Chapter NR 146

NR 146.04(9)(a)4. 4. Submit a completed application that includes the following information regarding the heat exchange drilling experience under subd. 2.: the name, address and signature of the supervisory heat exchange driller, the dates during which a heat exchange drilling rig operator registration was held, a description of the heat exchange drilling activities performed, the names of well owners, their addresses and phone numbers, the legal descriptions of the locations of the heat exchange drillholes, the dates the heat exchange drillholes were constructed, the types and hours of activities for which the supervisory heat exchange driller was present, and a recent photo of the applicant operating a heat exchange or water well drilling rig in which the applicant’s face can be seen clearly.

NR 146.04(9)(a)5. 5. For a period of 3 months prior to the date of applying for an individual heat exchange driller license has provided the department with at least 24-hour notice before starting any heat exchange drilling activities as a heat exchange drilling rig operator in accordance with a letter from the department.

NR 146.04(9)(a)6. 6. Has no record of any unlicensed heat exchange drilling activities after April 1, 2015 during the experience period listed on the individual heat exchange driller license application.

NR 146.04(9)(a)7. 7. Has no unresolved violations, judgments, court or administrative orders or settlements from previous heat exchange drilling activities in Wisconsin and has no violations that were repeated following notice from the department.

NR 146.04(9)(a)8. 8. Has attended the department sponsored or department sanctioned continuing education for heat exchange drillers during the experience period under subd. 1.

NR 146.04(9)(a)9. 9. For applications submitted after January 1, 2020 has met department approved training requirements specific to heat exchange drilling.

NR 146.04(9)(a)10. 10. Meet with a department staff member to review and sign a list of compliance expectations. The applicant will receive the license at the conclusion of the meeting.

NR 146.04(9)(b) (b) If the applicant meets the requirements of par. (a), and receives a notice of eligibility from the department, the applicant may take an exam administered under s. NR 146.045 to demonstrate ability, understanding, and competency to engage in the business of heat exchange drilling in Wisconsin.

NR 146.04 Note Note: The department will solicit exam topics and questions from licensed heat exchange drillers.

NR 146.04(9)(c) (c) Submit the license application fee of $50. If the applicant holds a current water well driller license, the applicant is not required to submit an additional fee to become a licensed heat exchange driller.

NR 146.04(9)(d) (d) If the applicant fails to take and pass the exam under par. (b) within 2 years of receiving a notice of eligibility from the department, the application is void.

NR 146.04(10) (10) Heat exchange driller business registration.

NR 146.04(10)(a) (a) All persons engaging in the business of heat exchange drilling in Wisconsin are required to obtain a business registration for each place of business or retail outlet.

NR 146.04(10)(b) (b) To be eligible for a business registration to engage in the business of heat exchange drilling, the applicant shall meet all of the following requirements:

NR 146.04(10)(b)1. 1. At least one of the following conditions shall be met:

NR 146.04(10)(b)1.a. a. The person operating the business is an individually licensed heat exchange driller.

NR 146.04(10)(b)1.b. b. An individually licensed heat exchange driller has an ownership interest in the business.

NR 146.04(10)(b)1.c. c. An individually licensed heat exchange driller is employed by the business.

NR 146.04(10)(b)1.d. d. The business contracts with an individually licensed heat exchange driller.

NR 146.04(10)(b)2. 2. The licensed individual heat exchange driller under subd. a. is available to provide adequate general and direct supervision of heat exchange drilling activities and has signed a certificate of supervision for the heat exchange drilling business registration as part of the application.

NR 146.04(10)(b)3. 3. The licensed individual heat exchange driller and any registered business for which the heat exchange driller is or was the supervisory heat exchange driller has a pattern of practice that complies with heat exchange drilling laws and rules.

NR 146.04(10)(b)4. 4. The licensed individual heat exchange driller and any registered business for which the driller is or was the supervisory heat exchange driller has no unresolved violations, judgments, court or administrative orders or settlements related to water well drilling, heat exchange drilling, or heat exchange well filling and sealing and has no violations that were repeated following notice from the department, and has no outstanding well construction reports, water samples or well filling and sealing reports from the past five years.

