Chapter NR 812

NR 812.36 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), Register, September, 1994, No. 465, eff. 10-1-94; correction in (2) (d) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; correction in (2) (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-099: cr. (3), Figures 45A, 45B Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1), (2) (intro.), (b) 1., (c) 5., (d) 2., (3) (b) (intro.), 1., 5., r. (3) (b) 6. Register June 2020 No. 774, eff. 7-1-20; correction in (2) (intro.) made under s. 35.17, Stats., Register February 2021 No. 782.

NR 812.37 NR 812.37 Water treatment.

NR 812.37(1) (1) Scope. This section applies to treatment of water for potable use in a private or non-community water system except for the disinfection, batch chlorination, and acidification prescribed in ss. NR 812.12, 812.22, and 812.41.

NR 812.37(2) (2) General standards.

NR 812.37(2)(a) (a) Water treatment devices installed in a water system shall have a plumbing product approval in accordance with chs. SPS 382 and 384.

NR 812.37(2)(b) (b) A water supply requiring approval under sub. (3) shall produce water free from coliform bacteria prior to treatment, unless the department determines that a water supply free from coliform bacteria is not available.

NR 812.37(2)(c) (c) Water treatment devices shall be installed in accordance with the manufacturer’s printed instructions, chs. SPS 382 and 384, and, if specified, department written installation approval conditions. If there is a conflict between the manufacturer’s instructions and the code requirements or approval conditions, the code requirements and approval conditions shall take precedence.

NR 812.37(2)(d) (d) A water treatment device shall be installed by one of the following:

NR 812.37(2)(d)1. 1. A plumber licensed under s. 145.06, Stats., if the device is installed downstream of the pressure tank or building control valve.

NR 812.37(2)(d)2. 2. A licensed pump installer if the device is installed upstream of the pressure tank.

NR 812.37(2)(d)3. 3. A property owner who is exempt from the requirement for a plumbing license under s. 145.06 (4) (a), Stats.

NR 812.37 Note Note: Section 145.06 (4) (a), Stats., provides an exemption from the requirement for a plumbing license for “plumbing work done by a property owner in a one-family building owned and occupied by him or her as his or her home or farm building, except where such license is required by local ordinance.”

NR 812.37(2)(e) (e) Treatment for control of regulated contaminants in a non-community water system shall be considered only after the system owner demonstrates that none of the following alternatives are available or feasible:

NR 812.37(2)(e)1. 1. Constructing a new well.

NR 812.37(2)(e)2. 2. Reconstructing an existing well.

NR 812.37(2)(e)3. 3. Connecting to an alternative water supply.

NR 812.37(2)(f) (f) The installation of a water treatment device shall supplement and not replace proper well location, construction and water supply protection.

NR 812.37(2)(g) (g) Unless otherwise stated in the department’s installation approval, treatment devices requiring approval under sub. (3) shall be designed and installed to treat all water provided by the water system. The department’s installation approval may exclude treatment of water being supplied for certain uses including outside hose bibs, fire protection systems, boilers used for space heating, turf sprinkler systems and non-food process water.

NR 812.37(2)(h) (h) Discharge or disposal of contaminated wastewater, filter media, or gases shall comply with applicable State and Federal regulations.

NR 812.37(2)(i) (i) All chemicals used for addition to a water system shall be approved for use under s. NR 812.091.

NR 812.37(2)(j) (j) All products in contact with potable water shall be certified for compliance with NSF/ANSI Standard 61 or shall be approved for use under s. NR 812.091.

NR 812.37(2)(k) (k) Water treatment devices may not be installed in a private or non-community water system if the department has required the well to be filled and sealed under s. NR 812.26 (4) or has required use of the system to be discontinued.

NR 812.37(3) (3) Installation approval required. Department installation approval shall be obtained prior to installation if any of the following conditions apply:

NR 812.37(3)(a) (a) The water treatment device is installed for the purpose of controlling bacteria in a non-community water system.

NR 812.37(3)(b) (b) The water treatment device will be installed on or within the well or pressure system, or when water treatment occurs within the well.

NR 812.37(3)(d) (d) The water treatment device or treatment system will control corrosion or will control, remove or prevent contaminant levels in excess of primary drinking water standards as specified under ch. NR 809, health advisories or action levels in a non-community water system.

NR 812.37(3)(g) (g) Fluoride is added to a water system.

NR 812.37(3)(h) (h) The installation of a water treatment plant facility.

