Section NR 809.833 - Content of consumer confidence reports Water suppliers for each community water system shall provide to their customers an annual report that contains all of the information specified in this section and s. NR 809.835.
(1) INFORMATION ON THE SOURCE OF THE WATER DELIVERED. Each report shall identify the sources of the water delivered by the community water system by providing information on all of the following: (a) The type of the water, including, surface water, groundwater.(b) The commonly used name, if any, and location of the bodies of water.(c) If a source water assessment has been completed, the report shall notify consumers of the availability of this information and the means to obtain it. In addition, water suppliers are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. If a public water system has received a source water assessment from the department, the report shall include a brief summary of the public water system's susceptibility to potential sources of contamination, using language provided by the department or written by the water suppliers.(2) DEFINITIONS. (a) Each report shall include all of the following definitions:1. Maximum contaminant level goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.2. Maximum contaminant level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.(b) A report for a community water system operating under a variance or an exemption issued under subch. VI shall include the following definition, "Variances and Exemptions: state or EPA permission not to meet an MCL or a treatment technique under certain conditions."(c) A report which contains data on contaminants which EPA regulates using any of the following terms shall include the applicable definitions: 1. "Treatment technique: A required process intended to reduce the level of a contaminant in drinking water."2. "Action level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a public water system shall follow."3. "Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants."4. "Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants."(d) A report that contains information regarding a Level 1 or Level 2 Assessment required in s. NR 809.313 shall include the following definitions: 1. "Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine, if possible, why total coliform bacteria have been found in our water system."2. "Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine, if possible, why an E. coli MCL violation has occurred or why total coliform bacteria have been found in our water system, or both, on multiple occasions."(3) INFORMATION ON DETECTED CONTAMINANTS. With the exception of Cryptosporidium, reports shall contain the following information in the specified format, for regulated contaminants subject to a MCL, action level, maximum residual disinfectant level, microbial contaminants, or treatment technique, unregulated contaminants for which monitoring is required under subch. I, and disinfection by-products for which monitoring is required under subch. III:(a) The data relating to these contaminants shall be displayed in one table or in several adjacent tables. Any additional monitoring results which a water supplier chooses to include in its report shall be displayed separately.(b) The data shall be derived from data collected to comply with EPA and department monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter except that: 1. If a public water system is allowed to be monitored for regulated contaminants less often than once a year, the tables shall include the date and results of the most recent sampling and the report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than 5 years need be included.2. Results of monitoring in compliance with requirements issued under 40 CFR Sub. D, part 141.142 and 141.143 under the information collection rule need only be included for 5 years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.(c) For detected regulated contaminants, listed in Appendix A to this subchapter, the tables shall contain all of the following:1. The MCL for that contaminant expressed as a number equal to or greater than 1.0, as provided in Appendix A to this subchapter.2. The MCLG for that contaminant expressed in the same units as the MCL.3. If there is no MCL for a detected contaminant, the table shall indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report shall include the definitions for treatment technique or action level, or both, as appropriate, specified in this paragraph.4. For contaminants subject to an MCL, except turbidity and E. coli, the highest contaminant level used to determine compliance with requirements of this chapter and the range of detected levels as follows:a. When compliance with the MCL is determined annually or less frequently: the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.b. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL. When the MCL for TTHM or HAA5 in s. NR 809.561(2) is exceeded at a locational running annual average monitoring location, systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL.c. When compliance with the MCL is determined on a public water system-wide basis by calculating a running annual average of all samples at all sampling points: the average and range of detection expressed in the same units as the MCL. Note: When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in Appendix A of this subchapter.
