NR 812.44(5)(c)2.
2. 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.
NR 812.44(5)(c)3.
3. The existence of a well located in a special well casing depth area.
NR 812.44(5)(c)4.
4. The existence of a two-wire submersible pump, manufactured prior to 1979, in a well.
NR 812.44(5)(c)5.
5. Evidence of some corrosion, but not serious corrosion, on the visible portion of the well casing pipe.
NR 812.44(5)(c)6.
6. The existence of a well having an inaccessible or difficult location with respect to any future well construction or rehabilitation work.
NR 812.44(5)(c)7.
7. The existence of a well having an inaccessible or difficult location with respect to any future pump installation work.
NR 812.44(5)(c)8.
8. 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.
NR 812.44(5)(c)9.
9. 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.
NR 812.44(5)(d)
(d) 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
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.
NR 812.45(1)
(1) Citations may be issued for violations relating to any of the following:
NR 812.45(1)(c)
(c) Sampling and reporting requirements, as provided under ss.
NR 812.04 (2),
812.09 (4) (a) 3.,
812.10 (10),
(11), or
(15),
812.26 (7),
812.27 (12),
812.42 (13),
812.44 (3) or
(4), or
812.46.
NR 812.45(2)
(2) Prior to issuing a citation under par.
(b), the department shall do all of the following:
NR 812.45(2)(b)
(b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.
NR 812.45(3)
(3) 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 s.
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
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:
NR 812.46(1)(a)1.
1. 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.
NR 812.46(1)(a)2.
2. Replacing a pump or pressure tank on an existing water system that does not involve entry into the well.
NR 812.46(1)(a)3.
3. 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.
NR 812.46(1)(a)4.
4. 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.
NR 812.46(1)(b)
(b)
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:
NR 812.46(1)(b)2.
2. Well reconstruction, including deepening, lining or screen replacement.
NR 812.46(1)(c)
(c)
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:
NR 812.46(1)(c)1.
1. 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. applies.
NR 812.46(1)(d)
(d)
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.
NR 812.46(1)(e)1.1. 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.
NR 812.46(1)(e)2.
2. Water samples are not required when opening a well cap for the sole purpose of visually inspecting a well or disinfecting a well.
NR 812.46(1)(f)
(f)
When to collect water samples. A well driller, well constructor, or pump installer shall do all of the following:
NR 812.46(1)(f)1.
1. Collect water samples after any activities specified in pars.
(a) to
(d) are performed and before the water system is placed into service.
NR 812.46(1)(f)2.
2. Collect water samples no later than 30 days following completion of the well drilling, well construction or pump installing. Well drilling or well construction is considered complete when all operations that require the use of drilling, driving or annular space sealing equipment have been completed. Pump installing is considered complete when the pressure system is capable of providing water to the plumbing system.
NR 812.46(2)
(2)
Sample collection, handling and submittal. A well driller, well contractor, or pump installer shall meet all of the following requirements:
NR 812.46(2)(a)
(a)
Where to collect water samples. Samples collected after any activity specified in sub.
(1) shall be collected at the sample faucet located upstream of the pressure tank or installed on the tee of the pressure tank. If there is no sample faucet or the sample faucet is not accessible, samples shall be collected off the drilling rig, or from a faucet located upstream of any water treatment equipment. Faucets used for sampling shall be cold water taps free of aerators, strainers, hose attachments, mixing type faucets and treatment devices. The location of sample collection shall be noted on the sample form.
NR 812.46(2)(b)1.1. Deliver samples or make arrangements to have samples delivered to a laboratory no later than 48 hours after the sample was collected.
NR 812.46(2)(b)2.
2. Collect samples for total coliform bacteria analysis in a sample bottle that does not contain thiosulfate.
NR 812.46(2)(b)3.
3. Collect and submit a replacement sample no later than 30 days following notification from the laboratory that a sample was rejected for improper collection, improper handling, or presence of chlorine.
NR 812.46 Note
Note: A laboratory may have additional requirements for sample collection and handling.
NR 812.46(2)(c)1.1. Water samples for total coliform bacteria shall be analyzed by a laboratory that has received certification under ch.
ATCP 77.
NR 812.46(2)(c)2.
2. Water samples for nitrate shall be analyzed by a laboratory certified by the department under ch.
NR 149 to perform nitrate analysis of drinking water, using an approved method listed in s.
NR 809.113 Table A.
NR 812.46(2)(c)3.
3. Water samples for arsenic shall be analyzed by a laboratory certified by the department under ch.
NR 149 to perform arsenic analysis of drinking water, using an approved method listed in s.
NR 809.113, Table A.
NR 812.46(2)(c)4.
4. Water samples for a contaminant specified to be sampled as part of a specific requirement for a special well casing depth area, or otherwise required by the department, shall be analyzed by a laboratory certified for drinking water analyses under ch.
NR 149 to analyze drinking water for the presence of that contaminant, to determine if the contaminant is at a level below the primary drinking water standard specified in s.
NR 812.06, using an approved method appropriate for the contaminant and listed in s.
NR 809.311 Table F, 809.113 Table A, 809.203 Table CM or 809.243 Table E.
NR 812.46(3)(a)
(a) A well driller, well constructor, or pump installer may delegate collection of their water samples following well drilling or pump installing activities to an agent.
