NR 809.833(7)(h)(h) Water suppliers required to conduct Level 2 assessments resulting from an E. coli MCL violation. Any water supplier required to conduct a Level 2 assessment resulting from an E. coli MCL violation must include in the report the text found in subds. 1. and 2., filling in the blanks accordingly, if appropriate. Any system that has failed to complete the required assessment or correct all identified sanitary defects is in violation of the treatment technique requirement and must also include the statements in subds. 3. and 4., as appropriate. NR 809.833(7)(h)1.1. E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that were found during these assessments. NR 809.833(7)(h)2.2. We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions. NR 809.833(7)(h)4.4. We failed to correct all sanitary defects that were identified during the assessment that we conducted. NR 809.833(7)(i)(i) Water suppliers detecting E. coli and violating the E. coli MCL. If a water supplier detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in sub. (3) (c), the water supplier must include one or more of the statements in subds.1. to 4. to describe any noncompliance, as applicable: NR 809.833(7)(i)1.1. We had an E. coli-positive repeat sample following a total coliform-positive routine sample. NR 809.833(7)(i)2.2. We had a total coliform-positive repeat sample following an E. coli-positive routine sample. NR 809.833(7)(i)3.3. We failed to take all required repeat samples following an E. coli-positive routine sample. NR 809.833(7)(i)4.4. We failed to test for E. coli when any repeat sample tests positive for total coliform. NR 809.833 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (d) and (f) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: cr. (2) (d), am. (3) (c) 4. (intro.), b., r. and recr. (3) (c) 7., r. (3) (c) 8., renum. (3) (c) 9. to (c) 8., am. (7) (f) 1., 2. d., cr. (7) (g) to (i) Register March 2016 No. 723, eff. 4-1-16; correction in (7) (i) (intro.) made under s. 35.17, Stats., Register March 2016 No. 723; correction in (2) (b), (6) (intro.), made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756. NR 809.835NR 809.835 Required additional health information for consumer confidence reports. NR 809.835(1)(1) Additional health information for vulnerable populations. All reports shall prominently display the following language: “Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the environmental protection agency’s safe drinking water hotline at 800-426-4791.” NR 809.835(2)(2) Additional arsenic information. Beginning July 1, 2002 a water supplier for a public water system that detects arsenic above 0.005 mg/L and up to and including 0.01 mg/L: NR 809.835(2)(a)(a) Shall include in the report a short information statement about arsenic, using language such as: While your drinking water meets EPA’s standard for arsenic, it does contain low levels of arsenic. EPA’s standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems. NR 809.835(2)(b)(b) May write their own educational statement, but only in consultation with the department. NR 809.835(2m)(2m) Additional nitrate information. A system which detects nitrate at levels above 5 mg/L, but below the MCL: NR 809.835(2m)(a)(a) Shall include a short informational statement about the effects of nitrate on children using language such as: “Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider. Females who are or may become pregnant should not consume water with nitrate concentrations that exceed 10 ppm. There is some evidence of an association between exposure to high nitrate levels in drinking water during the first weeks of pregnancy and certain birth defects.” NR 809.835(2m)(b)(b) May write its own educational material, but only in consultation with the department. NR 809.835(3)(3) Additional lead information. Every report shall include the following lead-specific information: NR 809.835(3)(a)(a) A short informational statement about lead in drinking water and its effects on children. The statement must include the following information: “If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [NAME OF UTILITY] is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.” NR 809.835(3)(b)(b) A system may write its own educational statement, but only in consultation with the department. NR 809.835 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: cr. (2m), r. and recr. (3) Register March 2016 No. 723, eff. 4-1-16. NR 809.837NR 809.837 Consumer confidence report delivery and recordkeeping. NR 809.837(1)(1) General delivery requirements. Except as provided in sub. (7), water suppliers for each community water system shall mail or otherwise directly deliver one copy of the report to each customer. Electronic delivery of the report is allowed if the water supplier of a community water system uses paper or electronic communication containing uniform resource locator (URL) information providing a direct link to the report and if the communication prominently displays the URL and a notice explaining the nature of the link. The electronic link shall take the customer to the entire report without directing the customer to another internet page. NR 809.837(2)(2) Delivery to consumers that are