Chapter NR 815

NR 815.04(1)(b) (b) A well used for underground injection of a fluid containing an industrial or municipal waste below the lowermost formation containing an underground source of drinking water.

NR 815.04(1)(c) (c) A well used for underground injection of a fluid containing a radioactive waste below the lowermost formation containing an underground source of drinking water.

NR 815.04(2) (2) Class ii injection well. A class II well is any of the following:

NR 815.04(2)(a) (a) A well used for underground injection of a fluid that was brought to the surface in connection with activities that are related to the conventional production of oil or natural gas, or the underground storage of natural gas, that may be commingled with wastewater that is produced during production operations, except for any wastewater that is classified as a hazardous waste at the time of injection.

NR 815.04(2)(b) (b) A well used for enhanced recovery of oil or natural gas.

NR 815.04(2)(c) (c) A well used for storage of hydrocarbons that are liquid at standard temperature and pressure.

NR 815.04(3) (3) Class iii injection well. A class III well is a well used for solution mining of minerals including, but is not limited to:

NR 815.04(3)(a) (a) A well used to mine sulfur by the Frasch process.

NR 815.04(3)(b) (b) A well used for in-situ production of uranium or other metals from ore bodies that have not been conventionally mined.

NR 815.04 Note Note: A well used for solution mining of conventional mines, such as stopes leaching, is classified as a class V injection well.

NR 815.04(3)(c) (c) A well used for solution mining of salts or potash.

NR 815.04(4) (4) Class iv injection well. A class IV well is any of the following:

NR 815.04(4)(a) (a) A well used for underground injection of a hazardous waste or radioactive waste or a fluid containing a hazardous waste or radioactive waste into a formation that contains an underground source of drinking water.

NR 815.04(4)(b) (b) A well used for underground injection of hazardous waste or radioactive waste or a fluid containing a hazardous waste or radioactive waste above a formation which contains an underground source of drinking water.

NR 815.04(5) (5) Class v injection well. Any well used for underground injection that is not classifiable as a class I, II, III or IV injection well.

NR 815.04 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.05 NR 815.05 Underground source of drinking water.

NR 815.05(1) (1) Any aquifer or groundwater, or portion of any aquifer or groundwater, located within the jurisdictional boundaries of the state is an underground source of drinking water.

NR 815.05(2) (2) No regulatory agency may exempt any aquifer or groundwater, or portion of an aquifer or groundwater, located within the jurisdictional boundaries of the state from designation as an underground source of drinking water.

NR 815.05 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

subch. III of ch. NR 815 Subchapter III — Regulated Activities

NR 815.06 NR 815.06 Prohibitions. The following activities are prohibited:

NR 815.06(1) (1) Construction of a class I injection well or use of a well as a class I injection well.

NR 815.06 Note Note: Use of a well to place a hazardous waste underground is prohibited as specified in s. NR 665.0430. Use of a well to place municipal or domestic wastewater underground is prohibited as specified in s. NR 206.07 (2) (d). Use of a well to place a pollutant underground is prohibited as specified in s. NR 214.04 (3).

NR 815.06(2) (2) Construction of a class II injection well or use of a well as a class II injection well.

NR 815.06(3) (3) Construction of a class III injection well or use of a well as a class III injection well.

NR 815.06(4) (4) Construction of a class IV injection well or use of a well as a class IV injection well, unless the well is to be used to reinject treated contaminated groundwater back into the formation from which the groundwater was drawn and is approved by the department as part of a remedial action necessary for the cleanup of soil or groundwater contamination as specified in s. NR 665.0430 (2)

NR 815.06 Note Note: Injection for remediation purposes requires a written approval from the department in order to meet the requirements of ss. NR 140.28 (5) and 812.05. Injection requires a written exemption be granted under s. NR 140.28 (5). Injection of groundwater that meets the definition of hazardous waste or contains a hazardous waste for remediation purposes requires a written approval under s. NR 665.0430 (2).

NR 815.06(5) (5) Construction of a class V injection well or use of a well as a class V injection well without the approval of the department, or other designated regulatory agency as specified in subch. IV, unless the construction or use of the class V injection well is specifically allowed by administrative rule. The following activities are allowed:

NR 815.06(5)(a) (a) Circulation of water or food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.

NR 815.06(5)(b) (b) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault.

NR 815.06(5)(c) (c) Placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.

NR 815.06(5)(d) (d) Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground.

