Chapter NR 812

NR 812.08 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (b) 1., (2) (a) to (c), (4) (a) 5., 9., 12. and 13., (b) 1., 5., 7., 11. and 13., (c) 10. to 13., (d) 1. to 3., (f) 6. to 8., (g) 1. and Table A, cr. (1) (e), (4) (a) 14. and 15., (b) 14. and 15., (c) 14. and 15., (d) 4. to 9. and (ee), r. (4) (b) 8., Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (4) (d) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; cr. (4) (f) 11., am. Table A, Register, December, 1998, No. 516, eff. 1-1-99; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516; CR 05-020: am. (4) (g) 1. Register January 2006 No. 601, eff. 2-1-06; CR 09-123: am. (4) (b) 11. Register July 2010 No. 655, eff. 8-1-10; correction in (4) (a) 1., 2., 4., (b) 4., 5., (c) 7., 10. b., 14., (d) 1., Table A made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-096: am. (title), (4) (intro.), cr. (5), CR 13-099: am. (1) (intro.), (b) (intro.), r. (1) (b) 1., 2., cr. (1) (f), am. (2) (a) to (c), cr. (2) (d) to (g), am. (4) (intro.), (a) 1., 2., r. (4) (a) 3. to 6., 8., am. (4) (a) 11., r. (4) (a) 13., am. (4) (a) 14., 15., cr. (4) (a) 16. to 18., am. (4) (b) 2. to 4., 7., r. (4) (b) 9., 10., am. (4) (b) 12., r. (4) (b) 13., am. (4) (b) 15., cr. (4) (b) 16., am. (4) (c) 1., 2., 4., renum. (4) (c) 10. (intro.) to 10. and am., r. (4) (c) 10. a., b., cr. (4) (c) 16. to 20., am. (4) (d) 1., 4., 6., cr. (4) (d) 10. to 12., am. (4) (f) 2., 7., 8., cr. (4) (fm), am. Table A Register September 2014 No. 705, eff. 10-1-14; correction in (4) made under s. 35.17, Stats., Register September 2014 No. 705; 2015 Wis. Act 197 s. 43 Register April 2016 No. 724; CR 18-095: am. (1) (title), (b), (c), (e), (f), cr. (1) (g), (1m), r. and recr. (2), am. (3) (a), (c), r. (3) (d), r. and recr. (4), Table A Register June 2020 No. 774, eff. 7-1-20; correction in (2) (d) 5. made under s. 13.92 (4) (b) 7., Stats., and corrections in (4), Table A made under s. 35.17, Stats., Register June 2020 No. 774; republished to correct an error in transcription in Table A Register July 2020 No. 775.

NR 812.09 NR 812.09 Department approvals.

NR 812.09(1) (1) Review period. Unless another time period is specified by law, the department shall complete its review and make a determination on all applications for licenses or approvals within 65 business days after receipt of a complete application. Incomplete applications will be returned. The start of the 65 day review period will not begin until a complete application is received by the department. All requests for approval shall be in writing, except for situations that require an immediate response, in which case an approval may be requested verbally and a verbal approval may be granted by the department to be followed up with a written confirmation.

NR 812.09(2) (2) Approval application and submission. The property owner or lessee shall obtain a written approval from the department. When an application is submitted by someone other than the owner of the subject property, the owner or authorized agent shall sign the application. Application information, outlines or forms may be obtained from the department. Applications shall provide information regarding the name, address and firm name of both the owner and operator, if applicable, and any other information requested by the department, including descriptions or sketches of well construction, geology, pump installation, plumbing, possible contamination sources, property boundary, water use and water sample results, depending on the type of application.

NR 812.09(3) (3) Plans and specification preparation. Plans and specifications for a school water system or wastewater treatment plant water system shall be submitted by a registered professional engineer or licensed water well driller for wells, and by a registered professional engineer or licensed pump installer for pumps, discharge piping, storage tanks and controls.