5. For turbidity:a. When it is reported pursuant to s. NR 810.29, the highest average monthly value.b. When it is reported pursuant to s. NR 810.29, the highest monthly value. The report should include an explanation of the reasons for measuring turbidity.c. When it is reported pursuant to s. NR 810.29, the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in s. NR 810.29 for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity.6. For lead and copper: the 90 th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level.7. For E. coli analytical results under s. NR 809.31, the total number of positive samples.8. The likely sources of detected contaminants to the best of the water supplier's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the water supplier. If the water supplier lacks specific information on the likely source, the report shall include one or more of the typical sources for that contaminant listed in Appendix A to this subchapter that are most applicable to the public water system.(d) If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table should contain a separate column for each service area and the report should identify each separate distribution system. Alternatively, water suppliers could produce separate reports tailored to include data for each service area.(e) The tables shall clearly identify any data indicating violations of MCLs or treatment techniques and the report shall contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the water supplier to address the violation. To describe the potential health effects, the water supplier shall use the relevant language of Appendix A to this subchapter.(f) For detected unregulated contaminants for which monitoring is required, except Cryptosporidium, the tables shall contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.(4) INFORMATION ON CRYPTOSPORIDIUM, RADON AND OTHER CONTAMINANTS.(a) If the water supplier has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 CFR sub. D, part 141, s. 141.143 (information collection rule), which indicates that Cryptosporidium may be present in the source water or the finished water, the report shall include all of the following: 1. A summary of the results of the monitoring.2. An explanation of the significance of the results.(b) If the water supplier has performed any monitoring for radon which indicates that radon may be present in the finished water, the report shall include all of the following: 1. The results of the monitoring.2. An explanation of the significance of the results.(c) If the water supplier has performed additional monitoring which indicates the presence of other contaminants in the finished water, the report shall include all of the following:1. The results of the monitoring.2. An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation. Note: To determine the significance of the results it is recommended that water supplier call the Safe Drinking Water Hotline at 800-426-4791.
(5) COMPLIANCE WITH ALL DRINKING WATER REGULATIONS. In addition to the requirements of sub. (3) (f), the report shall note any violation that occurred during the year covered by the report of a requirement listed in this subsection. The report also shall include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the water supplier has taken to correct the violation. All of the following violations shall be included: (a) Failure to comply with requirements for monitoring and reporting of compliance data.(b) For public water systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of the equipment or processes which constitutes a violation, the report shall include the following language as part of the explanation of potential adverse health effects. 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.(c) Lead and copper control requirements that are prescribed by subch. II. For public water systems that fail to take one or more actions prescribed by s. NR 809.541(4), 809.542, 809.543, 809.544 or 809.545, the report shall include the applicable language of Appendix A to this subchapter for lead, copper or both.(d) Treatment techniques for Acrylamide and Epichlorohydrin that are prescribed by subch. I. For public water systems that violate the requirements of s. NR 809.25(4), the report shall include the relevant language from Appendix A to this subchapter.(e) Failure to comply with required recordkeeping of compliance data.(f) Failure to comply with special monitoring requirements prescribed by ss. NR 809.118 and 809.25.(g) Violation of the terms of a variance, an exemption or an administrative or judicial order.(6) EXEMPTIONS. If a public water system is operating under the terms of a conditional waiver or variance issued under subch. VI, the report shall contain all of the following: (a) An explanation of the reasons for the variance or exemption.(b) The date on which the variance or exemption was issued.(c) A brief status report on the steps the water supplier is taking to install treatment, find alternative sources of water or otherwise comply with the terms and schedules of the variance or exemption.(d) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.(7) ADDITIONAL INFORMATION.(a)Contaminants in drinking water. The report shall contain a brief explanation regarding contaminants, which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of subds. 1. to 3. or water supplier may use their own comparable language. The report also shall include the language of subd. 4. 1. "The sources of drinking water, both tap water and bottled water, include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or to the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity."2. "Contaminants that may be present in source water include:" a. "Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife."b. "Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming."c. "Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff and residential uses."d. "Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff and septic systems."e. "Radioactive contaminants, which can be naturally occurring or the result of oil and gas production and mining activities."3. "In order to ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. FDA regulations establish limits for contaminants in bottled water, which shall provide the same protection for public health."4. "Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the environmental protection agency's safe drinking water hotline (800-426-4791)."(b)Water supplier contact information. The report shall include the telephone number of the owner, operator or designee of the community water system as a source of additional information concerning the report.