters in the public water system reflecting optimal corrosion control during 3 consecutive years of annual monitoring. Water suppliers for public water systems may accelerate to triennial monitoring for water quality parameters at the tap if the public water system has maintained 90th percentile lead levels less than or equal to 0.005 mg/L, 90th percentile copper levels less than or equal to 0.65 mg/L, and the range of water quality parameters designated by the department under s. NR 809.543 (7) as representing optimal corrosion control during 2 consecutive 6-month monitoring periods. NR 809.548 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (4) Register March 2016 No. 723, eff. 4-1-16. NR 809.549NR 809.549 Monitoring requirements for lead and copper in source water. NR 809.549(1)(1) Sample location, collection methods and number of samples. NR 809.549(1)(a)(a) The water supplier of a public water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with s. NR 809.547 shall collect lead and copper source water samples in accordance with the requirements regarding sample location, number of samples and collection methods: NR 809.549(1)(a)1.1. The water suppliers for groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment. The water supplier shall take one sample at the same sampling location unless conditions make another sampling location more representative of each source or treatment plant. NR 809.549(1)(a)2.2. The water suppliers for surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment. The water supplier shall take each sample at the same sampling location unless conditions make another sampling location more representative of each source or treatment plant. For the purposes of this paragraph, surface water systems include public water systems with a combination of surface water and groundwater sources. NR 809.549(1)(a)3.3. If a public water system draws water from more than one source and the sources are combined before distribution, the water supplier shall sample at an entry point to the distribution system during periods of normal operating conditions, and when water is representative of all sources being used.