NR 146.04(10)(b)5. 5. The licensed individual heat exchange driller has previous heat exchange drilling experience with the drilling methods, grouting methods and types of machines that will be used by the business registration applicant.

NR 146.04(10)(c) (c) A completed business registration application for each place of business or retail outlet, signed by both the designated supervisory licensed individual heat exchange driller and the owner of the business, shall be submitted by the applicant to the department with the $50 registration fee. If the applicant holds a current registration to engage in the business of water well driller drilling, the applicant is not required to submit an additional fee to become registered to engage in the business of heat exchange drilling.

NR 146.04(10)(d) (d) If requested by the department, the business owner shall meet with a department staff member to review and sign a list of compliance expectations. The business owner will receive the registration at the conclusion of the meeting.

NR 146.04(10m) (10m) Supervisory heat exchange driller responsibilities. The designated supervisory licensed individual heat exchange driller is responsible for ensuring that heat exchange drilling and heat exchange drillhole filling and sealing work performed by the business and its employees is conducted in compliance with all applicable laws and rules and with any plans, specifications, variances or approvals approved by the department. The designated supervisory licensed individual heat exchange driller may be held legally and financially responsible for any corrections needed to noncomplying heat exchange work or noncomplying heat exchange drillhole filling and sealing work. The registered heat exchange drilling business may also be held responsible for such corrections. The designated supervisory licensed individual heat exchange driller shall have advance and specific knowledge of the heat exchange drilling and filling and sealing activities of all individuals which they are responsible to supervise.

NR 146.04(11) (11) Heat exchange drilling rig operator registration.

NR 146.04(11)(a) (a) To be eligible to become a registered heat exchange drilling rig operator, the applicant shall have no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, heat exchange drilling or filling and sealing activities in Wisconsin, shall have no outstanding well construction reports, water samples or filling and sealing reports from the past five years and shall not have engaged in the business of drilling without a license within the past two years.

NR 146.04(11)(b) (b) An individual who seeks registration as a heat exchange drilling rig operator shall apply to the department on a form specified by the department. The individual shall include an application fee of $25. If the individual has a current water well drilling rig operator registration in effect, the applicant does not need to submit an additional fee to become a registered heat exchange drilling rig operator. If an individual has a current heat exchange drilling rig operator registration in effect the applicant does not need to submit an additional fee to become a registered water well drilling rig operator.

NR 146.04(11)(c) (c) In order to retain registration as a heat exchange drilling rig operator an individual shall comply with the requirements for continuing education in s. NR 146.07 (3). The individual shall apply for registration renewal and pay a fee of $25 annually on or before January 1. If the individual has paid the fee for a water well drilling rig operator registration for the same calendar year the applicant does not need to submit an additional fee to renew the heat exchange drilling rig operator registration.

NR 146.04(11)(d) (d) An individual who files an application for registration renewal or who pays the required annual fee after January 1 shall pay a late penalty of $15.

NR 146.04(11)(e) (e) Registered heat exchange drilling rig operators may not engage in the business of heat exchange drilling, except for performing heat exchange drilling activities.

NR 146.04(11)(f) (f) An individual who is not a licensed heat exchange driller or a registered heat exchange drilling rig operator may only perform heat exchange drilling if the individual is employed by a licensed individual heat exchange driller or a registered heat exchange drilling business and is under the direct supervision of a licensed heat exchange driller or a registered heat exchange drilling rig operator who is on site during all heat exchange well drilling activities.

NR 146.04 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (1) (a), (d), cr. (2) (dm), (4) (e), (9) to (11), CR 13-099: am. (title), (1) (a), (b), (d), (2) (title), (intro.), (a), (b), renum. (2) (c) to (i) and am., cr. (2) (cm), am. (2) (d), cr. (2) (e) to (h), (j) to (L), (2m), am. (3) (title), (intro.), renum. (3) (a) to (c) and am., cr. (3) (a), am. (3) (b), cr. (3) (d), (e), (3m), r. and recr. (4), cr. (4e), (4m) to (8) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (2) (dm), (4) (e), (9) to (11) made under s. 13.92 (4) (b) 1., Stats., correction in titles in (2m), (3m), (4m), (6), (7m), (10m) made under s. 13.92 (4) (b) 2., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 s. 36 Register April 2016 No. 724; EmR2123: emerg. cr. (1) (e), am. (2) (i), (2m), (3) (c), (3m), (9) (b), (c), eff. 8-21-21; CR 21-068: cr. (1) (e), am. (2) (i), (2m), (3) (c), (3m), (9) (b), (c) Register April 2022 No. 796, eff. 5-1-22; correction in (9) (b) made under s. 35.17, Stats., Register April 2022 No. 796.

