• Monitoring costs for small businesses are expected to stay the same. Sample analysis expenses are offered free of charge by the Wisconsin State Lab of Hygiene.
• Due to the elimination of boil water orders for non-acute coliform events, small businesses will see a modest decrease in costs in those situations.
• Most of the increases in costs of the proposed rule are incurred by the state due to the new requirement for formal assessments triggered by coliform events.
• The requirement for seasonal system start-up procedures may add a modest cost to small non-community systems if owners of these systems discover items they need to fix. There is also a cost associated with flushing plumbing with well water until it becomes clear each year.
10. Effect on small business:
Economic impacts of this rule will be moderate. Due to the elimination of boil water orders for non-acute coliform events, small businesses will see a modest decrease in costs in those situations. The requirement for seasonal system start-up procedures may add a modest cost to businesses if owners of these systems discover items they need to fix. There is also a cost associated with flushing plumbing with well water until it becomes clear each year.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs under s. 45.03 (2m), Stats., for rules proposed by the Department of Veterans Affairs: [if not applicable, so state] Not applicable.
12. Agency Contact (include email and telephone number):
Steve Elmore
Bureau of Drinking Water and Groundwater
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-9246
13. Place where comments are to be submitted and deadline for submission.
Steve Elmore
Bureau of Drinking Water and Groundwater
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-9246
Deadline for comments is July 22, 2015
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SECTION 1.
NR 809.03 is amended to read:NR 809.03 Applicability. The provisions of this chapter shall apply to all new and existing public water systems and, water suppliers, and laboratories certified to analyze drinking water.
SECTION 2.
NR 809.04 (2g) and (2r) are created to read:NR 809.04 (2g) “Circuit rider” means a roving technical expert employed by a state rural water association to provide training and assistance to rural and small water utilities within the state.
NR 809.04 (2r) “Clean compliance history” means a record of no E. coli MCL violations under s. NR 809.31; no monitoring violations under s. NR 809.312; and no coliform treatment technique trigger exceedances or treatment technique violations under s. NR 809.313. SECTION 3.
NR 809.04 (5), (6), (7), and (8) are amended to read: NR 809.04 (5) “Community water system” or “CWS” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any public water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered is a community water system unless information is available to indicate that 25 year-round residents will not be served.
NR 809.04 (6) “Compliance cycle” means the 9-year calendar year cycle during which public water systems shall monitor. Each compliance cycle consists of 3, 3 year compliance periods. The first compliance cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.
NR 809.04 (7) “Compliance period” means a 3-year calendar year period within a compliance cycle. Each compliance cycle has 3, 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001.
NR 809.04 (8) “Comprehensive performance evaluation” or “CPE” means a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purposes of compliance with this chapter, the comprehensive performance evaluation shall consist consists of at least the following components: Assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.
SECTION 4.
NR 809.04 (15) is amended to read: NR 809.04 (15) “CT” or “CTcalc” is the product of the residual disinfectant concentration (C) in mg/l determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, i.e., “C” x “T”. If a public water system applies disinfectants at more than one point prior to the first customer, it shall determine the CT of each disinfectant sequence before or at the first customer, to determine the total percent inactivation or “total inactivation ratio.” The inactivation ratio for a single disinfectant sequence is:
where “CTtable” is the CT value required for the target organism and the target level of inactivation as contained in ss. NR 810.47 to 810.61. The sum of the inactivation ratios, or total inactivation ratio for a series of disinfection sequences is: and is calculated by adding together the inactivation ratio for each disinfection sequence. In determining the total inactivation ratio, the water supplier shall determine determines the residual disinfectant concentration of each sequence and corresponding contact time before any subsequent disinfection application points. A total inactivation ratio equal to or greater than 1.0 is assumed to provide the target level of disinfection of the target organism.
SECTION 5.
NR 809.04 (19)(b) is amended to read:NR 809.04 (19) “Disinfectant contact time” (“T” in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (“C”) is measured. Where only one “C” is measured, “T” is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or where residual disinfectant concentration (“C”) is measured. Where more than one “C” is measured, “T” is:
(a) For the first measurement of “C”, the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first “C” is measured; and
(b) For subsequent measurements of “C”, the time in minutes that it takes for water to move from the previous “C” measurement point to the “C” measurement point for which the particular “T” is being calculated. Disinfectant contact time in pipelines shall be is calculated based on “plug flow” by dividing the internal volume of the pipe by the maximum hourly flow rate through the pipe. Disinfectant contact time within mixing basins and storage reservoirs shall be determined by tracer studies or other department approved equivalent demonstration
SECTION 6.
NR 809.04 (24m) is created to read:
NR 809.04 (24m) “Dual purpose sample” means a repeat coliform sample collected at the groundwater source to meet requirements for both triggered source water monitoring, and repeat coliform monitoring following a routine positive distribution sample. It is only allowed at groundwater systems serving a population of less than 1,000 people.
SECTION 7.
NR 809.04 (37) is amended to read: NR 809.04 (37) “GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency of GAC10 used as a best available technology for compliance with MCLs at LRAA monitoring locations is every 120 days.
SECTION 8.
NR 809.04 (37m), (42m), (46m), (47g), and (47r) are created to read: NR 809.04 (37m) “GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.
NR 809.04 (42m) “Human consumption” means drinking; bathing, including all personal hygiene needs in a home, business, or school setting; showering; hand washing; cooking; dishwashing; and maintaining oral hygiene.
NR 809.04 (46m) “Learns of the violation” for the purpose determining public notification timing requirements under Subchapter VII means any of the following:
(a) The date that a laboratory notifies a water supplier of results demonstrating exceedances of MCLs, MRDLs, or action levels.
(b) The day after a specified deadline in NR 809, for violation of deadlines that are not related to MCL, MRDL or action level exceedances.
(c) The date on which the violation, incident, or condition occurred, for any other type of violation, incident, or condition requiring public notification.
(d) The date specified in writing by the department to the water supplier.
NR 809.04 (47g) “Level 1 assessment” means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the system triggered the assessment. It is triggered by total coliform detections under s. NR 809.31. It is conducted by the system operator or owner.
NR 809 (47r) “Level 2 assessment” means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and, when possible, the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system, including the system’s monitoring and operational practices, than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the department, which may include the system operator.
SECTION 9.
NR 809.04 (52) is amended to read:
NR 809.04 (52) “Maximum contaminant level goal” or “MCLG” means the maximum level of a contaminant in drinking water at which no known or anticipated adverse affecteffect on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are non-enforceable health goals, unless the department determines that action is necessary to protect public health.
SECTION 10.
NR 809.04 (59m) and (note) is created to read:
NR 809.04 (59m) “Performance evaluation sample” means a reference sample provided to a laboratory for the purpose of demonstrating that the laboratory can successfully analyze the sample within limits of performance specified by the department. The true value of the concentration of the reference material is unknown to the laboratory at the time of the analysis.
