Chapter NR 809

NR 809.950 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.951 NR 809.951 Tier 1 public notice — form, manner, and frequency of notice.

NR 809.951(1) (1) Violations or situations which require a tier 1 public notice.

NR 809.951(1)(a) (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 1 public notice.

NR 809.951(1)(b) (b) Violation categories and other situations requiring a Tier 1 public notice include all of the following:

NR 809.951(1)(b)1. 1. Violation of the MCL for E. coli, as specified in s. NR 809.30.

NR 809.951(1)(b)2. 2. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in s. NR 809.11, or when the water supplier for the public water system fails to take a confirmation sample within 24 hours of the water supplier’s receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in s. NR 809.115 (6) (b).

NR 809.951(1)(b)3. 3. Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the department under s. NR 809.11 (3), as required under s. NR 809.958.

NR 809.951(1)(b)4. 4. Violation of the MRDL for chlorine dioxide, as defined in s. NR 809.561 (2), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier for the public water system does not take the required samples in the distribution system, as specified in s. NR 809.566 (3) (b) 1.

NR 809.951(1)(b)5. 5. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1), where the department determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the public water system learns of the violation.

NR 809.951(1)(b)6. 6. Violation of the surface water treatment rule (SWTR) or interim enhanced surface water treatment rule (IESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit as identified in Appendix A, if the department determines after consultation that a Tier 1 notice is required or if consultation does not take place within 24 hours after the water supplier for the public water supply learns of the violation.

NR 809.951(1)(b)7. 7. Occurrence of a waterborne disease outbreak, as defined in s. NR 809.04 (90), or other waterborne emergency, such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

NR 809.951(1)(b)8. 8. Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the department either in its regulations or on a case-by-case basis.

NR 809.951(1)(b)9. 9. Detection of E. coli, enterococci, or coliphage in source water samples as specified under s. NR 809.325 (2).

NR 809.951(2) (2) Timing of a tier 1 public notice and additional steps. Water suppliers public water systems shall do all of the following if Tier 1 public notice is required:

NR 809.951(2)(a) (a) Provide a public notice as soon as practical but no later than 24 hours after the water supplier learns of the violation.

NR 809.951(2)(b) (b) Initiate consultation with the department as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements.

NR 809.951(2)(c) (c) Comply with any additional public notification requirements, including any repeat notices or direction on the duration of the posted notices, that are established as a result of the consultation with the department. Requirements may include the timing, form, manner, frequency, and content of repeat notices, if any, and other actions designed to reach all persons served.

NR 809.951(3) (3) Form and manner of the public notice. Water suppliers for public water systems shall provide the Tier 1 public notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the water supplier shall be designed to fit the specific situation, and to reach residential, transient and non-transient users of the public water system. To reach all persons served, water supplier shall use, at a minimum, one or more of the following forms of delivery:

NR 809.951(3)(a) (a) Appropriate broadcast media, such as radio and television.

NR 809.951(3)(b) (b) Posting of the notice in conspicuous locations throughout the area served by the public water system.

NR 809.951(3)(c) (c) Hand delivery of the notice to persons served by the public water system.

NR 809.951(3)(d) (d) Another delivery method approved in writing by the department.

NR 809.951 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (1) (b) 1. Register March 2016 No. 723, eff. 4-1-16.

NR 809.952 NR 809.952 Tier 2 public notice--form, manner, and frequency of notice.

NR 809.952(1) (1) Violations or situations which require a tier 2 public notice.

NR 809.952(1)(a) (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 2 public notice.

NR 809.952(1)(b) (b) Violation categories and other situations requiring a Tier 2 public notice include all of the following:

NR 809.952(1)(b)1. 1. All violations of the MCL, MRDL, and treatment technique requirements, except if a Tier 1 notice is required under s. NR 809.951 (1) or if the department determines that a Tier 1 notice is required.

NR 809.952(1)(b)2. 2. Violations of the monitoring and testing procedure requirements, if the department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

NR 809.952(1)(b)3. 3. Failure to comply with the terms and conditions of any variance or exemption in place.

NR 809.952(2) (2) Timing of a tier 2 public notice.

