Subchapter VI — Property Transfer Well Inspections
NR 812.44 Property transfer well inspections.
Subchapter VII — Citations
Subchapter VIII — Water sampling, analysis and reporting requirements
NR 812.46 Water sampling, analysis and reporting requirements.
Ch. NR 812 Note
Note: Chapter NR 112 as it existed on September 30, 1975 was repealed and a new Chapter NR 112 was created effective October 1, 1975. Chapter NR 112 as it existed on January 31, 1991 was repealed and a new Chapter NR 112 was created effective February 1, 1991; Chapter NR 112 was renumbered Chapter NR 812 under s. 13.93 (2m) (b) 1., Stats.,
Register, September, 1994, No. 465.
NR 812.01(1)(1)
The purpose of this chapter is to establish uniform minimum standards and methods in conformity with chs.
280 and
281, Stats., for:
NR 812.01(1)(a)
(a) Obtaining or extracting groundwater for any purpose; and
NR 812.01(1)(b)
(b) Protecting groundwater and aquifers from contamination through adequate construction and reconstruction of water systems.
NR 812.01(1)(c)
(c) Evaluating, locating, and identifying wells and pressure systems at the time of a property transfer.
NR 812.01(2)
(2) This chapter shall govern the location, construction or reconstruction, maintenance and inspection of wells and water systems and heat exchange drillholes, the filling and sealing of wells and drillholes and the installation and maintenance of pumping and treatment equipment.
NR 812.01 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (a),
Register, September, 1994, No. 465, eff. 10-1-94; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1998, No. 516;
CR 13-096: am. (2),
CR 13-099: cr. (1) (c), am. (2)
Register September 2014 No. 705, eff. 10-1-14;
2015 Wis. Act 197 s.
42 Register April 2016 No. 724.
NR 812.02(1)(1)
For the purposes of construction and installation, the provisions of this chapter apply to all new and existing water systems and drillholes with the following exceptions:
NR 812.02 Note
Note: Certain diversions of surface water for nonpotable uses require a permit under ch.
30, Stats.
NR 812.02(2)
(2) For the purposes of filling and sealing, the provisions of this chapter apply to all drillholes and wells including elevator shaft drillholes, unsuccessful or noncomplying heat exchange drillholes, mining exploration drillholes not regulated by ch.
NR 132 or subch.
III of ch. 295, Stats., and wells and drillholes not regulated by s.
NR 141.25.
NR 812.02(3)
(3) For the purposes of the prohibition of the underground placement of any substance as defined in s.
160.01 (8), Stats., the provisions of this chapter apply to all wells and drillholes.
NR 812.02(4)
(4) The requirements of s.
NR 812.08 do not apply to water withdrawal or use that is associated with mining operations or bulk sampling regulated under subch.
III of ch. 295, Stats.
NR 812.02 Note
Note: Private water systems and noncommunity water systems, located in counties delegated authority to administer this chapter under ch.
NR 845, are subject to county permit requirements.
NR 812.02 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (a) and (2), cr. (3),
Register, September, 1994, No. 465, eff. 10-1-94; correction in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465;
CR 13-099: am. (1) (b), (2)
Register September 2014 No. 705, eff. 10-1-14;
CR 13-057: am. (2), cr. (4)
Register July 2015 No. 715, eff. 8-1-15; correction in (2) made under s. 35.17, Stats.,
Register July 2015 No. 715.
NR 812.03
NR 812.03 Cooperation with the department. NR 812.03(1)(1)
Well 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. Heat exchange drillers shall notify the department no less than one work day prior to constructing or reconstructing a heat exchange drillhole.
NR 812.03(3)
(3) Well and heat exchange drillers
and
well
constructors
shall
contact
the
department
to
determine
if
any
special
construction
is
required
if
the
well or heat exchange driller or well constructor proposes to construct or reconstruct a well
or heat exchange drillhole on a property that is located within the service area of a municipally
owned water system.
NR 812.03(4)
(4) Well
and heat exchange drillers
and
well
constructors
shall,
when
requested by the
department,
contact
the
department
to
determine
if
any
special construction is required if the well
or heat exchange driller or well constructor is engaged to construct a new well
or heat exchange drillhole or reconstruct an existing well because the existing well
or heat exchange drillhole is known to contain contaminants in excess
of the drinking water standards in ch.
NR 809.
NR 812.03 Note
Note: Properties that are identified by the department as having residual contamination and continuing obligations can be found by searching the Wisconsin Remediation and Redevelopment Database which is available on the department's website at dnr.wi.gov, search “WRRD.”