NR 146.045 NR 146.045 Examination administration, application, and fees.

NR 146.045(1) (1) Administration. The department shall administer examinations required under this chapter. The department will primarily rely on an organization under contract with the department to provide examinations. The department may conduct examinations on a case-by-case basis when necessary to accommodate applicants’ needs. An organization under contract to provide examinations may charge fees to cover the cost of providing any exam under this section as allowed under its contract with the department. Examination results shall be made available to an applicant within 30 days of the examination date.

NR 146.045(2) (2) Application. An eligible applicant shall apply for an examination using a form prepared by the department and submit the fees specified under sub. (3). Applications and fees shall be submitted to the department no later than 10 business days prior to the examination date. An applicant that does not achieve a passing score may apply to the department to retake an examination.

NR 146.045(3) (3) Fees. An eligible applicant shall pay the license application fee as specified under s. NR 146.04 (2) (k), (3) (d), or (9) (c) prior to taking an examination. An eligible applicant shall also pay any examination fees charged by an organization contracted under sub. (1). Fees may not be refunded to an applicant who fails to pass an examination, fails to appear to take the examination, or who fails to identify themselves upon request.

NR 146.045 History History: EmR2123: emerg. cr., eff. 8-21-21; CR 21-068: cr. Register April 2022 No. 796, eff. 5-1-22

NR 146.05 NR 146.05 License and registration conditions and emeritus.

NR 146.05(1) (1) Conditions. The department may condition a license, registration, or renewal issued under this chapter based on the experience, qualifications, equipment and compliance history of the applicant or of the licensed supervisory individual or of the licensed individual supervisory driller. Conditions which may be imposed by the department include restriction of water well drilling or heat exchange drilling to specific methods, equipment, or geologic formations, or advance notification to the department of drilling, pump installing, well filling and sealing or property transfer well inspection activities.

NR 146.05 Note Note: A notification condition may be fulfilled by a water well driller or pump installer by telephoning, e-mailing, or faxing the notification to the office of the designated department employee.

NR 146.05(2) (2) Emeritus status. A Wisconsin licensed individual water [well] driller or pump installer in good standing may request to be listed with the department as an emeritus if the water well driller or pump installer is no longer engaged in the business or businesses for which a Wisconsin license was obtained. An emeritus individual is not required to earn the continuing education credits described in s. NR 146.07 and shall continue to receive codes, bulletins or other documents prepared and printed by the department. If an emeritus individual has not earned the annual continuing education requirements during the years for which the license was in emeritus status but wishes to reactivate his or her license to engage in water well drilling, pump installing, well filling and sealing, or property transfer well inspections, the individual must pass the appropriate exam. An individual in emeritus status is not eligible to be a supervisory water well driller or pump installer.

NR 146.05 Note Note: “Well” in brackets was removed by CR 13-096, but is necessary to give effect to the treatment by CR 13-099. Future rulemaking will address any wording inconsistencies.

NR 146.05 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (title), (1), (2), CR 13-099: am. (title), (1), (2) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 37 Register April 2016 No. 724.

NR 146.06 NR 146.06 Out of state water well drillers. Water well drillers who hold an individual license to drill potable wells in states other than Wisconsin are eligible to obtain an individual Wisconsin water well driller license if all of the following requirements are met:

NR 146.06(1) (1) The department determines that the water well drilling construction standards and licensing laws and rules in effect at the time of licensure in at least one of the states in which the applicant is currently licensed were substantially similar to Wisconsin’s.

NR 146.06(2) (2) The applicant is in good standing in all states in which the applicant is or was licensed or registered to drill potable wells.