NR 809.952(2)(a) (a) Water suppliers for public water systems shall provide the Tier 2 public notice as soon as practical, but no later than 30 days after the public water system learns of the violation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The department may, in appropriate circumstances, allow additional time for the initial notice of up to 3 months from the date the public water system learns of the violation. The department may not grant an extension to the 30-day deadline for any unresolved violation nor allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the department shall be in writing.

NR 809.952(2)(b) (b) For MCL or treatment technique violations, the water supplier shall repeat the notice every 3 months as long as the violation or situation persists. For violations other than MCL or treatment technique violations the water supplier shall repeat the notice every 3 months as long as the violation or situation persists, unless the department determines that appropriate circumstances warrant a different notice frequency, but in no circumstance may the repeat notice be given less frequently than once per year. The department may not allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. Department determinations allowing repeat notices to be given less frequently than once every 3 months shall be in writing.

NR 809.952(2)(c) (c) For turbidity violations specified in this paragraph, water supplier shall consult with the department as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under s. NR 809.951 (1) is required to protect public health. When consultation does not take place within the 24-hour period, the water supplier shall distribute a Tier 1 notice of the violation, no later than 48 hours after the public water system learns of the violation, following the requirements under s. NR 809.951 (2) and (3). Consultation with the department is required for any of the following:

NR 809.952(2)(c)1. 1. Violation of the turbidity treatment technique MCL under s. NR 810.29 (1).

NR 809.952(2)(c)2. 2. Violation of the surface water treatment rule or interim enhanced surface water treatment rule treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

NR 809.952(3) (3) Form and manner of the tier 2 public notice. Water suppliers shall provide the initial Tier 2 public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of public water system, but it shall at a minimum meet all of the following requirements:

NR 809.952(3)(a) (a) Community water systems. Unless directed otherwise by the department in writing, water suppliers for community water systems shall provide notice by both of the following:

NR 809.952(3)(a)1. 1. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.

NR 809.952(3)(a)2. 2. Any other method reasonably calculated to reach other persons regularly served by the public water system, if they would not normally be reached by the notice required in subd. 1. Persons may include those who do not pay water bills or do not have service connection addresses, such as house renters, apartment dwellers, university students, nursing home patients and prison inmates. Other methods may include publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers; posting in public places served by the public water system or on the internet; or delivery to community organizations.

NR 809.952(3)(b) (b) Non-community water systems. Unless directed otherwise by the department in writing, water supplier for non-community water systems shall provide notice by all of the following:

NR 809.952(3)(b)1. 1. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the public water system, or by mail or direct delivery to each customer and service connection, if known.

NR 809.952(3)(b)2. 2. Any other method reasonably calculated to reach other persons served by the public water system if they would not normally be reached by the notice required in subd. 1. Other methods may include publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations, such as community centers.

NR 809.952 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (2) (b) Register March 2016 No. 723, eff. 4-1-16.

NR 809.953 NR 809.953 Tier 3 public notice--form, manner, and frequency of notice.

NR 809.953(1) (1) Violations or situations which require a tier 3 public notice.

NR 809.953(1)(a) (a) Appendix A identifies the tier assignment for each specific violation or situation requiring a Tier 3 public notice.

NR 809.953(1)(b) (b) Violation categories and other situations requiring a Tier 3 public notice include all of the following:

NR 809.953(1)(b)1. 1. Monitoring violations under this chapter, except if a Tier 1 notice is required under s. NR 809.951 (1) or if the department determines that a Tier 2 notice is required

NR 809.953(1)(b)2. 2. Failure to comply with a testing procedure established in this chapter, except if a Tier 1 notice is required under s. NR 809.951 (1) or if the department determines that a Tier 2 notice is required.

NR 809.953(1)(b)3. 3. Operation under a conditional waiver or variance, or both, under subch. VI.

NR 809.953(1)(b)4. 4. Availability of unregulated contaminant monitoring results, as required under s. NR 809.956.

NR 809.953(1)(b)5. 5. Exceedance of the fluoride secondary maximum contaminant level, as required under s. NR 809.957.

NR 809.953(1)(b)6. 6. Reporting and recordkeeping violations under this chapter.

NR 809.953(2) (2) Timing of a tier 3 public notice.

NR 809.953(2)(a) (a) Water suppliers for public water systems shall provide Tier 3 public notice not later than one year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the water supplier shall repeat the Tier 3 public notice annually for as long as the violation, variance, exemption or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption or other situation persists, but in no case less than 7 days, even if the violation or situation is resolved.

