Chapter 280

CHAPTER 280

WELL DRILLING, HEAT EXCHANGE DRILLING, AND PUMP INSTALLING

280.01   Definitions.

280.11   Pure drinking water; powers of department.

280.13   Additional powers of department.

280.15   Drilling and pump installing; registration; licensing; qualifications; fee.

280.16   Prohibition on use of certain devices in wells.

280.17   Exceptions.

280.19   Registration exceptions.

280.21   Local authority.

280.25   Report on aquifer recovery system.

280.30   Well and heat exchange drillhole abandonment; property transfer inspections.

280.97   Penalties.

280.98   Citations.

Ch. 280 Cross-reference Cross-reference: See also chs. NR 809, 811, 812, and 845, Wis. adm. code.

280.01 280.01 Definitions. In this chapter:

280.01(1) (1) “Department” means the department of natural resources.

280.01(2) (2) “Groundwater” means subsurface water supplied for human consumption.

280.01(2b) (2b) “Heat exchange drillhole” means an excavation or opening in the ground that is deeper than it is wide, that extends more than 25 feet below the ground surface, and that is made for the purpose of installing a geothermal closed-loop heat exchange system.

280.01(2c) (2c) “Heat exchange drilling” means the industry and procedure employed in making heat exchange drillholes.

280.01(2d) (2d) “Licensed driller” means any individual who has paid the annual license fee under s. 280.15 (2m) (c) 1. and obtained a license under s. 280.15 (2m) as a driller.

280.01(2e) (2e) “Licensed pump installer” means any individual who has paid the annual license fee under s. 280.15 (2m) (c) 2. and obtained a license under s. 280.15 (2m) as a pump installer.

280.01(5) (5) “Pump installing” means the industry and procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for consumption or use, including all construction involved in making entrance to the well and establishing such seals and safeguards as are necessary to protect such water from contamination.

280.01(6) (6) “Well” means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for human consumption.

280.01(8) (8) “Well drilling” means the industry and procedure employed in obtaining groundwater from a well by digging, boring, drilling, driving or other methods but not including the driving of points. It shall also include all construction work and installation of well casings in said well involved therein for the protection of such well water against pollution.

280.01 History History: 1983 a. 189; 1995 a. 227 s. 938; Stats. 1995 s. 280.01; 2005 a. 360; 2011 a. 150.

280.11 280.11 Pure drinking water; powers of department.

280.11(1) (1) The department shall, after a public hearing, prescribe, publish and enforce minimum reasonable standards and rules and regulations for methods to be pursued in the obtaining of pure drinking water for human consumption and the establishing of all safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption, including minimum reasonable standards for the construction of well pits. It shall have general supervision and control of all methods of obtaining groundwater for human consumption including sanitary conditions surrounding the same, the construction or reconstruction of wells and generally to prescribe, amend, modify or repeal any rule or regulation theretofore prescribed and shall do and perform any act deemed necessary for the safeguarding of public health.

280.11(2) (2) In the conduct of any public hearing on the establishing, amending or repealing of any such standards or rules, any employee designated by the department may act for the department in holding such public hearing.

280.11 History History: 1975 c. 39; 1995 a. 227 s. 937; Stats. 1995 s. 280.11.

280.11 Cross-reference Cross-reference: See also chs. NR 809, 811, 812, and 845, Wis. adm. code.

280.13 280.13 Additional powers of department.

280.13(1) (1) The department may exercise such powers, and may promulgate such rules, as are reasonably necessary to carry out and enforce the provisions of this chapter. It may, among other things:

280.13(1)(a) (a) Employ a competent supervisor to supervise and inspect all well drilling, heat exchange drilling, and pump installing operations and aid in the enforcement of all laws and rules governing the well drilling, heat exchange drilling, and pump installing industries. The department may also employ assistants, prescribe their respective qualifications and salaries and assign their duties.

280.13(1)(b) (b) Conduct investigations and experiments for the advancement of technical knowledge and ascertain and establish the cause of groundwater pollution and for the casing of wells or other means of protection, and may hold public meetings and attend or be represented at such meetings within or without the state.

280.13(1)(c) (c) Enter and inspect at reasonable hours wells and equipment thereof, all water supplies for human consumption on private or public property or may order necessary corrections and repairs of construction or may order discontinuances of any well and the use of its water, if found contaminated, polluted or unfit for human consumption. It may also disseminate information relative to the construction, source and protection of such water supply.

280.13(1)(cm) (cm) Enter and inspect at reasonable hours heat exchange drillholes and equipment relating to the construction of heat exchange drillholes on private or public property and order necessary corrections and repairs relating to that construction or may order discontinuances of any heat exchange drillhole and its use if found contaminated or polluted.

280.13(1)(d) (d) Require any well driller, pump installer or other person responsible for a water supply to secure an analysis of water by the laboratory of hygiene or by any laboratory accredited by the department to establish the purity and fitness of such water for human consumption and for domestic purposes. A report of each such analysis shall be submitted to the department.

280.13(1)(e) (e) Prepare and cause to be printed any codes, bulletins or other documents that the department determines are necessary for the safety of the public health and the betterment of the industries, and furnish copies of those documents to licensed drillers, licensed pump installers and to the public upon request.

280.13(1)(f) (f) Furnish upon request of the owner of any well, or any well driller or pump installer, recommendations for obtaining and maintaining a safe water supply for human consumption.

280.13(2) (2) The department may on its own motion make investigations and conduct hearings and may, on its own motion or upon complaint in writing, duly signed and verified by the complainant, and upon not less than 10 days’ notice to the licensed or registered driller or licensed or registered pump installer, suspend or revoke as provided in subs. (3) and (4) any driller’s or pump installer’s license or registration if the department has reason to believe or finds that the holder of the license or registration has done any of the following:

280.13(2)(a) (a) Made a material misstatement in the application for the license or any application for a renewal of the license.

280.13(2)(b) (b) Demonstrated incompetency to act in the industry or industries for which the license was issued.

280.13(2)(c) (c) Willfully violated a second time any provision of this chapter or any rule, regulation or order prescribed by the department.

280.13(2)(d) (d) Been found guilty in any civil or criminal proceeding of any action constituting fraud in connection with the driller’s or pump installer’s well drilling, heat exchange drilling, or pump installing operations.

280.13(3) (3) The department shall serve a copy of the complaint with notice of the suspension of license, if ordered by the department, on the person complained against, and the person shall file an answer with the department and the complainant within 10 days after service. The department shall set the matter for hearing as promptly as possible and within 30 days after the date on which the complaint was filed. Either party may appear at the hearing in person or by attorney or agent.

280.13(4) (4) The department may not make an order revoking a license under sub. (2) until after a public hearing to be held before the department in the county where the licensee has his or her place of business. If the licensee is a nonresident, the hearing shall be at the place that the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the licensee and to the licensee’s attorney or agent of record by mailing the notice to the last-known address of those persons. The testimony presented and proceedings had at the hearing shall be recorded and preserved as the records of the department. The department shall as soon as possible after the hearing make its findings and determination and send a copy to each interested party.

280.13(5) (5) One year after the date of revocation or thereafter a person whose license was revoked may apply for a new license.

280.13(6) (6) 

280.13(6)(a) (a) No individual whose driller license has been revoked under this section may, during the period in which the revocation is effective, engage in any drilling activity for which the license was issued except under the direct supervision of an individual holding a license to conduct that activity and as an employee of a licensed driller or a registered drilling business.

280.13(6)(b) (b) No individual whose pump installer’s license has been revoked under this section may, during the period in which the revocation is effective, engage in any pump installing activity except under the direct supervision of an individual holding a pump installer’s license and as an employee of a licensed pump installer or registered pump installing business.

280.13 History History: 1975 c. 39; 1977 c. 418; 1993 a. 482; 1995 a. 227 s. 939; Stats. 1995 s. 280.13; 1997 a. 191; 2005 a. 360; 2011 a. 150.

280.13 Cross-reference Cross-reference: See also ch. NR 122, Wis. adm. code.

280.15 280.15 Drilling and pump installing; registration; licensing; qualifications; fee.

280.15(1) (1) Business registration.

280.15(1)(a) (a) Registration requirement. No person may engage in the business of well drilling or heat exchange drilling in this state unless the person obtains registration under this paragraph as a drilling business, and no person may engage in the business of pump installing in this state unless the person obtains registration under this paragraph as a pump installing business, except as follows:

280.15(1)(a)1. 1. An individual who is a licensed driller or a licensed pump installer is not required to obtain registration.

280.15(1)(a)2. 2. An individual who is employed by a licensed driller or a licensed pump installer is not required to obtain registration.