a. Seasonal systems that are monitored less frequently than monthly shall have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Water suppliers of seasonal systems shall collect compliance samples during this time period.
b. To be eligible for quarterly monitoring, seasonal systems shall meet the criteria in sub. (2m)(b).
c. To be eligible for annual monitoring, seasonal systems shall meet the criteria under sub. (2m)(c).
3. The department may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the seasonal system is not operating, except that seasonal systems that are monitored less frequently than monthly shall be monitored during the vulnerable period as designated by the department.
SECTION 56.
NR 809.31 (1) (e) is amended to read:
NR 809.31 (1) (e) Sample collection time intervals. Water suppliers for public water systems shall collect samples at regular time intervals throughout the month, except that for public water systems which use only groundwater and serve 1,0004,900 persons or fewer, may collect all required samples on a single day if the samples are taken from different sites.
SECTION 57.
NR 809.31 (1) (eg) and (er) are created to read: NR 809.31 (1) (eg) Minimum required number of samples after MCL violation or treatment technique trigger. Water suppliers shall take at least the minimum number of required samples even if the public water system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in s. NR 809.313. NR 809.31 (1) (er) Sampling in excess of requirements. Water suppliers may conduct more compliance monitoring than is required by this section to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. Water suppliers may take more than the minimum number of required routine samples and shall include the results in calculating whether the coliform treatment technique trigger in s. NR 809.313 has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system. SECTION 58.
NR 809.31 (1) (f) and (g) are amended to read: NR 809.31 (1) (f) Special purpose samples. Special purpose samples such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement or repair, may not be used to determinecompliance with the MCL for total coliforms in s. NR 809.30 whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to sub. (2) are not considered special purpose samples, and shall be used to determine whether the coliform treatment technique trigger has been exceededcompliance with the MCL for total coliforms in s. NR 809.30. NR 809.31 (1) (g) Analyses required after turbidity exceedances at selected systems. A water supplier for a public water system that uses surface water or groundwater under the direct influence of surface water as defined in s. NR 809.04 (3840), and does not provide filtration in compliance with s. NR 810.29, shall collect at least one sample in the distribution system near the first service connection each day one or more turbidity measurements of the source water obtained as specified in s. NR 810.38 (1) (c), exceeds 1 NTU. This sample shall be analyzed for the presence of total coliforms. The water supplier shall collect this coliform sample within 24 hours of the first exceedance unless the department determines that the water supplier, for logistical reasons beyond their control, cannot have the sample analyzed within 30 hours of collection. Results from this coliform monitoring shall be used to determine whether the coliform treatment technique trigger has been exceeded in s. NR 809.313. included in determining compliance with the MCL for total coliforms in s. NR 809.30. SECTION 59.
NR 809.31 (2) (a) and (b)(intro.) are amended to read:NR 809.31 (2) Repeat monitoring. (a) If a routine sample is total coliform-positive, the water supplier for a public water system shall collect a set of repeat samples within 24 hours of being notified of the positive result. For a public water system which is required to collect more than one routine sample per month aThe water supplier shall collect no fewer than 3 repeat samples for each total coliform-positive sample found. For a public water system which is required to collect one routine sample per month or fewer a water supplier shall collect no fewer than 4 repeat samples for each total coliform-positive sample found. The department may extend the 24-hour limit on a case-by-case basis if the water supplier has a logistical problem that is beyond its control in collecting the repeat samples within 24 hours. In the case of an extension, the department will shall specify how much time the water supplier has to collect repeat samples. The department may not waive the requirement for a water supplier to collect repeat samples in this par. or pars. (b) to (c).
NR 809.31 (2) (b) (intro.) The Unless the provisions of subds.1. and 2. are met, the water supplier shall collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within 5 service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If a total sample at a tap within 5 service connections upstream and at least one repeat sample at a coliform-positive sample is at the end of the distribution system, or one service conecction away from the end of the distribution system, the department may waive the location requirement to collect at least one repeat sample upstream or downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the water supplier shall take all required repeat samples. However, the department may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. Except as provided in subd. 2., public water systems required to conduct triggered source water monitoring under s. NR 809.325 shall take ground water source samples in addition to repeat samples required under this par. SECTION 60.
