Chapter NR 812

NR 812.42(7)(a)4. 4. All wells located in a floodplain shall extend at least 2 feet above the regional flood elevation for the well site.

NR 812.42(7)(b) (b) When the height of a well casing pipe does not meet the requirements of this section, it shall be extended in accordance with subs. (11) and (12) to a height at least 12 inches above ground grade or above the floor of a pumphouse; or, if applicable, 2 feet above the regional flood elevation.

NR 812.42(7)(c) (c)

NR 812.42(7)(c)1. 1. When a well is terminated in a basement, a below-grade crawl space, in a walkout basement, in a pit or in an alcove, the well casing pipe shall extend 6 inches above the floor of the structure.

NR 812.42(7)(c)2. 2. When the height of a well casing pipe does not meet the requirements of this section, it shall be extended in accordance with sub. (12) to a height at least 12 inches above the floor of the structure, except that for wells extended out of pits and alcoves the well casing pipe shall be extended at least 12 inches above the outside ground grade. When the well would create an obstruction to pedestrian passage, the well casing pipe may be raised to a height just below the ceiling of the alcove structure.

NR 812.42(7)(c)3. 3. The well casing pipe may only be extended if the well meets the well casing pipe depth requirements of sub. (1) (b). If it does not meet the requirements of sub. (1) (b), the well shall be filled and sealed according to the requirements of s. NR 812.26. The well casing pipe depth shall be measured before extending the well casing pipe, if there is no confirmable well construction report for the well. 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 812.10 (15).

NR 812.42(8) (8) Existing well seals and caps.

NR 812.42(8)(a) (a) A noncomplying well cap or well seal shall be replaced with an approved well cap or well seal in any of these situations:

NR 812.42(8)(a)1. 1. The existing cap or seal, or the electrical conduit is broken or damaged,

NR 812.42(8)(a)2. 2. The well is entered for the purpose of installing, replacing, or repairing the pump or any other equipment located within the well.

NR 812.42(8)(a)3. 3. The well is entered for the purpose of reconstructing or rehabilitating the well.

NR 812.42(8)(c) (c) Split-plate well seals may only be used when the well is located in a pumphouse or a building.

NR 812.42(8)(d) (d) No open holes, other than an optional screened well vent, may exist in a new replacement well cap or well seal.

NR 812.42(8)(e) (e) Approved well caps or approved well seals shall be installed by licensed water well drillers or registered water well drilling businesses, or licensed pump installers or registered pump installing businesses.

NR 812.42(9) (9) Wells in basements and walkout basements.

NR 812.42(9)(a) (a) Wells in basements and below-grade crawl spaces, not including wells in alcoves.

NR 812.42(9)(a)1. 1. Wells constructed after April 10, 1953 terminating in basements or wells constructed after July of 1951 terminating under a building addition shall be permanently filled and sealed according to the requirements of s. NR 812.26.

NR 812.42(9)(a)2. 2. Wells terminating in basements or below-grade crawl spaces shall meet the general requirements of s. NR 812.42 (1).

NR 812.42(9)(a)3. 3. Screens may not be replaced on driven point wells terminating in or extending through basements or below-grade crawl spaces. When a driven point well screen needs replacement, the driven point well shall be permanently filled and sealed according to the requirements of s. NR 812.26. Any replacement well shall meet the requirements for new wells in this chapter.

NR 812.42(9)(a)4. 4. Wells terminating in basements or below grade crawl spaces may remain in service if all of the following conditions are met:

NR 812.42(9)(a)4.a. a. The well was installed before April 10, 1953.

NR 812.42(9)(a)4.b. b. If the well is a driven point, the point was never replaced after April 10, 1953.

NR 812.42(9)(a)4.c. c. The well produces water free from contaminant levels in excess of the standards of s. NR 812.06.

NR 812.42(9)(a)4.d. d. The well casing pipe depth meets the requirements of sub. (1) (b).

NR 812.42(9)(a)4.e. e. The well and pump installation are in compliance with all other requirements of this chapter.

NR 812.42(9)(b) (b) Wells in walkout basements. Wells terminating in walkout basements may remain in service if all of the following conditions are met:

NR 812.42(9)(b)1. 1. It is possible to walk directly outside from the walkout basement without walking upstairs or upslope.

