NR 809.546(2)(g)(g) Community water system text waiver. A water supplier for a community water system may apply to the department in writing unless the department has waived the requirement for prior approval, to use only the text specified in sub. (1) (a) in lieu of the text in sub. (1) (a) and (b) and to perform the tasks listed in pars. (d) and (e) in lieu of the tasks in pars. (b) and (c) if all of the following are met:

NR 809.546(2)(g)1.1. The public water system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices.

NR 809.546(2)(g)2.2. The public water system provides water as part of the cost of services provided and does not separately charge for water consumption.

NR 809.546(2)(h)(h) Reduction in public education requirements for public water systems serving 3300 or fewer people. A water supplier for a community water system serving 3,300 or fewer people may limit certain aspects of the public education programs as follows:

NR 809.546(2)(h)1.1. With respect to the requirements of par. (b) 6., a water supplier for a public water system serving 3,300 or fewer shall implement at least one of the activities listed in that paragraph.

NR 809.546(2)(h)2.2. With respect to the requirements of par. (b) 2., a water supplier for a public water system serving 3,300 or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the public water system that are most likely to be visited regularly by pregnant women and children.

NR 809.546(2)(h)3.3. With respect to the requirements of par. (b) 5., the department may waive this requirement for public water systems serving 3,300 or fewer persons as long as the water supplier distributes notices to every household served by the public water system.

NR 809.546(3)(3) Supplemental monitoring for lead. A water supplier for a public water system that fails to meet the lead action level on the basis of tap samples collected in accordance with s. NR 809.547 shall offer to sample the tap water of any customer who requests it. The water supplier is not required to pay for collecting or analyzing the sample, nor is the water supplier required to collect and analyze the sample.

NR 809.546(4)(a)(a) Reporting requirement. All water suppliers for public water systems shall provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of s. NR 809.547 to the persons served by the public water system at the specific sampling site from which the sample was taken, for example, the occupants of the residence where the tap was tested.

NR 809.546(4)(b)(b) Timing of notification. A water supplier shall provide the consumer notice as soon as practical, but no later than 30 days after the water supplier learns of the tap monitoring results.

NR 809.546(4)(c)(c) Content. The consumer notice shall include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice shall also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from s. NR 809.833 (2).

NR 809.546(4)(d)(d) Delivery. The consumer notice shall be provided to persons served at the tap that was tested, either by mail or by another method approved by the department. For example, upon approval by the department, a non-transient noncommunity water system could post the results on a bulletin board in the facility to allow users to review the information. The water supplier shall provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

NR 809.546 HistoryHistory: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (intro.), (1) (a) 1., (2) (b) 1., 2., (c) 1., (d) Register March 2016 No. 723, eff. 4-1-16.

NR 809.547(1)(a)(a) By the applicable date for commencement of monitoring under sub. (4) (a), each water supplier shall complete a materials evaluation of the distribution system of this public water system in order to identify a pool of targeted sampling sites that meet the requirements as specified in pars. (c) to (f), and which is sufficiently large to ensure that the water supplier can collect the number of lead and copper tap samples required in sub. (3). All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

NR 809.547(1)(b)(b) A water supplier shall use the information on lead, copper and galvanized steel that they are required to collect under s. NR 809.119 when conducting a materials evaluation. When an evaluation of the information collected pursuant to s. NR 809.119 (4) is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in this subsection, the water supplier shall review the following sources of information in order to identify a sufficient number of sampling sites. In addition, the water supplier shall seek to collect such information where possible in the course of its normal operations, including, checking service line materials when reading water meters or performing maintenance activities:

NR 809.547(1)(b)1.1. All plumbing codes, permits and records in the files of the building department which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system.

NR 809.547(1)(b)2.2. All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system.

NR 809.547(1)(b)3.3. All existing water quality information, which includes the results of all prior analyses of the public water system or individual structures connected to the public water system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

NR 809.547(1)(c)(c) The “tier 1 sampling sites” selected for a community water system’s sampling pool shall consist of single family structures that meet at least one of the following requirements:

NR 809.547(1)(d)(d) When multiple-family residences comprise at least 20% of the structures served by a public water system, the water supplier may include the types of structures described in par. (c) in its sampling pool.

NR 809.547(1)(e)(e) Any water supplier for a community water system with insufficient tier 1 sampling sites shall complete the sampling pool with “tier 2 sampling sites,” consisting of buildings, including multiple-family residences that meet at least one of the following requirements:

NR 809.547(1)(f)(f) Any water supplier for a community water system with insufficient tier 1 and tier 2 sampling sites shall complete the sampling pool with “tier 3 sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A water supplier for a community water system with insufficient tier 1, tier 2 and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site at which the plumbing materials used at that site would be commonly found at other sites served by the public water system.