Section 809.55. Reporting requirements for lead and copper.

  All water suppliers shall report all of the following information to the department in accordance with this section:

(1)   Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

(a) All lead samples that are detected shall be quantified. Any sample below the method detection limit shall be calculated at zero for the purposes of determining compliance with s. NR 809.54 (3) (c) .

(b) All copper samples that are detected shall be quantified. Any sample below the method detection limit shall be calculated as zero for the purposes of determining compliance with s. NR 809.54 (3) (c) .

(c) Except as provided in subd. 8. , a water supplier shall report the following information for all tap water samples specified in s. NR 809.547 and for all water quality parameter samples specified in s. NR 809.548 within the first 10 days following the end of each applicable monitoring period specified in ss. NR 809.547 , 809.548 and 809.549 , which is 6 months, annually, every 3 years, or every 9 years:

1. The results of all tap samples for lead and copper including the location of each site and the criteria under s. NR 809.547 (1) (c) , (d) , (e) , (f) or (g) under which the site was selected for the public water system's sampling pool. For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during that period as specified in ss. NR 809.547 and 809.548 .

2. Documentation for each tap water lead or copper sample for which the water supplier requests invalidation pursuant to s. NR 809.547 (6) (b) .

3. At a time specified by the department, or if no specific time is designated by the department, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a water supplier for a public water system deemed to have optimized corrosion control under s. NR 809.542 (2) (c) , a public water system subject to reduced monitoring pursuant to s. NR 809.547 (4) (d) , or a public water system subject to a monitoring waiver pursuant to s. NR 809.547 (7) shall submit written documentation to the department describing the change or addition. The department must review and approve the addition of a new source or long-term change in treatment to the public water system before it is implemented by the water supplier. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants, for example, alum to ferric chloride, and switching corrosion inhibitor products, for example, orthophosphate to blended phosphate. Long-term changes may include dose changes to existing chemicals if the water supplier is planning long-term changes to the public water system finished water pH or residual inhibitor concentration. Long-term treatment changes may not include chemical dose fluctuations associated with daily raw water quality changes.

4. The 90 th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, calculated in accordance with s. NR 809.54 (3) (c) , unless the department calculates the public water system's 90 th percentile lead and copper levels under sub. (8) .

5. With the exception of initial tap sampling conducted pursuant to s. NR 809.547 (4) (a) , the water supplier shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

6. The results of all tap samples for pH and, where applicable, alkalinity, calcium, conductivity, temperature and orthophosphate or silica collected under s. NR 809.548 (2) to (5) ;

7. The results of all samples collected at the entry points to the distribution system for applicable water quality parameters under s. NR 809.548 (2) to (5) .

8. A water supplier shall report the results of all water quality parameter samples collected under s. NR 809.548 (3) to (5) during each 6-month monitoring period specified in s. NR 809.548 (4) within the first 10 days following the end of the monitoring period unless the department has specified a more frequent reporting requirement.

(d) For the water supplier of a non-transient non-community water system, or the water supplier of a community water system meeting the criteria of s. NR 809.546 (2) (g) 1. and 2. , that does not have enough taps that can provide first-draw samples, the water supplier shall complete one of the following:

1. Provide written documentation to the department identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under s. NR 809.547 (1) by the start of the first applicable monitoring period under s. NR 809.547 (4) that commences after April 11, 2000, unless the department has waived prior departmental approval of non-first-draw sample sites selected by the water supplier pursuant to s. NR 809.547 (2) (e) .

2. If the department has waived prior approval of non-first-draw sample sites selected by the water supplier, identify, in writing, each site that did not meet the 6-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to s. NR 809.547 (2) (e) and include this information with the lead and copper tap sample results required to be submitted pursuant to par. (c) 1.

(e) No later than 60 days after the addition of a new source or any change in water treatment, unless the department requires earlier notification, a water supplier for a public water system deemed to have optimized corrosion control under s. NR 809.542 (2) (c) , a public water system subject to reduced monitoring pursuant to s. NR 809.547 (4) (d) , or a public water system subject to a monitoring waiver pursuant to s. NR 809.547 (7) , shall send written documentation to the department describing the change.

