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
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.
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
“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."
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)
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.
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.
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.
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.
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.
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
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.
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:
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.
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.
The existence of any well having either stovepipe or thin-walled well casing pipe.
The existence of any noncomplying or unprotected buried pump suction line.
The existence of any noncomplying non-walkout basement or below-grade crawl space well.
Well casing pipe in poor condition including significant corrosion, cracks or other damage.
The existence of a low area or drainage swale near or around the well site that places the well at risk from localized flooding.
The existence of any visible cross-connection either between the private water piping system and a sewerage piping system or between the well and a community water system.
The existence of a driven point well installed on or after February 1, 1991 for which a well construction report is not available or a driven point well of any construction date that has less than 25 feet of well casing pipe, not including the screen.
The existence of noncomplying nonpressurized conduit, either horizontal or vertical.
The existence of an offset pump or off-set pump piping that is less than 12 inches above a basement floor, if installed on or after October 1, 2014, or that is located less than 6 inches above a basement floor, if installed prior to October 1, 2014.
The existence of a noncomplying yard hydrant installed upstream of the pressure tank after October 1, 2014, or the existence of any yard hydrant installed in or on a well.
The existence of any visible noncomplying pump suction pipe, discharge pipe, or noncomplying water supply piping.
The pump electrical wires at the wellhead are not properly enclosed in conduit.
The well and pressure system lacks a sample faucet either on the tee of the pressure tank or upstream of the pressure tank.
The existence of an extreme health or safety hazard not noted elsewhere on the inspection form.
The well casing pipe at the ground surface is less than six inches in diameter for wells terminating in limestone, dolomite, shale, quartz, or granite.
The following comments or items of concern shall be noted on the inspection form:
The existence of a driven point well installed before February 1, 1991, with a strong likelihood it contains less than 25 feet of casing pipe below the ground surface, not including screen.
The inability of the contractor to find a well construction report for the well in department records either because one was never filed, the report had an incorrect geographic location, or the report was misfiled in department records.
The existence of a well located in a special well casing depth area.
The existence of a two-wire submersible pump, manufactured prior to 1979, in a well.
Evidence of some corrosion, but not serious corrosion, on the visible portion of the well casing pipe.
The existence of a well having an inaccessible or difficult location with respect to any future well construction or rehabilitation work.
The existence of a well having an inaccessible or difficult location with respect to any future pump installation work.
The existence of a non-vermin proof well cap or well seal. The cap or seal is required to be replaced with an approved vermin-proof cap or seal whenever any well drilling or pump installing work is done on the well and pressure system which involves removal of the well cap or well seal.
The inspector may note any concerns regarding the condition, capacity or performance of the well and pressure system in the inspection, including well or pump yield, though it is not required for a property transfer well inspection.
The property transfer well inspector shall indicate on the inspection form whether the well and pressure system comply with this chapter; comply with this chapter with the exception of needing a more comprehensive search or additional research; or does not comply with this chapter.
NR 812.44 History
History: CR 13-099
: cr. Register September 2014 No. 705
, eff. 10-1-14; CR 18-095
: am. (1) (a), (d), (3), r. and recr. (4), am. (5) (b) 6., 13., 14., 16., (d) Register June 2020 No. 774
, eff. 7-1-20.
NR 812.45 Citations.
The department may take enforcement action against any person who violates any of the provisions listed in sub. (1)
. 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.
Citations may be issued for violations relating to any of the following:
Sampling and reporting requirements, as provided under ss. NR 812.04 (2)
, 812.09 (4) (a) 3.
, 812.10 (10)
, or (15)
, 812.26 (7)
, 812.27 (12)
, 812.42 (13)
, 812.44 (3)
, or 812.46
Prior to issuing a citation under par. (b)
, the department shall do all of the following:
Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.
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 812.45 History
History: CR 13-099
: cr. Register September 2014 No. 705
, eff. 10-1-14; correction in numbering made under 2. 13.92 (4) (b) 1., Stats., correction in (intro.) made under s. 13.92 (4) (b) 7.
, Stats., Register September 2014 No. 705
; CR 18-095
: am. (1) (a) to (c), Register June 2020 No. 774
, eff. 7-1-20.
NR 812.46 Water sampling, analysis and reporting requirements. NR 812.46(1)(1)
Samples required following well drilling, well construction or pump installing. NR 812.46(1)(a)(a)
Total coliform bacteria.
A well driller, well constructor, or pump installer shall collect water samples to be analyzed for total coliform bacteria after performing any of the following activities as allowed by his or her license:
Pump installing for a new well, unless the pump installer is employed by the same business that drilled or constructed the well or is the same individual who drilled or constructed the well, then only one total coliform bacteria sample is required after the pump installation has been completed, if the pump installation will be completed within 60 days of the well completion.
Replacing a pump or pressure tank on an existing water system that does not involve entry into the well.
Pump installing involving entry into an existing well where arsenic and nitrate samples have been collected and analyzed following pump installing activities within the past 6 months by the same licensee.
Entering a well to: diagnose any feature or problem with the well, including pressure testing a nonpressurized conduit, a pitless adapter, or well casing pipe; measure casing depth or total well depth; clean or bail a well without the use of chemicals; or raise the well casing height.
Total coliform bacteria and nitrate.
A well driller or well constructor shall collect water samples to be analyzed for total coliform bacteria and nitrate after performing any of the following activities:
Well reconstruction, including deepening, lining or screen replacement.
Total coliform bacteria, nitrate and arsenic.
A well driller, well constructor, or pump installer shall collect water samples to be analyzed for total coliform bacteria, nitrate, and arsenic after performing any of the following activities as allowed by his or her license:
Entering an existing well to perform pump installing activities, or to install, replace or repair any equipment related to pump installing, including installing water level measuring devices, except where par. (a) 3.
Special well casing depth areas.
A well driller or well constructor shall collect water samples and submit them for analyses as specified by the department when constructing or reconstructing a well located within a special well casing depth area.
Water samples are not required when a well is entered for the sole purpose of taking a water level measurement if the equipment used for measuring the water level has been disinfected between measurements and the equipment and the well cap or seal have been handled in a sanitary manner.