NR 146.06(3) (3) The applicant demonstrates competency to engage in the business of potable well drilling in Wisconsin by passing an examination administered under s. NR 146.045.

NR 146.06(4) (4) The applicant completes an application which is true and accurate and submits it with an application fee of $50 to the department.

NR 146.06(5) (5) The applicant meets with a department staff member to review and sign a list of compliance expectations. The applicant will receive the license at the conclusion of the meeting.

NR 146.06 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-099: am. (1) to (4), cr. (5) Register September 2014 No. 705, eff. 10-1-14; correction in (3) made under s. 35.17, Stats., Register September 2014 No. 705; EmR2123; emerg. am. (3), eff. 8-21-21; CR 21-068: am. (3) Register April 2022 No. 796, eff. 5-1-22.

NR 146.065 NR 146.065 Out of state heat exchange drillers. Heat exchange drillers who hold an individual license to construct heat exchange drillholes in states other than Wisconsin are eligible to obtain an individual Wisconsin heat exchange driller license if all of the following requirements are met:

NR 146.065(1) (1) The department determines that the heat exchange well drilling construction standards and licensing laws and rules in effect at the time the applicant was licensed in at least one of the states in which the applicant is currently licensed were substantially similar to Wisconsin’s.

NR 146.065(2) (2) The applicant is in good standing in all states in which the applicant is or was licensed or registered to drill heat exchange drillholes.

NR 146.065(3) (3) The applicant demonstrates competency to engage in the business of heat exchange drilling in Wisconsin by passing an examination administered under s. NR 146.045.

NR 146.065(4) (4) The applicant submits a completed application which is true and accurate and an application fee of $50 to the department. If the applicant holds a current Wisconsin water well driller license the applicant does not need to submit an additional fee to become a Wisconsin licensed heat exchange driller.

NR 146.065 History History: CR 13-096: cr. Register September 2014 No. 705, eff. 10-1-14; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; EmR2123: emerg. am. (3), eff. 8-21-21; CR 21-068: am. (3) Register April 2022 No. 796, eff. 5-1-22.

NR 146.07 NR 146.07 Renewals.

NR 146.07(1) (1) Application.

NR 146.07(1)(a) (a) To renew a license or registration, the licensee or registrant shall submit a true and complete renewal application to the department on or before January 1 of each year. The department may require that proof of compliance with continuing education credit requirements under sub. (3) be submitted with the renewal application.

NR 146.07(1)(b) (b) Renewal applications shall be submitted on forms specified by the department and accompanied by an application fee of $50 for each water well driller or heat exchange driller license or registration; $25 for each pump installer license or registration and $25 for each water well or heat exchange drilling rig operator registration. Only one $50 fee is required if the same licensee holds both a water well driller or heat exchange driller license. Only one $50 fee is required if the same registrant holds both a water well driller or heat exchange driller registration. Only one $25 fee is required if the same registrant holds both a water well drilling rig operator registration and a heat exchange drilling rig operator registration.

NR 146.07(1)(c) (c) The department shall conduct review of completed renewal applications within 15 business days. Incomplete applications will be returned to the applicant.

NR 146.07 Note Note: Renewal applications must be received by the department no later than December 5 for a renewal to be effective on January 1 of the following year.

NR 146.07(1)(d) (d) A late penalty of $15 shall be assessed for any application received by the department after January 1. An incomplete renewal application which is resubmitted to the department after January 1 shall be assessed a late penalty of $15.

NR 146.07(1)(e) (e) A renewal is effective on the date the licensee or registrant receives a permit from the department and expires on December 31 of each year.

NR 146.07(1)(f) (f) A drilling rig operator registration expires when the individual becomes a licensed individual water well driller.

NR 146.07(1)(g) (g) A drilling rig operator registration is not valid unless the rig operator is employed by a licensed driller licensed or a drilling business registered for the type of drilling designation held by the rig operator.

NR 146.07(1)(h) (h) The renewal application for a business registration shall be signed by both the licensed supervisory individual driller and the owner of the drilling business.

NR 146.07(1)(i) (i) The renewal application for a registered drilling rig operator shall be signed by the rig operator’s employer.

