Wis. Admin. Code NR § 809.970

Current through May 28, 2024

Section NR 809.970 - Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level

(1) TIMING FOR SPECIAL NOTICE FOR REPEATED FAILURE TO MONITOR. The water supplier for a community or non-community water system that is required to monitor source water under s. NR 809.331(1) (a) and (b) must notify persons served by the public water system that monitoring has not been completed as specified no later than 30 days after the water supplier for the public water system has failed to collect any 3 months of monitoring as specified in s. NR 809.331(3). The notice must be repeated as specified in s. NR 809.952(2).

(2) TIMING FOR SPECIAL NOTICE FOR FAILURE TO DETERMINE BIN CLASSIFICATION OR MEAN CRYPTOSPORIDIUM LEVEL. The water suppliers for a community or non-community water system that is required to determine a bin classification under s. NR 810.34, or to determine mean Cryptosporidium level under s. NR 810.36, must notify persons served by the public water system that the determination has not been made as required no later than 30 days after the water suppliers for the public water system has failed report the determination as specified in s. NR 810.34(5) (a) or 810.36(1), respectively. The notice must be repeated as specified in s. NR 809.952(2). The notice is not required if the public water system is complying with a department approved schedule to address the violation.

(3) THE FORM AND MANNER OF THE SPECIAL NOTICE. The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in s. NR 809.952(3). The public notice must be presented as required in s. NR 809.954(3).

(4) MANDATORY LANGUAGE THAT MUST BE CONTAINED IN THE SPECIAL NOTICE. The notice must contain the following language, including the language necessary to fill in the blanks.

(a) The special notice for repeated failure to conduct monitoring must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We "did not monitor or test" or "did not complete all monitoring or testing" on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).

(b) The special notice for failure to determine bin classification or mean Cryptosporidium level must contain all of the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of the public water system contact) of (name of public water system) at (phone number).

(c) Each special notice must also include a description of what the water suppliers for the public water system is doing to correct the violation and when the water supplier expects the public water system to return to compliance or resolve the situation.