NR 812.42(9)(b)2. 2. The surface of the ground around the outside exit door of the walkout basement slopes down away from the door.

NR 812.42(9)(b)3. 3. The well and pump installation are accessible for repair and removal.

NR 812.42(9)(b)4. 4. The well produces water free from contaminant levels in excess of the standards of s. NR 812.06.

NR 812.42(9)(b)5. 5. The well casing pipe depth meets the requirements of sub. (1) (b).

NR 812.42(9)(b)6. 6. The well and pump installation are in compliance with all other requirements of this chapter.

NR 812.42(9)(b)7. 7. The walkout basement is not subject to flooding.

NR 812.42(9)(b)8. 8. The walkout basement is not in a floodway or floodplain.

NR 812.42(9)(b)9. 9. The well is sealed watertight where the well casing exits the basement floor.

NR 812.42(10) (10) Driveway ramps. A well may terminate within a driveway ramp if the installation complies with the requirements for driveway ramps in s. NR 812.36 (3).

NR 812.42(11) (11) Work on existing installations.

NR 812.42(11)(a) (a) Pits and alcoves, noncompliant casing height or well deepening. Before extending any well casing pipe out of a pit or alcove, extending casing when the height is noncompliant, 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 rules in effect at the time the well casing was installed including any special well casing depth area requirements or variances, if no confirmable well construction report can be found for the well. 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 812.10 (15).

NR 812.42(11)(am) (am) Reconstruction. A well constructed in violation of the requirements in effect at the time of construction or a well constructed to meet the requirements in effect at the time of construction but not according to the construction requirements of ss. NR 812.09 to 812.15 may not be reconstructed.

NR 812.42(11)(b) (b) Sample Faucet. When doing any pump work involving replacement of the pressure tank, or work involving the water supply piping inside the basement or building, the pump installer shall install sample faucets that meet the requirements specified in s. NR 812.34 if any are missing. The pump installer shall also 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. The pump installer or well owner may not file the threads off a noncomplying sample faucet.

NR 812.42(11)(c) (c) Casing Height.

NR 812.42(11)(c)1. 1. 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 to at least:

NR 812.42(11)(c)1.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 812.42(11)(c)1.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 812.42(11)(c)2. 2. When the well casing height above grade does not comply with subd. 1. a. or b., the well driller or the pump installer shall measure the well casing pipe depth to verify that the well casing pipe depth complies with the rules in effect at the time that the well was constructed, if there is no confirmable well construction report available for the well. 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 812.10 (15).

NR 812.42(11)(c)3. 3. The extension of the well casing pipe shall be in accordance with sub. (12).

NR 812.42(11)(d) (d) Well cap or seal. When doing any water well work or pump installing work that involves entry into a well, the well driller or pump installer shall replace any unapproved well cap or seal with an approved well cap or sanitary well seal.

NR 812.42(11)(e) (e) Nonpressurized conduit. When any water well drilling work or pump installing work is performed involving entry into a well that has a nonpressurized conduit and the nonpressurized conduit may continue to be used, the well driller or pump installer shall evaluate the integrity of the nonpressurized conduit and its connection to the well casing pipe by performing a pressure test. The nonpressurized conduit shall be tested and proven watertight under a pressure of not less than 14 psi. The pressure shall be maintained for at least 30 minutes. If the nonpressurized conduit fails the pressure test, the installation shall be changed to a pitless connection. The nonpressurized conduit shall be completely eliminated by cutting off the well casing pipe below the nonpressurized conduit and extending the well casing pipe to at least 12 inches above grade and installing pressurized discharge piping according to the requirements of ss. NR 812.28, 812.31 and 812.32 (4). The extension of the well casing pipe shall be in accordance with sub. (12).

NR 812.42(11)(f) (f) Corrections. The features specified in pars. (a) to (e) must be corrected and may not be noted on a noncomplying features form instead of correcting the noncomplying feature or testing the nonpressurized conduit.

NR 812.42(12) (12) Well casing height extensions for steel well casing pipe.

