Chapter NR 146

NR 146.09(3)(c) (c) An individual whose water well drilling, heat exchange drilling, or pump installing license was revoked for any reason shall demonstrate the individual licensee’s knowledge to engage in water well drilling, heat exchange drilling, or pump installing by passing an exam administered under s. NR 146.045. An individual who has had a water well drilling, heat exchange drilling, or pump installing license revoked for incompetency is not eligible to become licensed again until after the individual has demonstrated competency in the activity for which the individual was deemed incompetent. In the alternative, the department may grant a conditional license to the applicant, which restricts the individual from engaging in the activity for which the individual was deemed incompetent. Competency shall be demonstrated by performing the activity while working under the direct supervision of an individual licensed for that activity for at least 2 years without violations.

NR 146.09(3)(d) (d) An individual whose license was suspended for willful violations and has failed to comply with requirements of the suspension order so that the suspension extends longer than one calendar year, shall take and pass the exam to become licensed, as provided in s. NR 146.07 (2).

NR 146.09 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; CR 13-096: am. (1), (2), (3) (a), (b), cr. (3) (c), (d), CR 13-099: am. (1), (2), (3) (a), (b), cr. (3) (c), (d), Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 41 Register April 2016 No. 724; EmR2123: emerg. am. (3) (a), (c), eff. 8-21-21; CR 21-068: am. (3) (a), (c) Register April 2022 No. 796, eff. 5-1-22.

NR 146.10 NR 146.10 Well filling and sealing.

NR 146.10(1) (1) This section applies to all water supply wells used for any potable or nonpotable purpose.

NR 146.10(2) (2) An individual may not fill and seal a water supply well, or verify and report that a well was properly filled and sealed, unless at least one of the following applies:

NR 146.10(2)(a) (a) The individual is a licensed water well driller or licensed pump installer.

NR 146.10(2)(b) (b) The individual is under the supervision of a licensed water well driller or licensed pump installer as their employee or the employee of a registered water well drilling or pump installing business.

NR 146.10(2)(c) (c) The individual is a water system operator certified under s. 281.17 (3), Stats., and the well is within the service area of the local governmental water system for which the water system operator works.

NR 146.10(2)(d) (d) The individual is under the supervision of a water system operator certified under s. 281.17 (3), Stats., the well is within the service area of the local governmental water system for which the certified water system operator works, and the individual being supervised is an employee of the local governmental water system.

NR 146.10(3) (3) The licensed or certified individual is not required to be present during the filling or sealing of a well except that the licensed or certified individual is responsible if the filling and sealing is not done in compliance with ch. NR 812.

NR 146.10(4) (4) Property owners may not fill and seal their own wells.

NR 146.10 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14.

NR 146.11 NR 146.11 Property transfer well inspections.

NR 146.11(1) (1) This section applies to all water supply wells as defined in s. 280.30, Stats., used for any potable or nonpotable purpose.

NR 146.11(2) (2) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems or wells that must be filled and sealed on the real property unless the individual is a licensed individual water well driller or a licensed individual pump installer. Only licensed individual water well drillers or licensed individual pump installers may make any statement or offer any opinions regarding the existence or nonexistence of wells that need to be filled and sealed; or the location, compliance, condition, capacity or performance of a well and pressure system for compensation, at time of property transfer.

NR 146.11(3) (3) No license is required if the only work being done is collecting a water sample for analysis at time of property transfer provided the water quality test results are reported by the certified laboratory on a laboratory form and no other statements are made or opinions offered by the individual or laboratory regarding the location, compliance, condition, capacity or performance of the well or pressure system or the location or existence or nonexistence of wells that must be filled and sealed.

NR 146.11(4) (4) Inspectors shall conduct well and pressure system inspections in compliance with subchapter VI of ch. NR 812.

NR 146.11(5) (5) Inspectors shall provide the person requesting the inspection with the completed property transfer well inspection form specified by the department. The inspector may also attach their own forms or letters, provided those forms are not represented to be part of the department form. The well and pressure system inspection form is not to be submitted to the department except in the case of a variance request.

NR 146.11(6) (6) Businesses engaging in the business of property transfer well inspections are required to hold a business registration in accordance with s. NR 146.04 (4) or 146.04 (5).

NR 146.11 Note Note: Every individual performing property transfer well inspections is required to be licensed except as noted in sub. (7).

NR 146.11(7) (7) County employees are not required to obtain a water well driller or pump installer license to conduct property transfer well inspections if the county has adopted a Level 3 county delegation program under ch. NR 845 and the inspections are conducted as part of their duties as county employees. Property transfer well inspections performed by Level 3 delegated county employees shall be conducted in compliance with the standards in subchapter VI of NR 812 and using department form #3300-221.

NR 146.11(8) (8) Requests for property transfer inspections of spring or surface water supplies shall be referred to the department’s private water supply section.

NR 146.11 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14.

NR 146.12 NR 146.12 Citations.

NR 146.12(1g) (1g) The department may take appropriate enforcement action against any person who violates any of the provisions listed in sub. (1r). The department shall consider the severity, duration, frequency, and environmental or health risks of the violation. The department will evaluate and address violations in accordance with the department stepped enforcement process. The department shall provide written notice of a violation and provide an opportunity to meet pursuant to s. 280.98 (4), Stats., before issuance of a citation.

NR 146.12(1r) (1r) Citations may be issued for violations relating to any of the activities listed in s. NR 812.45 (1).

NR 146.12(2) (2) Prior to issuing a citation under par. (b), the department shall do all of the following:

NR 146.12(2)(a) (a) Issue a written warning outlining the violation.

NR 146.12(2)(b) (b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.

NR 146.12(3) (3) If the alleged violator does not attend the enforcement conference or make alternative arrangements to the department’s satisfaction, the department shall consider the requirement of s. 280.98, Stats., to be met, and shall base its enforcement decision on all available information.

NR 146.12 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (1g), (1r) made under s. 13.92 (b) (b) 1., Stats., correction in (1g) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-095: r. and recr. (1r) Register June 2020 No. 774, eff. 7-1-20.