Chapter NR 146

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.

NR 146.08(2) (2) Upgrade any noncomplying water well or pump installation feature on which work is performed. The upgrade shall comply with the laws and rules and with any plans, specifications, variances and approvals approved by the department in effect at the time the upgrade is performed. Water well drillers shall be responsible for corrections relating to well location, construction and reconstruction. Pump installers shall be responsible for corrections relating to the pump installation. Noncomplying water systems features forms shall be completed for other noncomplying features that are apparent and known, with the exception of subs. (9) to (13).

NR 146.08(3) (3) Complete any corrections ordered by the department for any water well construction, heat exchange drilling, pump installation or filling and sealing on which the licensee or registrant performed work, supervised work or signed a well construction report. Water well drillers shall be responsible for corrections relating to well location, construction and reconstruction. Heat exchange drillers shall be responsible for corrections relating to the construction of heat exchange drillholes. Pump installers shall be responsible for corrections relating to the pump installation. Water well drillers, heat exchange drillers, and pump installers shall be held responsible for correcting their well or drillhole filling and sealing violations.

NR 146.08(4) (4) Submit any report or form required to be submitted by applicable laws and rules and by any plans, specifications, variances, and approvals or orders in the time period required and notify the department of any change in information submitted on water well driller, heat exchange driller, or pump installer license, registration and renewal applications. Reports and forms shall be complete, true and accurate.

NR 146.08(5) (5) Clearly identify the name, and license or registration number of the licensed supervisory individual or the registered person in all advertising, estimates, invoices, and receipts and on any water well drilling rig, heat exchange drilling rig, pump installation truck, or similar equipment. The identification of equipment shall be at least 2 inches in height with at least 1/4 inch wide brush stroke. The identification shall have a sharp color contrast with the background on which it is applied. The identification shall remain legible and maintained without deterioration.

NR 146.08(6) (6) Refuse to contract for water well drilling, heat exchange drilling, pump installing or filling and sealing for, or lease or lend water well drilling, heat exchange drilling, pump installing or water well filling and sealing equipment to, an unlicensed individual or unregistered person without having an employee/employer relationship and without directly supervising the water well drilling, pump installing, or filling and sealing activities of the unlicensed individual or unregistered person.

NR 146.08(7) (7) Refuse to contract for water well drilling, heat exchange drilling, pump installing or filling and sealing for, or lease or lend water well drilling, heat exchange drilling, pump installing or filling and sealing equipment to, an individual or person whose license or registration was suspended or revoked, without having an employee/employer relationship and without directly supervising the drilling, heat exchange drilling, pump installing, or filling and sealing activities of the individual or person whose license or registration has been suspended or revoked.

NR 146.08(8) (8) Licensed individual water well drillers shall provide direct supervision on the first 10 water wells drilled by any employee or any individual which the licensed driller is responsible to supervise, if the employee or individual has no water well drilling experience, has no experience in a water well drilling method which is new to the employee or individual or has no experience in a grouting method which is new to the employee or individual.

NR 146.08(8m) (8m) Licensed individual drillers shall provide direct supervision on the first 10 water wells and first 10 heat exchange drillholes drilled by any employee or any individual which the licensed driller is responsible to supervise, if the employee or individual has no water well drilling or heat exchange drilling experience, has no experience in a water well drilling or heat exchange drilling method which is new to that employee or individual or has no experience in a grouting method which is new to that employee or individual.

NR 146.08(9) (9) Before extending any well casing pipe out of a pit, or deepening a well constructed by another individual, the well driller or the pump installer shall measure the well casing pipe depth to verify that the casing depth complies with the code in effect at the time the well casing was installed. Well details, including location, well casing pipe depth, total well depth, distances to possible contaminant sources and well owner information shall be entered on a form and submitted to the department in accordance with s. NR 812.27 (12).

NR 146.08(10) (10) When doing any pump work involving replacement of the pressure tank or work involving the water supply piping inside the basement or building, upstream of the pressure tank, the pump installer shall install a complying sample faucet if one is missing, or replace any sample faucet that does not comply with the requirements of s. NR 812.34, including replacement of any threaded sample faucet with a sample faucet without threads.