NR 812.42(12)(a) (a) The well casing pipe in the ground may only be extended up if it has the minimum wall thickness for its diameter according to the requirements of s. NR 812.11 (6) Table B and is not in a deteriorated condition. If it does not meet these requirements, the well shall be filled and sealed according to the requirements of s. NR 812.26. The well casing pipe extension (riser pipe) shall meet the requirements of s. NR 812.11 (6) and shall be attached to the top of the existing casing by any of the following methods:

NR 812.42(12)(a)1. 1. Cutting off the well casing pipe in the ground squarely, providing a bevel for the top of the well casing pipe and making a watertight weld between the beveled end of the well casing pipe and the beveled end of the riser pipe.

NR 812.42(12)(a)2. 2. Cutting threads on the top of the well casing pipe and the bottom of the riser pipe with a pipe die and using a full-standard recessed threaded coupling to provide a watertight connection between the two pipes.

NR 812.42(12)(a)3. 3. Welding a properly-sized, snug-fitting, pipe nipple, beveled on the lower end and having threads on the upper end, and meeting the requirements of s. NR 812.11 (6) to the beveled end of the well casing pipe. The pipe nipple shall be welded on the inside and the outside contact surfaces of the pipe nipple. A threaded riser pipe shall be screwed onto the top of the welded on pipe nipple.

NR 812.42(12)(a)4. 4. Reaming out the threads of a full standard recessed coupling, at least 1/3 the length of the coupling, and welding the coupling to the top of the cut-off well casing pipe with a fillet weld on the inside and outside contact surfaces of the coupling. The riser pipe shall be threaded into the top of the coupling.

NR 812.42(12)(a)5. 5. The threaded lower end of a riser pipe may not be welded to the cut-off end of a well casing pipe.

NR 812.42(12)(a)6. 6. Riser pipe may not be connected to the well casing pipe by means of a compressible joint.

NR 812.42(13) (13) Disinfection, flushing and sampling. When working on existing water wells or pump installations, the well and water system shall be:

NR 812.42(13)(a) (a) Disinfected and flushed in accordance with s. NR 812.41.

NR 812.42(13)(b) (b) Sampled in accordance with s. NR 812.46.

NR 812.42 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (intro.), (a), (b), (2) (intro.), (a), (d), (5) (b), (6) (a) 2., (b) 2., (e), (7) (intro.) (9) (a) 1., cr. (4) (f), (6) (b) 4., (g), (7) (e), Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (a) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; CR 00-111: am. (1) (b), Register October 2001 No. 550, eff. 11-1-01; correction in (6) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-099: am. (1) (title), (intro.), (a), renum. (1) (b) to (b) 1., cr. (1) (b) 2. to 5., am. (1) (c), (2) (title), (intro.), (a), (c), renum. (d) to (d) 1. to 3. and am., renum. (3) to (3) (a) to (c), am. (4) (f), cr. (4) (g), (h), am. (6) (intro.), renum. (6) (a) 2. to 2. a., b. and am., cr. (6) (a) 2. c., am. (6) (b) 4., r. (7) (a), renum. (7) (intro.) to (7) (a), (7) (b) to (e) to (7) (a) 1. to 4., cr. (7) (b), (c), renum. (8) to (8) (b) to (d) and am., cr. (8) (a), (e), am. (9) (a) (title), 1., renum. (9) (a) 2. to (a) 2., 3. and am., cr. (9) (a) 4., am. (9) (b) (intro.), 2., 3., cr. (9) (b) 5. to 8., cr. (10) to (13) Register September 2014 No. 705, eff. 10-1-14; correction in numbering (11) (c) to (f) made under s. 13.92 (4) (b) 1., Stats., correction in (3) made under s. 13.92 (4) (b) 2., Stats., corrections in (2) (d) 1. b., (11) (c) 2., (f) made under s. 13.92 (4) (b) 7., Stats., September 2014 No. 705; CR 18-095: cr. (intro), r. (1) (intro.), am. (1) (title), (a), (b) 1 to 4., 5. (intro.), a., b., r. (1) (b) 5. c., d., cr. (1) (b) 6., 7., am. (1) (c), cr. Table E, am. (2) (intro.), (a) to (c), (d) (intro.), 1. b., 2., 3., (3), cr. (3m), am. (4) (e), (f), (g) (intro.), (h), (5) (intro.), (b), (c), (6) (a) 1., 2. a. to c., cr. (6) (a) 2. d., am. (6) (a) 3., (b) (intro.), 1., 2., 4., (c) to (e), (7) (title), (a) (intro.), (b), (c), (8) (a) (intro.), r. (8) (b), am. (8) (c), (d), (e), (9) (a) (title), 2., 3., 4. a. to c., (b) 4., cr. (9) (b) 9., am. (10), (11) (a), cr. (11) (am), am. (11) (b), (c) 2., (d), (e), (f), (12) (a) (intro.), 3., r. and recr. (13), Register June 2020 No. 774, eff. 7-1-20; (6) (a) (title), (b) (title), (c) (title) created under s. 13.92 (4) (b) 2., Stats., correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in Table E (title), (6) (b) (intro.), (9) (a) 2. made under s. 35.17, Stats., Register June 2020 No. 774.

