e. Treatment for Private Wells
The rule eliminates the current s. 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. f. 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 non-community 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 (EIA) 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. The EIA was updated in response to public comments on the EIA and changes in 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 $632,122 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:
A public comment period on the rule started December 17, 2018. The department conducted public hearings in Madison, Eau Claire, Green Bay and Wausau on January 15, 2019. The department accepted comments by regular mail, email and at public hearings. The public comment period ended on January 28, 2019. Refer to the attached “Public Comments and DNR Responses” for a summary of the comments received and the department’s response.
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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 812.03 (4) (Note) is repealed and recreated to read:
NR 812.03 (4) Note: Properties that are identified by the department as having residual contamination and continuing obligations can be found by searching the Wisconsin Remediation and Redevelopment Database which is available on the department’s website at dnr.wi.gov, search “WRRD.”
Section 8. NR 812.07 (1d) is repealed.
Section 9. 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 10. 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 11. NR 812.07 (10m), (13), (19), and (21) are repealed.
Section 12. 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 13. 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). Note: Section NR 810.02 (9) defines “cross connection” as a connection or potential connection between any part of a water supply system and another environment containing substances in a manner that, under any circumstances, would allow the substances to enter the water supply system by means of back siphonage or back pressure. Section 14. NR 812.07 (29m) and (30x) are repealed.
Section 15. NR 812.07 (31), (32) and (33) are amended to read:
NR 812.07 (31) "Drawdown" means the extent to which the water level or water pressurehydraulic head in and near a well is lowered when water is pumped or flows from the well.
(32) "Drilled wells" means a wells or drillholes constructed by digging, boring, drilling, jetting, driving or similar methods. “Drilled wells” do not include driven point (sand point) wells unlessincludes a well constructed by driving the point is combined a point in combination with a process to remove material below the 10-foot depth, or by a combination of jetting and driving.
(33) “Drillhole” means an excavation, or opening or driven point well deeper than it is wide that extends more than 10 feet below the ground surface constructed for any purpose other than to obtain groundwater.
Section 16. NR 812.07 (33) (a), (b) and (c) are repealed.
Section 17. NR 812.07 (35) and (Note 1) are amended to read:
NR 812.07 (35) "Driven point well" means a well constructed by joining a drive point with lengths of pipe, and driving the assembly into the ground with percussion equipment or by hand, but without first removing material below the 10-foot depth. "Driven point well" does not include a well constructed by driving a point in combination with a process to remove material below the 10-foot depth or by a combination of jetting and driving.
