Section 809.117. Compliance requirements for inorganic contaminants.

 

(1)   Compliance determinations. Compliance for inorganic contaminants shall be determined based on all of the following:

(a) Compliance with s. NR 809.11 shall be determined based on the analytical results obtained at each entry point. Any contaminant listed in s. NR 809.11 which is detected shall be quantified.

(b) For public water systems which are monitored more frequently than annually, compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium is determined by a running annual average at each entry point. If the average at any sampling point is greater than the MCL, then the public water system is out of compliance. If any one or more samples would cause the annual average to exceed an MCL, then the public water system is out of compliance immediately. Any sample below the reported method detection limit shall be calculated at zero for the purpose of determining the annual average. If a water supplier fails to collect the required number of samples, compliance shall be based on the total number of samples collected.

(c) For public water systems which are monitored annually, or less frequently, the public water system is out of compliance with the MCL for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium if the level of a contaminant at any entry point is greater than the MCL. If a confirmation sample is required by the department, compliance shall be based on the average of the 2 samples. If a water supplier fails to collect the required number of samples, compliance shall be based on the total number of samples collected.

(d) Compliance with the MCLs for nitrate, nitrite or combined nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels exceed a MCL in the initial sample, a confirmation sample is required in accordance with s. NR 809.115 (6) (b) . Compliance shall be determined based on the average of the initial and confirmation samples.

(e) Arsenic sampling results shall be reported to the nearest 0.001 mg/L.

(f) Public water systems remain out of compliance with the MCLs for nitrate, nitrite, or combined nitrate and nitrite until the results of 4 consecutive quarterly samples do not exceed the MCL. The department may specify alternate means for returning to compliance with the MCLs for nitrate, nitrite, or combined nitrate and nitrite. Alternate compliance agreements shall be in writing.

(2)   Monitoring and reporting violations. Failure to monitor shall result in a monitoring and reporting violation.

(3)   Use of analytical results. The department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

CR 09-073 : cr. Register November 2010 No. 659 , eff. 12-1-10; CR 15-049 : am. (1) (f) Register March 2016 No. 723 , eff. 4-1-16.