NR 812.37(3m) (3m) Inspection requirements. Inspection of the existing well and pressure system for compliance with the construction and location requirements of this chapter is required prior to installation of a water treatment device for the purpose of controlling bacteria in a private water system. No person may install a water treatment device for the purpose of controlling bacteria in a private water system unless an inspection has been conducted that meets all of the following requirements:

NR 812.37(3m)(a) (a) The inspection shall be conducted by a licensed water well driller or licensed pump installer.

NR 812.37(3m)(b) (b) The inspection shall include a comprehensive visual inspection of the well and pressure system and a diligent search for the well construction report.

NR 812.37(3m)(c) (c) The inspector shall report the results of the compliance inspection on the form specified by the department. The form shall be completed in full according to department instructions and shall be accurate. The inspector shall identify any corrective measures that would reduce the potential for bacteria to enter the well and pressure system.

NR 812.37(3m)(d) (d) The inspector shall provide a completed inspection report and well construction report, if found, to the private water system owner. Use of the department form does not imply department approval of the well and pressure system.

NR 812.37(4) (4) Application and approval conditions.

NR 812.37(4)(a) (a) In addition to the information required under s. NR 812.09 (2), the department may require the applicant to describe the proposed water treatment device; provide a sketch of the proposed installation; include results of an analysis of coliform bacteria of a water sample taken from the water supply within 6 weeks of application; include results of an analysis of contaminants to be controlled by the water treatment device of water samples taken from the water supply at specified locations; and describe the proposed water quality monitoring, operating, and maintenance programs. Additional sampling and information may be requested depending on the nature of the contamination and other site specific conditions. Analysis of water samples shall meet the requirements under s. NR 812.46 for private water systems and s. NR 809.76 for non-community water systems.

NR 812.37(4)(b) (b) The department may require operational procedures including installation of a sample faucet and an entry point sample faucet at specific locations, periodic sampling and analysis, device maintenance, and inspection provisions in its installation approval of a water treatment device.

NR 812.37(4)(d) (d) The department may require the water system owner or operator to shut off, bypass or disconnect a water treatment device installed upstream of the first sampling faucet after the well for a period of up to two weeks to obtain a sample of untreated water to analyze for coliform bacteria or other contaminants.

NR 812.37(4)(e) (e) At a minimum, fluoride treatment installations or corrosion control treatment system installations shall comply with the following standards:

NR 812.37(4)(e)1. 1. The fluoride or the corrosion control chemical is added with a positive displacement-type feed pump.

NR 812.37(4)(e)2. 2. A spring loaded check valve is installed between the positive displacement-type feed pump and the point of injection to prevent backflow of untreated water into the solution tank.

NR 812.37(4)(e)3. 3. A spring loaded check valve is installed to prevent the siphoning of fluoride or corrosion control chemical into the water.

NR 812.37(4)(e)4. 4. The feed pump and the well pump are electrically wired in interlock with a flow switch connected in series from the feed pump into the well pump and there are no water outlets upstream of the point of fluoride or corrosion control chemical injection.

NR 812.37(4)(e)5. 5. The feed pump has a metering device for measuring fluoride or corrosion control chemical flow rates.

NR 812.37(4)(e)6. 6. The chemical storage tank is covered and installed at an elevation lower than the feed pump.

NR 812.37 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (3) (d), (4) (e) (intro.), 1., 3. to 6., cr. (2) (i), (3) (h), Register, September, 1994, No. 465, eff. 10-1-94; corrections in (2) (a) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; correction in (2) (a), (c), (d) 1., 3. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 13-099: am. (4) (a) Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1), (2) (b), (d), r. and recr. (2) (e), am. (2) (g), (i), cr. (2) (j), (k), am. (3) (a), (b), r. (3) (c), am. (3) (d), r. (3) (e), (f), am. (3) (g), cr. (3m), am. (4) (a), (b), r. (4) (c), am. (4) (d), (e) 5. Register June 2020 No. 774, eff. 7-1-20.; correction in (2) (k), (3) (g), (4) (e) 1. to 4. made under s. 35.17, Stats., Register June 2020 No. 774.

NR 812.38 NR 812.38 Injection of fertilizers or pesticides for agricultural purposes.

NR 812.38(1) (1) Potable water supplies or systems. Chemical addition to a potable well or water system may only be undertaken according to the requirements of s. NR 812.37. The injection of fertilizers or pesticides into a potable well or water system is prohibited. No person may inject fertilizers or pesticides into a potable well or water system. Fertilizers or pesticides may be used with potable water systems by repumping from a tank or a pond. The discharge from the well pump into a reservoir or pond shall have a free fall from a point at least 2 feet above the established reservoir or pond overflow elevation.

