Chapter NR 809

NR 809.565(6) (6) Monitoring plans. Each water supplier for a public water system required to monitor under this subchapter shall develop and implement a monitoring plan, and shall maintain the plan and make it available for inspection by the department and the general public no later than 30 days following the applicable compliance dates in s. NR 809.562 (2).

NR 809.565(6)(a) (a) Water suppliers for public water systems which are supplied by a surface water source or by a groundwater source under the direct influence of surface water and which serve more than 3,300 people shall submit a copy of the monitoring plan to the department no later than the date of the first report required under s. NR 809.567. The department may also require water suppliers for any other public water system to submit a monitoring plan. After review, the department may require changes in any plan elements.

NR 809.565(6)(b) (b) The plan shall include at least the following elements:

NR 809.565(6)(b)1. 1. Specific locations and schedules for collecting samples for any parameters included in this subchapter.

NR 809.565(6)(b)2. 2. How the water supplier will calculate compliance with MCLs, MRDLs and treatment techniques.

NR 809.565(6)(b)3. 3. If approved for monitoring as a consecutive system, or if providing water to a consecutive system, under s. NR 809.77, the sampling plan shall reflect the entire distribution system.

NR 809.565 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 14-049: cr. (2) (c) 2m., r. (3) (b) 2., renum. (3) (b) 3. to (3) (b) 2. and am., am. (4) (a) Register March 2016 No. 723, eff. 4-1-16.

NR 809.566 NR 809.566 Compliance requirements for disinfection byproducts and disinfection residuals Stage 1 DBP.

NR 809.566(1) (1) General requirements. The general requirements for compliance with this subchapter are as follows:

NR 809.566(1)(a) (a) If compliance is based on a running annual average of monthly or quarterly samples or an annual average and the water supplier for a public water system fails to monitor for TTHM, HAA5 or bromate, this failure to monitor shall be treated as a monitoring violation for the entire period covered by the annual average.

NR 809.566(1)(b) (b) If compliance is based on a running annual average of monthly or quarterly samples or averages and the water supplier’s failure to monitor the public water system makes it impossible to determine compliance with MRDLs for chlorine and chloramines, failure to monitor shall be treated as a monitoring violation for the entire period covered by the annual average.

NR 809.566(1)(c) (c) All samples taken and analyzed under the provisions of this subchapter shall be included in determining compliance, even if that number is greater than the minimum required.

NR 809.566(1)(d) (d) If, during the first year of monitoring under s. NR 809.565, any individual quarter’s average will cause the running annual average of that public water system to exceed the MCL, the public water system is out of compliance at the end of that quarter.

NR 809.566(2) (2) Compliance requirements for disinfection byproducts.

NR 809.566(2)(a) (a) TTHMs and HAA5s. Compliance for TTHMs and HAA5s shall be based one of the following:

NR 809.566(2)(a)1. 1. For public water systems monitored quarterly, compliance with MCLs in s. NR 809.561 (3) shall be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the water supplier as prescribed by s. NR 809.565 (2). If the running annual arithmetic average of quarterly averages covering any consecutive 4-quarter period exceeds the MCL, the public water system is in violation of the MCL and the water supplier shall notify the public pursuant to subch. VII, in addition to reporting to the department pursuant to s. NR 809.567. If the water supplier for a public water system fails to complete 4 consecutive quarters of monitoring, compliance with the MCL for the last 4-quarter compliance period shall be based on an average of the available data.

NR 809.566(2)(a)2. 2. For public water systems monitored less frequently than quarterly, compliance with MCLs in s. NR 809.561 (3) shall be based on an average of samples taken that year under the provisions of s. NR 809.565 (2). If the average of these samples exceeds the MCL, the water supplier shall increase monitoring to once per quarter per treatment plant and the public water system is not in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than 4 quarters of monitoring will cause the running annual average to exceed the MCL, in which case the public water system is in violation at the end of that quarter. Water supplier for public water systems required to increase monitoring frequency to quarterly monitoring shall calculate compliance by including the sample which triggered the increased monitoring plus the following 3 quarters of monitoring.

NR 809.566(2)(a)3. 3. If the running annual arithmetic average of quarterly averages covering any consecutive 4-quarter period exceeds the MCL, the public water system is in violation of the MCL and the water supplier shall notify the public pursuant to subch. VII, in addition to reporting to the department pursuant to s. NR 809.567.

