State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 101 S. Webster Street Box 7921 Madison WI 53707-7921 May 29, 2014 Lynne K. Van Hollen Assistant Legal Counsel Wisconsin Department of Corrections PO. Box 7925 Madison, WI 53707-7925 SUBJECT: Consent Order 2013-SCEE-031 Dear Ms. Van Hollen:_ Scott Walker, Governor Cathy Stepp, Secretary Telephone 608-266-2621 Toll Free 1?888?936-7463 17"! Access via reiay - 711 DEPT. OF NATURAL RESOURCES Casetrack 2013-SCEE-031 PWSID #11401445 Dodge County This letter is to confirm that Consent Order requiring Fox Lake Correctional institution to address copper and lead levels in its public water supply system is now in effect. The Department looks forward to working with you to meet the commitments established in the agreement. If you have questions about the Consent Order, please contact Pam Buss, Environmental Enforcement Specialist, at (608) 275-3306. Technical questions can be directed to Liz Spaeth?Werner at (920) 387?7873. Sincerely, Steven L. Sisbach, Section Chief Environmental Enforcement Emergency Management Bureau of Law Enforcement cc: L. Spaeth-Werner - Horicon P. Buss - SCR M. Nelson DGIS J. Ohm L818 S. Elmore DGI5 Joy Tassler, Fox Lake Correctional institution, PO Box 147, Fox Lake, WI 53933-0147 dnr.wi.gov Wisconsingov Naturally WISCONSIN PM WWO PAPER DocuSign Envelope 1D: 5 BEFORE THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES in the Matter of Optimizing Corrosion Control Case No.: 2013-SCEE-031 For Reducing Lead and Copper in the Public PWSID i1401445 Water Supply Serving Fox Lake Correctional institution Dodge Co Dodge County, Wisconsin Order No.: 2013-SCEE-031 FINDINGS OF FACT, OF LAW AND CONSENT ORDER FINDINGS OF FACT 1. The Fox Lake Correctional Institution operates a public water system as defined in 3. NR Wis. Adm. Code, which supplies water for human consumption to residents of FLCI, located in Dodge County, Wisconsin. 2. The water system is a ?community water system,? as defined in 3. NR Wis. Adm. Code, having at least 15 service connections used by year-round residents or regularly serving at least 25 year?round residents. 3. in the interest of protecting public health and safety, the federal Safe Drinking Water Act (SDWA) and oh. NR 809, Wis. Adm. Code, require community water systems such as FLCI to submit drinking water compliance samples for various chemical parameters, including lead and copper, as required in the annual monitoring schedules. 4. Section NR Wis. Adm. Code states that the lead action level is exceeded if the concentration of lead in more than 10% of tap water samples collected during any monitoring period conducted in accordance with 3. NR 809.547 is greater than 0.015 mg/L, which means it the ?90th percentile" lead level is greater than 0.015 mg/L. 5. Section NR Wis. Adm. Code states that the copper-action level is - exceeded if the concentration of copper in more than 10% of tap water samples collected during any monitoring period conducted in accordance with 3. NR 809.54? is greater than 1.3 mg/L, which means if the "90th percentile? copper level is greatervthan 1.3 mg/L. 6. Samples collected on October 10, 2008, and analyzed for copper, with final results reported on October 21, 2008, revealed the 90th percentile copper result was 2.0 mg/L, which exceeds the copper action level of 1.3 mg/L. Page 1 of 5 DocuSign iEnvelope IDNotice of Noncompliance (NON) letter from the Department of Natural Resources (Department), dated December 4, 2008, FLCI was told that cooper sample results were greater than the maximum concentration, or action level that is allowed. FLCI began addition of a polyphosphate in 2008 for corrosion control. On September 17, 2009, FLCI submitted to the .Department?a Desktop Corrosion Study which indicated there were no plans to add additional chemicals or install any treatment to address the copper exceedance. The Department responded to the study on September 21, 2009, indicating that, since results of sampiing performed in June 2009, did not exceed the 90th percentile level for either lead or copper, no action was required. Ten samples were collected on July 25, 2012, and analyzed for lead, with final results reported on August 2, 2012. Results revealed the 90th percentile lead result was 0.0175 mg/l. which exceeds the lead action level of 0.015 mgIL. The same ten samples collected on July 25, 2012, were also analyzed for copper, with final results reported on August 2, 2012. Results revealed the 90th percentile copper result was 1.55 mg/L which exceeds the copper action level of 1.3 mg/L. - in a NON letter from the Department, dated September 7, 2012, FLCI was told that both the lead and copper sample results were greater than the 90th percentile action level. To satisfy a request of the NON, water quality sampling was performed on September 18 and 26, 2012, and reported to the Department on October 2, 2012. To satisfy a request of the NON, source water sampling Was performed on October 2 and 8, 2012, and reported to the Department on October 9 and 11, 2012. To satisfy a request of the NON, public education was performed and a copy of the public education materials provided to cUstomers was received by the Department on October 26, 2012. On January 15, 2013, the Department conducted a Drinking Water Sanitary Survey at FLCI. The Survey report noted the lead and copper exceedances at FLCI as a Significant Deficiency and required that a study of the system be performed and a report of the findings submitted to the Department by June 30, 2013, with implementation of the study recommendations to occur no later than December 31, 2013. On June 28, 2013, FLCI submitted to the Department a copy of the study to determine possible causes and solutions to-elevated lead and copper levels in drinking water. On July 2, 2013, Department representatives attended a meeting at FLCI to hear about the findings and recommendations of this study and to discuss potential corrective action. - On October 11, 2013, FLCI submitted information to the Department regarding additional groundwater well investigation and rehabilitation. On November 7, 2013, the Department sent FLCI a Notice of Violation/Notice of Claim letter alleging that the 90th percentile result of lead samples collected on July 25, 2013, was 0.175 mg/L, which exceeds the lead action level. The 90th percentile result of copper samples collected on November 10, 2008, was 2.0 mg/L, which exceeds the copper action level. The 90th percentile resuit of copper samples collected on July 25, 2012, was 1.55 mg/L which exceeds the copper action level. Page 2 of 5 DoouSign Envelope ID: 20. 