NR 809.54(3)(c)2. 2. The number of samples taken during the monitoring period shall be multiplied by 0.9.

NR 809.54(3)(c)3. 3. The contaminant concentration in the numbered sample yielded by the calculation in subd. 2. is the 90th percentile contaminant level.

NR 809.54(3)(c)4. 4. For water public water systems serving fewer than 100 people that are sampled at a rate of 5 samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

NR 809.54(3)(c)5. 5. For a public water system that has been allowed by the department to be sampled at a rate of fewer than five samples in accordance with federal rule 40 CFR 141.86(c), the sample result with the highest concentration is considered the 90th percentile value.

NR 809.54(4) (4) Corrosion control treatment requirements.

NR 809.54(4)(a) (a) All water suppliers shall install and operate optimal corrosion control treatment as defined in s. NR 809.04.

NR 809.54(4)(b) (b) Any public water system that complies with the applicable corrosion control treatment requirements specified by the department under ss. NR 809.542 and 809.543 shall be deemed in compliance with the treatment requirement contained in par. (a).

NR 809.54(5) (5) Source water treatment requirements. Any water supplier for a public water system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the department under s. NR 809.544.

NR 809.54(6) (6) Lead service line replacement requirements. Any water supplier for a public water system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in s. NR 809.545.

NR 809.54(7) (7) Public education requirements. Any water supplier for a public water system exceeding the lead action level shall implement the public education requirements contained in s. NR 809.546. Any water supplier for a public water system exceeding the copper action level shall annually provide public education on the health effects of copper using language in Appendix B to subch. VII, and information on reducing exposure to copper in drinking water similar to s. NR 809.546.

NR 809.54 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (3) (c) 5. made under s. 35.17, Stats., Register December 2018 No. 756.

NR 809.541 NR 809.541 Monitoring and analytical requirements for lead and copper.

NR 809.541(1) (1) General. Tap water monitoring for lead and copper, monitoring for water quality parameters, and source water monitoring for lead and copper shall be completed in compliance with ss. NR 809.548 and 809.549. The analyses shall be conducted using methods as prescribed in s. NR 809.113 (1), Table A. Holding times and preservation for Lead and Copper shall be done in accordance with s. NR 809.113, Table B. In all cases, samples should be analyzed as soon after collection as possible.

NR 809.541(2) (2) Use of previously collected data. The department may allow the use of previously collected monitoring data for the purposes of monitoring if the data were collected and analyzed in accordance with the requirements of this subchapter.

NR 809.541(3) (3) Laboratory certification. Analyses for alkalinity, calcium, conductivity, orthophosphate, pH, silica, and temperature may be performed by any person acceptable to the department. Analyses under this section for lead and copper shall only be conducted by laboratories that have been certified by EPA or the department. To obtain certification to conduct analyses for lead and copper, laboratories shall meet all of the requirements in sub. (4) (a) to (c).

NR 809.541(4) (4) Laboratory evaluation samples. For certification under sub. (3) laboratories shall analyze performance evaluation samples, which include lead and copper, provided by or acceptable to EPA or the department at least once a year by each method for which the laboratory desires certification; and the following:

NR 809.541(4)(a) (a) Achieve quantitative acceptance limits as follows:

NR 809.541(4)(a)1. 1. For lead: ±30 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead is 0.005 mg/L.

NR 809.541(4)(a)2. 2. For copper: ±10 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.050 mg/L. The Practical Quantitation Level, or PQL for copper is 0.050 mg/L.

NR 809.541(4)(b) (b) Achieve the method detection limit for lead of 0.001 mg/L according to the procedures in appendix B of 40 CFR part 136. This need only be accomplished if the laboratory will be processing source water composite samples under s. NR 809.549 (1) (a) 4.

NR 809.541(4)(c) (c) Be currently certified by EPA or the department under ch. NR 149 to perform analyses to the specifications described in pars. (a) and (b).

NR 809.541(5) (5) Data reporting requirements. Laboratories shall report data as follows:

NR 809.541(5)(a) (a) All lead and copper levels measured between the PQL and MDL shall be either reported as measured or they can be reported as one-half the PQL specified for lead and copper in par. (a). All levels below the lead and copper MDLs shall be reported as zero.

NR 809.541(5)(b) (b) All copper levels measured between the PQL and the MDL shall be either reported as measured or they can be reported as one-half the PQL at 0.025 mg/L. All levels below the copper MDL shall be reported as zero.

NR 809.541(6) (6) Treatment reporting requirements. Water suppliers shall report to the department any information required by the treatment provisions of this subchapter and s. NR 809.55.

NR 809.541(7) (7) Recordkeeping requirements. Water suppliers shall maintain records in accordance with s. NR 809.82.

NR 809.541(8) (8) Violation of national primary drinking water regulations. Failure to comply with the applicable requirements of ss. NR 809.113, 809.541 to 809.549, 809.80, and 809.82, including requirements established by the department pursuant to these provisions, shall constitute a violation of the primary drinking water regulations for lead or copper, or both.

NR 809.541(9) (9) Premise owner notification of lead and copper results. Water suppliers shall provide owners or occupants of all premises used in the lead and copper monitoring program the analytical results of all samples collected at that site. If sample results at a sample location exceed 15 ug/L for lead and 1300 ug/L for copper, water supplier shall inform premise owners or occupants of health effects and measures necessary to lower lead or copper levels.

NR 809.541 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2013 No. 685; CR 15-049: am. (4) (c) Register March 2016 No. 723, eff. 4-1-16.