NR 812.09(4) (4) Approvals required. Prior department approval is required for the activities described in this subsection. When deemed necessary and appropriate for the protection of public safety, safe drinking water and the groundwater resource, the department may specify more stringent well and heat exchange drillhole locations, well and heat exchange drillhole construction or pump installation specifications for existing and proposed high capacity, school or wastewater treatment plant water systems and other activities requiring approval by this subsection. Approval by the department does not relieve any person of any liability that may result from injury or damage suffered by any other person. In addition, failure to comply with any condition of an approval or the construction, reconstruction or operation of any well or water system in violation of any statute, rule or department order shall void the approval. Approval is required for all of the following:

NR 812.09(4)(a) (a) The construction, reconstruction, or operation of a high capacity well or high capacity well system, including dewatering wells, school wells, and wastewater treatment plant wells, except those actions specified in s. 281.34 (2g), Stats. An application for a high capacity well or high capacity well system approval shall include, for every well, the location, construction or reconstruction features, pump installation features, the proposed rate of operation and the distance to nearby public utility wells, as defined in s. 196.01, Stats. A high capacity well or high capacity well system approval is subject to all of the following:

NR 812.09(4)(a)1. 1. The department may deny approval, grant a limited approval or modify an approval under which the location, depth, pumping capacity or rate of flow and ultimate use is restricted so that the supply of water for any public utility, as defined by s. 196.01, Stats., will not be impaired. Reduced availability of groundwater to a public utility well may be indicated when calculated drawdown, using estimated values for aquifer characteristics, results in a reduction of 10% or greater in the public water utility’s saturated thickness based on pumping from the proposed high capacity well or well system. The department may also deny approval or condition an approval if the proposed or actual well location, water quality, well construction or pump installation features or the use of the well does not meet, at the time of application, the specifications of this chapter for new well construction and pump installation or water use.

NR 812.09(4)(a)2. 2. When an owner transfers the land on which a high capacity well or high capacity well system is located, the owner shall provide notice to the department as specified in s. 281.34 (2g) (c), Stats.

NR 812.09(4)(a)3. 3. The owner or operator of a high capacity well or well system shall submit pumpage and well water level reports to the department on department forms at the time periods indicated by the department.

NR 812.09(4)(a)4. 4. Emergency approval for a high capacity well or high capacity well system may be granted when fire hazard, imminent crop damage or other similar emergency requires expedited approval, if the owner submits the request in writing with a justification of the emergency, and if the department determines that the high capacity well or high capacity well system meets the requirements of s. 281.34 (5), Stats.

NR 812.09(4)(a)5. 5. High capacity test drillholes or up to 2 geothermal heat exchange drillholes may be constructed without approval to test for aquifer yield to determine if a high capacity well, heat exchange drillhole or high capacity well system is feasible. The well casing pipe for such test drillholes shall not exceed 6 inches in diameter unless the well driller notifies the department. High capacity test drillholes may not be converted to permanent high capacity wells unless approved by the department prior to construction. High capacity test drillholes may be test pumped at a rate of 70 gallons per minute or more without department notification or approval under this section if the test does not last more than a total of 72 hours. After testing, the drillhole shall be filled and sealed according to the requirements of s. NR 812.26 or shall be converted, within 90 days following approval, to a high capacity well, heat exchange drillhole or high capacity well system that meets the requirements of this chapter or ch. NR 811 and of any approved plans and specifications.

NR 812.09 Note Note: State v. Michels Pipeline Construction, Inc., 63 Wis.2d 278, 217 N.W.2d 339 (1974) established that the doctrine of reasonable use applies to property rights in groundwater. Persons adversely affected by the operation of a high capacity well or well system may take action against the operator or owner of the high capacity well or well system.

NR 812.09(4)(a)6. 6. The department may allow a high capacity well with a pumping capacity less than 70 gallons per minute to be constructed and to be installed with a pump according to low capacity standards if aquifer characteristics warrant less stringent construction requirements.

NR 812.09(4)(b) (b) The construction or reconstruction of a low capacity school well or low capacity wastewater treatment plant well.

NR 812.09(4)(c) (c) Installation of water treatment devices or chemical addition to a well or water system as specified in s. NR 812.37.

NR 812.09(4)(d) (d) A variance under s. NR 812.43 from any provision of this chapter.

NR 812.09(4)(f) (f) The construction or reconstruction of a well located in designated special well casing depth areas.

NR 812.09 Note Note: A list of established special well casing depth areas is available on the department’s website at dnr.wi.gov.

NR 812.09(4)(i) (i) The development of a spring for use as a potable water supply as provided in s. NR 812.25.

NR 812.09(4)(j) (j) The construction or reconstruction of a pit as provided in s. NR 812.36 or in s. NR 812.42 (2).

NR 812.09(4)(m) (m) The construction or reconstruction of a dug well as provided in s. NR 812.24.