NR 809.566(2)(b) (b) Bromate. Compliance for bromate shall be based on a running annual arithmetic average, computed quarterly, of monthly samples or, for months in which the water supplier for the public water system takes more than one sample, the average of all samples taken during the month, collected by the water supplier as prescribed by s. NR 809.565 (3) (b). If the average of samples covering any consecutive 4-quarter period exceeds the MCL, the public water system is in violation of the MCL and the water supplier shall notify the public pursuant to subch. VII, in addition to reporting to the department pursuant to s. NR 809.567. If the water supplier for a public water system fails to complete 12 consecutive months of monitoring, compliance with the MCL for the last 4-quarter compliance period shall be based on an average of the available data.

NR 809.566(2)(c) (c) Chlorite. Compliance for chlorite shall be based on an arithmetic average of each 3-sample set taken in the distribution system as prescribed by s. NR 809.565 (3) (a) 2. and 3. If the arithmetic average of any 3-sample set exceeds the MCL, the public water system is in violation of the MCL and the water supplier shall notify the public pursuant to subch. VII, in addition to reporting to the department pursuant to s. NR 809.567.

NR 809.566(3) (3) Compliance requirements for disinfectant residuals.

NR 809.566(3)(a) (a) Chlorine and chloramines.

NR 809.566(3)(a)1. 1. Compliance shall be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the water supplier for a public water system under s. NR 809.565 (4) (a). If the average of quarterly averages covering any consecutive 4-quarter period exceeds the MRDL, the public water system is in violation of the MRDL and the water supplier shall notify the public pursuant to subch. VII, in addition to reporting to the department pursuant to s. NR 809.567.

NR 809.566(3)(a)2. 2. In cases where chlorine and chloramines are used for residual disinfection during the year, compliance shall be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to s. NR 809.567 shall clearly indicate which residual disinfectant was analyzed for each sample.

NR 809.566(3)(b) (b) Chlorine dioxide. Compliance shall be based on consecutive daily samples collected by the water supplier under s. NR 809.565 (4) (b).

NR 809.566(3)(b)1. 1. A public water system has an acute violation of the MRDL for chlorine dioxide when any daily sample taken at the entrance to the distribution system exceeds the MRDL and on the following day one or more of the 3 samples taken in the distribution system exceeds the MRDL. If both exceedances occur, the public water system is in violation of the MRDL and the water supplier shall take immediate corrective action to lower the level of chlorine dioxide below the MRDL and shall notify the public pursuant to the procedures for acute health risks in s. NR 809.951. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system shall also be considered an MRDL violation and the water supplier shall notify the public of the violation in accordance with the provisions for acute violations under s. NR 809.951.

NR 809.566(3)(b)2. 2. A public water system has a nonacute violation for chlorine dioxide when any 2 consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL. A water supplier for a public water system with a nonacute violation shall take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and shall notify the public pursuant to the procedures for nonacute health risks in subch. VII. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the water supplier shall notify the public of the violation in accordance with the provisions for nonacute violations under subch. VII.

NR 809.566(4) (4) Compliance requirements for Disinfection byproduct precursors (DBPP). Compliance with disinfection byproduct precursors shall be determined as specified in s. NR 809.569 (1). Water suppliers for public water systems may begin monitoring to determine whether Step 1 TOC removals can be met 12 months prior to the compliance date for the public water system. This monitoring is not required and failure to monitor during this period is not a violation. However, any water supplier that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the Step 1 requirements in s. NR 809.569 (1) (b) and therefore applies for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements as allowed pursuant to s. NR 809.569 (1) (c) and is in violation. Water supplier may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For public water systems required to meet Step 1 TOC removals, if the value calculated under s. NR 809.569 (3) (a) or (b) is less than 1.00, the public water system is in violation of the treatment technique requirements and the water supplier shall notify the public pursuant to subch. VII in addition to reporting to the department pursuant to s. NR 809.567.

NR 809.566 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.567 NR 809.567 Reporting and recordkeeping requirements for disinfection byproducts and disinfection residuals for Stage 1 DBP.

NR 809.567(1) (1) Reporting requirements. Water suppliers for public water systems required to be sampled quarterly or more frequently shall report to the department within 10 days after the end of each quarter in which samples were collected, notwithstanding the provisions of s. NR 809.563. Water suppliers for public water systems required to be sampled less frequently than quarterly shall report to the department within 10 days after the end of each monitoring period in which samples were collected.

