Current through August 26, 2024
(1) GENERAL APPLICATION REQUIREMENTS. A water
supplier for a public water system may apply to the department for a
conditional waiver for nonmicrobial contaminants respecting compliance with a
maximum contaminant level or treatment technique requirement for a period up to
3 years if all of the following apply:
(a) One
of the following situations exists:
1. Because
of the characteristics of the raw water sources which are reasonably available,
the public water system cannot comply with a maximum contaminant level despite
application of best technology, treatment techniques or other means generally
available, taking costs into consideration.
2. Compelling factors, which may include
economic factors, indicate that the public water system cannot comply with a
maximum contaminant level or treatment technique requirement for a limited
period of time.
(b) The
public water system was in operation on the effective date of the maximum
contaminant level or treatment technique requirement.
(c) Granting of a conditional waiver will not
result in an unreasonable risk to public health.
(d) The public water system shall have
entered into a consent order agreement with the department regarding the
conditional waiver.
(2)
SMALL SYSTEM APPLICATION REQUIREMENTS. Water suppliers for small systems
serving less than 3,300 persons, may apply for a conditional waiver for
nonmicrobial contaminants only when all of the following conditions are met:
(a) The contaminant or treatment technique to
be waived has a maximum contaminant level or treatment technique requirement
established in national primary drinking water regulations promulgated on or
after January 1, 1986.
(b) The
technology used to comply with the maximum contaminant level or treatment
technique is approved by the department.
(c) Compliance with maximum contaminant
levels or treatment techniques is not reasonably affordable through
restructuring or consolidation changes, including ownership change or physical
consolidation or both with another public water system, or obtaining financial
assistance through the Wisconsin drinking water state revolving loan fund
(DWSRF).
(d) The small system is
financially and technically capable of installing, operating and maintaining
the applicable small system technology under par. (b).
(e) Granting of a conditional waiver will not
result in an unreasonable risk to public health.
(f) The public water system shall have
entered into a signed consent order agreement with the department regarding the
conditional waiver.
(3)
GENERAL WAIVER REQUIREMENTS. The department may grant a conditional waiver if
the water supplier has established that the criteria of sub. (1) or (2) have
been met. Any conditional waiver granted shall require all of the following:
(a) Compliance, including increments of
progress, by the water supplier with each maximum contaminant level or
treatment technique requirement within the time frame specified by the
department in the compliance schedule.
(b) Implementation by the water supplier of
control measures the department deems necessary until compliance with the
maximum contaminant level or treatment technique requirement is
achieved.
(4) BOTTLED
WATER USE AS A REQUIREMENT OF A WAIVER. Public water systems that use bottled
water as a requirement for receiving a conditional waiver shall meet all of the
following requirements:
(a) The department
shall require and approve a monitoring program for bottled water. The water
supplier shall develop and put in place a monitoring program that provides
reasonable assurances that the bottled water meets all MCLs. The water supplier
shall monitor a representative sample of the bottled water for all contaminants
regulated under ss.
NR 809.24(1) and (2) and during the
809.11 first 3-month period that it supplies the bottled water to the public,
and annually thereafter. Results of the monitoring program shall be provided to
the department annually.
(b) The
water supplier shall receive a certification from the bottled water company
that the bottled water supplied meets all requirements of s.
97.34,
Stats., and s.
ATCP 70.26. The water supplier shall provide the
certification to the department the first quarter after it supplies bottled
water and annually thereafter.
(c)
The water supplier shall be fully responsible for the provision of sufficient
quantities of bottled water to every person supplied by the public water system
via door-to-door bottled water delivery.
(5) POINT OF ENTRY TREATMENT AS A REQUIREMENT
OF A WAIVER. If the department approves the use of a point-of-entry device as a
requisite for granting a conditional waiver, the water supplier shall provide
documentation that the device will not cause increased corrosion of plumbing
materials which could increase contaminant levels at the consumer's
tap.
(6) ADDITIONAL WAIVER
REQUIREMENTS. Additional requirements for conditional waivers shall include all
of the following:
(a) Proof of proper and
effective installation, operation and maintenance of any applicable treatment
technologies.
(b) Department
specified monitoring requirements for the contaminant for which the conditional
waiver is sought.
(c) Other terms
or conditions specified by the department to ensure adequate public health
protection, including but not limited to all of the following:
1. Public education requirements.
2. Source water protection
requirements.
3. Quarterly
conditional waiver compliance reports to the department.
(7) PUBLIC NOTICE OF WAIVERS.
Before the department may grant a conditional waiver under this section, a
class 1 public notice under ch. 985, Stats., and opportunity for a public
hearing on the proposed conditional waiver shall be provided by the department.
A hearing held pursuant to a request under this subsection is a class 1 hearing
and shall be conducted in accordance with ch. 227, Stats.
(8) EXTENSION OF WAIVERS. The department may
extend a compliance deadline not to exceed 3 years, or 2 years for a small
system conditional waiver under sub. (2), beyond the expiration date of the
original conditional waiver if the water supplier establishes all of the
following:
(a) The public water system cannot
meet the maximum contaminant level or treatment technique requirement without
capital improvements which cannot be completed within the period of the
conditional waiver.
(b) The water
supplier has entered into an enforceable agreement to become part of a regional
public water system or, if the water supplier needs financial assistance for
the necessary capital improvements, the water supplier has entered into an
agreement to obtain the financial assistance.
(c) The water supplier is taking all
practicable steps to meet the standard.
(9) RENEWAL OF WAIVER EXTENSIONS. The
department may renew an extension granted under sub. (8) if the water supplier
establishes all of the following:
(a) The
public water system does not serve more than 500 service connections.
(b) The public water system cannot meet a
maximum contaminant level or treatment technique requirement without financial
assistance for the necessary capital improvements.
(c) The public water system is taking all
practicable steps to achieve compliance with a maximum contaminant level or
treatment technique requirement.