Appendix A to Subchapter VII

NPDWR Violations and Other Situations Requiring Public Notice¹

Contaminant	MCL/MRDL/TT violations²		Monitoring & testing procedure violations
Contaminant	Tier of public notice required	Citation (Wis. Adm. Code)	Tier of public notice required	Citation (Wis. Adm. Code)
I. Violations of National Primary Drinking Water Regulations:³
A. Microbiological Contaminants
1. Total coliform: Monitoring or TT violations resulting from failure to perform assessments or corrective actions	2	NR 809.314	3	NR 809.31(9)
1m. Total coliform: Seasonal system failure to follow department-approved start-up plan prior to serving water to the public	2	NR 809.314(2)	3	Xx
2. E. Coli MCL	1	NR 809.30	1⁴, 3	NR 809.31(9)
2m. E. coli: TT violations resulting from failure to perform Level 2 assessments or corrective action	1	NR 809.30	3	Xx
3. Turbidity MCL	2	NR 810.29(1)	3	NR 810.38(1) (b) NR 810.38(2) (a), NR 810.38(2) (b) NR 810.29
4. Turbidity MCL (average 2 days' samples >5 NTU)	2⁵, 1	NR 810.29(1)	3	NR 810.38(1) (b) NR 810.38(2) (a), NR 810.38(2) (b), NR 810.29
5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)	2⁶, 1	NR 810.29(1), NR 810.29(2), NR 810.29(3), NR 810.29(4), NR 810.30(1), NR 810.30(4) (a), NR 810.30(4) (b)	3	NR 810.38(1) (b) NR 810.38(2) (a), NR 810.38(2) (b), NR 810.29
6. Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)	2	NR 810.27 - 810.33	3	NR 810.38
7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. turbidity level (TT)	2	NR 810 subch. 2	3	NR 810.29, NR 810.38
8. Filter Backwash Rule (FBWR)	2	NR 809.333(3) NR 811.860 NR 811.862	3	NR 810.29
9. Long Term 2 Enhanced Surface Water Treatment Rule violations	2	NR 810.34 - 810.45	2¹⁵,3	NR 809.331 - NR 809.335 NR 810.32(1) and (2)
10. Source water sample positive for Ground-water Rule (GWR) fecal indicators: E. coli, enterococci, or coliphage	1	NR 809.325(6)	3	NR 809.325(5) NR 809.327(6)
B. Inorganic Chemicals (IOCs)
1. Antimony	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
2. Arsenic	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
3. Asbestos (fibers >10 µm)	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6)(a)and (c)
4. Barium	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
5. Beryllium	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
6. Cadmium	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
7. Chromium (total)	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
8. Cyanide	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
9. Fluoride	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
10. Mercury (inorganic)	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
11. Nitrate	1	NR 809.11(2)	1⁸, 3	NR 809.115(4), (5) and (6) (b)
12. Nitrite	1	NR 809.11(2)	1⁸, 3	NR 809.115(4), (5) and (6) (b)
13. Total Nitrate and Nitrite	1	NR 809.11(2)	3	NR 809.115(4) and (5)
14. Selenium	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
15. Thallium	2	NR 809.11(2)	3	NR 809.115(1) to (3) and (6) (a) and (c)
C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, copper is 1.3 mg/L)
1. Lead and Copper Rule (TT)	2	NR 809.541 - NR 809.55	3	NR 809.541 - NR 809.55
D. Synthetic Organic Chemicals (SOCs)
1. 2,4-D	2	NR 809.20(1)	3	NR 809.205
2. 2,4,5-TP (Silvex)	2	NR 809.20(1)	3	NR 809.205
3. Alachlor	2	NR 809.20(1)	3	NR 809.205
4. Atrazine	2	NR 809.20(1)	3	NR 809.205
5. Benzo(a)pyrene (PAHs)	2	NR 809.20(1)	3	NR 809.205
6. Carbofuran	2	NR 809.20(1)	3	NR 809.205
7. Chlordane	2	NR 809.20(1)	3	NR 809.205
8. Dalapon	2	NR 809.20(1)	3	NR 809.205
9. Di (2-ethylhexyl) adipate	2	NR 809.20(1)	3	NR 809.205
10. Di (2-ethylhexyl) phthalate	2	NR 809.20(1)	3	NR 809.205
11. Dibromochloropropane	2	NR 809.20(1)	3	NR809.205
12. Dinoseb	2	NR 809.20(1)	3	NR 809.205
13. Dioxin (2, 3, 7, 8-TCDD)	2	NR 809.20(1)	3	NR809.205
14. Diquat	2	NR 809.20(1)	3	NR 809.205
15. Endothall	2	NR 809.20(1)	3	NR 809.205
16. Endrin	2	NR 809.20(1)	3	NR 809.205
17. Ethylene dibromide	2	NR 809.20(1)	3	NR 809.205
18. Glyphosate	2	NR 809.20(1)	3	NR 809.205
19. Heptachlor	2	NR 809.20(1)	3	NR 809.205
20. Heptachlor epoxide	2	NR 809.20(1)	3	NR 809.205