NR 146.07(1)(j) (j) The department may require registered water well drilling or pump installing businesses and their licensed supervisory individuals to complete an updated certificate of supervision with a renewal application.

NR 146.07(2) (2) Eligibility.

NR 146.07(2)(a) (a) Only individuals holding valid Wisconsin licenses or registrations on December 31 who have met the continuing education credit requirements of this section are eligible for renewal in the following year.

NR 146.07(2)(b) (b) An individual whose license or registration is not in effect on December 31, due to any of the following reasons, is not eligible to renew the license or registration:

NR 146.07(2)(b)1. 1. Failure to attend continuing education.

NR 146.07(2)(b)2. 2. Failure to renew during the calendar year.

NR 146.07(2)(b)3. 3. Department of revenue hold on license, registration or renewal lasting longer than one calendar year for failure to pay state income taxes.

NR 146.07(2)(b)4. 4. Department of children and families hold on license, registration or renewal lasting longer than one calendar year for failure to pay child support.

NR 146.07(2)(b)5. 5. Suspension lasting longer than one calendar year.

NR 146.07(2)(c) (c) If a license or registration is not renewed because of the reasons under par. (b), the individual whose license or registration is not renewed must take and pass the appropriate exam and comply with s. NR 146.04 (9) (a) 7. to become licensed again.

NR 146.07(2)(d) (d) If a water well or heat exchange license is not renewed for 5 or more years, the applicant shall meet the requirements in effect for obtaining a new water or heat exchange driller license.

NR 146.07(2)(e) (e) Only registered persons who have a licensed supervisory individual who has met the continuing education credit requirements of this section are eligible for renewal in the following year.

NR 146.07(3) (3) Continuing education. Each calendar year, licensed and registered individuals are required to earn six continuing education hours by attending continuing education sessions sponsored or sanctioned by the department. Continuing education hours shall be earned between January 1 and December 31 of each year beginning January 1, 1989 for water well drillers and pump installers, and beginning January 1, 2009 for registered water well drilling rig operators and beginning January 1, 2016, for licensed heat exchange drillers and registered heat exchange drilling rig operators. Continuing education hours are not required during the first calendar year in which an individual becomes licensed or registered for the first time, except that registered water well drilling rig operators or registered heat exchange drilling rig operators shall earn continuing education hours during the year in which they are first licensed or registered if they include their first year as a drilling rig operator toward their experience to obtain the applicable drilling license.

NR 146.07 Note Note: The department will consult with water well drillers, heat exchange drillers, and pump installers in developing continuing education programs. One of the department sponsored continuing education sessions for water well drillers and pump installers will be held in conjunction with the annual Wisconsin Water Well Association conference.

NR 146.07(4) (4) Engaging in business. An individual or person applying for a renewal under this section may not engage in the business of water well drilling, heat exchange drilling, pump installing, well filling and sealing or property transfer well inspections after a license or registration has expired until the individual or person has received a renewed [water] well driller or pump installer license or registration from the department.

NR 146.07 Note Note: The word “water” in brackets was added by CR 13-099 but is rendered superfluous by the treatment of CR 13-096. Future rulemaking will address any wording inconsistencies.

NR 146.07 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; am. (3) (a) and r. (3) (b), (c) and (d), Register, February, 1991, No. 422, eff. 3-1-91; CR 13-096: am. (1) (a), (b), (e), cr. (1) (f) to (j), r. and recr. (2), am. (3), (4), CR 13-099: am. (1) (a), (b), (e), cr. (1) (f) to (j), r. and recr. (2), am. (3), (4) Register September 2014 No. 705, eff. 10-1-14; correction in (2) (b), (c) made under s. 13.92 (4) (b) 6., 7., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 s. 38 Register April 2016 No. 724.

NR 146.08 NR 146.08 Licensee and registrant responsibilities. All water well driller, heat exchange driller, and pump installer licensees and registrants and registered water well drilling and heat exchange rig operators shall do all of the following if applicable to the individual’s license or person’s registration:

NR 146.08(1) (1) Perform work in compliance with, and ensure that work performed under their supervision is conducted in compliance with, all applicable laws and rules and with any plans specifications, variances, and approvals approved by the department; and perform work in a sanitary manner.