Chapter NR 809

NR 809.80(7)(b)3.c. c. Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

NR 809.80(7)(b)3.d. d. Number of instances where no residual disinfectant concentration is detected and where HPC is > 500/ml;

NR 809.80(7)(b)3.e. e. Number of instances where the residual disinfectant concentration is not measured and HPC is > 500/ml;

NR 809.80(7)(b)3.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. 3. a.

b = the value in this subd. 3. b.

c = the value in this subd. 3. c.

d = the value in this subd. 3. d.

e = the value in this subd. 3. e.

NR 809.80(7)(b)3.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. 3. a. to f. do not apply.

NR 809.80(7)(b)4. 4. A water supplier need not report the data listed in subd. 1. if all data listed in this paragraph remains on file at the public water system and the department determines that the water supplier has submitted all the information required by this paragraph for at least 12 months.

NR 809.80(7)(c) (c)

NR 809.80(7)(c)1. 1. If during any 4 hour monitoring period the turbidity exceeds 0.3 NTU or at any time during the month, turbidity measurements indicate the 95th percentile turbidity level of 0.5 NTU will be exceeded for that month, the water supplier shall inform the department as soon as possible, but no later than the end of the next business day.

NR 809.80(7)(c)2. 2. 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 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(8) (8) Records retention and reporting. Public water systems shall maintain the results of individual filter monitoring taken under s. NR 810.38 (2) for at least 3 years. Water suppliers shall report that they have conducted individual filter turbidity monitoring under s. NR 810.38 (2) (b) within 10 days after the end of each month the public water system serves water to the public. Water suppliers shall report individual filter turbidity measurement results taken under s. NR 810.38 (2) within 10 days after the end of each month the public water system serves water to the public only if measurements demonstrate one or more of the conditions in pars. (a) to (d). Water suppliers for public water systems that use lime softening may apply to the department for alternative exceedance levels for the levels specified in pars. (a) to (d) if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

NR 809.80(8)(a) (a) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in 2 consecutive measurements taken 15 minutes apart, the water supplier shall report the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the water supplier shall either produce a filter profile for the filter within 7 days of the exceedance, if the water supplier is not able to identify an obvious reason for the abnormal filter performance, and report that the profile has been produced or report the obvious reason for the exceedance.

NR 809.80(8)(b) (b) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in 2 consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the water supplier shall report the filter number, the turbidity, and the dates on which the exceedance occurred. In addition, the water supplier shall either produce a filter profile for the filter within 7 days of the exceedance, if the water supplier not able to identify an obvious reason for the abnormal filter performance, and report that the profile has been produced or report the obvious reason for the exceedance.

NR 809.80(8)(c) (c) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in 2 consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months, the water supplier shall report the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the water supplier shall conduct a self-assessment of the filter within 14 days of the exceedance and report that the self-assessment was conducted. The self-assessment shall consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.

NR 809.80(8)(d) (d) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in 2 consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months, the water supplier shall report the filter number, the turbidity measurement, and the dates on which the exceedance occurred. In addition, the water supplier shall arrange for the conduct of a comprehensive performance evaluation by the department or a third party approved by the department no later than 30 days following the exceedance and have the evaluation completed and submitted to the department no later than 90 days following the exceedance.

NR 809.80(8)(e) (e) The following turbidity exceedances shall be reported as follows:

NR 809.80(8)(e)1. 1. If at any time the turbidity exceeds 1 NTU on representative samples of filtered water in a public water system using conventional filtration treatment or direct filtration, the water supplier system shall inform the department as soon as possible, but no later than the end of the next business day.

NR 809.80(8)(e)2. 2. If at any time the turbidity in representative samples of filtered water exceeds the maximum level set by the department under s. NR 810.29 (5) for filtration technologies other than conventional filtration treatment, direct filtration, slow sand filtration or diatomaceous earth filtration, the water supplier shall inform the department as soon as possible, but no later than the end of the next business day.

NR 809.80(9) (9) Waterborne disease reporting. Each water supplier, upon discovering that a waterborne disease outbreak potentially attributable to the water supplier’s 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(9m) (9m) Seasonal system start-up procedure reporting. Before serving water to the public, the water supplier for a seasonal public water system must certify to the department that it has complied with the department-approved start-up procedure.

NR 809.80(10) (10) Additional record reporting. Upon the request of the department, the water supplier shall submit to the department copies of any records required to be maintained under s. NR 809.82 or copies of any documents then in existence which the department is entitled to inspect under the authority of s. 281.97, Stats.

