Section 810.24. Water system capacity.

  All new community and non-transient non-community water systems shall develop and maintain adequate financial, managerial and technical capacity to meet the requirements of this chapter and 42 USC 300f to 300j-26 . New community and non-transient non-community water systems are defined as those constructed after September 1, 1999, or those that upgrade system type after that date to become a community or nontransient noncommunity water system.

(1)   New system capacity evaluation. No new community or non-transient non-community water system may commence operation after September 1, 1999, unless the owner of the proposed water system first demonstrates to the satisfaction of the department that the water system shall have and shall maintain adequate financial, managerial and technical capacity to meet the requirements of this chapter and the requirements of 42 USC 300f to 300j-26 . Additions to water systems constructed prior to September 1, 1999, are exempt from this requirement unless the additions resulted in an upgrade in system type.

(2)   Capacity evaluation submittal. To demonstrate financial, managerial and technical capacity to the department, before beginning construction of a water system, the owner of a proposed community or non-transient non-community water system shall submit to the department a system capacity evaluation that includes all of the following:

(a) A written description of the water system design that includes all of the following:

1. For groundwater systems, the proposed well construction and the name of the water-bearing formation.

2. For surface water systems, the name of the source water body and the intake length and intake location.

3. Pumping capacity.

4. Water treatment.

5. Water storage volume.

6. Length and diameter of water mains.

7. Pressure range within the water system.

8. Location of any pressure reducing valves or pressure booster stations.

9. Map or plat showing the proposed water system.

(b) Evaluation of the potential for the water quality to be out of compliance with any of the primary or secondary standards of this chapter. For groundwater systems, this evaluation shall be based on a review of water quality information available from nearby existing wells or on the results of water quality monitoring from a test well. For surface water systems, this evaluation shall be based on water quality monitoring from the surface water.

(c) Anticipated average and maximum daily water use for the proposed water system.

(d) For groundwater systems, a site assessment that includes all of the following:

1. The separation distances between the well and potential sources of contamination within the proposed wellhead protection area.

2. Any violation of the applicable separation distances contained in chs. NR 811 and 812 .

3. The proximity of the well to any wetlands.

4. The location of the well in relation to the 100-year flood elevation.

(e) For surface water systems, a source water assessment that includes the identification of potential sources of contamination in relation to the intake and the susceptibility of the water system to contamination.

(f) Anticipated number of industrial, commercial and residential water services.

(g) Initial and projected customer population and service area.

(h) Information for the identification, location and contact of the water system designer including the name, address, and telephone number of the system designer and designer's firm.

(i) Status of all department permits and approvals related to the construction of the water system.

(j) Information for the identification, location and contact of the water system owner including the name, address and telephone number of the water system owner and the extent of the owner's responsibility for the water system.

(k) Information for the identification, location and contact of the water system manager including the name, address and telephone number of the system manager.

(L) Information for the identification, location, and contact of the water system operator including the name, address and telephone number of the water system's certified operator as defined in s. NR 114.03 (2) . If a certified operator has not been selected prior to submitting the capacity evaluation, a timetable for hiring an operator shall be included as part of the capacity evaluation in lieu of the information for the identification, location and contact of the water system operator. The water system may not be placed into operation until the department is provided with the information for the identification, location and contact of the water system operator required in this paragraph.

(m) A plan identifying all sample locations for all monitoring required under the Safe Drinking Water Act.

(n) Description of the operational procedures required by this chapter, chs. NR 809 and 811 and PSC 185 related to wellhead protection, well abandonment, cross-connection control, operational reporting, meter testing, hydrant and valve exercising and operator certification.

(o) Description of the rate or fee mechanism for other-than-municipal water systems.

(p) Copy of the public service commission certificate authorizing the construction and operation, and estimating rates, for municipal water systems regulated by the public service commission.

(q) Description of the method of payment for the construction and operation of the water system for non-transient non-community water systems.

(r) Statement from the water system owner on the financial capacity of the water system to meet the requirements of this chapter.

(3)   Capacity evaluation form. The capacity evaluation shall be submitted on a form provided by the department or in a format approved by the department.

(4)   Required qualifications. The information in sub. (2) (a) to (e) shall be prepared by a professional engineer for municipal water systems and by a professional engineer or licensed well driller for other-than-municipal or non-transient non-community water systems.

(5)   Waiver procedure for non-community water systems. The department may waive the requirement for the owner to supply information on well construction, well location, water quality monitoring, and operational procedures listed in sub. (2) (a) to (n) for non-community water systems provided that the owner acknowledges in writing conformance to the requirements for well construction, well location, water quality monitoring, and water system operation contained in this chapter and ch. NR 812 .

(6)   Engineering or design report. A single engineering or design report may be submitted to satisfy the requirements of s. NR 811.09 (3) and (4) and the capacity evaluation required by sub. (2) .

(7)   Department approval of system capacity. The construction of any new non-transient non-community or community water system may not commence without department approval of the system capacity evaluation demonstrating technical, financial, and managerial capacity required in this section.

(8)   Denial of water system capacity. The department may deny approval of the system capacity evaluation for any of the following reasons:

(a) The water system design does not conform to the applicable design and location standards, or approved variances to the standards, contained in chs. NR 811 and 812 and SPS 382 .

(b) The water system operational procedures do not meet the applicable requirements of ch. PSC 185 or of this chapter and ch. NR 811 related to wellhead protection, well abandonment, cross-connection control, operational reporting, meter testing, hydrant and valve exercising, and operator certification.

(c) The water system monitoring plan does not conform to the applicable monitoring requirements of this chapter and ch. NR 809 , approved variances to the requirements of this chapter and ch. NR 809 , or to monitoring requirements established as part of the department construction approval under chs. NR 811 and 812 .

(d) The system capacity evaluation is incomplete.

(e) The information provided does not demonstrate adequate financial capacity to meet the requirements of this chapter.

History: CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; correction in (8) (a) made under s. 13.92 (4) (b) 7. , Stats., Register January 2012 No. 673 .

Note

42 USC 300f to 300j-26 is entitled the federal Safe Drinking Water Act. Microsoft Windows NT 6.1.7601 Service Pack 1 42 USC 300f to 300j-26 is entitled the federal Safe Drinking Water Act. Microsoft Windows NT 6.1.7601 Service Pack 1 Capacity evaluation forms may be obtained from the department bureau of drinking water and groundwater at no charge by writing to Bureau of Drinking Water and Groundwater, Box 7921, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1