NR 812.38(2) (2) Nonpotable water supplies.

NR 812.38(2)(a) (a) Injection of fertilizers.

NR 812.38(2)(a)1. 1. The injection of fertilizers into a nonpotable well, well pump suction pipe, or pump column is prohibited. No person may inject fertilizers into a nonpotable well, well pump suction pipe, or pump column.

NR 812.38(2)(a)2. 2. Fertilizer may be injected in the discharge pipe of a booster pump delivering water from a tank or sealed pond into which the well pump discharges through an air gap from a point at least 2 discharge pipe diameters above the overflow level of the tank or pond.

NR 812.38(2)(a)3. 3. Fertilizer may be injected into the well pump discharge pipe of a nonpotable water system if it is injected with a positive displacement type chemical feed pump or other approved equipment at a point downstream of a reduced pressure principle backflow preventer which complies with ch. SPS 384 and is installed in accordance with ch. SPS 382 or downstream of an UL approved check valve installed in the well pump discharge pipe at the well site. The chemical feed pump shall be shut off at least 10 minutes prior to shutting off of the well pump so as to purge the chemical from the water system.

NR 812.38(2)(a)4. 4. Fertilizer may be introduced into the well pump discharge pipe of a nonpotable water system if it is aspirated into the well pump discharge pipe with a venturi-type aspirator and the injection point is downstream of a barometric pipe loop extending at least 35 feet above the highest part of the downstream discharge piping.

NR 812.38(2)(b) (b) Injection of pesticides.

NR 812.38(2)(b)1. 1. The injection of pesticides into a nonpotable well, well pump suction pipe, or pump column is prohibited. No person may inject pesticides into a nonpotable well, well pump suction pipe, or pump column.

NR 812.38(2)(b)2. 2. Pesticide may be injected in the discharge pipe of a booster pump delivering water from a tank or pond into which the well pump discharges through an air gap from a point at least 2 discharge pipe diameters above the overflow level of the tank or pond.

NR 812.38(2)(b)3. 3. Pesticide may be injected into the well pump discharge pipe of a nonpotable water system if it is injected with a positive displacement type chemical feed pump or other approved equipment at a point downstream of a reduced pressure principle backflow preventer, which complies with ch. SPS 384 and is installed in the well pump discharge pipe at the well site but subject to the following conditions:

NR 812.38(2)(b)3.a. a. The department shall be notified by the owner of the nonpotable water system of when and where a reduced pressure principle backflow preventer is installed in a system and when it is removed,

NR 812.38(2)(b)3.b. b. The reduced pressure principle backflow preventer shall be installed and maintained in accordance with ch. SPS 382,

NR 812.38(2)(b)3.c. c. The reduced pressure principle backflow preventer shall be installed above the regional flood level and the location shall be accessible for testing, inspection and maintenance,

NR 812.38(2)(b)3.d. d. The reduced pressure principle backflow preventer may not be bypassed or made inoperative nor removed from an irrigation system in which pesticides continue to be injected into the well pump discharge pipe,

NR 812.38(2)(b)3.e. e. Annual testing of the reduced pressure principle backflow preventer shall be conducted with a differential pressure gauge in accordance with the ASSE Standard 1013 testing method for reduced pressure principle backflow preventers by a DSPS listed backflow prevention device tester, and the owner of the system shall send a report of the test results to DSPS at least once each year, and

NR 812.38(2)(b)3.f. f. Pesticide application and use in compliance with this section shall conform to ch. ATCP 29.

NR 812.38 Note Note: Lists of DSPS approved reduced principle backflow preventers are available from DSPS. Listing as a tester of reduced pressure principle backflow preventers may be obtained following successful completion of a training course accepted by DSPS. Lists of testers willing to perform the required testing are available from DSPS.

NR 812.38(2)(b)4. 4. Pesticide may be introduced into the well pump discharge pipe of a nonpotable water system if it is aspirated into the well pump discharge pipe with a venturi-type aspirator and the injection point is downstream of a barometric pipe loop extending at least 35 feet above the highest part of the downstream discharge piping.

NR 812.38 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; correction in (2) (b) 3. f. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats, Register, May, 2000, No. 533; correction in (2) (a) 3., (b) 3. (intro.), b., e. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 18-095: am. (1), r. and recr. (2) (a) 1., (b) 1. Register June 2020 No. 774, eff. 7-1-20.

