NR 809.547(4)(d)8.c.c. The water supplier for a public water system may reduce the number of water quality parameter tap water samples required in accordance with s. NR 809.548 (5) (a) and the frequency with which they collect such samples in accordance with s. NR 809.548 (5) (b). The water supplier may not resume triennial monitoring for water quality parameters at the tap until the public water system demonstrates, in accordance with the requirements of s. NR 809.548 (5) (b), that the public water system has re-qualified for triennial monitoring.

NR 809.547(4)(d)9.9. The water supplier for a public water system subject to a reduced monitoring frequency under this paragraph that either adds a new source of water or changes any water treatment shall inform the department in writing in accordance with s. NR 809.55 (1) (e). The department may require the water supplier to resume sampling in accordance with sub. (2) (c) and collect the number of samples specified for standard monitoring under sub. (3) or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

NR 809.547(5)(5) Additional monitoring by water suppliers. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the water supplier and the department in making any determinations, i.e., calculating the 90th percentile lead or copper level, under this subchapter.

NR 809.547(6)(6) Invalidation of lead or copper tap water samples. A sample invalidated under this subsection does not count toward determining lead or copper 90th percentile levels under s. NR 809.54 (3) (c) or toward meeting the minimum monitoring requirements of sub. (3).

NR 809.547(6)(a)1.1. The laboratory establishes that improper sample analysis caused erroneous results.

NR 809.547(6)(a)2.2. The department determines that the sample was taken from a site that did not meet the site selection criteria of this section.

NR 809.547(6)(a)3.3. The sample container was damaged in transit.

NR 809.547(6)(a)4.4. There is substantial reason to believe that the sample was subject to tampering.

NR 809.547(6)(b)(b) The water supplier shall report the results of all samples to the department and all supporting documentation for samples the water supplier believes should be invalidated.

NR 809.547(6)(c)(c) To invalidate a sample under par. (a), the decision and the rationale for the decision shall be documented in writing. The department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

NR 809.547(6)(d)(d) The water supplier shall collect replacement samples for any samples invalidated under this subsection if, after the invalidation of one or more samples, the public water system has too few samples to meet the minimum requirements of sub. (3). Any replacement samples shall be taken as soon as possible, but no later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period may not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

NR 809.547(7)(7) Monitoring waivers for small water systems. The water supplier of any small water system that meets the criteria of this subsection may apply to the department to reduce the frequency of monitoring for lead and copper under this section to once every 9 years, also known as a “full waiver,” if the public water system meets all of the materials criteria specified in par. (a) and all of the monitoring criteria specified in par. (b). If department rules permit, the water supplier for any small water system that meets the criteria in pars. (a) and (b) only for lead, or only for copper, may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only, also known as a “partial waiver.”

NR 809.547(7)(a)(a) Materials criteria. The water supplier shall demonstrate that the distribution system of their public water supply system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the public water system, are free of lead-containing materials or copper-containing materials, as those terms are defined in this paragraph, as follows:

NR 809.547(7)(a)1.1. ‘Lead waiver.’ To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead, known as a “lead waiver,” the water supplier shall provide certification and supporting documentation to the department that the public water system is free of all lead-containing materials, and complies with all of the following:

NR 809.547(7)(a)1.b.b. The public water system is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established pursuant to 42 USC 300g-6(e).

NR 809.547(7)(a)2.2. ‘Copper waiver.’ To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper, hereafter known as a “copper waiver,” the water supplier shall provide certification and supporting documentation to the department that the public water system contains no copper pipes or copper service lines.

NR 809.547(7)(b)(b) Monitoring criteria for waiver issuance. The water supplier for the public water system shall have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by sub. (3) and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the public water system became free of all lead-containing and copper-containing materials, as appropriate, meet the following criteria:

NR 809.547(7)(b)1.1. ‘Lead waiver.’ To qualify for a lead waiver, the water supplier shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

NR 809.547(7)(b)2.2. ‘Copper waiver.’ To qualify for a copper waiver, the water supplier shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

NR 809.547(7)(c)(c) Department approval of waiver application. The department shall notify the water supplier of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the water supplier to perform specific activities, such as limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver, to avoid the risk of lead or copper concentration of concern in tap water. The water supplier for the small water system shall continue monitoring for lead and copper at the tap as required by sub. (4) (a) to (d), as appropriate, until water supplier receives written notification from the department that the waiver has been approved.

NR 809.547(7)(d)1.1. A water supplier with a full waiver shall conduct tap water monitoring for lead and copper in accordance with sub. (4) (d) 4. at the reduced number of sampling sites identified in sub. (3) at least once every 9 years and provide the materials certification specified in par. (a) for both lead and copper to the department along with the monitoring results.

NR 809.547(7)(d)2.2. A water supplier with a partial waiver shall conduct tap water monitoring for the waived contaminant in accordance with sub. (4) (d) 4. at the reduced number of sampling sites specified in sub. (3) at least once every 9 years and provide the materials certification specified in par. (a) pertaining to the waived contaminant along with the monitoring results. The water supplier shall also continue to monitor for the non-waived contaminant in accordance with requirements of sub. (4) (a) to (d), as appropriate.

NR 809.547(7)(d)3.3. Any water supplier for a public water system with a full or partial waiver shall notify the department in writing in accordance with s. NR 809.55 (1) (c) 3. of any upcoming long-term change in treatment or addition of a new source, as described in that section. The department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the public water system. The department has the authority to require the public water system to add or modify waiver conditions. The department may require recertification that the public water system is free of lead-containing or copper-containing materials, or both, and may require additional rounds of monitoring, if it deems the modifications are necessary to address treatment or source water changes at the public water system.

NR 809.547(7)(d)4.4. If a water supplier for a public water system with a full or partial waiver becomes aware that the public water system is no longer free of lead-containing or copper-containing materials as a result of new construction or repairs, the water supplier shall notify the department in writing no later than 60 days after becoming aware of a change.

NR 809.547(7)(e)(e) Continued eligibility. If the public water system continues to satisfy the requirements of par. (d), the waiver shall be renewed automatically, unless any of the conditions listed in subds. 1. to 3. occurs. A water supplier for a public water system whose waiver has been revoked may re-apply for a waiver at the time the public water system again meets the appropriate materials and monitoring criteria of pars. (a) and (b).