NR 812.03(5)
(5) H
eat exchange drillers shall contact the local water supply utility in order to determine whether the project is located within a wellhead protection area or within 400 feet of a municipal well.
NR 812.03 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465;
CR 00-111: am.,
Register October 2001 No. 550, eff. 11-1-01;
CR 13-096: am (1), (3), (4), cr. (5),
CR 13-099: am. (1), r. (2)
Register September 2014 No. 705, eff. 10-1-14.
NR 812.04
NR 812.04 Contracts for noncomplying installations. NR 812.04(1)(1)
Well and heat exchange drillers, pump installers and well constructors shall ensure that the construction and reconstruction of wells, heat exchange drillholes or the installation of pumping equipment adheres to all the applicable provisions
of
this
chapter
or
to
approved
comparable
construction or installation requirements.
Well and heat exchange drillers, pump installers and well constructors may not enter into any agreement, written or oral, for construction, reconstruction or installation which does not
require compliance with the applicable provisions of this chapter or with approved comparable construction or installation requirements.
NR 812.04(2)
(2) When there is any construction, reconstruction or equipment installation on a noncomplying feature, the feature shall be upgraded and brought into compliance with the specifications in this chapter for new construction. The well driller or pump installer shall inform the water system owner or user of the water system of other noncomplying features, that are apparent and known, in writing on a department form. A copy of the form shall be filed with the department by the well driller, pump installer or by the water system owner or user within 10 days after the initial evaluation of the water system has been completed if the required repairs are not made.
NR 812.04 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am. (2),
Register, September, 1994, No. 465, eff. 10-1-94;
CR 13-096: am. (1)
Register September 2014 No. 705, eff. 10-1-14.
NR 812.05
NR 812.05 Disposal of pollutants; injection prohibition. NR 812.05(1)(a)
(a) “Drillhole" includes any excavation or opening that is deeper than it is wide, even if it extends less than 10 feet below the ground surface.
NR 812.05(1)(b)
(b) “Well" includes any excavation that is deeper than it is wide regardless of the excavation's depth or purpose.
NR 812.05(2)
(2) The use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance, as defined in s.
160.01 (8), Stats., underground is prohibited unless any of the following apply:
NR 812.05(2)(a)
(a) The placement is a department-approved activity necessary for any of the following:
NR 812.05(2)(a)1.
1. The construction, rehabilitation or operation of a well, drillhole or water system.
NR 812.05(2)(a)3.
3. The remediation of contaminated soil, groundwater or an aquifer.
NR 812.05(2)(b)
(b) The placement consists of grouting, sealing or filling and sealing materials as specified in s.
NR 812.20 or
812.26; grouting or filling and sealing materials as specified in s.
NR 811.13; annular space sealing or filling and sealing materials specified in s.
NR 141.13 or
141.25; or other similar materials containing additives approved under sub.
(3).
NR 812.05(2)(c)
(c) The placement consists of bentonite grout, cement or concrete, or other similar materials containing additives approved under sub.
(3), for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement.
NR 812.05(3)
(3) The department may approve alternative materials or additives that are to be used in conjunction with the activities noted under sub.
(2). Approval shall be based on, but not limited to, such factors as the potential toxicity of an alternative material or additive, the effectiveness of an alternative material or additive for its specified use, the amount or quantity of material to be used, and the potential for use of an alternative material to result in groundwater contamination or otherwise harm human health or the environment.
NR 812.05(4)
(4) Only department approved groundwater tracers may be used for hydrogeologic studies. Approval shall be based on, but not limited to, such factors as the potential toxicity of a tracer, the effectiveness of a tracer for its use as specified in an application for approval, and the potential for use of a tracer to result in groundwater contamination or otherwise harm human health or the environment. A list of previously approved groundwater tracers is available from the department upon request.
NR 812.05(5)
(5) The following activities are not prohibited by this section:
NR 812.05(5)(a)
(a) Circulation of water or a food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.
NR 812.05(5)(b)
(b) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault.
NR 812.05(5)(c)
(c) Except for the disposal of a waste material, the placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.
NR 812.05(5)(d)
(d) Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground.
NR 812.05(5)(e)
(e) Injection activities conducted in conjunction with placement of backfill into an underground nonferrous metallic mine approved under ch.
NR 132 or in connection with placement of backfill into an underground ferrous mine approved under subch.
III of ch. 295, Stats.
NR 812.05 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am.
Register, September, 1994, No. 465, eff. 10-1-94; am.