(c)Non-English translations. In communities where non-English speaking residents comprise a significant portion of the population served, the report shall contain information in the appropriate language or languages regarding the importance of the report, or contain a telephone number or address where the residents may contact the public water system to obtain a translated copy of the report or assistance in the appropriate language. In communities where a specific non-English speaking group comprises at least 5% of the population of the community served, the report shall be translated into that language.(d)Public participation opportunities. The report shall include information, including, time and place of regularly scheduled board meetings, about opportunities for public participation in decisions that may affect the quality of the water.(e)Additional public education. The water suppliers may include additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.(f)Public water systems with significant deficiencies or E. coli positives under s. NR 809.325.1. A water supplier for any groundwater system that receives notice from the department of a significant deficiency or notice from a laboratory of a fecal indicator-positive groundwater source sample required under s. NR 809.325(2), that is not invalidated by the department under s. NR 809.323(2), must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive groundwater source sample in the next report.2. The water supplier must continue to inform the public annually until the department determines that particular significant deficiency is corrected or the fecal contamination in the groundwater source is addressed under s. NR 809.327(1). Each report must include all the following applicable elements: a. The nature of the particular significant deficiency or the source of the fecal contamination, if the source is known, and the date the significant deficiency was identified by the department or the dates of the fecal indicator-positive groundwater source samples.b. If the fecal contamination in the groundwater source has been addressed under s. NR 809.327(1) and the date of such action.c. For each significant deficiency or fecal contamination in the groundwater source that has not been addressed under s. NR 809.327(1), the department approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed.d. If the public water system receives notice of a fecal indicator-positive groundwater source sample that is not invalidated by the department under s. NR 809.323(2), the potential health effects using the health effects language of Appendix A of subch. V.3. If directed by the department, a water supplier for a public water system with significant deficiencies that have been corrected before the next report is issued must inform the customers, of the public water system, of the significant deficiency, how the deficiency was corrected, and the date of correction under subd. 1.(g)Water suppliers required to conduct Level 1 or Level 2 assessments not resulting from an E. coli MCL violation. Any water supplier required to comply with the Level 1 assessment requirement or a Level 2 assessment requirement that is not resulting from an E. coli MCL violation must include in the report the text found in subds. 1. to 3. as appropriate, filling in the blanks accordingly. Any water supplier that has failed to complete all the required assessments or correct all identified sanitary defects is in violation of the treatment technique requirement and must also include one or both of the statements in subds. 4. and 5. of this paragraph, as appropriate. 1. 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. [NAME OF WATER SUPPLIER] found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, [NAME OF WATER SUPPLIER] is required to conduct assessments to identify problems and to correct any problems that were found during these assessments.2. During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessments. [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.3. During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were required to be completed for our water system. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.4. During the past year we failed to conduct all of the required assessments.5. During the past year we failed to correct all identified defects that were found during the assessments.(h)Water suppliers required to conduct Level 2 assessments resulting from an E. coli MCL violation. Any water supplier required to conduct a Level 2 assessment resulting from an E. coli MCL violation must include in the report the text found in subds. 1. and 2., filling in the blanks accordingly, if appropriate. Any system that has failed to complete the required assessment or correct all identified sanitary defects is in violation of the treatment technique requirement and must also include the statements in subds. 3. and 4., as appropriate. 1. 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 found E. coli bacteria, 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 were found during these assessments.2. We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.3. We failed to conduct the required assessment.4. We failed to correct all sanitary defects that were identified during the assessment that we conducted.(i)Water suppliers detecting E. coli and violating the E. coli MCL. If a water supplier detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in sub. (3) (c), the water supplier must include one or more of the statements in subds.1. to 4. to describe any noncompliance, as applicable: 1. We had an E. coli-positive repeat sample following a total coliform-positive routine sample.2. We had a total coliform-positive repeat sample following an E. coli-positive routine sample.3. We failed to take all required repeat samples following an E. coli-positive routine sample.4. We failed to test for E. coli when any repeat sample tests positive for total coliform.Wis. Admin. Code Department of Natural Resources NR 809.833
CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (d) and (f) made under s. 13.92(4) (b) 7, Stats., Register November 2010 No. 659.Amended by, CR 15-049: cr. (2) (d), am. (3) (c) 4. (intro.), b., r. and recr. (3) (c) 7., r. (3) (c) 8., renum. (3) (c) 9. to (c) 8., am. (7) (f) 1., 2. d., cr. (7) (g) to (i) Register March 2016 No. 723, eff. 4-1-16; correction in (7) (i) (intro.) made under s. 35.17, Stats., Register March 2016 No. 723, eff.4/1/2016Amended by, correction in (Note), (6) (intro.), (Note) made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019