NR 809.90(4)(4) Bottled water use as a requirement of a waiver. Public water systems that use bottled water as a requirement for receiving a conditional waiver shall meet all of the following requirements:

NR 809.90(4)(a)(a) The department shall require and approve a monitoring program for bottled water. The water supplier shall develop and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs. The water supplier shall monitor a representative sample of the bottled water for all contaminants regulated under ss. NR 809.24 (1) and (2) and 809.11 during the first 3-month period that it supplies the bottled water to the public, and annually thereafter. Results of the monitoring program shall be provided to the department annually.

NR 809.90(4)(b)(b) The water supplier shall receive a certification from the bottled water company that the bottled water supplied meets all requirements of s. 97.34, Stats., and s. ATCP 70.26. The water supplier shall provide the certification to the department the first quarter after it supplies bottled water and annually thereafter.

NR 809.90(4)(c)(c) The water supplier shall be fully responsible for the provision of sufficient quantities of bottled water to every person supplied by the public water system via door-to-door bottled water delivery.

NR 809.90(5)(5) Point of entry treatment as a requirement of a waiver. If the department approves the use of a point-of-entry device as a requisite for granting a conditional waiver, the water supplier shall provide documentation that the device will not cause increased corrosion of plumbing materials which could increase contaminant levels at the consumer’s tap.

NR 809.90(6)(6) Additional waiver requirements. Additional requirements for conditional waivers shall include all of the following:

NR 809.90(6)(a)(a) Proof of proper and effective installation, operation and maintenance of any applicable treatment technologies.

NR 809.90(6)(b)(b) Department specified monitoring requirements for the contaminant for which the conditional waiver is sought.

NR 809.90(6)(c)(c) Other terms or conditions specified by the department to ensure adequate public health protection, including but not limited to all of the following:

NR 809.90(7)(7) Public notice of waivers. Before the department may grant a conditional waiver under this section, a class 1 public notice under ch. 985, Stats., and opportunity for a public hearing on the proposed conditional waiver shall be provided by the department. A hearing held pursuant to a request under this subsection is a class 1 hearing and shall be conducted in accordance with ch. 227, Stats.

NR 809.90(8)(8) Extension of waivers. The department may extend a compliance deadline not to exceed 3 years, or 2 years for a small system conditional waiver under sub. (2), beyond the expiration date of the original conditional waiver if the water supplier establishes all of the following:

NR 809.90(8)(a)(a) The public water system cannot meet the maximum contaminant level or treatment technique requirement without capital improvements which cannot be completed within the period of the conditional waiver.

NR 809.90(8)(b)(b) The water supplier has entered into an enforceable agreement to become part of a regional public water system or, if the water supplier needs financial assistance for the necessary capital improvements, the water supplier has entered into an agreement to obtain the financial assistance.

NR 809.90(8)(c)(c) The water supplier is taking all practicable steps to meet the standard.

NR 809.90(9)(9) Renewal of waiver extensions. The department may renew an extension granted under sub. (8) if the water supplier establishes all of the following:

NR 809.90(9)(a)(a) The public water system does not serve more than 500 service connections.

NR 809.90(9)(b)(b) The public water system cannot meet a maximum contaminant level or treatment technique requirement without financial assistance for the necessary capital improvements.

NR 809.90(9)(c)(c) The public water system is taking all practicable steps to achieve compliance with a maximum contaminant level or treatment technique requirement.

NR 809.905(1)(1) General requirements for uranium waivers. The department may grant conditional waivers from the maximum contaminant level for uranium if all of the following occur:

NR 809.905(1)(a)(a) The department has identified the best available technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51, for the purposes of issuing a conditional waiver, as shown in s. NR 809.50 (3), Table B.

NR 809.905(1)(b)(b) The department identifies the best available technology, treatment techniques or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51 for the purposes of issuing conditional waivers to small drinking water systems, defined as those serving 10,000 persons or fewer, as shown in s. NR 809.50 (4), Tables K and L.

NR 809.905(1)(c)(c) The water supplier has entered into a signed consent order agreement with the department regarding the conditional waiver.

NR 809.905(2)(2) Treatment as a condition of uranium waivers. The department shall require community water systems to install or use, or both install and use, any treatment technology identified in s. NR 809.50 (3), Table B, or in the case of community water systems that serve 10,000 persons or fewer, s. NR 809.50 (3), Table C and Table E, as a condition for granting a conditional waiver except as provided in sub. (3).

NR 809.905(3)(3) Waiver for alternative treatment if BATs are not effective. If a water supplier for a community water system can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment technologies identified in this section would only achieve a de minimus reduction in the contaminant level, the department may issue a schedule for compliance that requires the community water system being granted the conditional waiver to examine other treatment technologies as a condition of obtaining the conditional waiver.