21. Hexachlorobenzene	2	NR 809.20(1)	3	NR 809.205
22. Hexachlorocyclo-pentadiene	2	NR 809.20(1)	3	NR 809.205
23. Lindane	2	NR 809.20(1)	3	NR 809.205
24. Methoxychlor	2	NR 809.20(1)	3	NR 809.205
25. Oxamyl (Vydate)	2	NR 809.20(1)	3	NR 809.205
26. Pentachlorophenol	2	NR 809.20(1)	3	NR 809.205
27. Picloram	2	NR 809.20(1)	3	NR 809.205
28. Polychlorinated biphenyls	2	NR 809.20(1)	3	NR 809.205
29. Simazine	2	NR 809.20(1)	3	NR 809.205
30. Toxaphene	2	NR 809.20(1)	3	NR 809.205
E. Volatile Organic Chemicals (VOCs)	2	NR 809.24(1)	3	NR 809.245
1. Benzene	2	NR 809.24(1)	3	NR 809.245
2. Carbon tetrachloride	2	NR 809.24(1)	3	NR 809.245
3. Chlorobenzene (monochlorobenzene)	2	NR 809.24(1)	3	NR 809.245
4. o-Dichlorobenzene	2	NR 809.24(1)	3	NR 809.245
5. p-Dichlorobenzene	2	NR 809.24(1)	3	NR 809.245
6. 1,2-Dichloroethane	2	NR 809.24(1)	3	NR 809.245
7. 1,1-Dichloroethylene	2	NR 809.24(1)	3	NR 809.245
8. cis-1,2-Dichloroethylene	2	NR 809.24(1)	3	NR 809.245
9. trans-1,2-Dichloroethylene	2	NR 809.24(1)	3	NR 809.245
10. Dichloromethane	2	NR 809.24(1)	3	NR 809.245
11. 1,2-Dichloropropane	2	NR 809.24(1)	3	NR 809.245
12. Ethylbenzene	2	NR 809.24(1)	3	NR 809.245
13. Styrene	2	NR 809.24(1)	3	NR 809.245
14. Tetrachloroethylene	2	NR 809.24(1)	3	NR 809.245
15. Toluene	2	NR 809.24(1)	3	NR 809.245
16. 1,2,4-Trichlorobenzene	2	NR 809.24(1)	3	NR 809.245
17. 1,1,1-Trichloroethane	2	NR 809.24(1)	3	NR 809.245
18. 1,1,2-Trichloroethane	2	NR 809.24(1)	3	NR 809.245
19. Trichloroethylene	2	NR 809.24(1)	3	NR 809.245
20. Vinyl chloride	2	NR 809.24(1)	3	NR 809.245
21. Xylenes (total)	2	NR 809.24(1)	3	NR 809.245
F. Radioactive Contaminants
1. Beta/photon emitters	2	NR 809.51	3	NR 809.52(1), NR 809.53(2)
2. Alpha emitters	2	NR 809.50(2)	3	NR 809.52(1), NR 809.53(1)
3. Combined radium (226 & 228)	2	NR 809.50(1)	3	NR 809.52(1), NR 809.53(1)
G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts. EPA sets standards for controlling the levels of disinfectants and disinfection byproducts in drinking water, including trihalomethanes and haloacetic acids. ⁹
1. Total trihalomethanes	2	NR 809.561(1)	3	NR 809.565(1)-(2)
2. Haloacetic Acids	2	NR 809.561(1)	3	NR 809.565(1)-(2)
3. Bromate	2	NR 809.561(2)	3	NR 809.565(1), (3)
4. Chlorite	2	NR 809.561(2)	3	NR 809.565(1), (3)
5. Chlorine (MRDL)	2	NR 809.561(2) NR 809.566(3) (a)	2	NR 809.565(1), (4) NR 809.566(3)(a)
6. Chloramine (MRDL)	2	NR 809.561(2) NR 809.566(3) (a)	3	NR 809.565(1), (4) NR 809.566(3)(a)
7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL	2	NR 809.566(1), (3) (b)	2, 3¹¹	NR 809.565(1), (4)
8. Chlorine dioxide (MRDL), where samples in distribution system the next day are also above MRDL	110	NR 809.566(1), (3) (b)	1	NR 809.565(1), (4)
9. Control of disinfection byproducts precursors - TOC (TT)	2	NR 809.569	3	NR 809.565(1),(5)
10. Bench marking and disinfection profiling	N/A	N/A	3	NR 810.32
11. Development of monitoring plan	N/A	N/A	3	NR 809.565(6)
H. Other Treatment Techniques
1. Acrylamide (TT)	2	NR 809.25(4)	N/A	N/A
2. Epichlorohydrin (TT)	2	NR 809.25(4)	N/A	N/A
II. Unregulated Contaminant Monitoring:¹²
A. Unregulated contaminants	N/A	N/A	3	NR 809.25; 40 CFR Part 141, Section 141.40
B. Nickel	N/A	N/A	3	NR 809.115(3) Table A
III. Public Notification for Conditional Waivers and Variances
A. Operation under a conditional waiver or variance	3	NR 809.91	N/A	N/A
B. Violation of a conditional waiver or variance	2	NR 809 Subch. VI	N/A	N/A
IV. Other Situations Requiring Public Notification:
A. Fluoride secondary maximum contaminant level exceedance	3	NR 809.70	N/A	N/A
B. Exceedance of nitrate MCL for non-community systems, as allowed by the department	1	NR 809.11(3)	N/A	N/A
C. Availability of unregulated contaminant monitoring data	3	NR 809.956	N/A	N/A
D. Waterborne disease outbreak	1	NR 809.04(90) NR 809.80(6) (e), NR 809.951(1) (b) 7.	N/A	N/A
E. Other waterborne emergency¹³	1	NR 809.951(1) (b) 8.	N/A	N/A
F. Other situations as determined by the department	1, 2, 3¹⁴	N/A	N/A	N/A
G. Groundwater Rule TT violations for failure to complete corrective actions according to a state approved schedule	2	NR 809.328(2)	N/A	N/A

Appendix A Footnotes

¹ Violations and other situations not listed in this table, for example, reporting violations and failure to prepare Consumer Confidence Reports, do not require notice, unless otherwise determined by the department. The department may also require a more stringent public notice tier, for example, Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3, for specific violations and situations listed in this Appendix, as authorized under s. NR 809.951(1) and s. NR 809.952(1).

² MCL--Maximum contaminant level, MRDL-Maximum residual disinfectant level, TT-Treatment technique.

³ The term Violations of National Primary Drinking Water Regulations is used here to include violations of MCL, MRDL, TT, monitoring and testing procedure requirements.

⁴ Failure to test for E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.

⁵ Water supplier for public water systems that violate the turbidity MCL of 5 NTU based on an average of measurements over 2 consecutive days shall consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.

⁶ Water supplier for public water systems with a treatment technique violation involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule or the Interim Enhanced Surface Water Treatment Rule are required to consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a water supplier is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.

⁷ Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477) become effective January 1, 2002 for public water systems using surface water or groundwater under the direct influence of surface water serving at least 10,000 persons. However, s. NR 809.77 has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule remains in effect for public water systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the Surface Water Treatment Rule.

⁸ Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.

⁹ Public water water systems using surface water or groundwater under the direct influence of surface water community and non-transient non-community systems serving greater than or equal to 10,000 must comply with the new disinfection byproducts MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Public water systems using surface water or groundwater under the direct influence of surface water transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.

¹⁰ If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.

¹¹ Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.

¹² Some public water systems must monitor for certain unregulated contaminants listed in s. NR 809.25.

¹³ Other waterborne emergencies require a Tier 1 public notice under 40 CFR 141.202(a) or s. NR 809.951(1) (b) 8. for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 or s. NR 809.04(90) but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failure or significant interruption in water treatment processes, natural disasters that disrupt the water supply, chemical spills, or unexpected loading of possible pathogens into the source water.

¹⁴ The department may place other situations in any tier they believe appropriate, based on threat to public safety.

¹⁵ Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in Section 141.211. All other monitoring and testing procedure violations are Tier 3.

