Chapter NR 146

NR 146.04(4)(b)2. 2. The licensed individual water well driller under subd. 1. is available to provide adequate general and direct supervision of water well drilling activities and has signed an certificate of supervision for the water well drilling business registration as part of the application.

NR 146.04(4)(b)3. 3. The licensed individual water well driller and any registered business for which the driller is or was the supervisory water well driller has a pattern of practice that complies with water well drilling, well filling and sealing and property transfer well inspection laws and rules.

NR 146.04(4)(b)4. 4. The licensed individual water well driller and any registered business for which the water well driller is or was the supervisory water well driller has no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities, 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(4)(b)5. 5. The licensed individual water well driller has previous water well drilling experience with the drilling method, grouting method and type of machine that will be used by the business registration applicant.

NR 146.04(4)(c) (c) A completed business registration application for each place of business or retail outlet, signed by both the designated supervisory licensed individual water well driller and the owner of the business, shall be submitted by the applicant to the department with the $50 application fee.

NR 146.04(4)(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(4)(e) (e) If the applicant holds a current heat exchange driller registration, the applicant is not required to submit an additional fee to become a registered water well driller.

NR 146.04(4m) (4m) Supervisory well driller responsibilities. The designated supervisory licensed individual water well driller is responsible for ensuring that potable well drilling and water well 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 and approvals approved by the department. The designated supervisory licensed individual water well driller may be held legally and financially responsible for any corrections needed to noncomplying potable well drilling work or noncomplying water well filling and sealing work. The registered water well drilling business may also be held responsible for such corrections. The designated supervisory licensed individual water well driller shall have advance and specific knowledge of the potable well drilling and water well filling and sealing activities for all individuals which they are responsible to supervise.

NR 146.04(5) (5) Pump installer business registration.

NR 146.04(5)(a) (a) All persons engaging in the business of pump installing, well filling and sealing, or property transfer well inspections in Wisconsin shall obtain a business registration for each place of business or retail outlet.

NR 146.04(5)(b) (b) To be eligible for a business registration to engage in the business of pump installing, well filling and sealing, or property transfer well inspections, the business applicant shall meet all of the following requirements:

NR 146.04(5)(b)1. 1. At least one of the following conditions shall be met:

NR 146.04(5)(b)1.a. a. The person operating the business is an individually licensed pump installer.

NR 146.04(5)(b)1.b. b. An individually licensed pump installer has an ownership interest in the business.

NR 146.04(5)(b)1.c. c. An individually licensed pump installer is employed by the business.

NR 146.04(5)(b)1.d. d. The business contracts with an individually licensed pump installer.

NR 146.04(5)(b)2. 2. The licensed individual pump installer under par. (a) is available to provide adequate general and direct supervision of pump installing activities and has signed a certificate of supervision for the pump installing business registration as part of the application.

NR 146.04(5)(b)3. 3. The licensed individual pump installer and any registered business for which the pump installer is or was the supervisory pump installer shall have a pattern of practice that complies with pump installing, well filling and sealing and property transfer well inspection laws and rules.

NR 146.04(5)(b)4. 4. The licensed individual pump installer and any registered business for which the pump installer is or was the supervisory pump installer shall have no unresolved violations, judgments, court or administrative orders or settlements from previous well drilling, pump installing, well filling and sealing or property transfer well inspection activities and have no violations that were repeated following notice from the department. There shall also be no outstanding water samples or water well filling and sealing reports from the past five years.

NR 146.04(5)(c) (c) A completed business registration application, signed by both the designated supervisory licensed individual pump installer and the owner of the business shall be submitted by the business owner to the department for each place of business or retail outlet with the $25 application fee.

NR 146.04(5)(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 business registration at the conclusion of the meeting.

NR 146.04(6) (6) Supervisory pump installer responsibilities. The designated supervisory licensed individual pump installer is responsible for ensuring that potable pump installing and water well filling and sealing work performed by the business and its employees and welders 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 pump installer may be held legally and financially responsible for any corrections needed to noncomplying potable pump installations and noncomplying water well filling and sealing work. The registered pump installing business may also be held responsible for such corrections. The designated supervisory licensed individual pump installer shall have advance and specific knowledge of the potable pump installing activities and water well filling and sealing work for all individuals which they are responsible to supervise.

NR 146.04(7) (7) License or registration required. No individual or person may engage in the business of water well filling and sealing without either a water well drilling license or registration, or a pump installer license or registration.

NR 146.04(8) (8) Water well drilling rig operator registration.

NR 146.04(8)(a) (a) To be eligible to become a registered water well drilling rig operator, the applicant shall have no unresolved violations, judgments, court or administrative orders, or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities in Wisconsin, shall have no outstanding well construction reports, water samples or well filling and sealing reports from the past five years and shall not have engaged in the business of well drilling without a license within the past two years.

NR 146.04(8)(b) (b) An individual who seeks registration as a water well drilling rig operator shall apply to the department on a form specified by the department. The application shall be signed by the licensed individual supervisory well driller. The applicant shall include an application fee of $25.

NR 146.04(8)(c) (c) In order to retain registration as a water well 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. The renewal application shall be signed by the licensed individual supervisory well driller.

NR 146.04(8)(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(8)(e) (e) Registered water well drilling rig operators may not engage in the business of water well drilling, except for performing water well drilling activities.

NR 146.04(8)(f) (f) An individual who is not a licensed water well driller or a registered water well drilling rig operator may only perform well drilling activities if the individual is employed by a licensed individual well driller or a registered water well drilling business and the individual is under the direct supervision of a licensed water well driller or a registered water well drilling rig operator who is on site during all water well drilling activities.

NR 146.04(9) (9) Heat exchange driller license.

NR 146.04(9)(a) (a) To be eligible to take the exam for an individual heat exchange driller license, an applicant shall meet all of the following requirements:

NR 146.04(9)(a)1. 1. Has been a registered heat exchange drilling rig operator for at the least 2 years within the 5 years before the date of applying for an individual heat exchange driller license.

NR 146.04(9)(a)2. 2. Within the 5 years immediately prior to the date of applying for an individual heat exchange driller license, has completed a minimum of ten heat exchange drilling projects totaling at least 5000 feet of heat exchange pressure grouted drillhole or has completed a minimum of 30 pressure grouted wells including a minimum of 2500 feet of pressure grouted casing. Nonpotable pressure grouted wells, including pressure grouted environmental monitoring wells constructed under ch. NR 141, qualify toward the requirements of this subdivision. Experience obtained in a formal degree or apprenticeship program approved in advance by the department may qualify toward the requirements of this subdivision.

NR 146.04 Note Note: The department will maintain a list of formal degree or apprenticeship programs providing experience that meets the requirements of this subdivision.

NR 146.04(9)(a)3. 3. Was the individual who operated the drilling rig performing all the heat exchange well drilling activities during the period of the drilling experience under subd. 2. To fulfill this requirement all heat exchange drillholes included on the application shall be constructed in accordance with all laws and rules including reporting, and any department-approved plans, specifications, variances and approvals.

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: