NR 809.35(2)(a) (a) At the discretion of the department, community water systems may be designated as demonstrating outstanding performance and eligible for a reduced frequency of sanitary surveys. For community water systems determined by the department to have outstanding performance based on prior sanitary surveys, subsequent sanitary surveys may be conducted no less than every five years. The following criteria shall be used to determine outstanding performance:
NR 809.35(2)(a)1. 1. No violations of MCLs since the last sanitary survey.
NR 809.35(2)(a)2. 2. No violations of monitoring and reporting requirements since the last sanitary survey.
NR 809.35(2)(a)3. 3. No violations of primary drinking water regulations during the past five years or similar time period.
NR 809.35(2)(a)4. 4. No significant deficiencies shall have been identified in the current sanitary survey or the previous sanitary survey.
NR 809.35(2)(a)5. 5. Existence of emergency preparedness measures and backup facilities.
NR 809.35(2)(a)6. 6. Expert operation and management of the public water system, for example, skilled, certified personnel in adequate numbers, existence of quality O&M manuals that are used by the staff; adequate budget and revenues.
NR 809.35(2)(a)7. 7. Effective cross-connection program developed and implemented.
NR 809.35(2)(a)8. 8. Stable water source with no significant interruptions in supply.
NR 809.35(3) (3) Information availability. A water supplier shall provide the department any existing information that will enable the department to conduct a sanitary survey.
NR 809.35(4) (4) Survey details. A sanitary survey, as conducted by the department under this section, includes but is not limited to, an onsite review of the water sources facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the public water system, its sources and operations and the distribution of safe drinking water. In addition, the department shall identify sources of potential contamination by using results of source water monitoring assessments or other relevant information.
NR 809.35(5) (5) Components of a survey. The sanitary survey shall include an evaluation of all or the applicable components listed in pars. (a) to (h):
NR 809.35(5)(a) (a) Source.
NR 809.35(5)(b) (b) Treatment.
NR 809.35(5)(c) (c) Distribution system.
NR 809.35(5)(d) (d) Finished water storage.
NR 809.35(5)(e) (e) Pumps, pump facilities, and controls.
NR 809.35(5)(f) (f) Monitoring, reporting, and data verification.
NR 809.35(5)(g) (g) Public water system management and operation.
NR 809.35(5)(h) (h) Operator compliance with department requirements.
NR 809.35 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (4) Register March 2016 No. 723, eff. 4-1-16.
NR 809.50 NR 809.50Maximum contaminant levels, compliance dates and BATs for radionuclides. The following are the maximum contaminant levels, compliance dates and best available technologies for radium-226, radium-228 and gross alpha particle radioactivity:
NR 809.50(1) (1) Maximum contaminant levels for radionuclides. The following are the maximum contaminant levels for radium-226, radium-228 and gross alpha particle radioactivity:
NR 809.50(1)(a) (a) MCL for combined radium-226 and radium-228. The maximum contaminant level for combined radium-226 and radium-228 is 5 pCi/l. The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.
NR 809.50(1)(b) (b) MCL for gross alpha particle activity, excluding radon and uranium. The maximum contaminant level for gross alpha particle activity, including radium-226 but excluding radon and uranium, is 15 pCi/l.
NR 809.50(1)(c) (c) MCL for uranium. The maximum contaminant level for uranium is 30 ug/l.
NR 809.50(2) (2) Compliance dates for combined radium-226 and radium-228, gross alpha particle activity, gross beta particle and photon radioactivity and uranium. Community water systems shall comply with the MCLs listed in sub. (1) and with s. NR 809.51 (1) beginning December 8, 2003 and compliance shall be determined in accordance with the requirements of ss. NR 809.50 and 809.51. Compliance with reporting requirements for the radionuclides under Appendix A to subch. VII is required on and after December 8, 2003.
NR 809.50(3) (3) Best available technologies (BATs) for radionuclides.
NR 809.50(3)(a)(a) The department identifies, as indicated in the following table, the best available technology for achieving compliance with the maximum contaminant levels for combined radium-226 and radium-228, uranium, gross alpha particle activity and beta particle and photo radioactivity. A community water system that shall treat to reduce radionuclide levels below the MCLs specified in sub. (1) or s. NR 809.51 shall achieve compliance using one of the methods listed in Table J, Table K or Table L.
NR 809.50(4) (4) Small water systems compliance technologies for radionuclides.
NR 809.50(4)(a)(a) The department identifies, as indicated in the following table, the best available technology for achieving compliance with the maximum contaminant levels for combined radium-226 and radium-228, uranium, gross alpha particle activity and beta particle and photo radioactivity for small systems serving a population of 10,000 or less:
NR 809.50(4)(b) (b) Point of Use (POU) treatment may only be allowed if the department determines that treatment prior to entry is not feasible.
NR 809.50(5) (5) Alternative treatment. The department may approve the use of alternative treatment not listed in subs. (3) and (4), if a water supplier demonstrates to the department, using pilot studies or other means, that the alternative treatment is sufficient to achieve compliance with the MCLs in sub. (1).
