Chapter NR 815

NR 815.10 Note Note: With the approval of the United States environmental protection agency, the department may extend the deadline for conversion or closure of a well that has been used to dispose of a fluid containing a waste from motorized vehicle repair or maintenance activities to January 1, 2006.

NR 815.10 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

subch. IV of ch. NR 815 Subchapter IV — Additional Requirements by Well Class

NR 815.11 NR 815.11 Class V well injection. Class V well injection is subject to the following:

NR 815.11(1) (1) Construction or use of a well, other than a subsurface fluid distribution system, for underground injection of any waste, surface water, subsurface water or substance underground is prohibited except as specified in ss. NR 811.05 and 812.05.

NR 815.11 Note Note: Section NR 811.05 prohibits the use of any well, drillhole or water system for the underground placement of any substance unless it is a department approved activity necessary for the construction, rehabilitation or routine operation of a well or water system. This section applies only to wells and water systems governed under ch. NR 811.

NR 815.11 Note Note: Section NR 812.05 applies to wells, drillholes and water systems other than those subject to s. NR 811.05. Section NR 812.05 (2) prohibits the use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance underground unless any of the following apply: (a) the placement is a department-approved activity necessary for any of the following: construction, rehabilitation or operation of a well, drillhole or water system, construction of an approved cathodic protection drillhole, remediation of contaminated soil, groundwater or an aquifer, or the study of groundwater conditions, (b) placement of grouting, sealing or well abandonment materials, and (c) placement of approved materials for purposes such as, but not limited to, soil or excavation site stabilization, foundation construction or strengthening, or groundwater diversion. Section NR 812.05 (5) contains a list of activities that are not prohibited by this section.

NR 815.11(2) (2) Construction or use of a subsurface fluid distribution system that is defined as a private sewage system in s. 145.01 (12), Stats., and used for the dispersal of domestic or municipal wastewater is subject to the provisions of ch. SPS 383. Except as exempted in s. NR 200.03 (3), any person discharging domestic or municipal wastewater to a disposal system defined as a private sewage system is also required to apply for a discharge permit issued by the department as specified in s. NR 200.03 (1).

NR 815.11 Note Note: Private sewage system, as defined in s. 145.01 (12), Stats., means a sewage treatment system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the Department of Safety and Professional Services including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district.

NR 815.11 Note Note: Section NR 200.03 (3) (d) exempts certain smaller capacity domestic wastewater disposal systems from the permit requirement contained in s. NR 200.03 (1). Methods for calculating the design capacity of a domestic wastewater disposal system that is eligible for an exemption from the permit requirement are specified in s. NR 200.03 (4).

NR 815.11(3) (3) Discharge of liquid wastewaters from a publicly owned treatment works or privately owned domestic wastewater treatment works to a subsurface fluid distribution system or other land disposal system is subject to the provisions of ch. NR 206 as specified in s. NR 206.02.

NR 815.11(4) (4) Construction or use of a subsurface fluid distribution system for land treatment of industrial liquid wastes, by-product solids or sludges is subject to the provisions of ch. NR 214.

NR 815.11(5) (5) Construction or use of a well to dispose of storm water runoff directly into groundwater is prohibited. Construction or use of a subsurface fluid distribution system for dispersal of storm water runoff into unsaturated material overlying the uppermost underground source of drinking water shall be done in a manner that complies with the groundwater standards in ch. NR 140, complies with the requirements of ch. SPS 382 and does not result in the endangerment of an underground source of drinking water.

NR 815.11 Note Note: Use of a subsurface fluid distribution system for disposal of storm water runoff may also require a permit as specified in ch. NR 216.

NR 815.11(6) (6) Construction or use of a well to place backfill into an underground nonferrous metallic mine shall be done in accordance with the provisions of ch. NR 132 and shall comply with the requirements of s. NR 132.108 (4) (e).

NR 815.11(7) (7) Construction or use of a well to place backfill into an underground ferrous metallic mine shall be done as approved under subch. III of ch. 295, Stats., and shall comply with the requirements of s. 295.49 (2) (g), Stats.

NR 815.11 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; corrections in (2), (5) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 13-057: am. (6), cr. (7) Register July 2015 No. 715, eff. 8-1-15; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register April 2023 No. 808.

subch. V of ch. NR 815 Subchapter V — Enforcement

NR 815.12 NR 815.12 Visitorial powers of the department.

NR 815.12(1) (1) For the purpose of obtaining or verifying information related to the administration of the requirements of this chapter, any duly authorized officer, employee or representative of the department shall at reasonable times and upon showing appropriate credentials have the right to enter upon or through any premises in which a well governed by this chapter is located or in which records required to be maintained by this chapter are kept in order to conduct an inspection of any equipment or method required by this chapter, examine or copy records pertaining to activities regulated under this chapter or to collect samples of any fluid being placed into a well.

NR 815.12(2) (2) No person may refuse entry or access to any authorized representative of the department who presents department credentials and lawfully requests entry under this section, nor shall any person obstruct, hamper or interfere with any lawful entry or inspection.

NR 815.12 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.13 NR 815.13 Records.

NR 815.13(1) (1) As specified in s. 281.97, Stats., the owner or operator of an injection [well] shall keep records required by the department and provide the department with certified copies and other information as the department may require.

NR 815.13(2) (2) Except as provided under sub. (4), any record, report or other information submitted to or obtained by the department in the administration of this chapter shall be a public record.

NR 815.13(3) (3) The department shall make available and provide facilities for the public to inspect and copy any public record maintained by the department in the administration of the requirements of this chapter.

NR 815.13(4) (4) As specified in s. 283.55 (2), Stats., records or other information, except effluent data, provided to the department may be treated as confidential upon a showing to the department’s secretary that said records or information is entitled to protection as a trade secret as defined in s. 134.90 (1) (c), Stats.

NR 815.13(5) (5) Records, reports and other information for which the department has granted confidential status may be:

NR 815.13(5)(a) (a) Used by the department in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific person or responsible party and the analyses or summaries do not reveal records or other information granted confidential status.

NR 815.13(5)(b) (b) Released by the department to the U.S. environmental protection agency or its authorized representative, if the U.S. environmental protection agency or its authorized representative agrees to protect the confidentiality of the records, reports or other information.

NR 815.13(5)(c) (c) Released for general distribution if the party who provided the information to the department expressly agrees to the release of the information.

NR 815.13(5)(d) (d) Released on a limited basis if the department is directed to take action by a judge or administrative law judge under an order that protects the confidentiality of the record, report or other information.

NR 815.13 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.

NR 815.14 NR 815.14 Penalties. The owner or operator of any injection well that is found in violation of a provision of this chapter is subject to the penalties specified in s. 281.98, Stats.

NR 815.14 Note Note: Any person who violates ch. 281, Stats., or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

NR 815.14 History History: CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04.