not billed. The water supplier shall make a good faith effort to reach consumers who do not get water bills, using means recommended by the department. EPA expects that an adequate good faith effort will be tailored to the consumers who are served by the public water system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular public water system such as: Posting the reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the report in the news media; publication in a local newspaper; posting in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; delivery to community organizations. NR 809.837(3)(3) Delivery to the department. No later than the date the public water system is required to distribute the report to its customers, the water supplier for each community water system shall also mail a copy of the report to the department, along with a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the department. NR 809.837(4)(4) Delivery to other agencies. No later than the date the public water system is required to distribute the report to its customers, the water supplier for each community water system shall deliver the report to any other agency or clearinghouse identified by the department. NR 809.837(5)(5) Report availability. The water supplier for each community water system shall make its reports available to the public upon request. NR 809.837(6)(6) Internet posting. The water supplier for each community water system serving 100,000 or more persons shall post its current year’s report to a publicly accessible site on the Internet. NR 809.837(7)(7) Governor’s waiver of report delivery. The Governor of Wisconsin or the governor’s designee may waive the requirement of sub. (1) for community water systems serving fewer than 10,000 persons. NR 809.837(7)(a)(a) The water supplier for a public water system that has received a waiver under this subsection shall do all of the following: NR 809.837(7)(a)1.1. Publish the reports in one or more local newspapers serving the area in which the public water system is located. NR 809.837(7)(a)2.2. Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the department. NR 809.837(7)(b)(b) The water supplier for a public water system serving 500 or fewer persons that has received a waiver under this subsection may forego the requirements of par. (a) 1. and 2. if they provide notice at least once per year to their customers by mail, door-to-door delivery or by posting in an appropriate location that the report is available upon request. NR 809.837(8)(8) Retention of reports. Any public water systems subject to this subchapter shall retain copies of its consumer confidence report for no less than 3 years. NR 809.837 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1), (3), Appendix A to Subchapter V Register March 2016 No. 723, eff. 4-1-16; CR 21-088: am. Appendix A to Subchapter V Register July 2022 No. 799, eff. 8-1-22. Key:
AL = Action Level
MCL = Maximum Contaminant Level
MCLG = Maximum Contaminant Level Goal
MFL = million fibers per liter
MRDL = Maximum Residual Disinfectant Level
MRDLG = Maximum Residual Disinfectant Level Goal
mrem/year = millirems per year (a measure of radiation
absorbed by the body)
N/A = Not Applicable
NTU = Nephelometric Turbidity Units (a measure of water clarity)
pCi/l = picocuries per liter (a measure of radioactivity)
ppm = parts per million, or milligrams per liter (mg/l)
ppb = parts per billion, or micrograms per liter (g/l)
ppt = parts per trillion, or nanograms per liter
ppq = parts per quadrillion, or picograms per liter
TT = Treatment Technique
NR 809.90(1)(1) General application requirements. A water supplier for a public water system may apply to the department for a conditional waiver for nonmicrobial contaminants respecting compliance with a maximum contaminant level or treatment technique requirement for a period up to 3 years if all of the following apply: NR 809.90(1)(a)1.1. Because of the characteristics of the raw water sources which are reasonably available, the public water system cannot comply with a maximum contaminant level despite application of best technology, treatment techniques or other means generally available, taking costs into consideration. NR 809.90(1)(a)2.2. Compelling factors, which may include economic factors, indicate that the public water system cannot comply with a maximum contaminant level or treatment technique requirement for a limited period of time. NR 809.90(1)(b)(b) The public water system was in operation on the effective date of the maximum contaminant level or treatment technique requirement. NR 809.90(1)(c)(c) Granting of a conditional waiver will not result in an unreasonable risk to public health. NR 809.90(1)(d)(d) The public water system shall have entered into a consent order agreement with the department regarding the conditional waiver. NR 809.90(2)(2) Small system application requirements. Water suppliers for small systems serving less than 3,300 persons, may apply for a conditional waiver for nonmicrobial contaminants only when all of the following conditions are met: NR 809.90(2)(a)(a) The contaminant or treatment technique to be waived has a maximum contaminant level or treatment technique requirement established