Chapter NR 845

Chapter NR 845

COUNTY ADMINISTRATION OF CH. NR 812, PRIVATE WELL CODE

NR 845.01   Purpose.

NR 845.02   Applicability.

NR 845.03   Other municipalities.

NR 845.04   Definitions.

NR 845.05   Delegation levels.

NR 845.06   County administration.

NR 845.07   Laboratory support.

NR 845.08   County personnel.

NR 845.09   Well location and pump installation permits.

NR 845.10   County enforcement procedures.

NR 845.11   County applications for authorization.

NR 845.12   Performance standards.

NR 845.13   Probation.

NR 845.14   Revocation.

NR 845.15   Commendation.

NR 845.16   Department responsibilities.

NR 845.01 NR 845.01 Purpose. The purpose of this chapter is to establish standards for county adoption and enforcement of an ordinance for private well location, well construction, well abandonment or pump installation and for department review of county delegation programs. The goal of the county delegation program is to protect Wisconsin’s drinking water and groundwater resources by governing access to groundwater through regulating private well location, construction and abandonment and pump installation and well and drillhole abandonment.

NR 845.01 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.01, Register, August, 1995, No. 476, eff. 9-1-95.

NR 845.02 NR 845.02 Applicability. The provisions of this chapter apply to all counties with a department-approved well construction or pump installation ordinance regulating new and existing private water systems, including private wells constructed in special well casing areas, in accordance with ch. NR 812. Drilled, driven point, dug, bored and jetted wells are all regulated under the provisions of this chapter. The provisions of this chapter do not apply to springs, school water systems, or wastewater treatment plant water systems, high capacity water systems, community water systems and wells, water systems or installations which require written plan approval from the department.

NR 845.02 Note Note: See chs. NR 811 and 812 for wells, water systems and installations that require written plan approval from the department.

NR 845.02 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.02 and am., Register, August, 1995, No. 476, eff. 9-1-95.

NR 845.03 NR 845.03 Other municipalities. No entity, other than a county authorized under this chapter or a municipality with well abandonment and cross-connection ordinances approved by the department under ch. NR 811, may adopt or enforce an ordinance regulating matters covered by ch. 280, Stats., or by department rules adopted under ch. 280, Stats.

NR 845.03 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.03 and am., Register, August, 1995, No. 476, eff. 9-1-95; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.04 NR 845.04 Definitions. In this chapter:

NR 845.04(1) (1) “Administrator” means the county employee designated by the county board of supervisors to issue permits for either private well location or pump installation or both and to administer ch. NR 812 in the county as authorized by the department.

NR 845.04(2) (2) “Aesthetic parameters” means constituents of drinking water that are not cause for health concern, including but not limited to those in the secondary drinking water standards listed in s. NR 809.60.

NR 845.04(3) (3) “Approval” means the written plan approval of the department.

NR 845.04(4) (4) “Central office” means the bureau of water supply, located in Madison, Wisconsin, which functions as the coordinating authority for the statewide water supply program.

NR 845.04(5) (5) “Community water system” has the meaning designated in s. NR 811.03 (2).

NR 845.04(6) (6) “Contaminant” means any physical, chemical, biological or radiological substance or matter in water.

NR 845.04(7) (7) “County office staff” means county office personnel trained to answer general well location and pump installation questions and to accept permit applications.

NR 845.04(8) (8) “Delegation level” means the program level, as set forth in s. NR 845.05, at which a county is authorized to administer and enforce ch. NR 812.

NR 845.04(9) (9) “Department” means the department of natural resources.

NR 845.04(10) (10) “Department district offices” means offices located in:

NR 845.04(10)(a) (a) Northwest District, Box 309, Spooner, WI 54801.

NR 845.04(10)(b) (b) North Central District, Box 818, Rhinelander, WI 54501.

NR 845.04(10)(c) (c) Western District, 1300 W. Clairemont Ave., Box 4001, Eau Claire, WI 54702.

NR 845.04(10)(d) (d) Lake Michigan District, 1125 N. Military Ave., Box 10448, Green Bay, WI 54307.

NR 845.04(10)(e) (e) Southeast District, 2300 N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee, WI 53212.

NR 845.04(10)(f) (f) Southern District, 3911 Fish Hatchery Rd., Fitchburg, WI 53711.

NR 845.04(11) (11) “Drillhole” means an excavation, opening or driven point well deeper than it is wide that extends more than 10 feet below the ground surface.

NR 845.04(11)(a) (a) “Heat exchange drillhole” means a drillhole used for closed loop heat exchange purposes.

NR 845.04(11)(b) (b) “Lower drillhole” means that part of a drillhole below the vertical zone of contamination or below the well casing pipe.

NR 845.04(11)(c) (c) “Upper enlarged drillhole” means a drillhole, larger in diameter than the well casing pipe.

NR 845.04(12) (12) “Emergency installation” means an installation made as a result of an unforeseen problem with an existing private water system, such as a well not producing water, that could be a hazard to the health of humans or livestock served by a potable well.

NR 845.04(14) (14) “Health hazard” means a condition which constitutes:

NR 845.04(14)(a) (a) A violation of ch. NR 812 regarding the installation, construction, operation or maintenance of a private well; or

NR 845.04(14)(b) (b) Confirmed bacteriologically-unsafe well water quality.

NR 845.04(15) (15) “Noncommunity water system” means a public water supply system that serves year-round residents.

NR 845.04 Note Note: Examples of a non-community water system include those serving schools, motels, restaurants, churches, campgrounds and parks.

NR 845.04(16) (16) “Noncomplying well or pump installation” means a private water system not in compliance with all provisions of ch. NR 812 in effect at the time the well was constructed or the pump was installed.

NR 845.04(17) (17) “Performance standards” means standards established by the department specifying the success level a county is required to achieve and maintain in order to retain authorization for a delegation level.

NR 845.04(18) (18) “Person” means an individual, corporation, company, association, cooperative, trust, institution, partnership, state, public utility, sanitary district, municipality or federal, state or interstate agency.

NR 845.04(19) (19) “Personal interest” means having a financial interest in a property or being related by marriage or birth to a person having a financial interest in a property.

NR 845.04(20) (20) “Primary drinking water standards” means those maximum contaminant levels which represent minimum public health standards set forth in ch. NR 809.