NR 809.31 (2) (b) 1., 2. and 3. are created to read: NR 809.31 (2) (b) 1. A water supplier may propose repeat monitoring locations to the department that the water supplier believes to be representative of a pathway for contamination of the distribution system. A water supplier may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The water supplier shall design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The department may modify the SOP or require alternative monitoring locations as needed.
NR 809.31 (2) (b) 2. A water supplier of a ground water system serving 1,000 or fewer people may propose repeat sampling locations to the department that differentiate potential source water and distribution system contamination (e.g., by sampling at entry points to the distribution system). A water supplier of a ground water system with a single well required to conduct triggered source water monitoring may, with written department approval, take one of the repeat samples at the monitoring location required for triggered source water monitoring under s. NR 809.325 if the water supplier demonstrates to the department’s satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the department, the water supplier may use that dual purpose sample result to meet the monitoring requirements in both s. NR 809.325 and this section. a. If a dual purpose repeat sample taken at the monitoring location required for triggered source water monitoring is E. coli-positive, the public water system has violated the E. coli MCL and shall also comply with s. NR 809.325(2)(e). If a water supplier takes more than one repeat sample at the monitoring location required for triggered source water monitoring, the water supplier may reduce the number of additional source water samples required under s. NR 809.325(2)(e) by the number of repeat samples taken at that location that were not E. coli-positive. b. If a water supplier takes more than one repeat sample at the monitoring location required for triggered source water monitoring under s. NR 809.325(2). and more than one repeat sample is E. coli-positive, the public water system has violated the E. coli MCL and shall comply with s. NR 809.327. c. If all repeat samples taken at the monitoring location required for triggered source water monitoring are E. coli-negative and a repeat sample taken at a monitoring location other than the one required for triggered source water monitoring is E. coli-positive, the public water system has violated the E. coli MCL, but is not required to comply with s. NR 809.325(2)(e). 3. (bm) The department may review, revise, and approve, as appropriate, repeat sampling proposed by water suppliers under subds. 1. and 2.. The water supplier shall demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The department may determine that monitoring at the entry point to the distribution system, especially at ground water systems without disinfection is effective to differentiate between potential source water and distribution system problems.
SECTION 61.
NR 809.31 (2) (c), (d), and (e) are amended to read:NR 809.31 (2) (c) For a groundwater system serving 1000 or fewer people, that takes 4 repeat samples under par (a), the water supplier Water suppliers at ground water systems may use a repeat sample, taken at the source or all of the sources serving the location of each routine positive sample, to meet the requirements of both this paragraph and s. NR 809.325(2)(d). In cases where more than one source serves the location of the routine positive sample or samples, repeat samples shall be taken from each of the sources to satisfy the requirements of this paragraph and s. NR 809.325(2)(d).
NR 809 31 (2) (d) The water supplier shall collect all repeat samples on the same day, except that the department may allow a water supplier for a public water system with a single service connection to collect the required set of repeat samples over a 43-day period or to collect a larger volume repeat sample in one or more sample containers of any size, as long as the total volume collected is at least 400 ml, or 300ml mLfor public water systems where water suppliers are reqired to collect more than one routine sample per month.
NR 809.31 (2) (e) If one or more repeat samples in the set is total coliform-positive, the water supplier shall collect an additional set of repeat samples in the manner specified in pars. (a) to (d). The additional set of samples shall be collected within 24 hours after the water supplier is notified of the positive result, unless the department extends the limit as provided in par. (a). The water supplier shall repeat this process until either total coliforms are not detected in one complete set of repeat samples or the water supplier determines that the MCL for total coliforms in s. NR 809.30 coliform treatment technique trigger specified in s. NR 809.313 has been exceeded and the water supplier notifies the department as specified in s. NR 809.80 (2). If a trigger identified in s. NR 809.313 is exceeded as a result of a routine sample being total coliform-positive, water suppliers are required to conduct only one round of repeat monitoring for each total coliform-positive routine sample. SECTION 62.