Appendix B to Subchapter VII

Standard Health Effects Language for Public Notification

Contaminant	MCLG¹mg/L	MCL² mg/L	Standard health effects language for public notification
National Primary Drinking Water Regulations:
A. Microbiological Contaminants: 1 a. E. coli	Zero	In compliance unless one of the following conditions occurs: (1) The system has an E. coli-positive repeat sample following a total coliform-positive routine sample. (2) The system has a total coliform-positive repeat sample following an E. coli-positive routine sample. (3) The system fails to take all required repeat samples following an E. coli-positive routine sample. (4) The system fails to test for E. coli when any repeat sample tests positive for total coliform.	E. coli are bacteria whose presence indicate that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.
1 b. Coliform Assessment or Corrective Action Violations, or both	N/A	TT	Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found. [THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES.] We failed to conduct the required assessment. We failed to correct all identified sanitary defects that were found during the assessments.
1 c. E.coli Assessment or Corrective Action Violations, or both	N/A	TT	E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found. [THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES.]
			We failed to conduct the required assessment.
			We failed to correct all identified sanitary defects that were found during the assessment that we conducted.
1 d. Seasonal System TT Violations	N/A	TT	When this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the mandatory language found at s. NR 809.954(4) (b) must be used.
			When this violation includes failure to complete other actions, the appropriate elements found in s. NR 809.954(1) to describe the violation must be used.
1 e. Fecal indicators (GWR): E. coli ii. Enterococci, iii. Coliphage	Zero None None	TT TT TT	Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.
1 f. Groundwater Rule (GWR) TT violations.	None	TT	Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.
2 a. Turbidity (MCL)⁴	None	1 NTU⁵/5 NTU	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
2 b. Turbidity (SWTR TT)⁶	None	TT⁷	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
2 c. Turbidity (IESWTR TT)⁸	None	TT	Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.
B. Surface Water Treatment Rule and Interim Enhanced Surface Water Treatment Rule violations:
3. Giardia lamblia	Zero	TT⁹	Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.
4. Viruses
5. Heterotrophic plate count bac-teria¹⁰
6. Legionella
7. Cryptosporidium
C. Inorganic Chemicals:
8. Antimony	0.006	0.006	Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.
9. Arsenic	0	0.010	Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.
10. Asbestos (10 µm)	7 MFL¹¹	7 MFL¹¹	Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.
11. Barium	2	2	Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.
12. Beryllium	0.004	0.004	Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.
13. Cadmium	0.005	0.005	Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.
14. Chromium (total)	0.1	0.1	Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.
15. Cyanide	0.2	0.2	Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.
16. Fluoride	4.0	4.0	Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children less than 9 years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.
17. Mercury (inorganic)	0.002	0.002	Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.
18. Nitrate	10	10	Infants below the age of 6 months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome. Females who are or may become pregnant should not consume water with nitrate concentrations that exceed the MCL. There is some evidence of an association between exposure to high nitrate levels in drinking water during the first weeks of pregnancy and certain birth defects.
19. Nitrite	1	1	Infants below the age of 6 months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.
20. Total Nitrate and Nitrite	10	10	Infants below the age of 6 months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.
21. Selenium	0.05	0.05	Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.
22. Thallium	0.0005	0.002	Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.
D. Lead and Copper Rule:
23. Lead	Zero	TT¹²	Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.
24. Copper	1.3	TT¹³	Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.
E. Synthetic Organic Chemicals:
25. 2,4-D	0.07	0.07	Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.
26. 2,4,5-TP (Silvex)	0.05	0.05	Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.
27. Alachlor	Zero	0.002	Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.
28. Atrazine	0.003	0.003	Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.
29. Benzo(a)pyrene (PAHs)	Zero	0.0002	Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.
30. Carbofuran	0.04	0.04	Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.
31. Chlordane	Zero	0.002	Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.
32. Dalapon	0.2	0.2	Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.
33. Di (2-ethylhexyl) adipate	0.4	0.4	Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as weight loss, liver enlargement or possible reproductive difficulties.
34. Di (2-ethylhexyl) phthalate	Zero	0.006	Some people who drink water containing di (2-ethylhexyl) phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.
35. Dibromochloropropane	Zero	0.0002	Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