Register, May, 2000, No. 533, eff. 6-1-00;
CR 13-099: am. (2) (b)
Register September 2014 No. 705, eff. 10-1-14;
CR 13-057: am. (5) (e)
Register July 2015 No. 715, eff. 8-1-15.
NR 812.06
NR 812.06 Drinking water standards. Private or non-community water systems producing water containing contaminant levels in excess of the primary drinking water standards contained in ch.
NR 809, the enforcement standards contained in ch.
NR 140, or other advisory levels identified by the department may be designated by the department as contaminated.
NR 812.06 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465.
NR 812.07
NR 812.07 Definitions. The following terms are defined as follows:
NR 812.07(1)
(1) “Adequate water supply" means a water supply which has a well yield and the pump capacity to provide the quantity and quality, where obtainable, according to s.
NR 812.06, of water necessary for human or sanitary use, or for the preparation of food products and other purposes for which the water is intended to be used.
NR 812.07(1h)
(1h) “Agricultural crop field" means land where there is evidence that agricultural crops were or are being grown.
NR 812.07(1p)
(1p) “Air-gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood level rim or spill level of the receptacle.
NR 812.07(1r)
(1r) “
Alcove” means a pit that shares a wall with a basement and is accessible from the basement.
NR 812.07 Note
Note: In prior versions of ch.
NR 812, an alcove was also sometimes referred to as a “subsurface pumproom.”
NR 812.07(1t)
(1t) “Animal barn" means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot.
NR 812.07(2)
(2) “Animal barn pen" means a covered, enclosed concrete area where animals are kept.
NR 812.07(3)
(3) “Animal yard" means an uncovered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet kennel enclosing 5 or fewer adult pets on a residential lot. An animal yard includes any fenced area where animals are kept or have access including pastures, feed lots, pens, calf hutches, lanes, and riding corrals.
NR 812.07(4)
(4) “Animal shelter" means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot.
NR 812.07(5)
(5) “Annular space" means the space between 2 concentric cylinders or circular objects, such as the space between an upper enlarged drillhole and a well casing pipe.
NR 812.07(6)
(6) “API" means the American Petroleum Institute.
NR 812.07 Note
Note: The API address is 1220 L Street NW, Washington DC 20005-4070.
NR 812.07(7)
(7) “Approval" means the prior approval of the department.
NR 812.07(8)
(8) “Approved" means approved by the department.
NR 812.07(9)
(9) “ASSE" means American society of sanitary engineering.
NR 812.07(10)
(10) “ASTM" or “ASTM International" means the international technical standards organization originally known as the American Society for Testing and Materials.
NR 812.07 Note
Note: The ASTM International headquarters address is 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19148-2959.
NR 812.07(11)
(11) “Aquifer" means a geological layer of either unconsolidated material, usually sand or gravel or both, or bedrock lying below the ground surface, that is all or partially saturated with water and permeable enough to allow water to be extracted as from a well.
NR 812.07(12)
(12) “Artesian pressure" means water pressure in an aquifer sufficient enough to cause the groundwater level in a well to rise above the level at which it was encountered in the well whether or not the water flows at the ground surface.
NR 812.07(14)
(14) “AWWA" means American water works association.
NR 812.07(16)
(16) “Bail-down method" means a method for setting a screen whereby the screen is fitted with an open pipe sleeve or a bail-down shoe at its lower end and sediment is removed from below the screen to allow the screen to settle into place.
NR 812.07(17)
(17) “Basement" means a subsurface structure or part of a structure in which the floor is entirely below grade.
NR 812.07(17m)
(17m) “Batch chlorination" means the process of disinfecting a well by injecting, in one continuous pour, a chlorine solution that equals or exceeds the volume of standing water in the well and by using a process that recirculates the solution through the pump and pump discharge piping system back into the well.
NR 812.07(18)
(18) “Bedrock" means any naturally formed consolidated or coherent material of the earth's crust, composed of one or more minerals, rock fragments or organic material that underlies any soil or other unconsolidated surficial material or is exposed at the surface. Bedrock includes, but is not limited to limestone (dolomite), sandstone, shale and igneous and metamorphic crystalline rock, including granite, rhyolite, quartzite, gabbro, basalt, gneiss, schist, diorite and greenstone.
NR 812.07(19m)
(19m) “Chemical conditioning" means using department-approved chemicals or products to restore a well to its original capacity, production capability or water quality.
NR 812.07(20)
(20) “Cistern" means a tank in which rainwater is stored or collected.
