Section 809.91. Nitrate variances.

 

(1)   Variances for non-community water systems . A non-community water system is eligible for a variance from the nitrate as nitrogen maximum contaminant level if all of the following are met:

(a) The department determines that because of the characteristics of the raw water sources which are reasonably available, the non-community water system cannot comply with the maximum contaminant level for nitrate as nitrogen.

(b) The non-community water system has not had a nitrate as nitrogen sample which exceeds 20 mg/l, confirmed by a check sample.

(c) The water supplier continuously posts a department approved notice at all water taps supplied with water by the non-community water system. The notice shall state that the nitrate as nitrogen level exceeds 10 mg/l and describe the potential health effects of exposure.

(d) The water supplier ensures that water from their public water system will not be available to children under 6 months of age and provides bottled water which complies with all maximum contaminant levels for such children.

(e) No adverse health effects will result.

(2)   Variances for community water systems. A community water system serving a nursing home, prison or mental health care facility, is eligible for a variance from the nitrate as nitrogen maximum contaminant level if all of the following are met:

(a) The water supplier for the institution does not permit infants under 6 months of age as residents.

(b) The community water system has not had a nitrate as nitrogen sample which exceeds 20 mg/l, confirmed by a check sample.

(c) The water supplier for the institution continuously posts a department approved notice at all water taps supplied with water by the community water system. The notice shall state that the nitrate as nitrogen level exceeds 10 mg/l and describe the potential health effects of exposure.

(d) The water supplier for the institution ensures that water from its public water system will not be available to children under 6 months of age and provides bottled water which complies with all maximum contaminant levels for such children.

(e) No adverse health effects will result.

(3)   Control measures for variances. The department may condition the issuance of a variance under this section on compliance with such control measures as it deems necessary. Failure to comply with any term or condition of a variance granted by the department under this section voids the variance.

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