Chapter NR 810

NR 810.24(1) (1) New system capacity evaluation. No new community or non-transient non-community water system may commence operation after September 1, 1999, unless the owner of the proposed water system first demonstrates to the satisfaction of the department that the water system shall have and shall maintain adequate financial, managerial and technical capacity to meet the requirements of this chapter and the requirements of 42 USC 300f to 300j-26. Additions to water systems constructed prior to September 1, 1999, are exempt from this requirement unless the additions resulted in an upgrade in system type.

NR 810.24 Note Note: 42 USC 300f to 300j-26 is entitled the federal Safe Drinking Water Act.

NR 810.24(2) (2) Capacity evaluation submittal. To demonstrate financial, managerial and technical capacity to the department, before beginning construction of a water system, the owner of a proposed community or non-transient non-community water system shall submit to the department a system capacity evaluation that includes all of the following:

NR 810.24(2)(a) (a) A written description of the water system design that includes all of the following:

NR 810.24(2)(a)1. 1. For groundwater systems, the proposed well construction and the name of the water-bearing formation.

NR 810.24(2)(a)2. 2. For surface water systems, the name of the source water body and the intake length and intake location.

NR 810.24(2)(a)3. 3. Pumping capacity.

NR 810.24(2)(a)4. 4. Water treatment.

NR 810.24(2)(a)5. 5. Water storage volume.

NR 810.24(2)(a)6. 6. Length and diameter of water mains.

NR 810.24(2)(a)7. 7. Pressure range within the water system.

NR 810.24(2)(a)8. 8. Location of any pressure reducing valves or pressure booster stations.

NR 810.24(2)(a)9. 9. Map or plat showing the proposed water system.

NR 810.24(2)(b) (b) Evaluation of the potential for the water quality to be out of compliance with any of the primary or secondary standards of this chapter. For groundwater systems, this evaluation shall be based on a review of water quality information available from nearby existing wells or on the results of water quality monitoring from a test well. For surface water systems, this evaluation shall be based on water quality monitoring from the surface water.

NR 810.24(2)(c) (c) Anticipated average and maximum daily water use for the proposed water system.

NR 810.24(2)(d) (d) For groundwater systems, a site assessment that includes all of the following:

NR 810.24(2)(d)1. 1. The separation distances between the well and potential sources of contamination within the proposed wellhead protection area.

NR 810.24(2)(d)2. 2. Any violation of the applicable separation distances contained in chs. NR 811 and 812.

NR 810.24(2)(d)3. 3. The proximity of the well to any wetlands.

NR 810.24(2)(d)4. 4. The location of the well in relation to the 100-year flood elevation.

NR 810.24(2)(e) (e) For surface water systems, a source water assessment that includes the identification of potential sources of contamination in relation to the intake and the susceptibility of the water system to contamination.

NR 810.24(2)(f) (f) Anticipated number of industrial, commercial and residential water services.

NR 810.24(2)(g) (g) Initial and projected customer population and service area.

NR 810.24(2)(h) (h) Information for the identification, location and contact of the water system designer including the name, address, and telephone number of the system designer and designer’s firm.

NR 810.24(2)(i) (i) Status of all department permits and approvals related to the construction of the water system.

NR 810.24(2)(j) (j) Information for the identification, location and contact of the water system owner including the name, address and telephone number of the water system owner and the extent of the owner’s responsibility for the water system.

NR 810.24(2)(k) (k) Information for the identification, location and contact of the water system manager including the name, address and telephone number of the system manager.

NR 810.24(2)(L) (L) Information for the identification, location, and contact of the water system operator including the name, address and telephone number of the water system’s certified operator as defined in s. NR 114.03 (2). If a certified operator has not been selected prior to submitting the capacity evaluation, a timetable for hiring an operator shall be included as part of the capacity evaluation in lieu of the information for the identification, location and contact of the water system operator. The water system may not be placed into operation until the department is provided with the information for the identification, location and contact of the water system operator required in this paragraph.