(f) The water supplier of any small water system applying for a monitoring waiver under s. NR 809.547 (7) or subject to a waiver granted pursuant to s. NR 809.547 (7) (c) , shall provide the following information to the department in writing by the specified deadline:

1. By the start of the first applicable monitoring period in s. NR 809.547 (4) , the water supplier of any small water system applying for a monitoring waiver shall provide the documentation required to demonstrate that the public water system meets the waiver criteria of s. NR 809.547 (7) (a) and (b) .

2. No later than 9 years after the monitoring previously conducted pursuant to s. NR 809.547 (7) (b) or (d) 1. , the water supplier of each small water system desiring to maintain the monitoring waiver for a public water system shall provide the information required by s. NR 809.547 (7) (d) 1. and 2.

3. No later than 60 days after the water supplier becomes aware that the public water system is no longer free of lead-containing or copper-containing material, as appropriate, the water supplier of each small water system with a monitoring waiver shall provide written notification to the department, setting forth the circumstances resulting in the lead-containing and copper-containing materials being introduced into the public water system and what corrective action, if any, the water supplier plans to remove these materials.

4. The water supplier of any small water system with a waiver granted prior to April 11, 2000 and that has not previously met the requirements of s. NR 809.547 (7) (b) shall provide the information required by that paragraph as required by the department.

(g) The water supplier for each groundwater system that limits water quality parameter monitoring to a subset of entry points under s. NR 809.548 (3) (c) shall provide, by the commencement of the monitoring, written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the public water system.

(2)   Source water monitoring reporting requirements.

(a) A water supplier shall report the sampling results for all source water samples collected in accordance with s. NR 809.549 within the first 10 days following the end of each source water monitoring period, i.e., annually, per compliance period, per compliance cycle specified in s. NR 809.549 .

(b) With the exception of the first round of source water sampling conducted pursuant to s. NR 809.549 (2) , the water supplier shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

(3)   Corrosion control treatment reporting requirements. By the applicable dates under s. NR 809.542 , the water supplier shall report the following information:

(a) For water supplier of public water systems demonstrating that they have already optimized corrosion control, information required in s. NR 809.542 (2) (b) or (c) .

(b) For water supplier of public water systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under s. NR 809.543 (1) .

(c) For water supplier of public water systems required to evaluate the effectiveness of corrosion control treatments under s. NR 809.543 (3) , the information required by that section.

(d) For water supplier of public water systems required to install optimal corrosion control approved by the department under s. NR 809.543 (4) , a letter certifying that the water supplier has completed installing that treatment.

(4)   Source water treatment reporting requirements. By the applicable dates in s. NR 809.544 , water supplier shall provide the following information to the department:

(a) If required under s. NR 809.544 (2) (a) , their recommendation regarding source water treatment;

(b) For water suppliers required to install source water treatment under s. NR 809.544 (2) (b) , a letter certifying that the water supplier has completed installing the treatment approved by the department within 24 months after the department approved the treatment.

(5)   Lead service line replacement reporting requirements. Water suppliers shall report the following information to the department to demonstrate compliance with the requirements of s. NR 809.545 :

(a) No later than 12 months after the end of a monitoring period in which a public water system exceeds the lead action level in sampling referred to in s. NR 809.545 (1) , the water supplier must submit written documentation to the department of the material evaluation conducted as required in s. NR 809.547 (1) , identify the initial number of lead service lines in the distribution system of the public water system at the time the public water system exceeded the lead action level, and provide the public water system's schedule for annually replacing at least 7% of the initial number of lead service lines in its distribution system.

(b) No later than 12 months after the end of a monitoring period in which a public water system exceeds the lead action level in sampling referred to in s. NR 809.545 (1) , and every 12 months thereafter, the water supplier shall demonstrate to the department in writing that the public water system has done one of the following:

1. Replaced in the previous 12 months at least 7% of the initial lead service lines, or a greater number of lines specified by the department under s. NR 809.545 (6) , in the distribution system of the public water system.

2. Conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line, taken pursuant to s. NR 809.547 (2) (c) , is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced or which meet the criteria in s. NR 809.545 (3) , or both, shall equal at least 7% of the initial number of lead lines identified under sub. (5) (a) , or the percentage specified by the department under s. NR 809.545 (5) .

(c) The annual letter submitted to the department under par. (b) shall contain all of the following information:

1. The number of lead service lines scheduled to be replaced during the previous year of the water supplier's replacement schedule.

2. The number and location of each lead service line replaced during the previous year of the water supplier`s replacement schedule.

3. If measured, the water lead concentration and location of each lead service line sampled, the sampling method and the date of sampling.

(d) The water supplier for any public water system which collects lead service line samples following partial lead service line replacement required by s. NR 809.545 shall report the results to the department within the first 10 days of the month following the month in which the water supplier receives the laboratory results, or as specified by the department. The department may waive this requirement to report these monitoring results. Water suppliers shall also report any additional information as specified by the department, and in a time and manner prescribed by the department, to verify that all partial lead service line replacement activities have taken place.

(6)   Public education program reporting requirements. By December 31 st of each year, the water supplier for any public water system that is subject to the public education requirements in s. NR 809.546 shall submit a letter to the department demonstrating that the water supplier has delivered the public education materials that meet the content requirements in s. NR 809.546 (1) and (2) and the delivery requirements in s. NR 809.546 (3) . This information shall include a list of all the newspapers, radio stations, television stations, facilities and organizations to which the water supplier delivered public education materials during the previous year. The water supplier shall submit the letter required by this subsection annually for as long as the public water system exceeds the lead action level.

(a) The water supplier for any public water system that is subject to the public education requirements in s. NR 809.546 shall, within ten days after the end of each period in which the public water system is required to perform public education in accordance with s. NR 809.546 (2) , send written documentation to the department that contains all of the following:

1. A demonstration that the water supplier has delivered the public education materials that meet the content requirements in s. NR 809.546 (1) and the delivery requirements in s. NR 809.546 (2) .

2. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the water supplier delivered public education materials during the period in which the public water system was required to perform public education tasks.

(b) Unless required by the department, a water supplier that previously has submitted the information required by par. (a) 2. is not required to resubmit the information required by par. (a) 2. , as long as there have been no changes in the distribution list and the water supplier certifies that the public education materials were distributed to the same list submitted previously.

(c) No later than 3 months following the end of the monitoring period, each water supplier shall mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed in a manner consistent with the requirements of s. NR 809.546 (4) .

(7)   Reporting of additional monitoring data. Any water supplier that collects sampling data in addition to that required by this subchapter shall report the results to the department within the first 10 days following the end of the applicable monitoring period under ss. NR 809.547 , 809.548 and 809.549 during which the samples are collected.

(8)   Reporting of 90th percentile lead and copper concentrations where the department calculates a public water system's 90th percentile concentrations. The water supplier of a public water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by sub. (1) (c) 4. if any of the following are met:

(a) The department has previously notified the water supplier that it will calculate the water system's 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to par. (b) 1. , and has specified a date before the end of the applicable monitoring period by which the water supplier shall provide the results of lead and copper tap water samples.

(b) The water supplier has provided all of the following information to the department by the date specified in par. (a) :

1. The results of all tap samples for lead and copper including the location of each site and the criteria under s. NR 809.547 (1) (c) , (d) , (e) , (f) or (g) under which the site was selected for the public water system's sampling pool, pursuant to sub. (1) (c) 1.

2. An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed.

(c) The department has provided the results of the 90th percentile lead and copper calculations, in writing, to the water supplier before the end of the monitoring period.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; corrections in (1) (a), (b), (c) 4., 8., (d) (intro.) and (5) (b) 2. made under s. 13.92 (4) (b) 7. , Stats., Register November 2010 No. 659 ; CR 15-049 : am. (1) (c) (intro.), 3., (6) (a) (intro.), 1. Register March 2016 No. 723 , eff. 4-1-16.

Note

In those instances where prior department approval of the treatment change or new source is not required, the water supplier are encouraged to provide the notification to the department beforehand to minimize the risk the treatment change or new source will adversely affect optimal corrosion control. Microsoft Windows NT 6.1.7601 Service Pack 1