The rule eliminates the current NR 812.37 requirement for written DNR approval prior to installing bacteria treatment on a private well and replaces it with a requirement for a well compliance inspection. This reduces regulatory burden for well owners and ensures that improper well construction is not contaminating groundwater or drinking water. Illinois and Iowa do not regulate installation of treatment on nonpublic water supply wells. Michigan does not regulate treatment systems at the state level; some local health departments require prior approval for treatment installation. Minnesota regulates installation of treatment through the plumbing code, and does not require any approval through the well code.
b. Sampling
The rule creates a new section to consolidate existing code requirements for water sampling. The new section specifies sample faucet locations, provides an exception for certain repeat nitrate and arsenic sampling, and establishes laboratory requirements including a requirement that laboratories reject samples for bacteria analysis if the sample has detectable chlorine. Illinois does not require private well sampling. Minnesota specifies sample faucet requirements for noncommunity wells but not for private wells, and requires laboratories to reject samples for bacteria analysis with detectable chlorine. Michigan does not regulate private well sampling at the state level; local health departments require different sampling based on local water quality concerns.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Many of the rule revisions simplify, clarify and streamline rule language. Data and methodologies used to support substantive changes include:
- An external advisory group of well drillers was convened to provide input and review draft language for changes to construction standards in NR 812 Subchapter II.
- Well construction report data in DNR records, a random sample of well construction cost proposals in DNR well compensation claim records, and interviews of two other drilling companies were used to collect data and evaluate the impacts of changes to grouting and casing depth requirements.
- Well water test results in DNR records, interviews of four randomly-selected pump installing companies, and interviews of four randomly-selected analytical laboratories distributed around the state were used to collect data and evaluate the impacts of reduced frequency of nitrate and arsenic sampling.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The department analyzed cost information in DNR well compensation claim records and from interviews with randomly-selected drilling companies, pump installing companies and analytical laboratories to complete a Fiscal Estimate and Economic Impacts Analysis for the rule.
A notice soliciting comments regarding potential economic impacts of the rule was sent to all Wisconsin licensed drillers and pump installers, to the Wisconsin Water Well Association and the Wisconsin Geothermal Association for a 30-day period prior to conducting public hearings on the proposed rule language.
10. Effect on Small Business (initial regulatory flexibility analysis):
The majority of businesses impacted by the rule are small businesses. There are approximately 260 drillers and 1240 pump installers doing business in the state. The total economic impact of the proposed rule revision is estimated to be $698,926 per year.
11. Agency Contact Person:
Liesa Lehmann, Bureau of Drinking and Groundwater – DG/5
Department of Natural Resources
101 S. Webster Street
Madison, WI 53707
(608) 267-7649
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail or email to:
NR 812 Comments
c/o Liesa Lehmann – DG/5
Bureau of Drinking and Groundwater
Department of Natural Resources
101 S. Webster Street
Madison, WI 53707
- Madison - UW Extension The Pyle Center, Room DE 235, 702 Langdon Street
- Eau Claire - UW Eau Claire Centennial Hall, 1698 Park Avenue
- Green Bay - UW Green Bay Instructional Services Building, Room IS 1034, 2420 Nicolet Drive
- Wausau - Northcentral Technical College, Center for Business & Industry, Room CBI 127, 1000 W. Campus Drive
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Section 1. NR 110.15 (6) (d) is amended to read:
NR 110.15 (6) (d) On-site wells. Construction of wells for supplying water to a sewage treatment facility shall comply with the requirements of the approval obtained under s. NR 812.26 (3)812.09 (4) (b). Section 2. NR 146.02 (4r) is repealed and recreated to read:
NR 146.02 (4r) “Property transfer well inspector" has the meaning specified in s. NR 812.07 (79t). Note: Section NR 812.07 (79t) defines "property transfer well inspector" as an individual authorized under s. NR 812.44 (1) to conduct a property transfer well inspection. Section 3. NR 146.08 (9) is amended to read:
NR 146.08 (9) Before extending any well casing pipe out of a pit, or deepening a well constructed by another individual, the water well driller or the pump installer shall measure the well casing pipe depth to verify that the casing depth complies with the code in effect at the time the well casing was installed. 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 ss. NR 812.22 (10) or 812.41 (4)s. NR 812.27 (12). Section 4. NR 146.12 (1r) is repealed and recreated to read:
NR 146.12 (1r) Citations may be issued for violations relating to any of the activities listed in s. NR 812.45 (1). Section 5. NR 507.14 (4) (a) is amended to read:
NR 507.14 (4) (a) If the well is a public or private water supply well, any forms required under ss. NR 812.22812.10 and 812.26, such as well abandonment report form 3300-5. Section 6. NR 738.03 (9) (Note) is amended to read:
NR 738.03 (9) Note: Section NR 812.07 (119), defines well to meanhave the meaning specified in s. 281.34 (1) (h), Stats., which defines “well” as “any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater." Section 7. NR 812.07 (1d) is repealed.
Section 8. NR 812.07 (1r) is created to read:
NR 812.07 (1r) “Alcove” means a pit that shares a wall with a basement and is accessible from the basement.
Note: In prior versions of ch. NR 812, an alcove was also sometimes referred to as a “subsurface pumproom.” Section 9. NR 812.07 (10) and (Note) are amended to read:
NR 812.07 (10) "ASTM" or "ASTM International" means the international technical standards organization formerlyoriginally known as the American Society for Testing and Materials.
Note: The ASTM or ASTM International headquarters address is 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19148-2959.
Section 10. NR 812.07 (10m), (13), (19), and (21) are repealed.
Section 11. NR 812.07 (22) is amended to read:
NR 812.07 (22) "Clay slurry" means a fluid mixture of water, clean native clay, and drill cuttings or sand having a mud weight of at least 11 pounds per gallon.
Section 12. NR 812.07 (23), (24) and (27t) are repealed and recreated to read:
NR 812.07 (23) "Clear water" has the meaning specified in s. SPS 381.05 (56). Note: Section SPS 381.01 (56) defines “clear water” as wastewater other than storm water, having no impurities or where impurities are below a minimum concentration considered harmful by the department, including but not limited to noncontact cooling water and condensate drainage from refrigeration compressors and air conditioning equipment, drainage of water used for equipment chilling purposes and cooled condensate from steam heating systems or other equipment. (24) "Community water system" has the meaning specified in s. NR 810.02 (6). Note: Section NR 810.02 (6) defines “community water system” as a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, 10 or more duplex units, or 10 or more condominium units shall be considered a community water system unless information is provided by the owners indicating that 25 year-round residents will not be served. (27t) "Cross connection" has the meaning specified in s. NR 810.02 (9).
