(1) TREATMENT
TECHNIQUE TRIGGERS. Water suppliers of public water systems shall conduct
assessments in accordance with sub. (2) after public water systems exceed
treatment technique triggers in par. (a) or (b).
(a)
Level 1 treatment technique
triggers.1. For public water systems
taking 40 or more samples per month, the public water system exceeds 5.0% total
coliform-positive samples for the month.
2. For public water systems taking fewer than
40 samples per month, the public water system has two or more total
coliform-positive samples in the same month.
3. The water supplier fails to take every
required repeat sample after any single total coliform-positive
sample.
(b)
Level 2 treatment technique triggers.
1. An E. coli MCL violation,
as specified in s. NR 809.30.
2. A
second Level 1 trigger as defined in par. (a) within a rolling 12-month period,
unless the department has determined a likely reason that the samples that
caused the first Level 1 treatment technique trigger were total
coliform-positive and has established that the water supplier has corrected the
problem.
3. For public water
systems with approved annual monitoring, a Level 1 trigger in two consecutive
years.
(2)
REQUIREMENTS FOR ASSESSMENTS.
(a)
General requirements.1.
Water suppliers shall ensure that Level 1 and 2 assessments are conducted in
order to identify the possible presence of sanitary defects, and defects in
distribution system coliform monitoring practices. Level 2 assessments shall be
conducted by parties approved by the department.
2. When conducting assessments, water
suppliers shall ensure that the assessor evaluates minimum elements that
include review and identification of inadequacies in sample sites; sampling
protocol; sample processing; atypical events that could affect distributed
water quality or indicate that distributed water quality was impaired; changes
in distribution system maintenance and operation that could affect distributed
water quality, including water storage; source and treatment considerations
that bear on distributed water quality, where appropriate, as for example,
small ground water systems; and existing water quality monitoring data. The
water supplier shall conduct the assessment consistent with any department
directives that tailor specific assessment elements with respect to the size
and type of the public water system and the size, type, and characteristics of
the distribution system.
(b)
Level 1 assessments. A
water supplier shall conduct a Level 1 assessment consistent with department
requirements if the public water system exceeds one of the treatment technique
triggers in sub. (1) (a). The department may conduct a Level 2 assessment in
response to a Level 1 treatment technique trigger at a non-community water
system, which may include the collection of a large-volume sample.
1. The water supplier shall complete a Level
1 assessment as soon as practical after any trigger in sub. (1) (a). In the
completed assessment form, the water supplier shall describe sanitary defects
detected, corrective actions completed, and a proposed timetable for any
corrective actions not already completed. The assessment form may also note
that no sanitary defects were identified. The water supplier shall submit the
completed Level 1 assessment form to the department within 30 days after the
water supplier learns that the public water system has exceeded a trigger.
2. If the department reviews the
completed Level 1 assessment and determines that the assessment is not
sufficient, including any proposed timetable for any corrective actions not
already completed, the department shall consult with the water supplier. If the
department requires revisions after consultation, the water supplier shall
submit a revised assessment form to the department on an agreed-upon schedule
not to exceed 30 days from the date of the consultation.
3. Upon completion and submission of the
assessment form by the water supplier, the department shall determine if the
water supplier has identified a likely cause for the Level 1 trigger and, if
so, establish that the water supplier has corrected the problem, or has
included a schedule acceptable to the department for correcting the
problem.
(c)
Level 2 assessments. A water supplier shall ensure that a
Level 2 assessment consistent with department requirements is conducted if the
public water system exceeds one of the treatment technique triggers in sub. (1)
(b). The water supplier shall comply with any expedited actions or additional
actions required by the department in the case of an
E. coli
MCL violation.
1. The water supplier shall
ensure that a Level 2 assessment is completed by the department or by a party
approved by the department as soon as practical after any trigger in sub. (1)
(b). The water supplier shall submit a completed Level 2 assessment form to the
department within 30 days after the water supplier learns that it has exceeded
a trigger. The assessment form shall describe sanitary defects detected,
corrective actions completed, and a proposed timetable for any corrective
actions not already completed. The assessment form may also note that no
sanitary defects were identified.
2. The water supplier may conduct Level 2
assessments if the water supplier has staff or management with the
certification or qualifications specified by the department unless otherwise
directed by the department.
3. If
the department reviews the completed Level 2 assessment and determines that the
assessment is not sufficient, including any proposed timetable for any
corrective actions not already completed, the department shall consult with the
water supplier. If the department requires revisions after consultation, the
water supplier shall submit a revised assessment form to the department on an
agreed-upon schedule not to exceed 30 days.
4. Upon completion and submission of the
assessment form by the water supplier, the department shall determine if the
water supplier has identified a likely cause for the Level 2 trigger and
determine whether the water supplier has corrected the problem, or has included
a schedule acceptable to the department for correcting the problem.
(3) CORRECTIVE ACTION.
Water suppliers shall correct sanitary defects found through Level 1 or Level 2
assessments conducted under sub. (2). For corrections not completed by the time
of submission of the assessment form, the water supplier shall complete the
corrective action in compliance with a timetable approved by the department in
consultation with the water supplier. The water supplier shall notify the
department when each scheduled corrective action is completed.
(4) CONSULTATION. At any time during the
assessment or corrective action phase, the water supplier or the department may
request a consultation with the other party to determine the appropriate
actions to be taken. The water supplier may consult with the department on all
relevant information that may affect the ability to comply with a requirement
of this subsection, including the method of accomplishment, an appropriate
timeframe, and other relevant information.