NR 809.567(2) (2) Reporting and recordkeeping requirements for Disinfection byproducts. Water suppliers for public water systems monitored for disinfection byproducts shall report the information specified in the following requirements:

NR 809.567(2)(a) (a) Water supplier for public water systems monitored for TTHM and HAA5 under the requirements of s. NR 809.565 (2) on a quarterly or more frequent basis shall report all of the following:

NR 809.567(2)(a)1. 1. The number of samples taken during the last quarter.

NR 809.567(2)(a)2. 2. The location, date and result of each sample taken during the last quarter.

NR 809.567(2)(a)3. 3. The arithmetic average of all samples taken in the last quarter.

NR 809.567(2)(a)4. 4. The annual arithmetic average of the quarterly arithmetic averages for the last 4 quarters.

NR 809.567(2)(a)5. 5. Whether the MCL was exceeded, as determined according to s. NR 809.566 (2).

NR 809.567(2)(b) (b) Water supplier for public water systems monitored for TTHMs and HAA5s under the requirements of s. NR 809.565 (2) less frequently than quarterly but at least annually shall report all of the following:

NR 809.567(2)(b)1. 1. The number of samples taken during the last year.

NR 809.567(2)(b)2. 2. The location, date and result of each sample taken during the last quarter.

NR 809.567(2)(b)3. 3. The arithmetic average of all samples taken over the last year.

NR 809.567(2)(b)4. 4. Whether the MCL was exceeded, as determined according to s. NR 809.566 (2).

NR 809.567(2)(c) (c) Water supplier for public water systems monitored for TTHMs and HAA5s under the requirements of s. NR 809.565 (2) less frequently than annually shall report all of the following:

NR 809.567(2)(c)1. 1. The location, date and result of the last sample taken.

NR 809.567(2)(c)2. 2. Whether the MCL was exceeded, as determined according to s. NR 809.566 (2).

NR 809.567(2)(d) (d) Water supplier for public water systems monitored for chlorite under the requirements of s. NR 809.565 (3) (a) shall report all of the following:

NR 809.567(2)(d)1. 1. The number of samples taken each month for the last 3 months.

NR 809.567(2)(d)2. 2. The location, date and result of each sample taken during the last quarter.

NR 809.567(2)(d)3. 3. For each month in the reporting period, the arithmetic average of all samples taken in each 3 sample set collected in the distribution system.

NR 809.567(2)(d)4. 4. Whether, based on s. NR 809.566 (2) (c), the MCL was exceeded, and how many times it was exceeded each month.

NR 809.567(2)(e) (e) Water supplier for public water systems monitored for bromate under the requirements of s. NR 809.565 (3) (b) shall report all of the following:

NR 809.567(2)(e)1. 1. The number of samples taken during the last quarter.

NR 809.567(2)(e)2. 2. The location, date and result of each sample taken during the last quarter.

NR 809.567(2)(e)3. 3. The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.

NR 809.567(2)(e)4. 4. Whether the MCL was exceeded, as determined according to s. NR 809.566 (2) (b).

NR 809.567(3) (3) Reporting and recordkeeping requirements for disinfectants. Water supplier for public water systems monitored for disinfectants shall report the information specified in the following:

NR 809.567(3)(a) (a) Water supplier for public water systems monitored for chlorine or chloramines under the requirements of s. NR 809.565 (4) (a) shall report all of the following:

NR 809.567(3)(a)1. 1. The number of samples taken during each month of the last quarter.

NR 809.567(3)(a)2. 2. The monthly arithmetic average of all samples taken in each month for the last 12 months.

NR 809.567(3)(a)3. 3. The arithmetic average of all monthly averages for the last 12 months.

NR 809.567(3)(a)4. 4. Whether the MRDL was exceeded, as determined according to s. NR 809.566 (3) (a).

NR 809.567(3)(b) (b) Water supplier for public water systems monitored for chlorine dioxide under the requirements of s. NR 809.565 (4) (b) shall report all of the following information:

NR 809.567(3)(b)1. 1. The dates, results and locations of samples taken during the last quarter.

NR 809.567(3)(b)2. 2. Whether the MRDL was exceeded, as determined according to s. NR 809.566 (3) (b).

NR 809.567(3)(b)3. 3. Whether the MRDL was exceeded in any 2 consecutive daily samples and whether the resulting violation was acute or nonacute as determined according to s. NR 809.566 (3) (b).