NR 815.06(5)(e) (e) Injection activities conducted in conjunction with placement of backfill into an underground nonferrous metallic mine approved under ch. NR 132 or in connection with placement of backfill into an underground ferrous mine approved under subch. III of ch. 295, Stats.

NR 815.06 Note Note: Use of any unauthorized injection well is prohibited under federal law, as specified in 40 CFR 144.11.

NR 815.06(6) (6) Operation, maintenance, conversion, plugging, closure or any other alteration of an injection well in a manner that results in a violation of the provisions of ch. 160, Stats., or otherwise results in the endangerment of an underground source of drinking water.

NR 815.06 Note Note: Endangerment of an underground source of drinking water is prohibited under federal law, as specified in 40 CFR 144.12.

NR 815.06(7) (7) Construction or use of a large-capacity cesspool.

NR 815.06 Note Note: Use of a large-capacity cesspool is prohibited under federal law, as specified in 40 CFR 144.85. Use of any cesspool is prohibited as specified in ch. SPS 383.

NR 815.06(8) (8) Construction or use of a new injection well to disperse or otherwise discharge a fluid containing a waste from motorized vehicle repair or maintenance activities underground.

NR 815.06 Note Note: Construction or use of an injection well to dispose of fluids containing wastes from motorized vehicle repair or maintenance activities was prohibited as of April 5, 2000, as specified in 40 CFR 144.85. Any subsurface fluid distribution system constructed prior to this date which continues to be used to dispose of wastes from motorized vehicle repair or maintenance activities must comply with the land treatment provisions of s. NR 214.16 or it is prohibited. The discharge of waste fluids from motorized vehicle repair or maintenance activities to any other well is prohibited.

NR 815.06(9) (9) Construction or use of an improved sinkhole to place drainage water, wastewater or any other fluid containing a pollutant or substance underground.

NR 815.06 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 13-057: am. (5) (e) Register July 2015 No. 715, eff. 8-1-15.

NR 815.07 NR 815.07 Approval of injection wells.

NR 815.07(1) (1) A regulatory agency may not approve the construction or use of a class I, II or III injection well.

NR 815.07(2) (2) Subject to the limitation contained in sub. (4), the department may only approve the construction or use of a class IV injection well, if the well is to be used to reinject treated contaminated groundwater back into the formation from which the groundwater was withdrawn and is approved by the department as part of a remedial action necessary for the cleanup of soil or groundwater contamination.

NR 815.07(3) (3) Subject to the limitation contained in sub. (4), a regulatory agency may approve a class V injection well as specified in subch. IV.

NR 815.07(4) (4) A regulatory agency may not approve the construction or use of any injection well that would violate the provisions of ch. 160, Stats., result in the endangerment of an underground source of drinking water or otherwise fail to comply with the other applicable requirements of this chapter.

NR 815.07 Note Note: Section 160.19 (4), Stats., prohibits a state regulatory agency from promulgating a rule defining design and management practice criteria that permits a preventive action limit to be attained or exceeded in groundwater except as allowed under s. 160.19 (2), Stats. A state regulatory agency may not promulgate a rule defining design and management practice criteria that permits an enforcement standard to be attained or exceeded at the point of standards application.

NR 815.07 Note Note: Endangerment, as it applies to Class V injection wells that are not prohibited under subchapter III, is any exceedance of an enforcement standard established under ch. 160, Stats., when measured at a point of standards application as defined in s. 160.01 (5), Stats.

NR 815.07(5) (5) Failure to comply with any condition of an injection well approval voids the approval.

NR 815.07 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.08 NR 815.08 Reporting of injection wells.

NR 815.08(1) (1) Except as specified in sub. (2), by no later than 30 days after becoming the owner or operator, the owner or operator of an injection well shall provide the following inventory information to the department:

NR 815.08(1)(a) (a) Injection well facility name and location.

NR 815.08(1)(b) (b) Name and address of the injection well owner or operator.

NR 815.08(1)(c) (c) Type of ownership such as, but not limited to, private, federal, state, local government or tribal.

NR 815.08(1)(d) (d) Well class and type of injection well.

NR 815.08 Note Note: Federal regulations designate subsets, or “types”, of injection wells within the 5 injection well classes. “Type,” as it is used in this section, refers to those subsets identified in the federal Underground Injection Control program regulations.

NR 815.08(1)(e) (e) Number and operating status of injection wells on a property or in a project.