Table J
BAT for Combined Radium-226 and Radium-228,
Uranium, Gross Alpha Particle Activity, and Beta Particle and Photon Radioactivity - See PDF for table PDF - See PDF for table PDF
1 National Research Council (NRC). Safe Water from Every Tap: Improving Water Service to Small Communities. National Academy Press, Washington, D.C. 1997.
2 POU devices are typically installed at the kitchen tap. See the April 21, 2000 NODA for more details.
Limitations Footnotes: Technologies for Radionuclides:
a The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be carefully considered before choosing this technology.
b When POU devices are used for compliance, programs for long-term operation, maintenance, and monitoring shall be provided by water utility to ensure proper performance.
c Reject water disposal options should be carefully considered before choosing this technology. See other RO limitations described in the SWTR Compliance Technologies Table.
d The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems.
e Removal efficiencies can vary depending on water quality.
f This technology may be very limited in application to small water systems. Since the process requires static mixing, detention basins, and filtration, it is most applicable to small water systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place.
g This technology is most applicable to small water systems that already have filtration in place.
h Handling of chemicals required during regeneration and pH adjustment may be too difficult for small water systems without an adequately trained operator.
i Assumes modification to a coagulation/filtration process already in place. - See PDF for table PDF
1 Numbers correspond to those technologies found listed in the Table K of s. NR 809.50 (4).
NR 809.50 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (4) Table K Register March 2016 No. 723, eff. 4-1-16.
NR 809.51 NR 809.51Beta particle and photon radioactivity from man-made radionuclides maximum contaminant levels.
NR 809.51(1)(1)Allowable dose. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 millirem/year.
NR 809.51(2) (2) MCL calculation. Except for the radionuclides listed in Table M, the concentration of man–made radionuclides causing 4 mrem total body or organ dose equivalents shall be calculated on the basis of a 2 liter per day drinking water intake using the 168 hour data listed in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or Water for Occupational Exposure", NBS Handbook 69 as amended August, 1963, U.S. Department of Commerce. Copies of this document are available for inspection at the office of the department of natural resources, the secretary of state's office and the office of the revisor of statutes, and may be obtained for personal use from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. If 2 or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ may not exceed 4 millirem/year. - See PDF for table PDF
NR 809.51 Note Note: Sections ss. NR 809.50 to 809.52 are identical to the radioactivity standards of the department of health services in ch. DHS 157, Wis. Adm. Code, and to the National Interim Primary Drinking Water Regulations, 40 CFR part 141. These sections are adopted pursuant to s. 254.34, Stats.
NR 809.51 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.
NR 809.52 NR 809.52Analytical methods for radionuclides.
NR 809.52(1)(1)Analytical methods. Analyses conducted to determine compliance with ss. NR 809.50 and 809.51 shall be made in accordance with approved methods listed in Table N. - See PDF for table PDF
1 “Prescribed Procedures for Measurement of Radioactivity in Drinking Water", EPA-600/4-80/032. August, 1980. Available from the EMSL, Office of Research and Development, U.S. EPA, 26 W. Martin Luther King Drive, Cincinnati, Ohio, 45268.
2 “Interim Radiochemical Methodology for Drinking Water", EPA 600/4-75/008 (revised), March 1976, Available at NTIS, ibid PB 253258.
3 “Radiochemistry Procedures Manual", EPA 520/5-84/006, December 1987, Available at NTIS, ibid, PB 84-215581
4 “Radiochemical Analytical Procedures for Analysis of Environmental Samples", March 1979, Available at NTIS, ibid, EMSL LV 053917
5 “Standard Methods for the Examination of Water and Wastewater," 13th, 17th, 18th, 19th, 20th, 21st, or 22nd, edition, 1971, 1989, 1992, 1995, 1998, 2005, 2012, available at American Public Health Association, 800 I Street NW., Washington, DC. 20001-3710. Methods 302, 303, 304, 305 and 306 are only in the 13th edition. Methods 7110B, 7500-Ra B, 7500-Ra C, 7500-Ra D, 7500-U B, 7500-Cs B, 7500-I B, 7500-I C, 7500-I D, 7500-Sr B, and 7500-3H B are in the 17th, 18th, 19th 20th, 21 st, and 22nd editions. Method 7110 C and 7500-U C Alpha spectrometry is in the 18th, 19th, 20 th, 21st, and 22nd editions. Method 7500-U C Fluorometric Uranium is only in the 17th edition, Method 7120 is only in the 19th and 20th editions. Method 3125 is only in the 20th edition. Standard Methods online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.
6 Annual Book of ASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
7 “Methods for Determination of Radioactive Substances in Water and Fluvial Sediments", Chapter A 5 in Book 5 of Techniques of Water Resources Investigations of the United States Geological Survey, 1997. Available at U.S. Geological Survey (USGS) Information Services, Box 25286 Federal Center, Denver, CO 80225-0425.
8 “EML Procedures Manual", 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of Energy (DOE), 376 Hudson Street, New York, NY 10014-3621.
9 “Determination of Ra-226 and Ra-228 (Ra-02)", January 1980, Revised June 1982. Available at Radiological Sciences Institute Center for Laboratories and Research, New York State Department of Health, Empire State Plaza, Albany, NY 12201.
