160.05(4)(4)Ranking within categories. The department shall rank each substance within its category. The department shall give highest rankings to those substances which pose the greatest risks to the health or welfare of persons in the state, taking into consideration, among other things, the following characteristics:
160.05(4)(a)(a) Carcinogenicity.
160.05(4)(b)(b) Teratogenicity.
160.05(4)(c)(c) Mutagenicity.
160.05(4)(d)(d) Interactive effects.
160.05(5)(5)Revision of substance lists. The department shall revise, as necessary, the ranking of substances within categories to include additional substances as they are reported, to reflect a change in the status of a substance which requires that it be placed in a different category or to remove from the list substances which are not shown to involve public health or welfare concerns or which do not have a reasonable probability of entering the groundwater.
160.05(6)(6)Public health concerns.
160.05(6)(a)(a) The department shall designate which of the substances in each category are of public health concern and which are of public welfare concern.
160.05(6)(b)(b) In determining whether a substance is of public health concern, the department shall take into account the degree to which the substance may:
160.05(6)(b)1.1. Cause or contribute to an increase in mortality;
160.05(6)(b)2.2. Cause or contribute to an increase in illness or incapacity, whether chronic or acute;
160.05(6)(b)3.3. Pose a substantial present or potential hazard to human health because of its physical, chemical or infectious characteristics; or
160.05(6)(b)4.4. Cause or contribute to other adverse human health effects or changes of a chronic or subchronic nature even if not associated with illness or incapacity.
160.05(6)(c)(c) In determining whether a substance is of public health concern, the department may consider other effects not specified under par. (b) if those effects are reasonably related to public health.
160.05(6)(d)(d) In determining whether a substance is of public welfare concern, the department shall take into account whether the substance may:
160.05(6)(d)1.1. Influence the aesthetic suitability of water for human use;
160.05(6)(d)2.2. Influence the suitability of water for uses other than human drinking water; or
160.05(6)(d)3.3. Have a substantial adverse effect on plant life or animal life.
160.05(6)(e)(e) In determining whether a substance is of public welfare concern, the department may consider additional characteristics not specified under par. (d) if those characteristics are reasonably related to public welfare.
160.05 HistoryHistory: 1983 a. 410.
160.07160.07Establishment of enforcement standards; substances of public health concern.
160.07(1)(1)The department of health services and the department shall enter into a memorandum of understanding setting forth the procedures and responsibilities of each agency in establishing enforcement standards under this section. The memorandum shall include those standards to be used by the department in making the designation required under s. 160.05 (6).
160.07(2)(2)Within 10 days after placing the name of a new substance within a category or changing the category of a substance under s. 160.05, the department shall submit the current list of categories and rankings of substances to the department of health services.
160.07(3)(3)The department of health services shall recommend to the department an enforcement standard for each substance submitted to it under sub. (2) which is designated as of public health concern, in the order of rankings within each category under s. 160.05 (4).
160.07(4)(4)The department of health services shall develop recommendations for enforcement standards for substances of public health concern as follows:
160.07(4)(a)(a) If a single federal number exists for a substance, the federal number shall be the enforcement standard.
160.07(4)(b)(b) If more than one federal number exists for a substance, the most recently established federal number representing the most current data shall be the enforcement standard.
160.07(4)(c)(c) If no federal number exists for a substance, but there is a state drinking water standard, the state drinking water standard shall be the enforcement standard.
160.07(4)(d)(d) If neither a federal number nor a state drinking water standard exists for a substance, the department of health services shall develop a recommended enforcement standard using the methodology under s. 160.13.