NR 815.08(2) (2) The following activities are exempt from the reporting requirements of this section:

NR 815.08(2)(a) (a) Use of department approved products for drilling, rehabilitation or abandonment of any water supply well, groundwater monitoring well, or any other department approved borehole or drillhole.

NR 815.08(2)(b) (b) Use of bentonite grout, cement grout, cement, concrete or other similar department approved materials containing additives, for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement.

NR 815.08(2)(c) (c) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, cathodic protection device, sump, equipment vault, sanitary sewer, storm sewer or mine shaft.

NR 815.08(2)(d) (d) Horticultural or agricultural practices, other than those activities that involve the use of an injection well for the disposal of drainage water or other fluids containing a pollutant underground.

NR 815.08(3) (3) Information required under sub. (1) shall be reported in a format acceptable to the department. The owner or operator of an existing injection well shall submit the required information to the department’s bureau of drinking water and groundwater within one year of November 1, 2004. The owner or operator of a new injection well shall submit the required information to the department’s bureau of drinking water and groundwater prior to operation of the injection well.

NR 815.08 Note Note: Form 3300-253, Inventory of Injection Wells, is available for use in submitting the information required in this section. Copies of Form 3300-253 may be obtained by contacting the Wisconsin Department of Natural Resources, Bureau of Drinking Water and Groundwater, Post Office Box 7921, Madison, Wisconsin, 53707-7921.

NR 815.08(4) (4) The department may also require the owner or operator of an injection well to submit additional information including, but not limited to:

NR 815.08(4)(a) (a) Location of a well or project by township, range, section and quarter-section.

NR 815.08(4)(b) (b) Location of a well by coordinates of latitude and longitude to the standard of accuracy established by the department for geographic information system records.

NR 815.08(4)(c) (c) Date of construction of a well or project.

NR 815.08(4)(d) (d) Total depth of a well.

NR 815.08(4)(e) (e) Identification of the geologic formation into which a well is injecting.

NR 815.08(4)(f) (f) A narrative that describes the construction features of the well.

NR 815.08(4)(g) (g) A schematic drawing that describes the construction features of the well.

NR 815.08(4)(h) (h) A map or plan drawing that shows the location of a well in relation to other structures or adjacent property boundaries.

NR 815.08(4)(i) (i) A description of the nature or quality of the fluid being injected.

NR 815.08(4)(j) (j) The average and maximum injection pressure at the wellhead.

NR 815.08(4)(k) (k) The average and maximum rate of injection.

NR 815.08(4)(L) (L) The date of the last well inspection or any maintenance activities.

NR 815.08(5) (5) If the owner or operator of an injection well fails to submit any of the information that is required or requested under subs. (1) and (4) and the well has not been approved by the department or other regulatory agency as specified in subch. IV, the department may order the owner or operator of the unauthorized well to cease injection until the time that the required or requested information is received by the department and an approval for the well is obtained from the regulatory agency having jurisdiction.

NR 815.08 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.09 NR 815.09 Operation of injection wells. No injection well may be operated in a manner that fails to comply with ch. 160, Stats., or results in endangerment of an underground source of drinking water.

NR 815.09 Note Note: Section 160.19 (4), Stats., specifies that if a state regulatory agency promulgates a rule that is designed to maintain compliance with a preventive action limit and if a preventive action limit is attained or exceeded at a point of standards application, the agency shall review its rule and, if necessary, revise the rule to maintain compliance with the preventive action limit. If an enforcement standard is attained or exceeded at a point of standards application, the agency shall review its rule and, if necessary, revise the rule to ensure that the enforcement standard is not attained or exceeded at a point of standards application or other locations in the future.

NR 815.09 Note Note: Endangerment, as it applies to Class V injection wells that are not prohibited under subchapter III, is any exceedance of an enforcement standard established under ch. 160, Stats., when measured at a point of standards application as defined in s. 160.01 (5), Stats.

NR 815.09 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.10 NR 815.10 Closure of injection wells.

NR 815.10(1) (1) All large-capacity cesspools shall be closed by no later than April 5, 2005 in a manner that is approved by the regulatory agency having jurisdiction.

NR 815.10(2) (2) All existing wells that have been used for the disposal of a fluid containing a waste from motorized vehicle repair or maintenance activities shall be converted or closed by no later than January 1, 2005 in a manner that is approved by the department.