NR 809.80(11) (11) Reporting format. The department may specify the format for reporting analytical results required under this chapter.

NR 809.80 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; CR 15-049: am. (7) (c) 1., cr. (9m) Register March 2016 No. 723, eff. 4-1-16.

NR 809.82 NR 809.82 Record maintenance. Any water supplier of a public water system subject to the provisions of this chapter shall retain on the premises or at a convenient location near the premises the following records:

NR 809.82(1) (1) Analytical result records. Records of microbiological analyses and turbidity analyses made pursuant to chs. NR 810 and 811 and this chapter shall be kept for not less than 5 years. Records of chemical analyses made pursuant to chs. NR 810 and 811 and this chapter shall be kept for not less than 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that all of the following information is included:

NR 809.82(1)(a) (a) The date, place, and time of sampling, and the name of the person who collected the sample.

NR 809.82(1)(b) (b) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample.

NR 809.82(1)(c) (c) Date of analysis.

NR 809.82(1)(d) (d) Laboratory and person responsible for performing analysis.

NR 809.82(1)(e) (e) The analytical technique/method used.

NR 809.82(1)(f) (f) The results of the analysis.

NR 809.82(2) (2) Violation correction records. Records of action taken by the water supplier to correct violations of this chapter shall be kept for a period of not less than 3 years after the last action taken with respect to the particular violation involved.

NR 809.82(3) (3) Sanitary survey records. Copies of any written reports, summaries or communications relating to sanitary surveys of the public water system conducted by the water supplier, by a private consultant, or by any local, state or federal agency, shall be kept for a period of not less than 10 years after completion of the sanitary survey involved.

NR 809.82(4) (4) Conditional waiver or variance records. Records concerning a conditional waiver or variance granted to the public water system shall be kept for a period of not less than 5 years following the expiration of the conditional waiver or variance.

NR 809.82(5) (5) Lead and copper control records. The water supplier for any public water system subject to the requirements of subch. II shall retain on the premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, department determinations, and any other information required by ss. NR 809.542 to 809.549. Each water supplier shall retain the records for no less than 12 years.

NR 809.82(6) (6) Public notice records. The department shall keep copies of public notices issued pursuant to subch. VII and certifications made to the department pursuant to s. NR 809.80 for 3 years after issuance.

NR 809.82(7) (7) Monitoring plan records. Copies of monitoring plans developed pursuant to this chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under sub. (1), except as specified elsewhere in this chapter.

NR 809.82(8) (8) Assessment forms. The water supplier shall maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under s. NR 809.313. The water supplier shall maintain the records for department review for a period not less than 5 years after completion of the assessment or corrective action.

NR 809.82(9) (9) Repeat sample extensions. The water supplier shall maintain a record of any repeat sample taken that meets department criteria for an extension of the 24-hour period for collecting repeat samples as provided under s. NR 809.31 (2).

NR 809.82 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: cr. (8), (9) Register March 2016 No. 723, eff. 4-1-16.

NR 809.83 NR 809.83 Consumer confidence report applicability and deadlines.

NR 809.83(1) (1) Purpose and applicability. Water supplier for community water systems shall deliver to their customers an annual report containing information on the quality of the water and the characterization of risks, if any, from exposure to contaminants detected in the drinking water delivered by their public water system. The report shall be written in an accurate and understandable manner.

NR 809.83(1)(a) (a) Customers under this paragraph are defined as billing units or service connections to which water is delivered by a community water system.

NR 809.83(1)(b) (b) Detected under this paragraph refers to all contaminants identified at or above the detection limits specified in subch. I and reported by a safe drinking water certified laboratory.

NR 809.83(2) (2) Deadlines.

NR 809.83(2)(a) (a) Each existing community water system shall deliver its report by July 1 annually. Reports shall contain data collected during, or prior to, the previous calendar year.

NR 809.83(2)(b) (b) A new community water system shall deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

NR 809.83(2)(c) (c) A community water system that sells water to another community water system shall deliver the applicable information required in s. NR 809.833 to the buyer system by one of the following dates:

NR 809.83(2)(c)1. 1. No later than April 1 annually.

NR 809.83(2)(c)2. 2. On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

NR 809.83 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (b) Register March 2016 No. 723, eff. 4-1-16.

NR 809.833 NR 809.833 Content of consumer confidence reports. Water suppliers for each community water system shall provide to their customers an annual report that contains all of the information specified in this section and s. NR 809.835.