NR 812.09(4)(p) (p) The installation of a pressure tank with a volume greater than 1,000 gallons.

NR 812.09(4)(q) (q) The installation of a cathodic protection drillhole.

NR 812.09(4)(s) (s) The development of surface water for use as a potable water supply.

NR 812.09(4)(u) (u) The reconstruction of a well that does not comply with the location requirements of s. NR 812.08 or the construction requirements of subch. II, except those actions specified in s. 281.34 (2g), Stats.

NR 812.09(4)(v) (v) The use of a nonpressure storage vessel other than a surge tank as part of a potable water supply.

NR 812.09(4)(w) (w) The construction, reconstruction, or replacement of a well or heat exchange drillhole on a property identified by the department as having residual contamination and continuing obligations under s. 292.12, Stats., except those actions specified in s. 281.34 (2g), Stats.

NR 812.09 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 812.09(4)(x) (x) The construction of 10 or more heat exchange drillholes, or where the sum of the depths of all heat exchange drillholes is greater than 4000 feet, for a single drilling site.

NR 812.09(4)(y) (y) Any heat exchange drillhole greater than 400 feet in depth.

NR 812.09(4)(z) (z) Any heat exchange drillhole within 400 feet of a municipal water supply well.

NR 812.09(4g) (4g) Advance notification. The property owner or authorized agent shall notify the department at least one working day prior to starting construction under any approval issued under this section. Notification shall be made in a manner specified by the department in the approval.

NR 812.09(4r) (4r) Approval expiration. If an approval is issued under this section, but construction or installation for which the approval was required has not commenced within 2 years of the approval date, the approval is void.

NR 812.09(5) (5) Approval verification. A well or heat exchange driller, well constructor, pump installer or contractor shall obtain a copy of the approval for any activity identified in sub. (4) prior to the initiation of any work on a well, heat exchange drillhole, pump installation or water system, and shall have a copy of the approval available on-site during construction or installation. When the department grants a verbal approval, the well or heat exchange driller, pump installer or contractor may initiate an activity before obtaining a written confirmation, provided that person complies with the conditions of the approval.

NR 812.09(6) (6) Permit verification. A well driller, well constructor, pump installer or contractor shall obtain required permits from counties authorized to administer this chapter under ch. NR 845.

NR 812.09(7) (7) Approval modification. If circumstances require modification of the original proposed project after the department grants an approval under this section, including modified location, drilling method, drilling depth, change in well casing depth, or number of heat exchange drillholes, the property owner or authorized agent shall obtain written approval of the modified plans from the department prior to starting construction.

NR 812.09(8) (8) Denial of operation. The department may deny or rescind approval for operation of an existing well requiring approval under sub. (4) if the well does not meet the construction requirements of subch. II.

NR 812.09 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (4) (intro.), (a) 1., (4) (l), (5) and (6); cr. (4) (u) and (v), Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; r. (4) (u), Register, September, 1996, No. 489, eff. 10-1-96; CR 00-111: cr. (4) (w), Register October 2001 No. 550, eff. 11-1-01; correction to (6) made under s. 13.93 (2m) (b) 7., Stats., July 2002 No. 559; CR 13-096: am. (4) (intro.), (a) 5., (q), cr. (4) (x), (y), (z), am. (5), CR 13-099: am. (4) (a) 5., (L), (r) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 44 Register April 2016 No. 724; CR 18-095: am. (1) to (3), (4) (intro.), (a) (intro.), 1., 2., 4., 5., cr. (4) (a) 6., am. (4) (b), (d), r. (4) (e), am. (4) (f), r. (4) (g), (h), (k), (L) (n), (o), (r), (t), cr. (4) (u), am. (4) (v), r. and recr. (4) (w), cr. (4g), (4r), am. (5), cr. (7), (8) Register June 2020 No. 774, eff. 7-1-20; correction in (4) (a) 1. made under s. 35.17, Stats., Register June 2020 No. 774.

NR 812.091 NR 812.091 Product and component approvals.

NR 812.091(1) (1) Use of product or component. No person may use a product or component for work conducted under this chapter that does not meet the requirements of this section.

NR 812.091(2) (2) Applicability. The following products or components used for work conducted under this chapter shall meet the standards specified in sub. (3) or be authorized under an approval issued by the department under sub. (4) prior to use:

NR 812.091(2)(a) (a) Drilling aids and additives.

NR 812.091(2)(b) (b) Grout and sealing materials.