NR 809.31 (2) (f) (intro) is repealed and recreated to read: NR 809.31 (2)(f) (intro.) Water suppliers collecting samples on a quarterly or annual frequency shall conduct additional routine monitoring the month following one or more total coliform-positive samples regardless of whether the positive samples resulted in a Level 1 treatment technique trigger. Water suppliers shall collect at least three routine samples during the next month, after consultation with the department, except that the department may waive this requirement if the conditions of subds. 1., 2. or 3. of this paragraph are met. Water suppliers may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Water suppliers shall use the results of additional routine samples in coliform treatment technique trigger calculations under s. NR 809.313(1). SECTION 63.
NR 809.31 (2) (f) 1. and 2. are amended to read:NR 809.31 (2) (f) 1. The department may waive the requirement to collect 53 routine samples during the next month the public water system provides water to the public if the department performs a site visit before the end of the next month the public water system provides water to the public. Although a sanitary survey need not be performed, the site visit shall be sufficiently detailed to allow the department to determine whether additional monitoring or any corrective action is needed. The department may not approve an employee of the public water system to perform this site visit, even if the employee is an agent approved by the department to perform sanitary surveys.
NR 809.31 (2) (f) 2. The department may waive the requirement to collect 53 routine samples during the next month the public water system provides water to the public if the department has determined why the sample was total coliform positive and establishes that the water supplier has corrected the problem or will correct the problem before the end of the next month the public water system serves water to the public. In this case, the decision to waive the following month’s additional monitoring requirement will be documented in writing, signed by a qualified department official, and made available to the public. The written documentation shall describe the specific cause of the total coliform positive sample and what action the water supplier has taken or will take to correct this problem. The requirement to collect 5 routine samples during the next month the public water system provides water to the public shall not be waived solely on the grounds that all repeat samples are total coliform-negative. The water supplier shall still collect at least one routine sample before the end of the next month the public water system serves water to the public and use it to determine compliance with the MCL for total coliforms in s. NR 809.30, unless the department has determined that the water supplier corrected the contamination problem before the water supplier collected the set of repeat samples required in pars. (a) to (e) and all repeat samples were total coliform negative. SECTION 64.
NR 809.31 (2) (f) 3. is created to read: NR 809.31 (2) (f) 3. The requirement to collect 3 routine samples during the next month the public water system provides water to the public shall not be waived solely on the grounds that all repeat samples are total coliform-negative. The water supplier shall collect at least one routine sample before the end of the next month the public water system serves water to the public and use it to determine compliance with the treatment technique trigger for total coliforms in s. NR 809.31, unless the department has determined that the water supplier corrected the contamination problem before the water supplier collected the set of repeat samples required in pars. (a) to (e) and all repeat samples were total coliform negative. SECTION 65.
NR 809.31 (2) (h) is amended to read: NR 809.31 (2) (h) Results of all routine and repeat samples not invalidated by the department shall be included in determining compliance with the MCL for total coliforms in s. NR 809.30 and the minimum routine requirements of this section whether any coliform treatment technique triggers specified in s. NR 809.313 have been exceeded. If any trigger has been exceeded, water suppliers shall complete assessments as required in s. NR 809.313. SECTION 66.
NR 809.31 (2m) is created to read: NR 809.31 (2m) Increased Monitoring
(a) Increased monitoring requirements for public water systems on quarterly or annual monitoring. Except as specified in pars. (d) and (e), water suppliers at public water systems on quarterly or annual monitoring that experience any of the events identified in subds. 1. to 4. shall begin monthly monitoring the month following the event. A water supplier at a public water system on annual monitoring that experiences the event identified in subd. 5. shall begin quarterly monitoring the quarter following the event. The water supplier shall continue monthly or quarterly monitoring until the requirements in par. (b) for quarterly monitoring or par. (c) for annual monitoring are met. A public water system on monthly monitoring for reasons other than those identified in subds. 1. to 4. is not considered to be on increased monitoring for the purposes of pars. (b) and (c).
