Chapter NR 809

NR 809.70 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (3) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) Table AA, (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.71 NR 809.71 Sampling and analytical requirements for secondary standards.

NR 809.71(1) (1) Complaints on aesthetic water quality. If the department receives complaints regarding the aesthetic quality of the water, the water supplier may be required to implement a monitoring program to determine compliance with s. NR 809.70.

NR 809.71(2) (2) Department required remedial action. If it is determined by the department that physical or chemical substances or both in excess of those standards contained in s. NR 809.70 are objectionable to an appreciable number of persons and are detrimental to the public welfare, the department may, on its own motion, require remedial action by the water supplier to insure that the public receives the highest quality water practicably obtainable.

NR 809.71(3) (3) Laboratory requirements. The department may require that laboratory test results submitted to the department under this section be performed by a laboratory certified or registered under ch. NR 149.

NR 809.71 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (2) Register March 2016 No. 723, eff. 4-1-16.

NR 809.73 NR 809.73 Sampling and analytical requirements for other chemicals.

NR 809.73(1) (1) Other chemical testing. If the department determines that the public health, safety or welfare requires testing for chemical or physical constituents in water which are not contained in this chapter, the department may order such testing as it deems necessary.

NR 809.73(1)(a) (a) The department shall provide public notice and an opportunity for public hearing within 90 days after any order under this subsection.

NR 809.73(1)(b) (b) Hearings under this subsection shall be class 1 hearings and shall be held in accordance with ch. 227, Stats.

NR 809.73(1)(c) (c) Such testing shall be done at a laboratory certified or registered by EPA or under ch. NR 149 as the department may require on a case-by-case basis.

NR 809.73(2) (2) Treatment control testing. Testing for other constituents shall be performed at public water systems as determined necessary by the department for design and control of treatment processes for contaminants which may affect public health or welfare. Such testing shall be done at a laboratory certified or registered by EPA or under ch. NR 149 as the department may require on a case-by-case basis.

NR 809.73 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.74 NR 809.74 Additional requirements for public water systems which chlorinate or fluoridate water.

NR 809.74(1) (1) Public water systems which add fluoride.

NR 809.74(1)(a) (a) The water supplier for a community water system artificially fluoridating the water shall establish a monitoring program in order to maintain the fluoride concentration within the range of 0.6 to 0.8 milligrams per liter recommended by the dental health section of the department of health services for optimum dental benefits.

NR 809.74(1)(b) (b) The monitoring program shall include:

NR 809.74(1)(b)1. 1. Submission of the results of daily fluoride tests of samples from the distribution system.

NR 809.74(1)(b)2. 2. One sample per month taken from a representative location in the distribution system and submitted to the state laboratory of hygiene. The sample submitted to the state laboratory of hygiene shall be a portion of a split sample so that the operator can determine the fluoride concentration with the operator’s equipment and compare it to the state laboratory results. The fluoride concentration obtained by the operator shall be noted on the data sheet prior to submission to the state laboratory.

NR 809.74(1)(b)3. 3. For public water systems with large distribution systems and multiple sources, more than one fluoride test per day may be necessary to assure proper feed rates. See s. NR 811.51 (7) for testing equipment requirements.

NR 809.74(1)(b)4. 4. The department may approve exceptions to the daily fluoride test requirement if the water supplier is able to demonstrate that the optimum fluoride concentration in par. (a) can be maintained utilizing a reduced monitoring program.

NR 809.74(2) (2) Chlorine. The water suppliers for all waterworks which chlorinate water shall test chlorine residuals at locations and intervals necessary to control the chlorination process. At groundwater supplies, the chlorine residual of a sample from a representative location in the distribution system shall be checked at least twice per week. Water suppliers for public water systems having surface water treatment plants or GWUDI systems shall determine the chlorine residual in the plant effluent continuously and in the distribution system at least daily in representative locations. Where water quality changes rapidly, residuals shall be tested at more frequent intervals as specified by the department and in those individual cases, continuous monitoring equipment may be required if the department determines it is necessary to protect public health. Chlorine residual testing is required when bacteriological samples are taken.

NR 809.74 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) Register March 2016 No. 723, eff. 4-1-16.

NR 809.75 NR 809.75 Raw surface water standards. The intake water for surface water treatment plants shall be the highest quality reasonably available and which, with appropriate treatment and adequate safeguards, will meet the drinking water standards in this chapter.

NR 809.75 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.76 NR 809.76 Laboratory certification.

NR 809.76(1) (1) Laboratory certification for compliance samples. For the purpose of compliance with ss. NR 809.113, 809.118, 809.119, 809.203, 809.25, 809.243, 809.54, 809.549 and 809.563, samples shall be analyzed at the state laboratory of hygiene, at a laboratory facility acceptable to the U.S. environmental protection agency, or at a laboratory certified for the safe drinking water test category under ch. NR 149. For the purpose of compliance with ss. NR 809.311, 809.323 and 809.334, bacteriological samples shall be analyzed at a laboratory facility certified or approved by the department of agriculture, trade and consumer protection, or at a laboratory facility acceptable to the U.S. environmental protection agency. For the purpose of compliance with s. NR 809.52 radiological samples shall be analyzed at a laboratory facility certified or acceptable to the U.S. environmental protection agency.

