Create a new section NR 812.091 to consolidate existing requirements for products and equipment used in well and drillhole construction, pump installation and well treatment. The new section allows products or components that meet certain certifications or standards to be used without prior DNR approval, and establishes a process for products or equipment that require prior DNR approval.
Replace existing NR 812 Subchapter II with a revised NR 812 Subchapter II. The subchapter revises content to:o
Streamline and modernize the construction requirements for new well construction and provide for new methods of well drilling.o
Clarify driller responsibilities for submitting reports, following up on problem wells and ensuring that flowing wells are controlled. o
Add a requirement for electronic submittal of well construction reports after January 1, 2023.o
Add casing options by allowing new methods of joining plastic casing.o
Change the casing depth requirement for wells completed in limestone to require 60 feet of casing when the depth to limestone is less than 20 feet.o
Change the grouting requirements to reduce the number of wells that have drilling mud and cuttings as an annular space seal.o
Provide for additional grouting materials for use in well construction.o
Reduce the need to collect drill cuttings samples from high capacity wells for submittal to the Natural History Survey.o
Add the ability to use bentonite chips to help drillers grout through large fractures.o
Require the filling and sealing of unused seasonal and high capacity irrigation wells after 3 years.o
Clarify license requirements for the filling and sealing of drillholes.o
Clarify and streamline the filling and sealing requirements for wells and drillholes.
Revise multiple sections of NR 812 Subchapter III to:o
Be consistent with changes made to other NR 812 sections.o
Be consistent with other state statutes and codes.o
Update cross-references and figure numbers.o
Correct errors or unclear language.o
Be consistent with consolidation of sampling requirements into new section NR 812.46.o
Streamline and simplify installation of bacteria treatment for a private well by eliminating the approval requirement in s.NR 812.37 and replacing it with a well compliance inspection.
Revise s. NR 812.42 to clarify and simplify language, remove redundancies located in other sections, move out-of-context text and create a new table of historic separation distances to possible contamination sources.
Revise s. NR 812.43 to correct cross-references, remove language regarding high capacity wells that is moved to s. NR 812.09, and add language regarding variance for crystalline bedrock casing depth that is moved from s. NR 812.14(1).
Revise s. NR 812.44 to clarify who can conduct property transfer well inspections and how the inspection form is completed, to be consistent with consolidation of sampling requirements into new section NR 812.46, and to correct errors or unclear language.
Revise s. NR 812.45 to correct cross-references to citable offenses that were moved during the current code revision.
Create a new section NR 812.46 to consolidate existing sampling and reporting requirements into one place. The new section also increases the laboratory reporting requirement from 30 to 31 days, eliminates repeat nitrate and arsenic testing when certain repeat pump installation work is necessary, and eliminates written laboratory agreements by stating laboratory responsibilities in the code.
Delete all existing figures and create a new NR 812 Appendix with updated figures. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
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 ApprovalsWisconsin law requires prior DNR written approval for certain well and heat exchange construction activities listed in s. 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. 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.
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).
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.
The rule increases the minimum casing depth in limestone or dolomite to 60 feet when the depth to the top of bedrock is less than 20 feet. The new requirements would be more restrictive than every adjacent state except for Minnesota. 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, and requires a minimum of 50 feet of unconsolidated material, sandstone or shale that extends in all directions around the well for a minimum of one mile. Michigan requires a minimum of 25 feet of casing in bedrock, and in an area where a well can be developed only in fractured, jointed, or cavernous bedrock, the casing may only terminate in the formation if there is at least 25 feet of soil above the bedrock.
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.
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 MaterialsThe 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.
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.
e.
Treatment for Private WellsThe 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. 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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