Chapter NR 809

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).

NR 809.954(3) (3) Public notice presentation.

NR 809.954(3)(a) (a) Each public notice required by this subchapter shall meet all of the following requirements:

NR 809.954(3)(a)1. 1. Shall be displayed in a conspicuous way when printed or posted.

NR 809.954(3)(a)2. 2. May not contain overly technical language or very small print.

NR 809.954(3)(a)3. 3. May not be formatted in a way that defeats the purpose of the notice.

NR 809.954(3)(a)4. 4. May not contain language which nullifies the purpose of the notice.

NR 809.954(3)(b) (b) Each public notice required by this subchapter shall comply with multilingual requirements, as follows:

NR 809.954(3)(b)1. 1. For public water systems where 5% or more of the population served consists of non-English speaking consumers, the public notice shall contain information in the appropriate languages regarding the importance of the notice or contain a telephone number or address where persons served may contact the public water system to obtain a translated copy of the notice or to request assistance in the appropriate languages.

NR 809.954(3)(b)2. 2. In cases where the public water system is unable to accurately determine whether non-English speaking consumers constitute 5% of the population served, the department may require that the public notice shall include the same information as in subd. 1., to reach non-English speaking persons served by the public water system.

NR 809.954(4) (4) Public notice standard language. Water suppliers for public water systems shall include the following standard language in their public notice:

NR 809.954(4)(a) (a) Standard health effects language for MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. Water suppliers shall include in each public notice the health effects language specified in Appendix B corresponding to each MCL, MRDL and treatment technique violation listed in Appendix A, and for each violation of a condition of a variance or exemption.

NR 809.954(4)(b) (b) Standard language for monitoring and testing procedure violations. Water suppliers shall include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in Appendix A: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we “did not monitor or test” or “did not complete all monitoring or testing” for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.

NR 809.954(4)(c) (c) Standard language to encourage the distribution of the public notice to all persons served. Water suppliers shall include in their notice the following language, if applicable: Please share this information with all the other people who drink this water, especially those who may not have received this notice directly, for example, people in apartments, nursing homes, schools, and businesses. You can do this by posting this notice in a public place or distributing copies by hand or mail.

NR 809.954 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.955 NR 809.955 Notice to new billing units or new customers.

NR 809.955(1) (1) Community water systems. Water suppliers for community water systems shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

NR 809.955(2) (2) Non-community water systems. Water suppliers for non-community water systems shall continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.

NR 809.955 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.956 NR 809.956 Special notice of the availability of unregulated contaminant monitoring results.

NR 809.956(1) (1) Timing of the special notice. The water supplier for a community water system or non-transient non-community water system required to monitor under 40 CFR 141.40 and s. NR 809.25 shall notify persons served by the public water system of the availability of the results of such sampling no later than 12 months after the monitoring results are known.

NR 809.956(2) (2) Form and manner of the special notice. The form and manner of the public notice shall follow the requirements for a Tier 3 public notice prescribed in s. NR 809.953 (3) and (4) (a) and (c). The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

NR 809.956 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) made under s. 13.92 (4) (b) 7., Register July 2022 No. 799.

NR 809.957 NR 809.957 Special notice for exceedance of the secondary maximum contaminant level for fluoride.

NR 809.957(1) (1) Timing of the special notice. Water suppliers for community water systems that exceed the fluoride secondary maximum contaminant level of 2 mg/l as specified in s. NR 809.70, determined by the last single sample taken in accordance with s. NR 809.113, but that do not exceed the maximum contaminant level (MCL) of 4 mg/l for fluoride, as specified in s. NR 809.11, shall provide the public notice in sub. (3) to persons served. Public notice shall be provided as soon as practical but no later than 12 months from the day the public water system learns of the exceedance. A copy of the notice shall also be sent to all new billing units and new customers at the time service begins and to the state public health officer at the department of health services. The water supplier shall repeat the notice at least annually for as long as the secondary maximum contaminant level is exceeded. If the public notice is posted, the notice shall remain in place for as long as the secondary maximum contaminant level is exceeded, but in no case less than 7 days, even if the exceedance is eliminated. On a case-by-case basis, the department may require an initial notice sooner than 12 months and repeat notices more frequently than annually.

NR 809.957(2) (2) Form and manner of the special notice. The form and manner of the public notice, including repeat notices, shall follow the requirements for a Tier 3 public notice in s. NR 809.953 (3) and (4) (a) and (c).

NR 809.957(3) (3) Special notice standard language. The notice shall contain the following language, including the language necessary to fill in the blanks: This is an alert about your drinking water and a cosmetic dental problem that might affect children under 9 years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth known as dental fluorosis. The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under 9 should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride, the U.S. Environmental Protection Agency’s drinking water standard, can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem. For more information, please call [name of the public water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.

NR 809.957 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659.