NR 809.76 Note Note: Section NR 149.42 describes procedures for allowing alternative methods from certified laboratories.

NR 809.76(2) (2) Laboratory certification for operational samples. Water suppliers for all community water systems utilizing surface water sources or GWUDI shall analyze bacteriological samples for in-plant operational control at a laboratory facility approved by the department of agriculture, trade and consumer protection.

NR 809.76 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.77 NR 809.77 Monitoring of consecutive public water systems. When a public water system supplies water to one or more other public water systems, the department may modify the monitoring requirements imposed by this chapter to the extent that the interconnection of the public water systems justifies treating them as a single public water system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the department and concurred in by the administrator of the U.S. environmental protection agency.

NR 809.77 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

subch. V of ch. NR 809 Subchapter V — Reporting, Consumer Confidence Reports and Record Keeping

NR 809.80 NR 809.80 Reporting requirements.

NR 809.80(1) (1) Reporting periods. Unless a shorter reporting period is specified in this chapter, the water supplier shall use a laboratory that will report to the department the results of any test measurement or analysis required by this chapter within one of the following time periods, whichever is shortest:

NR 809.80(1)(a) (a) The first 10 days following the month in which the analysis is completed.

NR 809.80(1)(b) (b) The first 10 days following the end of the required monitoring period as stipulated by the department.

NR 809.80(2) (2) Violation reporting. Unless another time period is specified in this chapter, the water supplier shall report to the department, no later than 24 hours after receiving the test results, the failure to comply with any maximum contaminant level, or monitoring requirement, or treatment technique set forth in this chapter.

NR 809.80(3) (3) Reporting responsibility. The supplier of water is not required to report analytical results to the department if the laboratory doing the analysis has reported the results electronically to the department within the time frames contained in this section. The water supplier is responsible for analytical results that are not reported within the required time frames.

NR 809.80(4) (4) Electronic reporting.

NR 809.80(4)(a) (a) When determining compliance with any water quality monitoring, or drinking water maximum contaminant levels specified in this chapter, the department shall accept analytical results only from laboratories that report results directly to the department in a department approved electronic format and are certified under ch. ATCP 77, ch. NR 149 for safe drinking water analyses or laboratories approved by EPA for radionuclide analyses.

NR 809.80(4)(b) (b) Results of microbiological samples collected to satisfy requirements of subch. I shall be reported to the department and the water supplier within 24 hours of the time the results are obtained by the laboratory. When results are obtained on a weekend or holiday, the results shall be provided to the water supplier and the department as soon as practicable.

NR 809.80(4)(c) (c) Analytical results other than those under par. (b) obtained to satisfy requirements of this chapter shall be reported as required under subs. (1) and (2).

NR 809.80(4)(d) (d) The department may approve submission of compliance data required under this chapter in alternate formats on a case-by-case basis if the alternate format does not create a delay in determining compliance with any requirement in this chapter or have the potential for delaying response to a public health threat.

NR 809.80(5) (5) Public notice reporting. The water supplier, within 10 days of completion of each public notification required under subch. VII, shall submit to the department a certification that it has fully complied with the public notification regulations. The water supplier shall include with this certification a representative copy of each type of notice distributed, published, posted, or made available to the persons served by the public water system or to the media, or both.

NR 809.80(6) (6) Monthly operating reports — without filtration. A water supplier for a public water system that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment shall report monthly to the department the information specified in this subsection.

NR 809.80(6)(a) (a) Source water quality information shall be reported to the department within 10 days after the end of each month the public water system serves water to the public. Information that shall be reported includes:

NR 809.80(6)(a)1. 1. The cumulative number of months for which results are reported.

NR 809.80(6)(a)2. 2. The number of fecal or total coliform samples, whichever are analyzed during the month, or if the water supplier monitors for both, only the number of fecal coliform samples, the dates of sample collection, and the dates when the turbidity level exceeded 1 NTU.

NR 809.80(6)(a)3. 3. The number of samples during the month that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed.

NR 809.80(6)(a)4. 4. The cumulative number of fecal or total coliform samples, whichever are analyzed, during the previous 6 months the public water system served water to the public.

NR 809.80(6)(a)5. 5. The cumulative number of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed, during the previous 6 months the public water system served water to the public.

NR 809.80(6)(a)6. 6. The percentage of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed, during the previous 6 months the public water system served water to the public.

NR 809.80(6)(a)7. 7. The maximum turbidity level measured during the month, the dates of occurrence for any measurements which exceeded 5 NTU, and the dates the occurrences were reported to the department.

NR 809.80(6)(a)8. 8. For the first 12 months of record keeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after one year of record keeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 12 months the public water system served water to the public.