NR 812.39 NR 812.39 High capacity well water level and water usage measurement.

NR 812.39(1) (1) Well water level measurement. The department may require the installation and calibration of means for the measurement of static and pumping well water levels for any high capacity well and may require the operator of the well to submit monthly reports of this information. Installation shall be made in a manner as to prevent entrance of contaminants to the water system and in compliance with approval conditions and as depicted in Figure 3 of ch. NR 812 Appendix.

NR 812.39(1)(a) (a) When an air line with altitude gauge is installed in a well, the equipment and installation shall meet the following requirements:

NR 812.39(1)(a)1. 1. When the top of the well is not housed in a pumphouse or other structure, that portion of the air line extending above the pump discharge head or well seal, and to a depth of at least 3 feet into the well, shall be metal or shall be fiber or wire-braided reinforced tubing. An “air quick-disconnect” fitting shall be installed for the top of the air line such that the altitude or pressure gauge may be easily removed and stored in a dry place when water levels are not being measured. The “air quick-disconnect” fitting shall be installed to point downward or shall be capped such that contaminants cannot enter the air line.

NR 812.39(1)(a)2. 2. A silicone rubber sealant or a watertight threaded metal fitting shall be used to seal the opening in the pump discharge head or the well seal through which the air line extends.

NR 812.39(1)(b) (b) When an electrical water level sensing device, a steel tape or similar means for use in measuring water levels is used in lieu of an air line with altitude gauge, the opening in the pump discharge head or well seal used for the measurements shall be sealed watertight when water levels are not being measured.

NR 812.39(2) (2) Recording total water usage. The department may require the installation and calibration of means for the recording of total water usage from a high capacity well and shall require the operator of the well to submit monthly reports of this information.

NR 812.39 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; CR 18-095: am. (1), (2) Register June 2020 No. 774, eff. 7-1-20.

NR 812.40 NR 812.40 Above ground pumphouses. When a structure is constructed to house a well, pump, pressure tank, other appurtenances or any combination thereof, the structure shall be weather- and frost-proof, if needed. Above ground pumphouses shall be constructed with the following minimum features:

NR 812.40(1) (1) When a poured-concrete floor is provided, the top of the floor shall be at least 4 inches above the established ground grade and sloped toward the drain or door, or away from the well. A watertight bond shall be provided between the well casing pipe and the concrete;

NR 812.40(2) (2) A door opening outward when the structure is large enough, or a trapped floor drain discharging to the ground surface at least 8 feet from the well when a door is not installed;

NR 812.40(3) (3) Protection from freezing for the well, pressure tank and piping, if needed;

NR 812.40(4) (4) Hinged roof or removable hatch over the well or some provision for pulling the pump; and

NR 812.40(5) (5) The structure may not be used for storage of materials that could contaminate the well.

NR 812.40 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), Register, September, 1994, No. 465, eff. 10-1-94; CR 18-095: am. (5) Register June 2020 No. 774, eff. 7-1-20.

NR 812.41 NR 812.41 Disinfection, flushing and sampling.

NR 812.41(1) (1) Disinfection. When a potable well is entered for the purpose of installing, replacing or repairing equipment located within the well, the well and discharge piping shall be thoroughly disinfected by the pump installer or by the person who installed the pump using sodium hypochlorite or calcium hypochlorite. Chlorine compounds having additives may not be used.

NR 812.41(1)(a) (a) The disinfectant shall be dispersed throughout the entire water column and in the water system.

NR 812.41(1)(b) (b) A chlorine solution with a minimum of 100 mg/l of chlorine shall be used to disinfect wells and water systems.

NR 812.41(1)(c) (c) The disinfectant solution shall be prepared according to Table D and shall remain in the system at least 8 hours, except for emergency situations when water is needed without delay. A contact time of at least 30 minutes shall be provided for emergency situations.

NR 812.41(2) (2) Flushing. The pump installer or his or her agent shall thoroughly flush the system of chlorine after disinfecting and before the pump is placed in normal service.

NR 812.41(3) (3) Water sample collection, analysis, and reporting. The pump installer shall collect water samples, submit them to a certified laboratory for analysis, and provide the test results in compliance with s. NR 812.46.

NR 812.41 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (intro.), (3) (a), (c), Register, September, 1994, No. 465, eff. 10-1-94; CR 13-099: r. and recr. (3), cr. (4) Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1) (c), r. and recr. (3), r. (4) Register June 2020 No. 774, eff. 7-1-20.