13. Place where comments are to be submitted and deadline for submission:
A public comment period was held November 7 to December 14, 2022, with a public hearing on December 7, 2022.
The consent of the Attorney General will be requested for the incorporation by reference of:
— American Water Works Association, AWWA Standard: Water Wells, A100-20, July 1, 2020.
— NSF International Standard / American National Standard, Drinking Water System Components – Health Effects, NSF/ANSI 61 – 2022, March 15, 2022.
— U.S. EPA, Membrane Filtration Guidance Manual, EPA 815-R-06-009, Nov. 2005.
— NSF International Standard / American National Standard, Ultraviolet Microbiological Water Treatment Systems, NSF/ANSI 55 – 2021, August 13, 2021.
— U.S. EPA, Ultraviolet Disinfection Guidance Manual, EPA 815-D-03-007, June 2003.
RULE TEXT
Section 1 NR 811.01 is amended to read:
NR 811.01 This chapter governs the general operation, design and construction of community water systems and the construction of any water system serving 7 or more single family homes, 10 or more duplex living units, 10 or more mobile homes, 10 or more condominium units or 10 or more apartment units. One duplex equals 2 living units. The standards for design and construction shall be considered minimum standards for new facilities and the minimum standards to which facilities in existence on December 1, 2010, existing facilities shall be upgraded when improvements are undertaken at those facilities except for systems where all of the living units are owned by a single owner and the owner provides information indicating that less than 25 year−round residents will be served. These standards may be imposed on a case−by−case basis to facilities in existence on December 1, 2010,existing facilities when the department determines that a health risk exists due to the water system. The owner shall be responsible for ensuring that the requirements of this chapter are met.
Section 2 NR 811.02 (1) is renumbered NR 811.02 (1r)
Section 3 NR 811.02 (1g), (19m), (29m), (37d), (37h), (37p), (37t), (38m), (46m), (63m) and (64m) are created to read:
NR 811.02 (1g) “Air gap” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood level rim or spill level of the receptacle.
(19m) “Dimension ratio” means the specified outside diameter of the pipe divided by the specified minimum wall thickness.
(29m) “Frazil ice” means ice formed in supercooled water as small particles moving turbulently enough to prevent the formation of a sheet of ice.
(37d) “Intake structure” means a structure located at the end of a surface water intake intended to collect and divert raw water from a surface water source into a raw water transmission pipe or channel for the purpose of a surface water supply. An intake structure may include provisions for exclusion of debris from the intake pipe.
(37h) “Interconnection” means the connection between 2 public water systems that allows for the transfer of water between each system.
(37p) “Jar test” means a laboratory procedure that simulates a water treatment plant's coagulation or flocculation units with different chemical doses and energy of rapid mix, energy of slow mix, and settling time.
(37t) “Landfill” means a solid waste facility for solid waste disposal.
(38m) “Maximum contaminant level” means the maximum permissible level of a contaminant in water that is delivered to any user of a public water system.
(46m) “Packer” means a solid or inflatable seal lowered into a well or drillhole or attached to a casing string to seal off a specific interval within the well or drillhole.
(63m) “Shore well” means a storage structure hydraulically connected to a surface water source designed for the diversion and collection of raw water.
(64m) “Supernatant” means the liquid removed from settled sludge.
Section 4 NR 811.08 (3) (intro.) is amended to read:
NR 811.08 (3) Projects requiring department approval but not requiring submittal by a professional engineer. The requirements for the submittal of plans and specifications for reviewable projects are in ch. NR 108. The water supply owner or the owner’s representative may submit reviewable projects to the department for approval without the seal of a professional engineer registered in Wisconsin for most operation and maintenance work and for all non-subdivision, other-than-municipal water systems as provided in under s. NR 108.04 (2) (c) 2. Plans shall be submitted by a registered well driller or pump installer wherewhen applicable. Examples The following are examples of projects not requiring a professional engineer’s seal are pump replacement: (a) Pump replacement with similar equipment not affecting pumping capacity; test.
(b) Test well construction when to be pumped at a rate of 70 gallons per minute or more for a minimum duration of 72 hours, unless the well is to be converted to a municipal or subdivision well; well.
(c) Well reconstruction work; pump.
