Section 810.42. Source toolbox components.

 

(1)   Watershed control program. Systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this section.

(a) Water suppliers for systems that intend to apply for the watershed control program credit shall notify the department of this intent no later than 2 years prior to the treatment compliance date applicable to the system in s. NR 810.37 .

(b) Water suppliers for systems shall submit to the department a proposed watershed control plan no later than one year before the applicable treatment compliance date in s. NR 810.37 . The department shall approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan shall include the following elements:

1. Identification of an "area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. The area of influence is the area to be evaluated in future watershed surveys under subd. 2.

2. Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system's source water quality.

3. An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system's source water.

4. A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan shall explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

(c) Public water systems with existing watershed control programs in place on or before January 5, 2006, are eligible to seek this credit. The watershed control plans shall meet the criteria in par. (b) and shall specify ongoing and future actions that will reduce source water Cryptosporidium levels.

(d) If the department does not respond to a water supplier regarding approval of a watershed control plan submitted under this section and the system meets the other requirements of this section, the watershed control program will be considered approved and 0.5 log Cryptosporidium treatment credit will be awarded unless and until the department subsequently withdraws the approval.

(e) Systems shall complete the following actions to maintain the 0.5-log credit:

1. Submit an annual watershed control program status report to the department. The annual watershed control program status report shall describe the system's implementation of the approved plan and assess the adequacy of the plan to meet its goals. The status report shall explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the department or as the result of the watershed survey conducted under subd. 2. It shall also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the water supplier shall notify the department prior to making any changes. If any change is likely to reduce the level of source water protection, the water supplier shall also list in this notification the actions the system will take to mitigate this effect.

2. Undergo a watershed sanitary survey every 3 years for community water systems and every 5 years for noncommunity water systems and submit the survey report to the department. The survey shall be conducted according to department guidelines and by persons the department approves.

a. The watershed sanitary survey shall meet the following criteria: encompass the region identified in the department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium .

b. If the department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems shall undergo another watershed sanitary survey by a date the department requires, which may be earlier than the regular date in this subdivision.

3. The water supplier for the system shall make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents shall be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals.

(f) If the department determines that a system is not complying with the approved watershed control plan, the department may withdraw the watershed control program treatment credit.

(2)   Alternative source.

(a) A water supplier for a system may conduct source water monitoring that reflects a different intake location, either in the same source or for an alternate source, or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the department approves, a water supplier for that system may determine its bin classification under s. NR 810.34 based on the alternative source monitoring results.

(b) If water suppliers for systems conduct alternative source monitoring under this subsection, water suppliers shall also monitor the current plant intake for the system concurrently as described in s. NR 809.331 .

(c) Alternative source monitoring under par. (a) shall meet the requirements for source monitoring to determine bin classification, as described in ss. NR 809.331 to 809.336 . Water suppliers shall report the alternative source monitoring results to the department, along with supporting information documenting the operating conditions under which the samples were collected.

(d) If the water supplier for a system determines the system bin classification under s. NR 810.34 using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system shall relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in s. NR 810.37 .

History: CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10.