in national primary drinking water regulations promulgated on or after January 1, 1986. NR 809.90(2)(b)(b) The technology used to comply with the maximum contaminant level or treatment technique is approved by the department. NR 809.90(2)(c)(c) Compliance with maximum contaminant levels or treatment techniques is not reasonably affordable through restructuring or consolidation changes, including ownership change or physical consolidation or both with another public water system, or obtaining financial assistance through the Wisconsin drinking water state revolving loan fund (DWSRF). NR 809.90(2)(d)(d) The small system is financially and technically capable of installing, operating and maintaining the applicable small system technology under par. (b). NR 809.90(2)(e)(e) Granting of a conditional waiver will not result in an unreasonable risk to public health. NR 809.90(2)(f)(f) The public water system shall have entered into a signed consent order agreement with the department regarding the conditional waiver. NR 809.90(3)(3) General waiver requirements. The department may grant a conditional waiver if the water supplier has established that the criteria of sub. (1) or (2) have been met. Any conditional waiver granted shall require all of the following: NR 809.90(3)(a)(a) Compliance, including increments of progress, by the water supplier with each maximum contaminant level or treatment technique requirement within the time frame specified by the department in the compliance schedule. NR 809.90(3)(b)(b) Implementation by the water supplier of control measures the department deems necessary until compliance with the maximum contaminant level or treatment technique requirement is achieved. NR 809.90(4)(4) Bottled water use as a requirement of a waiver. Public water systems that use bottled water as a requirement for receiving a conditional waiver shall meet all of the following requirements: NR 809.90(4)(a)(a) The department shall require and approve a monitoring program for bottled water. The water supplier shall develop and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs. The water supplier shall monitor a representative sample of the bottled water for all contaminants regulated under ss. NR 809.24 (1) and (2) and 809.11 during the first 3-month period that it supplies the bottled water to the public, and annually thereafter. Results of the monitoring program shall be provided to the department annually. NR 809.90(4)(b)(b) The water supplier shall receive a certification from the bottled water company that the bottled water supplied meets all requirements of s. 97.34, Stats., and s. ATCP 70.26. The water supplier shall provide the certification to the department the first quarter after it supplies bottled water and annually thereafter. NR 809.90(4)(c)(c) The water supplier shall be fully responsible for the provision of sufficient quantities of bottled water to every person supplied by the public water system via door-to-door bottled water delivery. NR 809.90(5)(5) Point of entry treatment as a requirement of a waiver. If the department approves the use of a point-of-entry device as a requisite for granting a conditional waiver, the water supplier shall provide documentation that the device will not cause increased corrosion of plumbing materials which could increase contaminant levels at the consumer’s tap. NR 809.90(6)(6) Additional waiver requirements. Additional requirements for conditional waivers shall include all of the following: NR 809.90(6)(a)(a) Proof of proper and effective installation, operation and maintenance of any applicable treatment technologies. NR 809.90(6)(b)(b) Department specified monitoring requirements for the contaminant for which the conditional waiver is sought. NR 809.90(6)(c)(c) Other terms or conditions specified by the department to ensure adequate public health protection, including but not limited to all of the following: NR 809.90(6)(c)3.3. Quarterly conditional waiver compliance reports to the department. NR 809.90(7)(7) Public notice of waivers. Before the department may grant a conditional waiver under this section, a class 1 public notice under ch. 985, Stats., and opportunity for a public hearing on the proposed conditional waiver shall be provided by the department. A hearing held pursuant to a request under this subsection is a class 1 hearing and shall be conducted in accordance with ch. 227, Stats. NR 809.90(8)(8) Extension of waivers. The department may extend a compliance deadline not to exceed 3 years, or 2 years for a small system conditional waiver under sub. (2), beyond the expiration date of the original conditional waiver if the water supplier establishes all of the following: NR 809.90(8)(a)(a) The public water system cannot meet the maximum contaminant level or treatment technique requirement without capital improvements which cannot be completed within the period of the conditional waiver. NR 809.90(8)(b)(b) The water supplier has entered into an enforceable agreement to become part of a regional public water system or, if the water supplier needs financial assistance for the necessary capital improvements, the water supplier has entered into an agreement to obtain the financial assistance.
