Current through August 26, 2024
(1) GENERAL
REQUIREMENTS. All water suppliers for public water systems shall comply with
the requirements in this subchapter.
(2) WHO SHALL GIVE PUBLIC NOTICE. Each water
supplier for a public water system including, community water systems,
non-transient non-community water systems, and transient non-community water
systems, shall give notice for all violations of national primary drinking
water regulations (NPDWR) and for other situations, as listed in sub. (3). The
term "NPDWR violations" is used in this subchapter to include violations of the
maximum contaminant level, maximum residual disinfection level, treatment
technique, monitoring requirements, and testing procedures in this chapter.
Appendix A to this subchapter identifies the tier assignment for each specific
violation or situation requiring a public notice.
(3) VIOLATION CATEGORIES AND OTHER SITUATIONS
REQUIRING A PUBLIC NOTICE.
(a) All of the
following NPDWR violations require a public notice:
1. Failure to comply with an applicable
maximum contaminant level or maximum residual disinfectant level.
2. Failure to comply with a treatment
technique prescribed by this chapter.
3. Failure to perform water quality
monitoring, as required by the drinking water regulations.
4. Failure to comply with testing procedures
as prescribed in this chapter or by a drinking water regulation.
(b) Conditional waiver to public
notice requirements under subch. VI, including all of the following, require a
public notice:
1. Operation under a
conditional waiver.
2. Failure to
comply with the requirements of any schedule that has been set under a
conditional waiver.
(c)
Special public notices, including all of the following, require a public
notice:
1. Occurrence of a waterborne disease
outbreak or other waterborne emergency.
2. Exceedance of the nitrate MCL by
non-community water systems, if granted permission by the department under s.
NR 809.11(3).
3. Exceedance of the secondary maximum
contaminant level for fluoride.
4.
Availability of unregulated contaminant monitoring data.
5. Other violations and situations determined
by the department to require a public notice under this subchapter, not listed
in Appendix A.
(4) TYPE OF PUBLIC NOTICE REQUIRED FOR EACH
VIOLATION OR SITUATION.
(a)
Public
notice tiers. Public notice requirements are divided into 3 tiers, to
take into account the seriousness of the violation or situation and of any
potential adverse health effects that may be involved. The public notice
requirements for each violation or situation listed in sub. (3) are determined
by the tier to which it is assigned. The definition of each tier is provided in
par. (b). Appendix A identifies the tier assignment for each specific violation
or situation.
(b)
Definition of public notice tiers.
1. Tier 1 public notice is required for NPDWR
violations and situations with significant potential to have serious adverse
effects on human health as a result of short-term exposure.
2. Tier 2 public notice is required for NPDWR
violations and situations with potential to have serious adverse effects on
human health.
3. Tier 3 public
notice is required for NPDWR violations or situations not included in Tier 1
and Tier 2.
(5) WHO SHALL BE NOTIFIED.
(a) Each water supplier for a public water
system shall provide public notice to persons served by the public water
system, in accordance with this subchapter. All water suppliers for public
water systems that sell or otherwise provide drinking water to consecutive
systems are required to give public notice to the water supplier for the
consecutive system. The water supplier for a consecutive system is responsible
for providing public notice to the persons it serves.
(b) If a public water system has a violation
in a portion of the distribution system that is physically or hydraulically
isolated from other parts of the distribution system, the department may allow
the water supplier to limit distribution of the public notice to only persons
served by that portion of the public water system which is out of compliance.
If the department grants permission for limiting distribution of the notice,
permission shall be granted in writing.
(c) A copy of the notice shall also be sent
to the department, in accordance with the requirements under s.
NR 809.80(5).