NR 809.953(2)(b) (b) Instead of individual Tier 3 public notices, a water supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of par. (a) are met.

NR 809.953(3) (3) Form and manner of the tier 3 public notice. Water suppliers for public water systems shall provide the initial Tier 3 public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of public water system, but it shall at a minimum meet all of the following requirements:

NR 809.953(3)(a) (a) Community water systems. Unless directed otherwise by the department in writing, water suppliers for community water systems shall provide notice by both of the following:

NR 809.953(3)(a)1. 1. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.

NR 809.953(3)(a)2. 2. Any other method reasonably calculated to reach other persons regularly served by the public water system, if they would not normally be reached by the notice required in subd. 1. Persons may include those who do not pay water bills or do not have service connection addresses, including, house renters, apartment dwellers, university students, nursing home patients, and prison inmates. Other methods may include publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others, such as apartment building owners or large private employers; posting in public places or on the internet; or delivery to community organizations.

NR 809.953(3)(b) (b) Non-community water systems. Unless directed otherwise by the department in writing, water suppliers for non-community water systems shall provide notice by all of the following:

NR 809.953(3)(b)1. 1. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the public water system, or by mail or direct delivery to each customer and service connection, if known.

NR 809.953(3)(b)2. 2. Any other method reasonably calculated to reach other persons served by the public water system, if they would not normally be reached by the notice required in subd. 1. Other methods may include publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or delivery of multiple copies in central locations, such as community centers.

NR 809.953(4) (4) Use of consumer confidence reports. For community water systems, the consumer confidence report required under this subchapter may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as all of the following occur:

NR 809.953(4)(a) (a) The consumer confidence report is provided to persons served no later than 12 months after the water supplier learns of the violation or situation as required under sub. (2).

NR 809.953(4)(b) (b) The Tier 3 notice contained in the consumer confidence report follows the content requirements under s. NR 809.954.

NR 809.953(4)(c) (c) The consumer confidence report is distributed according to the delivery requirements under sub. (3).

NR 809.953 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (b) 1., 2., cr. (1) (b) 6. Register March 2016 No. 723, eff. 4-1-16; correction in (1) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.

NR 809.954 NR 809.954 Public notice content.

NR 809.954(1) (1) Public notice elements for violations of national primary drinking water regulations (npdwr) or other situations requiring a public notice. When a public water system violates a national primary drinking water regulation or has a situation requiring public notification, each public notice shall include all of the following elements:

NR 809.954(1)(a) (a) A description of the violation or situation, including the contaminants of concern, and, as applicable, the contaminant levels.

NR 809.954(1)(b) (b) When the violation or situation occurred.

NR 809.954(1)(c) (c) Any potential adverse health effects from the violation or situation, including the standard language under sub. (4) (a) or (b), whichever is applicable.

NR 809.954(1)(d) (d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.

NR 809.954(1)(e) (e) Whether alternative water supplies should be used.

NR 809.954(1)(f) (f) What actions consumers should take, including when they should seek medical help, if known.

NR 809.954(1)(g) (g) What the water supplier is doing to correct the violation or situation.

NR 809.954(1)(h) (h) When the water supplier expects the public water system to return to compliance or resolve the situation.

NR 809.954(1)(i) (i) The name, business address and phone number of the water supplier or designee of the public water system as a source of additional information concerning the notice.

NR 809.954(1)(j) (j) A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under sub. (4) (c), if applicable.

NR 809.954(2) (2) Public notice elements for public water systems operating under a variance or exemption.

NR 809.954(2)(a) (a) If a public water system has been granted a variance or an exemption, the public notice shall contain all of the following:

NR 809.954(2)(a)1. 1. An explanation of the reasons for the variance or exemption.

NR 809.954(2)(a)2. 2. The date on which the variance or exemption was issued.

NR 809.954(2)(a)3. 3. A brief status report on the steps the water supplier is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.

NR 809.954(2)(a)4. 4. A notice of any opportunity for public input in the review of the variance or exemption.

NR 809.954(2)(b) (b) If a public water system violates the conditions of a variance or exemption, the public notice shall contain all of the elements in sub. (1).