(d) Pump base reconstruction work; pumphouse.
(e) Pumphouse pump discharge piping and appurtenance replacement; well.
(g) Changing chemical type or blend when the chemical feed equipment has been previously approved by the department;and painting.
(h) Painting or coating elevated water storage tank, reservoir, and hydro-pneumatic tank interiors.
Section 5 NR 811.09 (1) (h) 2. (intro.) is amended to read:
NR 811.09 (1) (h) 2. ‘Detailed plans.’ The plans shall show the all of the following:
a. The location of the proposed water main within the street right-of-way or easement;the.
b. The location of other utilities, such as sanitary or storm sewers; elevations.
c. Elevations at intersections and hydrants or a profile of the proposed water main; location, proposed or existing sanitary sewers, and storm sewers.
e. The location of proposed appurtenances; details.
f. Details or special features and connection to the existing system. Profiles showing
g. Profile views including the ground surface, the proposed water main, the proposed sanitary or storm sewer, and rock depthsare necessary when approval of a common trench is requested in high bedrock areas when approval of a common trench is being requested in areas of high bedrock.
h. The size of proposed and existing water mains shall also be shown.
Section 6 NR 811.12 (1) (c), and (d) 1. are amended to read:
NR 811.12 (1) (c) Grout seal. Permanent wells shall have a grout seal surrounding the protective casing and liner casings. The grout seal shall be a minimum of 1.5 inches in thickness to the depths specified in ss. NR 811.14, 811.18, 811.19, and 811.20. (d) 1. All outer casings used in the construction of permanent wells shall be removed during or after the grouting process unless the exterior of the outer casing is grouted in place to the native formation with neat cement having a minimum thickness of 1.5 inches.
Section 7 NR 811.12 (1) (g) (intro.) and 5. and (k) are created to read:
NR 811.12 (1) (g) Test wells. Test wells may be drilled to determine aquifer water quantity and quality prior to constructing a final well. Test wells are subject to all of the following requirements:
5. Test wells may be converted to permanent wells only if all test well casings and screens are removed prior to reconstructing the well to be converted to the permanent well.
Note: The department recommends that test wells be sampled for regulated drinking water contaminants to ensure the permanent well produces water that meets the drinking water quality standards specified under ch. NR 809. (k) The water system owner shall provide notice of the well construction or reconstruction to the department’s regional drinking water representative at least 48 hours prior to the date and time of initiating work.
Section 8 NR 811.12 (5) (intro.), (a) and (d) 9. are amended to read:
NR 811.12 (5) Well sites. The suitability of a site for a well is dependent on geologic, hydrogeologic, and topographic conditions and possible sources of contamination. However, a well site shall meet all of the following general requirements shall be met :
(a) Well site dimensions. For wells to serve municipal and subdivision other-than-municipal water systems, The water system owner shall reserve a lot or parcel of land shall be reserved for the construction of the well whichthat has minimum dimensions of 100 feet by 100 feet. The well shall be located at or near the center of the lot or parcel. For non-subdivision other-than-municipal water system wells, the well and shall be located a minimum of 50 feet from any property boundary. These dimensions may be modified by the department on a case-by-case basis where they are unnecessary or inadequate to protect water quality. Larger well sites should be considered where necessary to provide adequate wellhead protection. The department may require a larger well site where necessary to provide adequate wellhead protection. A deeper depth of grouted protective well casing may be required by the department when necessary to compensate for a smaller well site parcel or as a condition of approving a variance to a separation distance to a potential contamination source listed inunder par. (d).