subch. V of ch. NR 812 Subchapter V — Variances

NR 812.43 NR 812.43 Variances.

NR 812.43(1) (1) When strict compliance with the requirements of this chapter is not feasible, a variance may be requested. All variance requests shall be in writing, except for situations that may require an immediate response, in which case a variance may be requested verbally from the owner, or the owner’s agent, and a verbal variance may be granted by the department to be followed up with a written confirmation. If the verbal request is made by the owner’s agent, the agent shall provide confirmation of the owner’s concurrence with the request. A variance request shall include the names of the owner or owners and, if known, the well or heat exchange driller, well constructor or pump installer. The reason or reasons compliance with the requirements for this chapter is not feasible shall also be provided. The department may require the owner or the owner’s agent to submit additional information necessary for the department to determine if a variance is justified. The owner or owners or the owner’s agent shall sign the variance request. The department may condition the issuance of a variance by requiring additional construction or installation features to safeguard the groundwater and water supplied by the installation from contamination. Failure to comply with the conditions of a variance or the applicable requirements of this chapter voids the variance approval.

NR 812.43(1)(a) (a) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a proposed landfill or landfill expansion, shall be signed and submitted to the department by the owner of the well or by the owner of the landfill. Both parties shall have the right to appeal the variance approval, pursuant to ch. 227, Stats.

NR 812.43(1)(a)1. 1. If the application for a variance has been submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A.

NR 812.43(1)(a)2. 2. In cases where the application for a variance has been submitted by the well owner, the application shall include documentation that written notification of the variance request has been provided to the landfill owner.

NR 812.43(1)(b) (b) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a landfill may be granted by the department where conditions warrant, using the concept of comparable protection. Comparable protection may be provided by appropriate measures including a deeper well casing depth setting, specific grouting materials or methods, specific drilling methodology or additional well water sampling results. These measures will be determined by the department for the purpose of safeguarding the groundwater and the water supply from potential sources of contamination.

NR 812.43(1)(c) (c) A variance request to the separation distance specified in s. NR 812.08 Table A for a well to be constructed within 1,200 feet of a landfill not subject to expansion shall be signed and submitted to the department by the owner of the well. If a variance is granted, the department shall notify the landfill owner. If the landfill owner is unknown, the department shall notify the municipality where the landfill is located.

NR 812.43(2) (2) The department may grant a variance to the casing depth construction requirement specified in s. NR 812.14 (2) if the well constructor or well constructor’s agent demonstrates, and the department agrees, that adequate water quantity or water quality is not available below the required casing depth. If a variance is granted under this paragraph, the department may require additional conditions in the variance approval, including continuous chlorination or permanent cement grouting to the ground surface.

NR 812.43 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), Register, September, 1994, No. 465, eff. 10-1-94; CR 05-020: rn. (1) to be (1) (intro.) and am., cr. (1) (a) to (d) Register January 2006 No. 601, eff. 2-1-06; CR 13-096: am. (1) (intro.), CR 13-099, am. (1) (intro.), r. (1) (d) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 49 Register April 2016 No. 724; CR 18-095: am. (1) (a) (intro.), 1., (b), (c), r. and recr. (2) Register June 2020 No. 774, eff. 7-1-20.

subch. VI of ch. NR 812 Subchapter VI — Property Transfer Well Inspections

NR 812.44 NR 812.44 Property transfer well inspections. This subchapter applies to all water supply wells as defined in s. 280.30, Stats., used for any potable or nonpotable purpose. A well and pressure system inspection is not required at the time of property transfer, though if one is conducted, the inspection shall be in accordance with this chapter and ch. NR 146.

