NR 809.313(2)(c)3. 3. If the department reviews the completed Level 2 assessment and determines that the assessment is not sufficient, including any proposed timetable for any corrective actions not already completed, the department shall consult with the water supplier. If the department requires revisions after consultation, the water supplier shall submit a revised assessment form to the department on an agreed-upon schedule not to exceed 30 days.

NR 809.313(2)(c)4. 4. Upon completion and submission of the assessment form by the water supplier, the department shall determine if the water supplier has identified a likely cause for the Level 2 trigger and determine whether the water supplier has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.

NR 809.313(3) (3) Corrective action. Water suppliers shall correct sanitary defects found through Level 1 or Level 2 assessments conducted under sub. (2). For corrections not completed by the time of submission of the assessment form, the water supplier shall complete the corrective action in compliance with a timetable approved by the department in consultation with the water supplier. The water supplier shall notify the department when each scheduled corrective action is completed.

NR 809.313(4) (4) Consultation. At any time during the assessment or corrective action phase, the water supplier or the department may request a consultation with the other party to determine the appropriate actions to be taken. The water supplier may consult with the department on all relevant information that may affect the ability to comply with a requirement of this subsection, including the method of accomplishment, an appropriate timeframe, and other relevant information.

NR 809.313 History History: CR 15-049: cr. Register March 2016 No. 723, eff. 4-1-16; correction in (1) (intro.) made under s. 35.17, Stats., Register March 2016 No. 723; correction in (1) (b) 2. made under s. 13.92 (4) (b) 7., Stats, Register July 2022 No. 799.

NR 809.314 NR 809.314 Treatment technique compliance with distribution system microbiological contaminants. A treatment technique violation occurs when sub. (1) or (2) occurs.

NR 809.314(1) (1) A public water system exceeds a treatment technique trigger specified in s. NR 809.313 (1) and the water supplier fails to conduct the required assessment or corrective actions within the timeframe specified in s. NR 809.313 (2) and (3).

NR 809.314(2) (2) The water supplier of a seasonal system fails to complete a department-approved start-up procedure prior to serving water to the public.

NR 809.314 History History: CR 15-049: cr. Register March 2016 No. 723, eff. 4-1-16.

NR 809.32 NR 809.32 Groundwater microbiological source water monitoring — general requirements.

NR 809.32(1) (1) Applicability of groundwater source microbiological contaminants.

NR 809.32(1)(a) (a) This section applies to all public water systems using groundwater, except for public water systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water prior to surface water treatment.

NR 809.32(1)(b) (b) This section applies to any public water system meeting the applicability statement in sub. (1), including consecutive systems that receive finished groundwater from another public water system.

NR 809.32(2) (2) Compliance date. Unless otherwise noted, all groundwater systems shall comply with the requirements of this section beginning December 1, 2009.

NR 809.32(3) (3) Requirements. All public water systems using groundwater as a source shall comply with the following requirements:

NR 809.32(3)(a) (a) Provide all information required by the department for sanitary surveys conducted under s. NR 809.35.

NR 809.32(3)(b) (b) Groundwater systems that do not treat all of their groundwater to at least 4-log treatment of viruses, using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal before or at the first customer, shall meet all the microbiological source water monitoring requirements under s. NR 809.325.

NR 809.32(3)(c) (c) Groundwater systems that have fecally contaminated source waters, as determined by source water monitoring conducted under s. NR 809.325, or have significant deficiencies that are identified by the department or that are identified by EPA, under Subpart S of 40 CFR part 141 of the U.S. Code, shall meet the treatment technique requirements in s. NR 809.327. Groundwater systems with fecally contaminated source water or with significant deficiencies are subject to the treatment technique requirements of s. NR 809.327 and shall implement one or more of the following corrective action options:

NR 809.32(3)(c)1. 1. Correct all significant deficiencies.

NR 809.32(3)(c)2. 2. Provide an alternate source of water.

NR 809.32(3)(c)3. 3. Eliminate the source of contamination.

NR 809.32(3)(c)4. 4. Provide treatment that reliably achieves at least 4-log treatment of viruses, before or at the first customer.

NR 809.32(3)(d) (d) Groundwater systems that provide at least 4-log treatment of viruses before or at the first customer shall conduct compliance monitoring to demonstrate treatment effectiveness, as required under s. NR 809.327 (3).

NR 809.32 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 809.323 NR 809.323 Analytical requirements for groundwater source microbiological contaminants.

NR 809.323(1) (1) Analytical methods.

NR 809.323(1)(a) (a) A water supplier for a groundwater system subject to the source water monitoring requirements of s. NR 809.325 (2) shall collect a standard sample volume of at least 100 mL for E. coli analysis regardless of the analytical method used.

NR 809.323(1)(b) (b) A water supplier for a groundwater system shall analyze all groundwater source samples, collected under s. NR 809.325 (2), using one of the analytical methods listed in Table G for the presence of E. coli. If the department requires a public water system to be tested for the presence of enterococci or coliphage, the water supplier shall use one of the methods listed in Table G.

NR 809.323(1)(c) (c) Sample volumes of at least 100 mL shall be used for all analyses using the methods in Table G. Analyses shall be conducted in accordance with the documents listed in the footnotes to Table G.