Chapter NR 809

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).

NR 809.970(4)(b) (b) The special notice for failure to determine bin classification or mean Cryptosporidium level must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).

NR 809.970(4)(c) (c) Each special notice must also include a description of what the water suppliers for the public water system is doing to correct the violation and when the water supplier expects the public water system to return to compliance or resolve the situation.

NR 809.970 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. Appendices A and B to Subchapter VII Register March 2016 No. 723, eff. 4-1-16; CR 21-088: am. Appendix A to Subchapter VII Register July 2022 No. 799, eff. 8-1-22.

Appendix A to Subchapter VII
NPDWR Violations and Other Situations Requiring Public Notice1

Appendix A Footnotes

1 Violations and other situations not listed in this table, for example, reporting violations and failure to prepare Consumer Confidence Reports, do not require notice, unless otherwise determined by the department. The department may also require a more stringent public notice tier, for example, Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3, for specific violations and situations listed in this Appendix, as authorized under s. NR 809.951(1) and s. NR 809.952 (1).

2 MCL--Maximum contaminant level, MRDL—Maximum residual disinfectant level, TT—Treatment technique.

3 The term Violations of National Primary Drinking Water Regulations is used here to include violations of MCL, MRDL, TT, monitoring and testing procedure requirements.

4 Failure to test for E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.

5 Water supplier for public water systems that violate the turbidity MCL of 5 NTU based on an average of measurements over 2 consecutive days shall consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.

6 Water supplier for public water systems with a treatment technique violation involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule or the Interim Enhanced Surface Water Treatment Rule are required to consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.

7 Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477) become effective January 1, 2002 for public water systems using surface water or groundwater under the direct influence of surface water serving at least 10,000 persons. However, s. NR 809.77 has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule remains in effect for public water systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the Surface Water Treatment Rule.

8 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.

9 Public water water systems using surface water or groundwater under the direct influence of surface water community and non-transient non-community systems serving greater than or equal to 10,000 must comply with the new disinfection byproducts MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.

10 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.

11 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.

12 Some public water systems must monitor for certain unregulated contaminants listed in s. NR 809.25.

13 Other waterborne emergencies require a Tier 1 public notice under 40 CFR 141.202(a) or s. NR 809.951 (1) (b) 8. for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 or s. NR 809.04 (90) but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failure or significant interruption in water treatment processes, natural disasters that disrupt the water supply, chemical spills, or unexpected loading of possible pathogens into the source water.

14 The department may place other situations in any tier they believe appropriate, based on threat to public safety.

15 Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in section 141.211. All other monitoring and testing procedure violations are Tier 3.

Appendix B Footnotes:

1 MCLG--Maximum contaminant level goal.

2 MCL--Maximum contaminant level.

3 For public water systems analyzing at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. For public water systems analyzing fewer than 40 samples per month, no more than one sample per month may be positive for total coliforms.

4 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; the MCL for the 2-day average is 5 NTU for public water systems that are required to filter but have not yet installed filtration (40 CFR 141.13).

5 NTU--Nephelometric turbidity unit.

6 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. Systems subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed 5 NTU. In addition, in filtered systems, 95 percent of samples each month shall not exceed 0.5 NTU in public water systems using conventional or direct filtration and shall not exceed 1 NTU in public water systems using slow sand or diatomaceous earth filtration or other filtration technologies approved by the department.

7 TT--Treatment technique.

8 There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. For public water systems subject to the interim enhanced surface water treatment rule (public water systems serving at least 10,000 people, using surface water or groundwater under the direct influence of surface water), that use conventional filtration or direct filtration, after January 1, 2002, the turbidity level of a public water system’s combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly measurements, and the turbidity level of a public water system’s combined filter effluent shall not exceed 1 NTU at any time. Public water systems subject to the interim enhanced surface water treatment rule using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration shall meet turbidity limits set by the department.

9 Surface water treatment rule and interim enhanced surface water treatment rule treatment technique violations that involve turbidity exceedances may use the health effects language for turbidity instead.

10 The bacteria detected by heterotrophic plate count are not necessarily harmful. HPC is simply an alternative method of determining disinfectant residual levels. The number of bacteria is an indicator of whether there is enough disinfectant in the distribution system.

11 Million fibers per liter.

12 Action Level = 0.015 mg/L.

13 Action Level = 1.3 mg/L.

14 Millirems per year.

15 Picocuries per liter.

16 Surface water systems and groundwater systems under the direct influence of surface water are regulated under Subpart H of 40 CFR part 141. Community and non-transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more shall comply with DBP MCLs and disinfectant maximum residual disinfectant levels beginning January 1, 2002. All other community and non-transient non-community systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community systems using groundwater under the direct influence of surface water serving fewer than 10,000 persons and public water systems using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

17 The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.

18 The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

19 MRDLG — Maximum residual disinfectant level goal.

20 MRDL — Maximum residual disinfectant level.

Appendix C to Subchapter VII
List of Acronyms Used in Public Notification Regulation

CCR   Consumer Confidence Report

CWS   Community Water System

DBP   Disinfection Byproduct

EPA   Environmental Protection Agency

HPC   Heterotrophic Plate Count

IESWTR   Interim Enhanced Surface Water Treatment Rule

IOC   Inorganic Chemical

LCR   Lead and Copper Rule

MCL   Maximum Contaminant Level

MCLG   Maximum Contaminant Level Goal

MRDL   Maximum Residual Disinfectant Level

MRDLG   Maximum Residual Disinfectant Level Goal

NCWS   Non-Community Water System

NPDWR   National Primary Drinking Water Regulation

NTNCWS   Non-Transient Non-Community Water System