36. Dinoseb	0.007	0.007	Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.
37. Dioxin (2,3,7,8-TCDD)	Zero	3x10^-8	Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and many have an increased risk of getting cancer.
38. Diquat	0.02	0.02	Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.
39. Endothall	0.1	0.1	Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestine.
40. Endrin	0.002	0.002	Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.
41. Ethylene dibromide	Zero	0.00005	Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.
42. Glyphosate	0.7	0.7	Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.
43. Heptachlor	Zero	0.0004	Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.
44. Heptachlor epoxide	Zero	0.0002	Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.
45. Hexachlorobenzene	Zero	0.001	Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.
46. Hexachlorocyclopentadiene	0.05	0.05	Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.
47. Lindane	0.0002	0.0002	Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.
48. Methoxychlor	0.04	0.04	Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.
49. Oxamyl (Vydate)	0.2	0.2	Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.
50. Pentachlorophenol	Zero	0.001	Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.
51. Picloram	0.5	0.5	Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.
52. Polychlorinated biphenyls	Zero	0.0005	Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.
53. Simazine	0.004	0.004	Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.
54. Toxaphene	Zero	0.003	Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.
F. Volatile Organic Chemicals:
55. Benzene	Zero	0.005	Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.
56. Carbon tetrachloride	Zero	0.005	Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
57. Chlorobenzene (monochlorobenzene)	0.1	0.1	Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver r kidneys.
58. o-Dichlorobenzene	0.6	0.6	Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.
59. p-Dichlorobenzene	0.075	0.075	Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.
60. 1,2-Dichloroethane	Zero	0.005	Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.
61. 1,1-Dichloroethylene	0.007	0.007	Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
62. cis-1,2-Dichloroethylene	0.07	0.07	Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
63. trans-1,2-Dichloroethylene	0.1	0.1	Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.
64. Dichloromethane	Zero	0.005	Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.
65. 1,2-Dichloropropane	Zero	0.005	Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.
66. Ethylbenzene	0.7	0.7	Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.
67. Styrene	0.1	0.1	Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.
68. Tetrachloroethylene	Zero	0.005	Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.
69. Toluene	1	1	Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.
70. 1,2,4-Trichlorobenzene	0.07	0.07	Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.
71. 1,1,1-Trichloroethane	0.2	0.2	Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.
72. 1,1,2-Trichloroethane	0.003	0.005	Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.
73. Trichloroethylene	Zero	0.005	Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
74. Vinyl chloride	Zero	0.002	Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.
75. Xylenes (total)	10	10	Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.
G. Radioactive Contaminants:
76. Beta/photon emitters	Zero	4 mrem/yr¹⁴	Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.
77. Alpha emitters	Zero	15 pCi/L¹⁵	Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk getting cancer.
78. Combined radium (226 & 228)	Zero	5 pCi/L	Some people who drink water containing radium 226 and 228 in excess of the MCL over many years may have an increased risk of getting cancer.
H. Disinfection Byproducts, Byproduct Precursors, and Disinfectant Residuals: Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts. EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes and haloacetic acids:¹⁶
79. Total trihalomethanes	N/A	0.80¹⁷	Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.
80. Haloacetic Acids	N/A	0.060¹⁸	Some people who drink water containing haloacetic acids in excess of the MCL over many years may have increased risk of getting cancer.
81. Bromate	Zero	0.010	Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.
82. Chlorite	0.08	1.0	Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.
83. Chlorine	4 (MRDLG)¹⁹	4.0 (MRDL)²⁰	Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.
84. Chloramines	4 (MRDLG)	4.0 (MRDL)	Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.
85a. Chlorine dioxide, where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL.	0.8 (MRDLG)	0.8 (MRDL)	Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.
85b. Chlorine dioxide, where one or more distribution system samples are above the MRDL.	0.8 (MRDLG)	0.8 (MRDL)	Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.
			Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.
86. Control of DBP precursors (TOC)	None	TT	Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes and haloace-tic acids. Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.
I. Other Treatment Techniques:
87. Acrylamide	Zero	TT	Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.
88. Epichlorohydrin	Zero	TT	Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Appendix B Footnotes:

