NR 809.90(1)(1) General application requirements. A water supplier for a public water system may apply to the department for a conditional waiver for nonmicrobial contaminants respecting compliance with a maximum contaminant level or treatment technique requirement for a period up to 3 years if all of the following apply:

NR 809.90(1)(a)(a) One of the following situations exists:

NR 809.90(1)(a)1.1. Because of the characteristics of the raw water sources which are reasonably available, the public water system cannot comply with a maximum contaminant level despite application of best technology, treatment techniques or other means generally available, taking costs into consideration.

NR 809.90(1)(a)2.2. Compelling factors, which may include economic factors, indicate that the public water system cannot comply with a maximum contaminant level or treatment technique requirement for a limited period of time.

NR 809.90(1)(b)(b) The public water system was in operation on the effective date of the maximum contaminant level or treatment technique requirement.

NR 809.90(1)(c)(c) Granting of a conditional waiver will not result in an unreasonable risk to public health.

NR 809.90(1)(d)(d) The public water system shall have entered into a consent order agreement with the department regarding the conditional waiver.

NR 809.90(2)(2) Small system application requirements. Water suppliers for small systems serving less than 3,300 persons, may apply for a conditional waiver for nonmicrobial contaminants only when all of the following conditions are met:

NR 809.90(2)(a)(a) The contaminant or treatment technique to be waived has a maximum contaminant level or treatment technique requirement established in national primary drinking water regulations promulgated on or after January 1, 1986.

NR 809.90(2)(b)(b) The technology used to comply with the maximum contaminant level or treatment technique is approved by the department.

NR 809.90(2)(c)(c) Compliance with maximum contaminant levels or treatment techniques is not reasonably affordable through restructuring or consolidation changes, including ownership change or physical consolidation or both with another public water system, or obtaining financial assistance through the Wisconsin drinking water state revolving loan fund (DWSRF).

NR 809.90(2)(d)(d) The small system is financially and technically capable of installing, operating and maintaining the applicable small system technology under par. (b).

NR 809.90(2)(e)(e) Granting of a conditional waiver will not result in an unreasonable risk to public health.

NR 809.90(2)(f)(f) The public water system shall have entered into a signed consent order agreement with the department regarding the conditional waiver.

NR 809.90(3)(3) General waiver requirements. The department may grant a conditional waiver if the water supplier has established that the criteria of sub. (1) or (2) have been met. Any conditional waiver granted shall require all of the following:

NR 809.90(3)(a)(a) Compliance, including increments of progress, by the water supplier with each maximum contaminant level or treatment technique requirement within the time frame specified by the department in the compliance schedule.

NR 809.90(3)(b)(b) Implementation by the water supplier of control measures the department deems necessary until compliance with the maximum contaminant level or treatment technique requirement is achieved.

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.