10 “Determination of Radium 228 in Drinking Water", August 1980. Available at State of New Jersey, Department of Environmental Protection, Division of Environmental Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing Street, Trenton, N.J. 08625.
11 Natural uranium and thorium-230 or approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation methods, americium-241 is approved with co-precipitation methods.
12 If uranium (U) is determined by mass a 0.67 pCi/g of uranium conversion factor shall be used. This conservative factor is based on the 1:1 activity ratio of U-234 to U-238 that is characteristic of naturally occurring uranium.
NR 809.52(2) (2) Detection limits. To determine compliance with s. NR 809.50 (1), the detection limit may not exceed the concentrations in Table O.
Table O
Detection Limits for Gross Alpha Particle Activity,
Radium 226, Radium 228, and Uranium - See PDF for table PDF
NR 809.52(3) (3) Results rounding. To judge compliance with the maximum contaminant levels listed in s. NR 809.50, averages of data shall be used and shall be rounded to the same number of significant figures as the maximum contaminant level for the substance in question.
NR 809.52(4) (4) Sensitivity limits. For the purpose of monitoring radionuclide concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration which can be counted with a precision of plus or minus 100% at the 95% confidence level, 1.96 ó where ó is the standard deviation of the net counting rate of the sample.
NR 809.52(5) (5) Detection limits for man-made beta particle and photon emitters. To determine compliance with s. NR 809.51, the detection limits may not exceed the concentrations listed in Table P. - See PDF for table PDF
NR 809.52 Note Note: Sections NR 809.50 to 809.52 are identical to the radioactivity standards of the department of health services in ch. DHS 157, Wis. Adm. Code, and to the National Interim Primary Drinking Water Regulations, 40 CFR part 141. These sections are adopted pursuant to s. 254.34, Stats.
NR 809.52(6) (6) Sample collection methods. Sample collection for radionuclide contaminants under s. NR 809.50 shall be conducted using the sample preservation, containers and maximum holding time procedures specified in Table Q. If a composite sample is prepared, a holding time cannot exceed 12 months. In all cases, samples should be analyzed as soon after collection as possible. - See PDF for table PDF
1 It is recommended that the preservative be added to the sample at the time of collection unless suspended solids activity is to be measured. If the sample has to be shipped to a laboratory or storage area unpreserved, acidification of the sample (in its original container) may be delayed for a period not to exceed 5 days. A minimum of 16 hours shall elapse between acidification and analysis.
2 P = Plastic, hard or soft; G = Glass, hard or soft.
NR 809.52 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 15-049: am. (1) Table N Register March 2016 No. 723, eff. 4-1-16.
NR 809.53 NR 809.53Radionuclide monitoring frequency and compliance requirements for community water systems.
NR 809.53(1)(1)Monitoring requirements for gross alpha particle activity, radium-226, radium-228 and uranium.
NR 809.53(1)(a)(a) Detection limits. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, uranium and beta particle and photon radioactivity in drinking water, “detection limit" is defined in s. NR 809.52 (4).
NR 809.53(1)(b) (b) Applicability and sampling location. Community water system applicability and sampling location requirements shall be as follows:
NR 809.53(1)(b)1. 1. Applicability and sampling location for existing community water systems or sources. All water suppliers for existing community water systems shall sample at every entry point to the distribution system that is representative of all sources being used, under normal operating conditions. The water supplier shall take each sample at the same location unless conditions make another location more representative of each source or the department has designated a distribution system location, in accordance with par. (c) 2. c.
NR 809.53(1)(b)2. 2. Applicability and sampling location for new community water systems or sources. Water suppliers for all new community water systems or community water systems that use a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source. Water suppliers shall conduct more frequent monitoring when ordered by the department in the event of possible contamination or when changes in the distribution system or treatment processes occur which may increase the concentration of radionuclides in finished water.
NR 809.53(1)(c) (c) Initial monitoring. Water suppliers for community water systems shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228 and uranium as follows:
NR 809.53(1)(c)1. 1. Except as provided in subd. 2., water suppliers shall collect 4 consecutive quarterly samples at all sampling points before December 31, 2007.
NR 809.53(1)(c)2. 2. As an alternative to the requirement of subd. 1., water suppliers may use historical monitoring data collected at a sampling point to satisfy the initial monitoring requirements for that sampling point for the following situations:
NR 809.53(1)(c)2.a. a. To satisfy initial monitoring requirements, a water supplier for a community water system having only one entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 1, 2000 and December 8, 2003.
NR 809.53(1)(c)2.b. b. To satisfy initial monitoring requirements, a water supplier for a community water system with multiple entry points and having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 1, 2000 and December 8, 2003.
NR 809.53(1)(c)2.c. c. To satisfy initial monitoring requirements, a water supplier for a community water system with appropriate historical data for a representative point in the distribution system may use the monitoring data from the last compliance monitoring period that began between June 1, 2000 and December 8, 2003, provided that the department finds that the historical data satisfactorily demonstrate that each entry point to the distribution system is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of contaminant levels between entry points. The department shall make a written finding indicating how the data conforms to these requirements.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.