NR 812.091(2)(c) (c) Filling and sealing materials.

NR 812.091(2)(d) (d) Well rehabilitation materials.

NR 812.091(2)(e) (e) Chemicals placed in a well or drillhole.

NR 812.091(2)(f) (f) Well head components including well caps and well seals.

NR 812.091(2)(g) (g) Pitless adapters, pitless units, above ground discharge units, and any treatment equipment to be installed directly in or on a well.

NR 812.091(3) (3) No prior approval required. The following products or components may be used for work conducted under this chapter without prior department approval, provided the manufacturer’s instructions are consistent with all of the following requirements:

NR 812.091(3)(a) (a) Drinking water treatment chemicals, including miscellaneous water supply products, that are certified for compliance with NSF/ANSI Standard 60, provided all of the following additional requirements are met:

NR 812.091(3)(a)1. 1. The manufacturer submits a copy of the NSF certification to the department.

NR 812.091(3)(a)2. 2. The instructions for use on the product container are consistent with the conditions of the certification.

NR 812.091(3)(a)3. 3. The product is not intended to be left in the water system longer than 48 hours.

NR 812.091(3)(a)4. 4. The manufacturer notifies the department if the certification is updated or rescinded.

NR 812.091(3)(b) (b) Drinking water system components in contact with potable water that are certified for compliance with NSF/ANSI Standard 61.

NR 812.091(3)(c) (c) Water treatment devices installed in a water system that have a plumbing product approval in accordance with chs. SPS 382 and 384.

NR 812.091(4) (4) Department approval required. If a product or component does not meet the requirements under par. (3), a manufacturer is required to obtain the department’s approval of the product or component before a well driller, heat exchange driller or pump installer may use the product or component for work conducted under this chapter.

NR 812.091(5) (5) Application for approval. For any product or component not authorized under sub. (3), the manufacturer shall apply for and obtain a written approval from the department. The manufacturer shall apply on a form or in a manner specified by the department. Applications shall include information regarding the manufacturer’s name, address, and contact person for the product or component, and a description of the product or component and the manufacturer’s instructions. The department may request all information necessary to evaluate the chemical makeup and impacts to drinking water, groundwater and public health and safety.

NR 812.091(6) (6) Criteria for department approval. The department shall ensure the protection of public safety, safe drinking water, and groundwater in review and approval of each application submitted under sub. (5). When deemed necessary and appropriate for the protection of public safety, safe drinking water, and the groundwater resource, the department may impose more stringent conditions on the use of a product or component than the manufacturer’s instructions. In addition, the department shall apply the following criteria:

NR 812.091(6)(a) (a) Well construction materials, including drill bits, tremie pipe, well casing pipe, shoes, screens, gravel packs, grouting and sealing materials, and drilling aids, shall meet the requirements specified in s. NR 812.11.

NR 812.091(6)(b) (b) Pump installation materials, including supply pipe, well caps and seals, pitless adapters and pitless units, pumps, water storage vessels, sample faucets, and yard hydrants, shall meet the requirements specified in subch. III.

NR 812.091(6)(c) (c) Well caps and seals shall be weather- and vermin-proof compression type components. Department approvals for well caps and seals shall also be based on materials of construction, method of venting, effectiveness of gasket, ease of removal for inspection of the inside of the well, and method of attachment to the well casing pipe. Nuts and bolts shall be made of materials that minimize corrosion.

NR 812.091(6)(d) (d) Department approval of pitless adapters and pitless units shall be based on materials of construction, thickness of pipe or tubing, thickness of other component parts, method of fabrication, method of connection, and the integrity of the seal to the well casing pipe. The department may require additional standards and tests, including minimum pressure test performance, that the department deems necessary to demonstrate the sanitary integrity of any adapter or unit submitted for department approval.

NR 812.091(7) (7) List of approved products and components. The department shall maintain lists of all products and components approved under this section.

NR 812.091 Note Note: Lists of approved products and components are available on the department’s website at https://dnr.wi.gov/topic/Wells/drillerPumpInstall.html.

NR 812.091(8) (8) Prohibition. The department may prohibit the use of any product or component if the department finds there is substantial evidence that the product poses a significant hazard to safe drinking water or groundwater. The department shall state its decision and conclusions in writing to the manufacturer, and notify industry representatives including the Wisconsin Water Well Association and the Wisconsin Pump and Well Suppliers Association. The department’s decision shall specify the effective date of the prohibition, not to exceed 12 months after the date of the decision.