NR 810.24(2)(m) (m) A plan identifying all sample locations for all monitoring required under the Safe Drinking Water Act.

NR 810.24(2)(n) (n) Description of the operational procedures required by this chapter, chs. NR 809 and 811 and PSC 185 related to wellhead protection, well abandonment, cross-connection control, operational reporting, meter testing, hydrant and valve exercising and operator certification.

NR 810.24(2)(o) (o) Description of the rate or fee mechanism for other-than-municipal water systems.

NR 810.24(2)(p) (p) Copy of the public service commission certificate authorizing the construction and operation, and estimating rates, for municipal water systems regulated by the public service commission.

NR 810.24(2)(q) (q) Description of the method of payment for the construction and operation of the water system for non-transient non-community water systems.

NR 810.24(2)(r) (r) Statement from the water system owner on the financial capacity of the water system to meet the requirements of this chapter.

NR 810.24(3) (3) Capacity evaluation form. The capacity evaluation shall be submitted on a form provided by the department or in a format approved by the department.

NR 810.24 Note Note: Capacity evaluation forms may be obtained from the department bureau of drinking water and groundwater at no charge by writing to Bureau of Drinking Water and Groundwater, Box 7921, Madison, WI 53707.

NR 810.24(4) (4) Required qualifications. The information in sub. (2) (a) to (e) shall be prepared by a professional engineer for municipal water systems and by a professional engineer or licensed well driller for other-than-municipal or non-transient non-community water systems.

NR 810.24(5) (5) Waiver procedure for non-community water systems. The department may waive the requirement for the owner to supply information on well construction, well location, water quality monitoring, and operational procedures listed in sub. (2) (a) to (n) for non-community water systems provided that the owner acknowledges in writing conformance to the requirements for well construction, well location, water quality monitoring, and water system operation contained in this chapter and ch. NR 812.

NR 810.24(6) (6) Engineering or design report. A single engineering or design report may be submitted to satisfy the requirements of s. NR 811.09 (3) and (4) and the capacity evaluation required by sub. (2).

NR 810.24(7) (7) Department approval of system capacity. The construction of any new non-transient non-community or community water system may not commence without department approval of the system capacity evaluation demonstrating technical, financial, and managerial capacity required in this section.

NR 810.24(8) (8) Denial of water system capacity. The department may deny approval of the system capacity evaluation for any of the following reasons:

NR 810.24(8)(a) (a) The water system design does not conform to the applicable design and location standards, or approved variances to the standards, contained in chs. NR 811 and 812 and SPS 382.

NR 810.24(8)(b) (b) The water system operational procedures do not meet the applicable requirements of ch. PSC 185 or of this chapter and ch. NR 811 related to wellhead protection, well abandonment, cross-connection control, operational reporting, meter testing, hydrant and valve exercising, and operator certification.

NR 810.24(8)(c) (c) The water system monitoring plan does not conform to the applicable monitoring requirements of this chapter and ch. NR 809, approved variances to the requirements of this chapter and ch. NR 809, or to monitoring requirements established as part of the department construction approval under chs. NR 811 and 812.

NR 810.24(8)(d) (d) The system capacity evaluation is incomplete.

NR 810.24(8)(e) (e) The information provided does not demonstrate adequate financial capacity to meet the requirements of this chapter.

NR 810.24 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (8) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

NR 810.25 NR 810.25 Operation and maintenance manuals. Water suppliers for all community water systems providing treatment, including chemical addition, shall provide training for staff in the operation and maintenance of the equipment and maintain up-to-date manuals for the operation and maintenance of the equipment.

NR 810.25 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.26 NR 810.26 Other requirements.

NR 810.26(1) (1) Authorization for operation of new community water systems or improvements to existing systems. Before a new community water system or improvements to a community water system can be placed into service, written authorization of the department shall be obtained.

NR 810.26(1)(a) (a) To obtain authorization for operation of a new community water system, the community water system owner shall meet the following requirements:

NR 810.26(1)(a)1. 1. An inspection of the facilities shall be made by a representative of the department to determine if construction is in accordance with the approved plans and specifications. Deficiencies shall be corrected prior to startup or by a specified compliance date, as determined by the significance of the deficiency.