NR 809.958 NR 809.958 Special notice for nitrate exceedances above MCL by non-community water systems, where granted permission by the department under s. NR 809.11 (3).

NR 809.958(1) (1) Timing of the special notice. The water supplier for a non-community water system granted permission by the department under s. NR 809.11 (3) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 public notice under s. NR 809.951 (1) and (2).

NR 809.958(2) (2) Form and manner of the special notice. Water suppliers for non-community water systems granted permission by the department to exceed the nitrate MCL under s. NR 809.11 (3) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure, according to the requirements for Tier 1 public notice delivery under s. NR 809.951 (3) and the content requirements under s. NR 809.954.

NR 809.958 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.959 NR 809.959 Public notice by the department on behalf of the public water system.

NR 809.959(1) (1) Department responsibilities. The department may give the notice required by this subchapter on behalf of the water supplier if the department complies with the requirements of this subchapter.

NR 809.959(2) (2) Public water system responsibilities when public notice is provided by the department. The water supplier remains responsible for ensuring that the requirements of this subchapter are met.

NR 809.959 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.960 NR 809.960 Special notice for significant deficiencies or source groundwater fecal contamination. In addition to public notices required elsewhere in this subchapter, a special notice is required for public water systems with significant deficiencies or source water fecal contamination.

NR 809.960(1) (1) Timing and manner of special public notice. Timing and manner of the special notice shall be done as follows:

NR 809.960(1)(a) (a) Community water systems. In addition to public notification requirements under this subchapter, a water supplier for a community groundwater system that receives notice from the department of a significant deficiency or notification of a fecal indicator-positive groundwater source sample that is not invalidated by the department shall inform the public served by the public water system of any uncorrected significant deficiency or fecal indicator-positive source sample. Water suppliers shall provide the special public notice in the Consumer Confidence Report (CCR) required under ss. NR 809.833 (7) (f) for the calendar year in which the uncorrected significant deficiency or source water fecal positive sample was detected. The water supplier shall continue to inform the public annually in the CCR, from the date of notification from the department, until the significant deficiency is corrected or the fecal contamination in the groundwater source is determined by the department to be corrected.

NR 809.960(1)(b) (b) Non-community systems. In addition to public notification requirements under this subchapter, a water supplier for a non-community groundwater system that receives notice from the department of a significant deficiency shall inform the public served by the public water system in a manner approved by the department of any significant deficiency that has not been corrected within 12 months of being notified by the department, or earlier if directed by the department. The water supplier must continue to inform the public annually until the significant deficiency is corrected. This information shall include:

NR 809.960(1)(b)1. 1. The nature of the significant deficiency and the date the significant deficiency was identified by the department.

NR 809.960(1)(b)2. 2. The department-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed.

NR 809.960(1)(b)3. 3. For public water systems with a large proportion of non-English speaking consumers, as determined by the department, information in the appropriate language or languages regarding the importance of the notice or a telephone number or address consumers may use to contact the water supplier to obtain a translated copy of the notice or assistance in the appropriate language.

NR 809.960(3) (3) Notice of return to compliance. If directed by the department, a water supplier for a non-community water system with significant deficiencies that have been corrected shall inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction.

NR 809.960 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) (a) renum. (1) (b) to (b) (intro.) and am., r. (2) (intro.), renum. (2) (a) to (c) to (1) (b) 1. to 3. Register March 2016 No. 723, eff. 4-1-16.

NR 809.970 NR 809.970 Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

NR 809.970(1) (1) Timing for special notice for repeated failure to monitor. The water supplier for a community or non-community water system that is required to monitor source water under s. NR 809.331 (1) (a) and (b) must notify persons served by the public water system that monitoring has not been completed as specified no later than 30 days after the water supplier for the public water system has failed to collect any 3 months of monitoring as specified in s. NR 809.331 (3). The notice must be repeated as specified in s. NR 809.952 (2).

NR 809.970(2) (2) Timing for special notice for failure to determine bin classification or mean Cryptosporidium level. The water suppliers for a community or non-community water system that is required to determine a bin classification under s. NR 810.34, or to determine mean Cryptosporidium level under s. NR 810.36, must notify persons served by the public water system that the determination has not been made as required no later than 30 days after the water suppliers for the public water system has failed report the determination as specified in s. NR 810.34 (5) (a) or 810.36 (1), respectively. The notice must be repeated as specified in s. NR 809.952 (2). The notice is not required if the public water system is complying with a department approved schedule to address the violation.

NR 809.970(3) (3) The form and manner of the special notice. The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in s. NR 809.952 (3). The public notice must be presented as required in s. NR 809.954 (3).

NR 809.970(4) (4) Mandatory language that must be contained in the special notice. The notice must contain the following language, including the language necessary to fill in the blanks.

NR 809.970(4)(a) (a) The special notice for repeated failure to conduct monitoring must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We “did not monitor or test” or “did not complete all monitoring or testing” on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).