1. The public water system triggers a Level 2 assessment or two Level 1 assessments under the provisions of s. NR 809.313 in a rolling 12-month period. 2. The public water system has an E. coli MCL violation.
3. The public water system has a coliform treatment technique violation.
4. The public water system has two coliform monitoring violations in a rolling 12-month period, or is a non-community public water system and has one coliform monitoring violation and one Level 1 assessment under the provisions of s. NR 809.313 in a rolling 12-month period for a public water system on quarterly monitoring. 5. The public water system has one coliform monitoring violation for a public water system on annual monitoring. For transient non-community public water systems, the department may elect to not count monitoring violations under sub. (9) if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The water supplier shall collect the make-up sample in a different week than the routine sample for that monitoring period and shall collect the sample as soon as possible during the monitoring period, except that this is not allowed under par. (c). This authority does not affect the provisions of sub. (9) and s. NR 809.312(2). (b) Requirements for public water systems on increased monitoring to return to quarterly monitoring. The department may reduce the monitoring frequency for a public water system on monthly monitoring triggered under par. (a) to quarterly monitoring if the public water system meets the criteria in subds. 1. and 2.
1. Within the last 12 months, the public water system shall have a completed sanitary survey or a site visit by the department or a voluntary Level 2 assessment by a party approved by the department, be free of sanitary defects, and have a protected water source.
2. The public water system shall have a clean compliance history for a minimum of 12 months. For transient non-community public water systems, the department may elect to not count monitoring violations, as allowed under sub. (9), if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The water supplier shall collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period, except that this is not allowed under par. (c). This authority does not affect the provisions of sub. (9) and s. NR 809.312(2). (c) Requirements for systems on increased monitoring to qualify for annual monitoring. The department may reduce the monitoring frequency for a transient non-community public water system on increased monitoring under par. (a) if the transient non-community public water system meets the criteria in par. (d) and the criteria in subds. 1. and 2.
1. The department shall conduct an annual site visit and the water supplier shall correct all identified sanitary defects. The water supplier may substitute a voluntary Level 2 assessment conducted by a party approved by the department in place of the department’s annual site visit in any given year.
2. The water supplier shall have in place or adopt one or more additional enhancements to the water system barriers to contamination in subds. 2.a. to 2.e.
a. Cross connection control, as approved by the department.
b. Regular visits by a circuit rider approved by the department.
c. Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the department.
d. Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under s. NR 809.327(4). e. Other equivalent enhancements to public water system barriers to contamination as approved by the department.
(d) Allowance for transient non-community water systems to monitor annually. The department may allow water suppliers at transient non-community water systems to monitor annually for total coliform and E. coli following conditions that would require increased monitoring under par. (a), provided the water supplier meets the requirements of subds. 1. or 2.
1. For water systems that began operation and conducted coliform monitoring prior to April 1, 2016, the water supplier shall have done all of the following:
a. Completed all required total coliform monitoring in the previous calendar year.
b. Received a sanitary survey within the previous 5 years.
c. Corrected all significant deficiencies or is following a department agreed upon schedule for correcting all significant deficiencies.
d. Received a level 2 assessment within 30 days of any level 1 assessment trigger identified after April 1, 2016, and
corrected all sanitary defects or is following a department agreed upon schedule for correcting all sanitary defects.
e. Completed all repeat sampling requirements associated with any total coliform positive identified after April 1, 2016.
f. Had no E. coli MCL exceedances in the previous 2 years.
2. For public water systems that began operation or began coliform monitoring on or after April 1, 2016, the water supplier shall meet all of the requirements of subd. 1 and shall have completed at least one year of coliform monitoring at a frequency of no less than quarterly.
(e) Allowance for non-transient non-community water systems to monitor quarterly. The department may allow a water supplier of a non-transient non-community water system to monitor quarterly for total coliform and E. coli following conditions that would require increased monitoring under par. (a), provided the water supplier meets the same requirements specified for transient non-community water systems in pars. (d)1.a. to f.