NR 810.26(1)(a)2. 2. The department shall be informed in writing of the name of the certified operator who will be in charge of any community water system.

NR 810.26(1)(a)3. 3. The owner of a municipal water system shall have adopted cross-connection and well abandonment ordinances or rules.

NR 810.26(1)(a)4. 4. The owner of a municipal water system shall have an approved wellhead protection plan.

NR 810.26(1)(a)5. 5. The owner of each community water system shall have an emergency response plan.

NR 810.26(1)(a)6. 6. Water distribution maps as required in sub. (2) shall be provided to the department by the water supplier.

NR 810.26(1)(a)7. 7. A plan identifying all sample locations for all monitoring required under the Safe Drinking Water Act shall be provided to the department by the water supplier.

NR 810.26(1)(b) (b) To obtain authorization for startup of improvements to existing community water systems that are reviewable projects as defined in s. NR 108.02 (13), an inspection of the facilities and correction of deficiencies may be necessary prior to startup as required in par. (a). Water mains are excluded from the inspection requirement unless required in the department plans and specifications approval letter.

NR 810.26(2) (2) Maps. Each municipal and OTM subdivision water supplier shall supply a current map of the public water system which shows the size and location of all facilities and appurtenances, such as water mains, valves, hydrants, wells or sources, pumping stations, treatment plants, and storage facilities. Overflow elevations of the water system storage units shall be shown. Any pressure zones shall be delineated. Two current copies of this map shall be kept on file with the department at all times. One copy shall be provided to the department’s central office and one copy shall be provided to the appropriate department regional office.

NR 810.26(3) (3) Meters. Each municipal water supplier and those water suppliers for other-than-municipal water systems having a source capacity of at least 70 gallons per minute shall provide a water meter at each source to accurately measure the daily quantity of water pumped or delivered. Water metering shall be provided for all community water systems utilizing chemical addition. All source water meters shall be calibrated at least every 2 years as required in s. PSC 185.83 (2).

NR 810.26(4) (4) Licensed pump installer. Any person, firm, corporation or partnership performing well pump installing work as defined in s. 280.01 (5), Stats., shall perform the work in accordance with chs. NR 108, 811, and 812 and shall be a licensed pump installer in accordance with the requirements of ch. NR 146. Pump installing work at municipal water systems is not required to be performed by a licensed pump installer when performed by a department certified waterworks operator who is a full-time employee of the municipal water system.

NR 810.26 Note Note: Section 280.01 (5), Stats., defines “pump installing” to mean the industry and procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for consumption or use, including all construction involved in making entrance to the well and establishing such seals and safeguards as are necessary to protect such water from contamination.

NR 810.26(5) (5) Well head protection plans. Water suppliers for community water systems with a department approved well head protection plan and ordinance shall implement it. Amended plans or ordinances shall be approved by the department prior to implementation.

NR 810.26(6) (6) Sampling and monitoring plans. Water suppliers shall develop sampling and monitoring plans as required by ss. NR 809.31 (1) (a), 809.325 (2) (c), and 809.565 (6).

NR 810.26(7) (7) Storage turnover. Storage facilities shall be operated to facilitate turnover of water in order to prevent freezing and stagnant water conditions. Consideration shall be given to installing separate inlet and outlet pipes, diffusers and baffle walls.

NR 810.26(8) (8) Emergency chlorination plans. An emergency chlorination plan is required for each community water system. Each municipal water system shall have appropriate chlorination infrastructure and chorine available to obtain 0.5 mg/l free chlorine throughout its distribution system within 4 hours. A working chlorine meter shall also be available to measure chlorine concentrations. To ensure water systems are capable of emergency chlorination, the department may ask that an emergency chlorination test be conducted by the water supplier for a municipal water system. At a minimum, the emergency chlorination plan shall include:

NR 810.26(8)(a) (a) Location and description of chlorine pumps, solution containers, chemical, and chlorine test meter.