21. On November 19, 2013, the Department held an Enforcement Conference with On January 15, 2014, the Department held a subsequent conference with FLCI. CONCLUSIONS OF LAW The Department has the authority under s. Stats., to establish and administer a Safe Drinking Water Program, including issuance of rules. Such rules are contained in Chapter NR 809, Wis. Adm. Code. Community water systems are required to complete additional monitoring, provide public education, and take steps to return to compliance with the lead and copper action ievels per subch. ll of ch. NR 809, Wis. Adm. Code. A community water system that exceeds the lead and copper action levels speci?ed in 3. NR and NR Wis. Adm. Code, may be required to install and operate source water treatment, under 3. NR 809.544, Wis. Adm. Code. Section Wis. Stats. establishes that any person who violates an order from the Department may be required to forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. This Order is reasonable and necessary to accomplish the purposes set forth in ch. 281, Stats, and is enforceable under 299.95 and 299.97, Stats. CONSENT ORDER The Department of Natural Resources orders and the Fox Lake Correctional institution agrees to meet the following schedule of actions: 1. shall continue to comply with public education requirements regarding iead and .- copper action level exceedances, under 3. NR 809.546, Wis. Adrn. Code, until compliance with the lead and copper standards is achieved. By no later than May 15, 2014, shall submit complete plans and specifications for rehabilitation of Well #1 and Well #2 and plans and specifications for cleaning, flushing and monitoring the distribution system to the attention of Liz Spaeth-Werner, DNR Horicon and Lee Boushon, DNR Public Water Supply Section Chief, Madison. By no later than July 2014, FLCI shall submit complete plans and specifications for rehabilitation of Well #3 and Well #4 to the attention of Liz Spaeth-Werner, DNR Horicon and Lee Boushon, DNR Public Water Supply Section Chief, Madison. Page 3 of 5 Envetope iD: 5 10. The Department shall review the pians and specifications submitted under pars. 2 and 3, and approve the pians and specifications, with or without modifications, or reject the pians and Specifications and make suggestions for revised plans and specifications within 90 days of receipt. shall complete the approved projects by March 31, 2018. In the monitoring period from April 1, 2016, to June 30, 2016, shall collect the first round iead and copper compliance samples and have them anaiyzed for lead and copper at a Safe Drinking Water Act Certified Laboratory. Analytical results shall be electronically submitted by the laboratory to the Department of Natural Resources Drinking Water database. In the monitoring period July 1, 2016, to December 31, 2016, FLCI shaii coilect a second round of lead and copper compliance samples and have them analyzed for iead and copper at a Safe Drinking Water Act Certified laboratory. Lab results must be submitted to DNR. shalt obtain compliance with the iead and copper standards within one year after completion of well rehabilitation and the other work aimed at achieving compliance with the lead and copper action levels. Compliance is demonstrated when 90th percentile lead and copper results are below the action levei for lead in 3. NR Wis. Adm. Code, and below the action level for copper in 8. NR Wis. Adm. Code, during 2 consecutive 6-month monitoring periods. In no case shall the Department deem the system returned to compliance with the lead and copper standards uniess all sample results are reliably and consistently below the 90th percentile for lead of 0.015 mg/l. and copper of 1.3 mg/L. lf subsequent resuits exceed a lead or copper action level, the Department shall require FLCI to further evaluate treatment to optimize corrosion control, and reduce lead and copper beiow the action leveis. The Department wilt establish a routine monitoring schedule for lead and copper after determining that FLCI complies with the lead and copper action levels in ch. NR 809.54, Wis. Adm. Code. The Department may impose penalties for to comply with the terms of this Order, pursuant to s. 281.98 (1), Wis. Stats. Page 4 of 5 DocuSign Envalope ID: WAIVER AND STIPULATION The Fox Lake Correctional Institution stipulates to the issuance of this Consent Order and hereby waives further notice and statutory rights to demand a hearing before the Department of Natural Resources regarding the foregoing Findings of Fact, Conclusions of Law and Consent Order under 227.42 and Stats, or under any other provision of law and waives its rights to challenge this Consent Order in circuit court under ss. 227.52 and 227.53, Wis. State, or any other provision of law. The Fox Lake Correctional Institution further stipulates and agrees that the Consent Order is effective and enforceable after being signed by the parties and may be enforced in accordance with 38. 299.95 and 299.97, Stats. The undersigned certify that they are authorized to execute such Consent Order, Waiver, and Stipulation. STATE OF DEPARTMENT OF NATURAL RESOURCES For the Secretary DocuSigned by: SW Sisimdr By Date: May 28, 2014 Steven L. Sisbach?, Section Chief Environmental Enforcement Emergency Management Bureau of Law Enforcement STATE OF WISCONSIN DEPARTMENT OF CORRECTIONS Fox Lake Correctional Institution DocuSigned by: (3.71de. s. 10w, 94bit Date. May 28, 2014 hE?dbwardUiEjWaII, Secretary DocuSigned by: By: WM hurry Randall R. Hepp, Warden Fox Lake Correctional institution Date. May 22, 2014 Page 5 of 5