NR 812.44 Note Note: “Water supply well” is defined in s. 280.30, Stats., to mean “an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.”

NR 812.44(1) (1) Licensing.

NR 812.44(1)(a) (a) 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 water well driller or a licensed pump installer, or meets the requirements specified in par. (d).

NR 812.44(1)(b) (b) Only licensed individual water well drillers or licensed individual pump installers may conduct an inspection, or 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 the time of property transfer.

NR 812.44(1)(c) (c) If the only work to be done is collecting water samples for analysis at time of property transfer and the laboratory test results are reported by the certified laboratory on a laboratory form and no other statements are made or opinions offered by the individual who collected the sample or by the laboratory or by anyone else, regarding the location, compliance, condition, capacity or performance of the well or pressure system or the location or existence or nonexistence of wells that need to be filled and sealed then the samples may be collected by someone other than a licensed water well driller or licensed pump installer.

NR 812.44(1)(d) (d) A county employee may conduct property transfer well inspections without being a licensed water well driller or licensed pump installer if the county has adopted a Level 3 county delegation program under ch. NR 845, the employee meets the training and examination requirements of s. NR 845.08, and the inspections are conducted as part of the county employee’s duties. Property transfer well inspections performed by Level 3 delegated county employees shall be conducted in accordance with the evaluation criteria in this subchapter and using the department form specified for property transfer well inspections.

NR 812.44(2) (2) Equipment. Licensed individuals conducting property transfer well inspections shall be adequately equipped to conduct inspections.

NR 812.44 Note Note: Recommended equipment includes, where applicable, a well casing depth measuring device, GPS unit, computer, internet service, digital camera and magnetic locator.

NR 812.44(3) (3) Forms and instructions. The property transfer well inspector, when conducting property transfer well inspections, shall use the department form specified for that purpose. A separate form shall be completed for each well. The form shall be completed in full according to department instructions and shall be true and accurate. The property transfer well inspector shall provide the person who requested the inspection with the completed property transfer well inspection form. The inspector may attach their own forms or letters, provided those forms are not represented to be part of the department form. Use of the department form does not imply department approval of the well and pressure system. The property transfer well and pressure system inspection form shall not be submitted to the department except in the case of a variance request.

NR 812.44(4) (4) Water sample collection, analysis and reporting. The property transfer well inspector 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 812.44(5) (5) Evaluation criteria.

NR 812.44(5)(a) (a) A well and pressure system shall be evaluated for compliance with the requirements of this chapter in effect at the time of construction or installation, except that well and pressure systems installed before February 1, 1991 shall comply with the standards of subchapter IV. If a well and pressure system was ever used as a potable water supply, it shall be evaluated for compliance with the ch. NR 812 standards for potable water supplies. The inspection shall include all wells on the property.

NR 812.44(5)(b) (b) The following features of all wells and pressure systems on the property shall be considered during a property transfer well inspection and shall include any corrective measures necessary on the inspection form as follows:

NR 812.44(5)(b)1. 1. The need for a more comprehensive search on the property, a diligent search for wells that need to be filled and sealed, or need for additional research when there are indications that potential violations may exist which are not fully identifiable as part of the basic inspection outlined in this paragraph. to 36. Potential violations include a possible unused well, a well possibly located in a floodway or floodplain, or a well possibly located too close to a potential contamination source, including a landfill. The department shall develop guidance for conducting comprehensive searches that fall outside a basic property transfer well and pressure system inspection.

NR 812.44(5)(b)2. 2. The existence of any unused or noncomplying well that is required to be filled and sealed or the existence of any well that was filled and sealed by an unlicensed individual or unregistered person after June 1, 2008.

NR 812.44(5)(b)3. 3. The existence of any well having either stovepipe or thin-walled well casing pipe.