NR 812.46(3)(b)
(b) The well driller, well constructor, or pump installer shall provide the agent with the correct sample forms and license number.
NR 812.46(3)(c)
(c) The well driller, well constructor, or pump installer is responsible for ensuring that the delegated agent follows all the requirements specified in subs.
(1) and
(2). If a delegated agent fails to meet any of the requirements specified in subs.
(1) and
(2), the well driller, well constructor, or pump installer is responsible for noncompliance.
NR 812.46(4)
(4)
Water sample test forms. The well driller, well constructor, or pump installer shall use and provide the water sample test forms specified by the department for sampling required under sub.
(2). The information entered on the water sample test form by the well driller, well constructor, pump installer or their agent shall be complete, true and accurate and include sample site location, date and time of collection, and name of sampler.
NR 812.46(5)
(5)
Test results. The well driller, well constructor, or pump installer shall provide the well owner or the owner's agent with a copy of each laboratory test report no later than 10 days after the well driller's, well constructor's, or pump installer's receipt of the laboratory test report. The well driller, well constructor, or pump installer shall notify the well owner or agent as soon as practicable, but no later than 48 hours after being notified by a laboratory that the well water is total coliform bacteria-positive or contains a contaminant level in excess of a standard in s.
NR 812.06.
NR 812.46(6)
(6)
Sampling for property transfer well inspections. NR 812.46(6)(a)(a)
Potable Wells. When a property transfer well inspection is conducted, the property transfer well inspector shall collect water samples to be analyzed for total coliform bacteria, nitrate and arsenic for each potable well on the property and submit them for analysis to a laboratory in accordance with sub.
(2) (c).
NR 812.46(6)(b)
(b)
Nonpotable wells. When a property transfer well inspection is conducted, the property transfer well inspector shall collect a water sample to be analyzed for total coliform bacteria for each nonpotable well on the property and submit it to a laboratory in accordance with sub.
(2) (c).
NR 812.46(6)(c)
(c)
Where to collect samples. Required samples for property transfer well inspections shall be collected as specified in sub.
(2) (a). The location of sample collection shall be noted on the inspection form.
NR 812.46(6)(d)
(d)
Delegation of sampling responsibilities. The property transfer well inspector may not delegate water sample collection for a property transfer well inspection to another individual.
NR 812.46(6)(e)
(e)
Sample handling. Sample collection, handling, and submittal shall be in accordance with sub.
(2).
NR 812.46(6)(f)
(f)
Test results. The property transfer well inspector shall provide the water sample test results to the party who requested the inspection. Water sample test results for property transfer well inspections shall not be submitted to the department unless requested by the department to evaluate a variance application.
NR 812.46(7)
(7)
Other required samples. For any other water samples required by the department under s.
NR 812.09 or
812.43, the applicant or designee shall meet the sample collection, handling and submittal requirements of sub.
(2) and ch.
NR 149.
NR 812.46(8)(a)(a)
Invalid sample. A laboratory shall reject any sample submitted under this section that is received later than 48-hours after sample collection.
NR 812.46(8)(b)
(b)
Sample integrity. The laboratory shall test the sample for the presence of free chlorine before analyzing for total coliform bacteria. If free chlorine is present in the sample above 0.1 mg/L, the laboratory shall reject the sample. Laboratories shall reject samples that are frozen.
NR 812.46(8)(c)
(c)
Bacteria analyses. Samples for total coliform bacteria analysis shall be analyzed within 48 hours of sample collection. If any sample is total coliform bacteria-positive, the laboratory shall further analyze that total coliform bacteria-positive culture medium to determine if
E. coli are present.
NR 812.46(8)(d)
(d)
Nitrate analyses. Samples for nitrate analysis may be analyzed without acid preservation if analyzed within 48 hours of sample collection. Samples analyzed more than 48 hours after collection shall be acidified upon receipt, analyzed for nitrate plus nitrite, and reported as total nitrate plus nitrite.
NR 812.46(8)(e)
(e)
Arsenic analyses. Samples for arsenic analysis received at the laboratory shall be acidified upon receipt according to method requirements, and shall be held for at least 16 hours prior to beginning analysis.
NR 812.46(8)(f)
(f)
Reporting test results. Laboratories used for compliance with sub.
(1) (a) to
(d) shall electronically report the test results to the department no later than 31 days after completion of the analysis. The water sample test results and data entered from the test request form into the department data system shall meet all of the following requirements:
NR 812.46(8)(f)1.
1. Be reported by the laboratory that initially received the samples, even if analysis was subcontracted to another laboratory.
NR 812.46(8)(f)2.
2. Have been analyzed by a laboratory holding the drinking water certification for the analysis performed.
NR 812.46(8)(f)3.
3. Include all total coliform bacteria-positive and
E. coli-positive test results.
NR 812.46(8)(g)
(g)
Record retention. Records of analyses and water sample test forms for samples collected to comply with this section shall be kept by the laboratory for not less than 6 years. The laboratory shall provide sampling records to the department upon request.
NR 812.46(9)(a)
(a) Water samples collected to meet the sampling requirements for well drilling, well constructing, or pump installing may not be used to meet the sampling requirements for property transfer well inspections.