NR 809.567(4) (4) Disinfection byproduct precursors, enhanced coagulation or enhanced softening treatment systems. Water supplier for public water systems containing disinfection byproduct precursors or using enhanced coagulation or enhanced softening, shall report the information specified in the following:

NR 809.567(4)(a) (a) Water supplier for public water systems monitored monthly or quarterly for TOC under the requirements of s. NR 809.565 (5) and required to meet the enhanced coagulation or enhanced softening requirements in s. NR 809.569 (1) (b) or (c) shall report all of the following:

NR 809.567(4)(a)1. 1. The number of paired samples of source water and treated water, both prior to continuous disinfection, taken during the last quarter.

NR 809.567(4)(a)2. 2. The location, date and result of each paired sample and associated alkalinity taken during the last quarter.

NR 809.567(4)(a)3. 3. For each month in the reporting period that paired samples were taken, the arithmetic average of the percent reduction of TOC for each paired sample and the required TOC percent removal.

NR 809.567(4)(a)4. 4. Calculations for determining compliance with the TOC percent removal requirements, as provided in s. NR 809.569 (3).

NR 809.567(4)(a)5. 5. Whether the public water system is in compliance with the enhanced coagulation or enhanced softening percent removal requirements in s. NR 809.569 (1) for the last 4 quarters.

NR 809.567(4)(b) (b) Water supplier for public water systems monitored monthly or quarterly for TOC under the requirements of s. NR 809.565 (5) and meeting one or more of the alternative compliance criteria in s. NR 809.569 (2) (b) or (c) shall report all of the following:

NR 809.567(4)(b)1. 1. The alternative compliance criterion that the water supplier for the public water system is using.

NR 809.567(4)(b)2. 2. The number of paired samples taken during the last quarter.

NR 809.567(4)(b)3. 3. The location, date and result of each paired sample and associated alkalinity taken during the last quarter.

NR 809.567(4)(b)4. 4. The running annual arithmetic average based on monthly averages or quarterly samples of source water TOC for public water systems meeting a criterion in s. NR 809.569 (2) (b) 1. and 3. or of treated water TOC for public water systems meeting the criterion in s. NR 809.569 (2) (b) 2.

NR 809.567(4)(b)5. 5. The running annual arithmetic average based on monthly averages or quarterly samples of source water SUVA for public water systems meeting the criterion in s. NR 809.569 (2) (b) 6. or of treated water SUVA for public water systems meeting the criterion in s. NR 809.569 (2) (b) 7.

NR 809.567(4)(b)6. 6. The running annual average of source water alkalinity for public water systems meeting the criterion in s. NR 809.569 (2) (b) 3. and 4. and of treated water alkalinity for public water systems meeting the criterion in s. NR 809.569 (2) (c) 1.

NR 809.567(4)(b)7. 7. The running annual average for both TTHM and HAA5 for public water systems meeting the criterion in s. NR 809.569 (2) (b) 3., 4., and 5.

NR 809.567(4)(b)8. 8. The running annual average of the amount of magnesium hardness removal (as CaCO3 mg/L) for public water systems meeting the criterion in s. NR 809.567 (2) (c) 2.

NR 809.567(4)(b)9. 9. Whether the public water system is in compliance with the particular alternative compliance criterion in s. NR 809.569 (2) (b) and (c).

NR 809.567 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.569 NR 809.569 Treatment technique for control of disinfection byproduct (DBP) precursors. For public water systems using conventional treatment which are supplied by a surface water source or by a groundwater source under the direct influence of surface water, the department identifies enhanced coagulation or enhanced softening as treatment techniques to control the level of disinfection byproduct precursors in drinking water and distribution systems. Treatment technique requirements for DBP precursors shall comply with the following:

NR 809.569(1) (1) Enhanced coagulation and enhanced softening performance requirements.

NR 809.569(1)(a) (a) Public water systems using enhanced coagulation or enhanced softening shall achieve the percent reduction of TOC specified in par. (b) between the source water and the combined filter effluent, unless the department approves the water supplier’s request for alternate minimum TOC removal (Step 2) requirements under par. (c).

NR 809.569(1)(b) (b) Required Step 1 TOC reductions, indicated in Table V, are based upon specified source water parameters measured in accordance with s. NR 809.563 (6). Public water systems practicing softening are required to meet the Step 1 TOC reductions in the far-right column, source water alkalinity >120 mg/L, for the specified source water TOC:

Table V