All new community and non-transient non-community water
systems shall develop and maintain adequate financial, managerial and technical
capacity to meet the requirements of this chapter and
42 USC
300 f to 300j-26. New community and
non-transient non-community water systems are defined as those constructed
after September 1, 1999, or those that upgrade system type after that date to
become a community or nontransient noncommunity water system.
Note:
42 USC
300 f to 300j-26 is entitled the federal Safe
Drinking Water Act.
(1) NEW SYSTEM
CAPACITY EVALUATION. No new community or non-transient non-community water
system may commence operation after September 1, 1999, unless the owner of the
proposed water system first demonstrates to the satisfaction of the department
that the water system shall have and shall maintain adequate financial,
managerial and technical capacity to meet the requirements of this chapter and
the requirements of
42 USC
300 f to 300j-26. Additions to water systems
constructed prior to September 1, 1999, are exempt from this requirement unless
the additions resulted in an upgrade in system type.
Note:
42 USC
300 f to 300j-26 is entitled the federal Safe
Drinking Water Act.
(2)
CAPACITY EVALUATION SUBMITTAL. To demonstrate financial, managerial and
technical capacity to the department, before beginning construction of a water
system, the owner of a proposed community or non-transient non-community water
system shall submit to the department a system capacity evaluation that
includes all of the following:
(a) A written
description of the water system design that includes all of the following:
1. For groundwater systems, the proposed well
construction and the name of the water-bearing formation.
2. For surface water systems, the name of the
source water body and the intake length and intake location.
3. Pumping capacity.
4. Water treatment.
5. Water storage volume.
6. Length and diameter of water
mains.
7. Pressure range within the
water system.
8. Location of any
pressure reducing valves or pressure booster stations.
9. Map or plat showing the proposed water
system.
(b) Evaluation
of the potential for the water quality to be out of compliance with any of the
primary or secondary standards of this chapter. For groundwater systems, this
evaluation shall be based on a review of water quality information available
from nearby existing wells or on the results of water quality monitoring from a
test well. For surface water systems, this evaluation shall be based on water
quality monitoring from the surface water.
(c) Anticipated average and maximum daily
water use for the proposed water system.
(d) For groundwater systems, a site
assessment that includes all of the following:
1. The separation distances between the well
and potential sources of contamination within the proposed wellhead protection
area.
2. Any violation of the
applicable separation distances contained in chs.
NR 811 and
812.
3. The proximity of the well to any
wetlands.
4. The location of the
well in relation to the 100-year flood elevation.
(e) For surface water systems, a source water
assessment that includes the identification of potential sources of
contamination in relation to the intake and the susceptibility of the water
system to contamination.
(f)
Anticipated number of industrial, commercial and residential water
services.
(g) Initial and projected
customer population and service area.
(h) Information for the identification,
location and contact of the water system designer including the name, address,
and telephone number of the system designer and designer's firm.
(i) Status of all department permits and
approvals related to the construction of the water system.
(j) Information for the identification,
location and contact of the water system owner including the name, address and
telephone number of the water system owner and the extent of the owner's
responsibility for the water system.
(k) Information for the identification,
location and contact of the water system manager including the name, address
and telephone number of the system manager.
(L) Information for the identification,
location, and contact of the water system operator including the name, address
and telephone number of the water system's certified operator as defined in s.
NR 114.03(2). If a certified operator
has not been selected prior to submitting the capacity evaluation, a timetable
for hiring an operator shall be included as part of the capacity evaluation in
lieu of the information for the identification, location and contact of the
water system operator. The water system may not be placed into operation until
the department is provided with the information for the identification,
location and contact of the water system operator required in this
paragraph.
(m) A plan identifying
all sample locations for all monitoring required under the Safe Drinking Water
Act.
(n) Description of the
operational procedures required by this chapter, chs.
NR
809 and
811 and PSC 185 related to
wellhead protection, well abandonment, cross-connection control, operational
reporting, meter testing, hydrant and valve exercising and operator
certification.
(o) Description of
the rate or fee mechanism for other-than-municipal water systems.
(p) Copy of the public service commission
certificate authorizing the construction and operation, and estimating rates,
for municipal water systems regulated by the public service
commission.
(q) Description of the
method of payment for the construction and operation of the water system for
non-transient non-community water systems.
(r) Statement from the water system owner on
the financial capacity of the water system to meet the requirements of this
chapter.
(3) CAPACITY
EVALUATION FORM. The capacity evaluation shall be submitted on a form provided
by the department or in a format approved by the department.
Note: Capacity evaluation forms may be obtained from the
department bureau of drinking water and groundwater at no charge by writing to
Bureau of Drinking Water and Groundwater, Box 7921, Madison, WI 53707.
(4) REQUIRED QUALIFICATIONS. The
information in sub. (2) (a) to (e) shall be prepared by a professional engineer
for municipal water systems and by a professional engineer or licensed well
driller for other-than-municipal or non-transient non-community water
systems.
(5) WAIVER PROCEDURE FOR
NON-COMMUNITY WATER SYSTEMS. The department may waive the requirement for the
owner to supply information on well construction, well location, water quality
monitoring, and operational procedures listed in sub. (2) (a) to (n) for
non-community water systems provided that the owner acknowledges in writing
conformance to the requirements for well construction, well location, water
quality monitoring, and water system operation contained in this chapter and
ch. NR 812.
(6) ENGINEERING OR
DESIGN REPORT. A single engineering or design report may be submitted to
satisfy the requirements of s.
NR 811.09(3) and (4) and the capacity
evaluation required by sub. (2).
(7) DEPARTMENT APPROVAL OF SYSTEM CAPACITY.
The construction of any new non-transient non-community or community water
system may not commence without department approval of the system capacity
evaluation demonstrating technical, financial, and managerial capacity required
in this section.
(8) DENIAL OF
WATER SYSTEM CAPACITY. The department may deny approval of the system capacity
evaluation for any of the following reasons:
(a) The water system design does not conform
to the applicable design and location standards, or approved variances to the
standards, contained in chs.
NR 811 and
812 and SPS 382.
(b) The water system operational procedures
do not meet the applicable requirements of ch. PSC 185 or of this chapter and
ch. NR 811 related to wellhead protection, well abandonment, cross-connection
control, operational reporting, meter testing, hydrant and valve exercising,
and operator certification.
(c) The
water system monitoring plan does not conform to the applicable monitoring
requirements of this chapter and ch. NR 809, approved variances to the
requirements of this chapter and ch. NR 809, or to monitoring requirements
established as part of the department construction approval under chs.
NR 811 and
812.
(d) The system capacity evaluation is
incomplete.
(e) The information
provided does not demonstrate adequate financial capacity to meet the
requirements of this chapter.