(d) 9. Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds ch. NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110 for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities. Section 9 NR 811.12 (5) (d) 10. is created to read:
NR 811.12 (5) (d) 10. The separation distance requirements under s. NR 812.08 (4) apply for all contamination sources listed under s. NR 812.08 (4) that are not listed in subds. 1. to 9. Section 10 NR 811.12 (7) (b), (c) and (h) are amended to read:
NR 811.12 (7) (b) Each length of casing shall be legibly marked in accordance with the ASTM or API marking specification and with s. NR 812.17 (2) 812.11 (6) (d). The protective casing shall have the minimum weights and thicknesses given in Table 1. (c) Liner pipe installed to seal off a caving zone shall be new, unused, and non-reclaimed steel pipe and shall have the minimum weights and thicknesses given in Table No. 1. The department may, on a case-by-case basis, approve the installation of ungrouted stainless steel repair sleeves, but only if the well is bacteriologically safe and water quality of the well meets all of the primary drinking water quality standards specified under ch. NR 809. (h) For wells in which the protective casing or liner pipe to be grouted is suspended, the upper terminus of the protective casing or liner pipe shall be securely attached by welding steel bands to the outer casing or by other approved methods, and the grout shall be supported on a steel ring welded to the bottom of the protective casing or liner pipe or on an approved packer attached to the bottom of the protective casing or liner pipe. Protective casings shall rest on native formation during grouting for new well construction. Hung liner casings may be used for reconstruction of existing wells. Hung liner casing shall be securely attached by welding steel bands to the outer casing or by other approved methods, and the grout shall be supported on a steel ring welded to the bottom of the liner pipe or on an approved packer attached to the bottom of the liner pipe. The bottom of the protective casing or liner pipe may be flared out to meet this requirement.
Section 11 NR 811.12 (9) is repealed and recreated to read:
NR 811.12 (9) Packers. A packer may be utilized for test pumping, isolating portions of a well for water quality sampling, and for grouting liner casings. Permanent well reconstruction may not be completed with an inflatable packer. The packer shall be of a material that will not impart taste, odors, toxic substances, or bacterial contamination to the water in the well. Lead packers may not be used.
Section 12 NR 811.12 (10) (c) is amended to read:
NR 811.12 (10) (c) Be designed to have an entrance velocity that does not exceed 0.1 feet per second under normal operating conditions or as detailed in AWWA Standard A100-20 dated July 1, 2020, which is incorporated by reference.
Section 13 NR 811.12 (10) (c) (Note) is created to read:
NR 811.12 (10) (c) Note: AWWA Standard A100-20 is the American Water Works Association specification for Water Wells published on July 1, 2020. A copy of the AWWA standard is available for inspection at the legislative reference bureau and may be obtained from the American Water Works Association, awwa.org.
Section 14 NR 811.12 (11) (intro.), (12) (intro.) and (f) are amended to read:
NR 811.12 (11) Blasting. Approval shall be obtained from the department prior to blasting within a well. Information regarding the procedure, number, size, and location of charges shall be submitted to the department in writing. Blasting under this subsection is subject to all of the following requirements:
(12) Chemical conditioning. Approval shall be obtained from the department prior to chemical conditioning of a well. Information regarding the method proposed, equipment, chemicals, testing for residual chemicals, disposal of waste, and inhibitors to be used shall be submitted to the department in writing. Chemical conditioning under this subsection is subject to all of the following requirements:
(12) (f) Following the completion of the chemical conditioning procedure, the well shall be thoroughly disinfected, with chlorine only. Acids for pH control may only be used when the acid does not include additives or the only additives used are intended to mitigate corrosion of metal surfaces. Following disinfection, the well shall be pumped to waste and safe bacteriological water samples shall be collected according to the requirements ofunder s. NR 810.09 (4). Section 15 NR 811.12 (12) (h) and (i) are created to read:
NR 811.12 (12) (h) All material released from the casings, screen, and borehole as part of the rehabilitation shall be removed from the well.
(i) The department may require additional water quality sampling following a well rehabilitation based on well raw water quality and the rehabilitation methods used to verify water quality and to protect water consumers.
Section 16 NR 811.12 (13) (intro.) is amended to read:
NR 811.12 (13) Other methods of well reconditioning. Approval shall be obtained from the department prior to performing any other type of reconditioning procedure, including hydrofracturing and impulse generation techniques. The requester shall submit written information regarding the procedure, the equipment, materials, chemicals, pressures to be used, and the disposal of waste to the department for approval. Reconditioning procedures under this subsection are subject to all of the following requirements:
Section 17 NR 811.12 (13) (a) 8., (b) 7. and (14) (intro.) are created to read:
NR 811.12 (13) (a) 8. All material released from the casings, screen, and borehole as part of the rehabilitation shall be removed from the well.
(b) 7. All material released from the casings, screen, and borehole as part of the rehabilitation shall be removed from the well.