¹ MCLG--Maximum contaminant level goal.

² MCL--Maximum contaminant level.

³ For public water systems analyzing at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. For public water systems analyzing fewer than 40 samples per month, no more than one sample per month may be positive for total coliforms.

⁴ There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; the MCL for the 2-day average is 5 NTU for public water systems that are required to filter but have not yet installed filtration (40 CFR 141.13) .

⁵ NTU--Nephelometric turbidity unit.

⁶ There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. Systems subject to the Surface Water Treatment Rule (both filtered and unfiltered) may not exceed 5 NTU. In addition, in filtered systems, 95 percent of samples each month shall not exceed 0.5 NTU in public water systems using conventional or direct filtration and shall not exceed 1 NTU in public water systems using slow sand or diatomaceous earth filtration or other filtration technologies approved by the department.

⁷ TT--Treatment technique.

⁸ There are various regulations that set turbidity standards for different types of public water systems, including 40 CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water Treatment Rule. For public water systems subject to the interim enhanced surface water treatment rule (public water systems serving at least 10,000 people, using surface water or groundwater under the direct influence of surface water), that use conventional filtration or direct filtration, after January 1, 2002, the turbidity level of a public water system's combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly measurements, and the turbidity level of a public water system's combined filter effluent shall not exceed 1 NTU at any time. Public water systems subject to the interim enhanced surface water treatment rule using technologies other than conventional, direct, slow sand, or diatomaceous earth filtration shall meet turbidity limits set by the department.

⁹ Surface water treatment rule and interim enhanced surface water treatment rule treatment technique violations that involve turbidity exceedances may use the health effects language for turbidity instead.

¹⁰ The bacteria detected by heterotrophic plate count are not necessarily harmful. HPC is simply an alternative method of determining disinfectant residual levels. The number of bacteria is an indicator of whether there is enough disinfectant in the distribution system.

¹¹ Million fibers per liter.

¹² Action Level = 0.015 mg/L.

¹³ Action Level = 1.3 mg/L.

¹⁴ Millirems per year.

¹⁵ Picocuries per liter.

¹⁶ Surface water systems and groundwater systems under the direct influence of surface water are regulated under Subpart H of 40 CFR part 141 . Community and non-transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more shall comply with DBP MCLs and disinfectant maximum residual disinfectant levels beginning January 1, 2002. All other community and non-transient non-community systems shall meet the MCLs and MRDLs beginning January 1, 2004. Transient non-community systems using groundwater under the direct influence of surface water serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2002. Transient non-community systems using groundwater under the direct influence of surface water serving fewer than 10,000 persons and public water systems using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant shall comply with the chlorine dioxide MRDL beginning January 1, 2004.

¹⁷ The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.

¹⁸ The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.

¹⁹ MRDLG - Maximum residual disinfectant level goal.

²⁰ MRDL - Maximum residual disinfectant level.

Appendix C to Subchapter VII

List of Acronyms Used in Public Notification Regulation

CCR......	Consumer Confidence Report
CWS......	Community Water System
DBP......	Disinfection Byproduct
EPA......	Environmental Protection Agency
HPC......	Heterotrophic Plate Count
IESWTR.....	Interim Enhanced Surface Water Treatment Rule
IOC.......	Inorganic Chemical
LCR......	Lead and Copper Rule
MCL......	Maximum Contaminant Level
MCLG......	Maximum Contaminant Level Goal
MRDL......	Maximum Residual Disinfectant Level
MRDLG......	Maximum Residual Disinfectant Level Goal
NCWS......	Non-Community Water System
NPDWR......	National Primary Drinking Water Regulation
NTNCWS......	Non-Transient Non-Community Water System
NTU......	Nephelometric Turbidity Unit
OGWDW......	Office of Groundwater and Drinking Water
OW.......	Office of Water
PN.......	Public Notification
PWS......	Public Water System
SDWA......	Safe Drinking Water Act
SMCL......	Secondary Maximum Contaminant Level
SOC......	Synthetic Organic Chemical
SWTR......	Surface Water Treatment Rule
TCR......	Total Coliform Rule
TT........	Treatment Technique
TWS......	Transient Non-Community Water System
VOC......	Volatile Organic Chemical

Wis. Admin. Code Department of Natural Resources § NR 809.970

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

Adopted by, CR 15-049: Appendix C to Subchapter VII Register March 2016 No. 723, eff.4/1/2016

Amended by, CR 21-088: am. Appendix A to Subchapter VII Register July 2022 No. 799, eff. 8/1/2022.