NR 809.833(1) (1) Information on the source of the water delivered. Each report shall identify the sources of the water delivered by the community water system by providing information on all of the following:

NR 809.833(1)(a) (a) The type of the water, including, surface water, groundwater.

NR 809.833(1)(b) (b) The commonly used name, if any, and location of the bodies of water.

NR 809.833(1)(c) (c) If a source water assessment has been completed, the report shall notify consumers of the availability of this information and the means to obtain it. In addition, water suppliers are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. If a public water system has received a source water assessment from the department, the report shall include a brief summary of the public water system’s susceptibility to potential sources of contamination, using language provided by the department or written by the water suppliers.

NR 809.833(2) (2) Definitions.

NR 809.833(2)(a) (a) Each report shall include all of the following definitions:

NR 809.833(2)(a)1. 1. Maximum contaminant level goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

NR 809.833(2)(a)2. 2. Maximum contaminant level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

NR 809.833(2)(b) (b) A report for a community water system operating under a variance or an exemption issued under subch. VI shall include the following definition, “Variances and Exemptions: state or EPA permission not to meet an MCL or a treatment technique under certain conditions.”

NR 809.833(2)(c) (c) A report which contains data on contaminants which EPA regulates using any of the following terms shall include the applicable definitions:

NR 809.833(2)(c)1. 1. “Treatment technique: A required process intended to reduce the level of a contaminant in drinking water.”

NR 809.833(2)(c)2. 2. “Action level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a public water system shall follow.”

NR 809.833(2)(c)3. 3. “Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.”

NR 809.833(2)(c)4. 4. “Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.”

NR 809.833(2)(d) (d) A report that contains information regarding a Level 1 or Level 2 Assessment required in s. NR 809.313 shall include the following definitions:

NR 809.833(2)(d)1. 1. “Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine, if possible, why total coliform bacteria have been found in our water system.”

NR 809.833(2)(d)2. 2. “Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine, if possible, why an E. coli MCL violation has occurred or why total coliform bacteria have been found in our water system, or both, on multiple occasions.”

NR 809.833(3) (3) Information on detected contaminants. With the exception of Cryptosporidium, reports shall contain the following information in the specified format, for regulated contaminants subject to a MCL, action level, maximum residual disinfectant level, microbial contaminants, or treatment technique, unregulated contaminants for which monitoring is required under subch. I, and disinfection by-products for which monitoring is required under subch. III:

NR 809.833(3)(a) (a) The data relating to these contaminants shall be displayed in one table or in several adjacent tables. Any additional monitoring results which a water supplier chooses to include in its report shall be displayed separately.

NR 809.833(3)(b) (b) The data shall be derived from data collected to comply with EPA and department monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter except that:

NR 809.833(3)(b)1. 1. If a public water system is allowed to be monitored for regulated contaminants less often than once a year, the tables shall include the date and results of the most recent sampling and the report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than 5 years need be included.

NR 809.833(3)(b)2. 2. Results of monitoring in compliance with requirements issued under 40 CFR Sub. D, part 141.142 and 141.143 under the information collection rule need only be included for 5 years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.

NR 809.833(3)(c) (c) For detected regulated contaminants, listed in Appendix A to this subchapter, the tables shall contain all of the following:

NR 809.833(3)(c)1. 1. The MCL for that contaminant expressed as a number equal to or greater than 1.0, as provided in Appendix A to this subchapter.

NR 809.833(3)(c)2. 2. The MCLG for that contaminant expressed in the same units as the MCL.

NR 809.833(3)(c)3. 3. If there is no MCL for a detected contaminant, the table shall indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report shall include the definitions for treatment technique or action level, or both, as appropriate, specified in this paragraph.

NR 809.833(3)(c)4. 4. For contaminants subject to an MCL, except turbidity and E. coli, the highest contaminant level used to determine compliance with requirements of this chapter and the range of detected levels as follows:

NR 809.833(3)(c)4.a. a. When compliance with the MCL is determined annually or less frequently: the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.

NR 809.833(3)(c)4.b. b. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL. When the MCL for TTHM or HAA5 in s. NR 809.561 (2) is exceeded at a locational running annual average monitoring location, systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL.

NR 809.833(3)(c)4.c. c. When compliance with the MCL is determined on a public water system-wide basis by calculating a running annual average of all samples at all sampling points: the average and range of detection expressed in the same units as the MCL.

NR 809.833 Note Note: When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in Appendix A of this subchapter.