NR 809.80(6)(a)9. 9. For the first 120 months of record keeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after 10 years of record keeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 120 months the public water system served water to the public.

NR 809.80(6)(b) (b) Disinfection information specified in s. NR 810.38 (1) shall be reported to the department within 10 days after the end of each month the public water system serves water to the public. Information that shall be reported includes:

NR 809.80(6)(b)1. 1. For each day, the lowest measurement of residual disinfectant concentration in mg/l in water entering the distribution system.

NR 809.80(6)(b)2. 2. The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 mg/l and when the department was notified of the occurrence.

NR 809.80(6)(b)3. 3. The daily residual disinfectant concentrations (in mg/l) and disinfectant contact times (in minutes) used for calculating the CT values.

NR 809.80(6)(b)4. 4. If chlorine is used, the daily measurements of pH of disinfected water following each point of chlorine disinfection.

NR 809.80(6)(b)5. 5. The daily measurements of water temperature in ºC following each point of disinfection.

NR 809.80(6)(b)6. 6. The daily CTcalc and CTcalc/CT99.9 values for each disinfectant measurement or sequence and the sum of all CTcalc/CT 99.9 values (S(CTcalc/ CT99.9)) before or at the first customer.

NR 809.80(6)(b)7. 7. The daily determination of whether disinfection achieves adequate Giardia lamblia cyst and virus inactivation, i.e., whether (CTcalc/ CT99.9) is at least 1.0, or where disinfectants other than chlorine are used, other indicator conditions that the department determines are appropriate, are met.

NR 809.80(6)(b)8. 8. The following information on the samples taken in the distribution system in conjunction with total coliform monitoring pursuant to s. NR 810.31:

NR 809.80(6)(b)8.a. a. Number of instances where the residual disinfectant concentration is measured;

NR 809.80(6)(b)8.b. b. Number of instances where the residual disinfectant concentration is not measured but heterotrophic bacteria plate count (HPC) is measured;

NR 809.80(6)(b)8.c. c. Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

NR 809.80(6)(b)8.d. d. Number of instances where no residual disinfectant concentration is detected and where HPC is > 500/ml;

NR 809.80(6)(b)8.e. e. Number of instances where the residual disinfectant concentration is not measured and HPC is > 500/ml;

NR 809.80(6)(b)8.f. f. For the current and previous month the public water system serves water to the public, the value of “V” in the following formula:

V = c + d + e/a + b x 100

where:

a = the value in this subd. 8. a.

b = the value in this subd. 8. b.

c = the value in this subd. 8. c.

d = the value in this subd. 8. d.

e = the value in this subd. 8. e.

NR 809.80(6)(b)8.g. g. If the department determines, based on site specific considerations, that a water supplier has no means for having a sample transported and analyzed for HPC by a certified laboratory within the requisite time and temperature conditions specified by s. NR 810.38 and that the public water system is providing adequate disinfection in the distribution system, the requirements of this subd. 8. a. to f. do not apply.

NR 809.80(6)(b)9. 9. A water supplier need not report the data listed in subds. 1. and 3. to 6. if all data listed in par. (b) remain on file at the public water system and department determines that:

NR 809.80(6)(b)9.a. a. The water supplier has submitted to the department all the information required by subds. 1. to 8. for at least 12 months; and

NR 809.80(6)(b)9.b. b. The department has determined that the public water system is not required to provide filtration treatment.

NR 809.80(6)(c) (c) No later than 10 days after September 30, the end of each federal fiscal year, each water supplier shall provide to the department a report which summarizes the public water system’s compliance with all wellhead protection program requirements specified in s. NR 810.30 (2) (b).

NR 809.80(6)(d) (d) No later than 10 days after September 30, the end of each federal fiscal year, each water supplier shall provide to the department a report of the on-site inspection conducted during that year pursuant to s. NR 810.32 (2) (c), unless the on-site inspection was conducted by the department. If the inspection was conducted by the department, the department shall provide a copy of its report to the public water system.

NR 809.80(6)(e) (e)

NR 809.80(6)(e)1. 1. Each water supplier, upon discovering that a waterborne disease outbreak potentially attributable to their public water system has occurred, shall report that occurrence to the department as soon as possible, but no later than by the end of the next business day.

NR 809.80(6)(e)2. 2. If at any time the turbidity exceeds 5 NTU, the water supplier shall consult with the department as soon as possible, but no later than 24 hours after the exceedance is known, in accordance with the public notification requirements under s. NR 809.952 (2) (c).

NR 809.80(6)(e)3. 3. If at any time the disinfectant residual falls below 0.2 mg/l in the water entering the distribution system, the water supplier shall notify the department as soon as possible, but no later than by the end of the next business day. The water supplier also shall notify the department by the end of the next business day whether or not the residual was restored to at least 0.2 mg/l within 4 hours.

NR 809.80(7) (7) Monthly operating reports — with filtration. A water supplier for a public water system that uses a surface water source or a groundwater source under the direct influence of surface water and provides filtration treatment shall report monthly to the department the information specified in this subsection.