Federal law does not directly regulate the construction of wells or heat exchange drillholes, and does not regulate the installation of pumps. For public drinking water systems, Wisconsin is a primacy state, with the primary responsibility to enforce state drinking water regulations consistent with the federal Safe Drinking Water Act. One federal requirement of Wisconsin’s primacy role is that the state assures that the design and construction of new or substantially modified public water system facilities will be capable of compliance with the State primary drinking water regulations. For non-community public drinking water systems, ch. NR 812, Wis. Adm. Code, provides the design and construction standards to meet this federal requirement. 7. Comparison with Similar Rules in Adjacent States (Illinois, Iowa, Michigan and Minnesota):
In general, the four surrounding states have similar but less prescriptive rules governing well and heat exchange construction and pump installation compared to Wisconsin. Simplifying and clarifying requirements as proposed in the rule will make Wisconsin's rules more similar to the approach used in surrounding states. A brief comparison with the four adjacent states is provided below on the most substantive changes proposed in these rule revisions.
a. Construction Approvals
Wisconsin law requires prior DNR written approval for certain well and heat exchange construction activities listed in NR 812.09, and allows most private wells to be constructed with prior notification to DNR only. The rule eliminates prior DNR written approval for some activities, and standardizes DNR procedures so that all approvals have a two-year expiration date and can be modified on written request. Illinois and Iowa require a state or local permit prior to construction of any well, and permits expire after one year. Minnesota requires notification for some well construction and a permit for other activities; notifications and permits are valid for 18 months. Michigan requires a local permit prior to construction of a well except for irrigation wells.
b. Product Approvals
The rule creates a new section to consolidate existing code requirements for approval of products and components. The section allows products and components that are certified for compliance with specified national technical standards to be used in Wisconsin without prior DNR written approval, and establishes criteria and procedures for DNR review and approval of other products and components. Illinois allows products that are certified to meet third-party testing agency standards. Michigan and Minnesota allow use of water well system components that are certified to meet specified national technical standards, and have criteria for review and approval of other products and components.
c. Location
The rule eliminates text descriptions of separation distances and uses only a table to identify required separation distances between water supplies and potential contamination sources. This is consistent with adjacent states that all use only a table. The rule also reduces the number of required separation distances in Wisconsin from 137 to 75, by eliminating redundant listings, simplifying distinctions in sewer types and removing some requirements. All adjacent states have separation distance requirements, ranging between 17 and 67 possible contamination sources (Illinois-18, Iowa-17, Michigan-25, Minnesota-67).
d. Well Construction
Mud and Cuttings
The rule limits the ability for the use of drilling mud and cuttings as a grouting material to upper enlarged drillholes that extend to a depth of 20 feet or less. The adjacent states prohibit the use of drilling mud and cuttings as an annular space seal, except that Minnesota allows the addition of drill cuttings to a bentonite grout mix, up to 15% by weight of the mixture.
Casing Depth
The rule increases the casing depth requirements for wells completed in limestone. The new requirements would be more restrictive than every adjacent state except for Minnesota. The rule increases the minimum casing depth in limestone or dolomite to 60 feet, regardless of the depth to the top of bedrock. This change is more protective of groundwater in vulnerable karst geology that is known to occur within Wisconsin. Illinois requires a minimum of 30 or 40 feet of casing in any type of bedrock formation, depending on the depth to the top of bedrock. Iowa requires a minimum of 40 feet of casing in any bedrock formation. Minnesota has no minimum casing depth requirement, but does not allow a well to be developed in certain limestone formations. Michigan requires a minimum of 25 feet of casing in bedrock.
Casing Joining Methods
The rule adds non-metallic restrained joints to the list of methods for joining thermoplastic casing. Iowa also allows non-metallic restrained joints by code. The other states allow them by approval or variance only.
Grouting Materials
The rule allows for additional grouting materials for new wells, including bentonite chips for fractures in bedrock and sand-cement and bentonite-sand mixtures. Adjacent states limit grouting material to neat cement, 20% solids bentonite, or bentonite chips, except for Minnesota, which allows sand-cement and bentonite-sand grouts as well.
Filling and Sealing Materials
The rule adds bentonite pellets as an allowed filling and sealing material for large and small diameter wells. All adjacent states allow the use of bentonite pellets.
Drilling methods
The rule creates performance-based standards for the construction of new drilled water supply wells. References to drilling methods have been eliminated to allow for the construction of wells using new drilling equipment and methods. This approach is similar to adjacent states.
a. Treatment for Private Wells
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:
