Section 809.905. Conditional waivers from the maximum contaminant levels for uranium.

 

(1)   General requirements for uranium waivers. The department may grant conditional waivers from the maximum contaminant level for uranium if all of the following occur:

(a) The department has identified the best available technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51 , for the purposes of issuing a conditional waiver, as shown in s. NR 809.50 (3) , Table B.

(b) The department identifies the best available technology, treatment techniques or other means available for achieving compliance with the maximum contaminant levels for the radionuclides listed in ss. NR 809.50 (1) and 809.51 for the purposes of issuing conditional waivers to small drinking water systems, defined as those serving 10,000 persons or fewer, as shown in s. NR 809.50 (4) , Tables K and L.

(c) The water supplier has entered into a signed consent order agreement with the department regarding the conditional waiver.

(2)   Treatment as a condition of uranium waivers. The department shall require community water systems to install or use, or both install and use, any treatment technology identified in s. NR 809.50 (3) , Table B, or in the case of community water systems that serve 10,000 persons or fewer, s. NR 809.50 (3) , Table C and Table E, as a condition for granting a conditional waiver except as provided in sub. (3) .

(3)   Waiver for alternative treatment if BATs are not effective. If a water supplier for a community water system can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment technologies identified in this section would only achieve a de minimus reduction in the contaminant level, the department may issue a schedule for compliance that requires the community water system being granted the conditional waiver to examine other treatment technologies as a condition of obtaining the conditional waiver.

(4)   Requirement to install alternative treatment. If the department determines that a treatment technology identified under sub. (3) is technically feasible, the department may require the public water system to install or use, or both install and use, that treatment technology in connection with a compliance schedule issued under s. NR 809.90 . The department's determination shall be based upon studies by the water supplier for the public water system and other relevant information.

(5)   Bottled water, point of entry, point of use or other means as a condition of granting a waiver. The department may require a community water system to use bottled water, point-of-use devices, point-of-entry devices or other means as a condition of granting a conditional waiver from the requirements of s. NR 809.50 or 809.51 to avoid an unreasonable risk to health.

(6)   Requirements for bottled water use. Community water systems that use bottled water as a condition for receiving a conditional waiver from s. NR 809.50 or 809.51 shall meet the requirements in either s. NR 809.90 (4) (a) or (b) and (c) .

(7)   Conditions for using point of use or point of entry devices. Community water systems that use point-of-use or point-of-entry devices as a condition for obtaining a conditional waiver from the uranium MCL shall meet the conditions in ss. NR 809.50 (4) (b) and 809.90 (3) .

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