NR 812.091(9) (9) Certification. If a product or component is certified for compliance with the applicable NSF/ANSI standard and meets the requirements specified in sub. (3) after department approval is granted under sub. (4), the approval shall no longer be required.

NR 812.091(10) (10) Modification. If a product or component is modified after approval is granted under this section, including a change in materials, chemical makeup, or intended use, the approval is void and the manufacturer shall submit a new request for approval from the department.

NR 812.091(11) (11) Liability. Approval by the department does not relieve any person of any liability that may result from injury or damage suffered by any other person due to sale or use of an approved product or component. In addition, failure to comply with any condition of a department approval shall void the approval.

NR 812.091 Note Note: Copies of NSF/ANSI Standards 60 and 61 may be obtained directly from NSF’s website at http://www.nsf.org/regulatory/regulator-nsf-standards. Copies are also on file at the offices of the department and the legislative reference bureau.

NR 812.091 History History: CR 18-095: cr. Register June 2020 No. 774, eff. 7-1-20.

subch. II of ch. NR 812 Subchapter II — New Water Well and Heat Exchange Drillhole Construction and Reconstruction and Filling and Sealing of Wells and Drillholes

NR 812.10 NR 812.10 Well driller and well constructor requirements. A well driller or well constructor is responsible for constructing a well according to all of the following requirements:

NR 812.10(1) (1) License requirement. An individual who constructs a well shall be a licensed water well driller except that a license is not required for any of the following individuals provided all other requirements of this subchapter are met:

NR 812.10(1)(a) (a) An individual performing well drilling on real estate owned or leased by that individual.

NR 812.10(1)(b) (b) An individual employed by a licensed water well driller or a person registered as a business to perform well drilling.

NR 812.10(1)(c) (c) An individual constructing a driven point well as defined in s. NR 812.07 (35).

NR 812.10(1)(d) (d) An individual constructing a nonpotable water supply well.

NR 812.10(2) (2) Well or drillhole location. A well driller or well constructor shall be responsible for properly locating a well. Wells shall be located to meet the minimum requirements specified in s. NR 812.08.

NR 812.10(3) (3) Equipment and materials. A well driller or well constructor shall use the proper equipment and materials to enable compliance with the requirements of this subchapter.

NR 812.10(4) (4) Construction methods. A well driller or well constructor shall comply with this chapter for the construction and reconstruction of all wells. A well driller or well constructor shall provide adequate protection for the top of the drillhole and the top of the well casing pipe to prevent surface contamination from entering the well during the drilling operation and when the driller is not at the drilling site.

NR 812.10(5) (5) Approvals. A well driller or well constructor shall either obtain, or verify that the well owner has obtained, a department issued approval before the well construction operation is started on any well that requires an approval under s. NR 812.09 (4). A well driller or well constructor shall comply with any requirements of an approval issued by the department under s. NR 812.09 (4).

NR 812.10(6) (6) Consultation with the department prior to drilling. A well driller or well constructor shall consult with the department prior to drilling in areas where the driller has been notified or determines that there are contaminated formations or groundwater contamination levels in excess of the standards specified in s. NR 812.06, or prior to drilling a well on a property identified by the department as having residual contamination and continuing obligations requiring listing on the department’s database under s. 292.12 (3), Stats.

NR 812.10 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 812.10(7) (7) Noncomplying wells. When a well driller or well constructor has constructed a water well not initially located or constructed in compliance with this chapter, the well driller or well constructor shall pay all costs for bringing the well into compliance with this chapter. These costs include the cost of filling and sealing the noncomplying well, if necessary, but do not include the costs that would have been charged for an initial complying well construction.

NR 812.10(8) (8) Well notification report verification. A well driller or well constructor shall either obtain a well notification or verify that the well owner has obtained a department well notification including the notification number, by obtaining a copy of the notification report, before the well construction operation is started.

NR 812.10(9) (9) Permit verification. A well driller, well constructor, or drilling contractor shall obtain required permits from counties authorized to administer this chapter under ch. NR 845. If the property is located within the area served by a municipally owned water system, the well driller or well constructor shall verify that the well owner has obtained a well operational permit from the municipality in accordance with the municipality’s private well ordinance.

NR 812.10(10) (10) Water sample collection, analysis and reporting. The well driller or the well constructor shall collect water samples, submit them to a certified laboratory for analysis, and provide the test results in compliance with s. NR 812.46.