NR 810.26(8)(b) (b) Procedures for adding chlorine to the water system, flushing the water system to move chlorine to extremities, and testing chlorine levels.

NR 810.26(8)(c) (c) Example calculations for determining dosage requirements.

NR 810.26 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659.

subch. II of ch. NR 810 Subchapter II — Surface Water Treatment and Groundwater Under the Direct Influence of Surface Water Treatment Operations

NR 810.27 NR 810.27 General requirements for all surface water and groundwater under the direct influence of surface water systems.

NR 810.27(1) (1) This subchapter establishes criteria under which filtration is required as a treatment technique for public water systems supplied by a surface water source or a groundwater source under the direct influence of surface water. Direct influence shall be determined for individual sources by the department. The department determination of direct influence may be based on site-specific measurements of water quality characteristics such as those stated in s. NR 810.02 (25) or documentation of well construction characteristics and geology with field evaluation. These regulations also establish requirements for treatment techniques in lieu of maximum contaminant levels for Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium and turbidity. Treatment technique requirements apply to every public water system which utilizes surface water or groundwater under the direct influence of surface water and the requirements consist of installing and properly operating water treatment processes which reliably achieve:

NR 810.27(1)(a) (a) At least 99.9% or 3-log removal or inactivation of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.

NR 810.27(1)(b) (b) At least 99.99% or 4-log removal or inactivation of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.

NR 810.27(1)(c) (c) At least 99.9% or 3-log removal of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer for filtered systems, or Cryptosporidium control under the watershed control system for unfiltered GWUDI systems.

NR 810.27(2) (2) A public water system using a surface water source is considered to be in compliance with the requirements of sub. (1) if it meets the filtration requirements in s. NR 810.29 and the disinfection requirements in s. NR 810.31.

NR 810.27(3) (3) A public water system using groundwater under the direct influence of surface water is considered to be in compliance with the requirements or sub. (1) if it meets the criteria for avoiding filtration in s. NR 810.30 along with the disinfection requirements in s. NR 810.31; or if it meets the filtration requirements in s. NR 810.29 and it meets the disinfection requirements in s. NR 810.31.

NR 810.27(4) (4) Each public water system using a surface water source or a groundwater under the direct influence of surface water shall be operated by qualified personnel who meet the requirements specified by the department.

NR 810.27 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.28 NR 810.28 Requirements for covers on water storage structures. All finished water storage reservoirs and treatment plant basins shall be covered. Finished water is that water which has received all required treatment. Treatment plant basins contain water at various stages of treatment.

NR 810.28 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 810.29 NR 810.29 Basic filtration requirements. Public water systems that use a surface water source shall provide filtration which complies with the requirements of sub. (1), (2), (3), (4), or (5) and meets the disinfection criteria specified in s. NR 810.31 (2). Public water systems that use a groundwater source under the direct influence of surface water shall provide filtration which complies with the specifications of sub. (1), (2), (3), (4) or (5) and meets the disinfection criteria specified in s. NR 810.31 (2) within 18 months of the date that a source is determined, by the department, to be under the direct influence of surface water unless they meet the filtration avoidance criteria in s. NR 810.30. Failure to meet the applicable requirements of this section is a treatment technique violation.

NR 810.29(1) (1) Conventional filtration treatment.

NR 810.29(1)(a) (a) For systems using conventional filtration treatment, the turbidity level of representative samples of a system’s filtered water shall be less than or equal to 0.3 nephelometric turbidity units (NTU) in at least 95% of the measurements taken each month, measured as specified in s. NR 809.113 (1) Tables A and B.

NR 810.29(1)(b) (b) The turbidity level of representative samples of a system’s filtered water may not exceed one NTU, measured as specified in s. NR 809.113 (1) Tables A and B.

NR 810.29(1)(c) (c) To determine compliance with par. (a), turbidity measurements shall be performed on representative samples of filtered water at least every 4 hours that the system serves water to the public.