NR 146.08(11) (11) When doing any water well work or pump installing work that involves entry into a well located outside a building, the water well driller or pump installer shall extend the well casing pipe in accordance with the requirements of s. NR 812.42 to at least:

NR 146.08(11)(a) (a) 12 inches above grade for any well that is less than 8 inches above grade and was installed before February 1, 1991.

NR 146.08(11)(b) (b) 12 inches above grade for any well that is less than 12 inches above grade and was installed on or after February 1, 1991.

NR 146.08(12) (12) When doing any water well work or pump installing work that involves entry into a well, the water well driller or pump installer shall replace any non-vermin proof well cap with an approved vermin-proof cap or sanitary well seal.

NR 146.08(13) (13) When any water well drilling work or pump installing work is performed involving entry into a well that has a nonpressure conduit, the water well driller or pump installer shall evaluate the integrity of the nonpressure conduit and its connection to the well casing pipe by performing a pressure test. If the nonpressure conduit fails the pressure test, the installation shall be changed to a pitless connection in accordance with s. NR 812.42 (11) (e).

NR 146.08(14) (14) Verify that the appropriate well notification, county well location permit, department approval and/or variance has been obtained before commencing any well construction or reconstruction.

NR 146.08(15) (15) Be legally and financially responsible for correcting any noncomplying work not corrected by individuals or persons which the licensee or registrant supervises or employs.

NR 146.08(16) (16) Have advance and specific knowledge of work being done by any individual for whom they are responsible to supervise.

NR 146.08(16m) (16m) Have advance and specific knowledge of work being done by any individual for whom they are providing direct supervision.

NR 146.08(17) (17) Be adequately equipped to perform water well drilling, heat exchange drilling, pump installing, well filling and sealing and property transfer well inspections in compliance with applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.08(18) (18) Ensure that either a licensed water well driller or a registered water well drilling rig operator is on site at all times during water well drilling activities. The licensee or registrant shall ensure that either a licensed heat exchange well driller or a registered heat exchange drilling rig operator is on site at all times during heat exchange drilling activities.

NR 146.08(18m) (18m) For water wells and pump installations, ensure that the work is performed in a sanitary manner.

NR 146.08(19) (19) Water well drillers, heat exchange drillers, pump installers and well constructors shall, when requested by the department, give notice to the department, as specified in the notice of request, at least on the department work day prior to the day upon which any well construction or reconstruction or any part thereof, any well filling and sealing operation or the installation of any pumping equipment, will be commenced.

NR 146.08 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (title), (intro.), (1), (3) to (7), cr. (8m), (14) to (16), (16m), (17), (18), (18m), (19), CR 13-099: am. (title), (intro.), (1) to (7), cr. (8) to (17), (19) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (8m), (14) to (16), (16m), (17), (18), (18m), (19) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 ss. 39, 40 Register April 2016 No. 724; CR 18-095: am. (9) Register June 2020 No. 774, eff. 7-1-20.

NR 146.09 NR 146.09 Suspension and revocation.

NR 146.09(1) (1) Bases for action. The department may suspend or revoke a license or registration under this chapter for any of the following reasons:

NR 146.09(1)(a) (a) The licensee or registrant made a material misstatement in the application for the license, registration, or any application for renewal of the license or registration.

NR 146.09(1)(b) (b) The licensee or registrant demonstrated incompetency to act in the industry or industries for which the license or registration was issued.

NR 146.09(1)(c) (c) The licensee or registrant willfully violated a second time or more any provision of ch. 280, Stats., or any rule, regulation or order prescribed by the department.

NR 146.09(1)(d) (d) The licensee or registrant was found guilty in any civil or criminal proceeding of any action constituting fraud in connection with water well drilling, heat exchange drilling, or pump installing activities or operations.

NR 146.09(2) (2) Suspension and revocation activities. No individual or person whose license or registration has been suspended or revoked may engage in the business of water [well] drilling, heat exchange drilling, or pump installing during the suspension or revocation period unless all of the following apply:

NR 146.09 Note Note: The word “well” in brackets was removed by CR 13-099 but the word is necessary to give effect to the treatment by CR 13-096. Future rulemaking will address any wording inconsistencies.