Chapter 280

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.

280.15(1)(a)3. 3. An individual who is employed by a person who is registered under this paragraph is not required to obtain registration.

280.15(1)(a)4. 4. An individual to whom sub. (4) or s. 280.19 applies is not required to obtain registration.

280.15(1)(am) (am) Prerequisite. The department may not grant registration under par. (a) to a person to engage in the business of well drilling or heat exchange drilling unless the person is a licensed driller, a licensed driller has an ownership interest in the business, or the person employs or contracts with a licensed driller. The department may not grant registration under par. (a) to a person to engage in the business of pump installing unless the person is a licensed pump installer, a licensed pump installer has an ownership interest in the business, or the person employs or contracts with a licensed pump installer.

280.15(1)(b) (b) Application. A person who seeks to register a drilling business or pump installing business shall apply to the department for registration of each place of business or retail outlet he or she operates as a drilling business or pump installing business, or both, upon forms prepared by the department for this purpose. The application shall be accompanied by a registration fee for each place of business or retail outlet included in the application.

280.15(1)(c) (c) Renewal. In order to retain registration as a drilling business or pump installing business a person shall apply for registration renewal and pay the required registration fees annually on or before January 1.

280.15(1)(d) (d) Registration fee. The fees required for registration application or annual renewal are as follows:

280.15(1)(d)1. 1. Drilling business, $50.

280.15(1)(d)2. 2. Pump installing business, $25.

280.15(1)(d)3. 3. Drilling business and pump installing business, $75.

280.15(1)(e) (e) Late fees. A person who files an application for registration renewal or who fails to pay the required annual registration fees after January 1 shall pay a late penalty of $15.

280.15(1)(f) (f) Expiration. All registrations issued under this subsection expire on December 31 of each year and are not transferable.

280.15(2m) (2m) Driller and pump installer licensing.

280.15(2m)(a) (a) Application. An individual who seeks a driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in par. (c) with the application, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee.

280.15(2m)(am) (am) Activities authorized under driller license. In issuing a driller license under this subsection, the department may specify that the license is limited to the authority to engage only in well drilling or to the authority to engage only in heat exchange drilling.

280.15(2m)(b) (b) Renewal. In order to retain his or her license as a driller or pump installer an individual shall do all of the following:

280.15(2m)(b)1. 1. Comply with requirements for continuing education promulgated by the department by rule. The department shall require continuing education specific to well drilling for individuals seeking to retain a driller license that authorizes well drilling and shall require continuing education specific to heat exchange drilling for individuals seeking to retain a driller license that authorizes heat exchange drilling.

280.15(2m)(b)2. 2. Apply for license renewal and pay the required license fees under par. (c) annually on or before January 1.

280.15(2m)(c) (c) Fees. The license fees required for license application or annual renewal are as follows:

280.15(2m)(c)1. 1. Driller, $50.

280.15(2m)(c)2. 2. Pump installer, $25.

280.15(2m)(d) (d) Late fees. An individual who files an application for license renewal or pays the required annual fees after January 1 shall pay a late penalty of $15.

280.15(2m)(e) (e) Prerequisites for pump installer license. The department may not issue a pump installer license unless the applicant demonstrates competency in pump installing by passing an examination administered by the department or a department representative.

280.15(2m)(f) (f) Prerequisites for driller license.

280.15(2m)(f)1m. 1m. The department may not issue a driller license that authorizes well drilling unless all of the following apply:

280.15(2m)(f)1m.a. a. The applicant demonstrates competency in well drilling by passing an examination administered by the department or a department representative.

280.15(2m)(f)1m.b. b. Except as provided in par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under sub. (3g), and has the well drilling experience required by the department by rule.

280.15(2m)(f)2m. 2m. The department may not issue a driller license that authorizes heat exchange drilling unless all of the following apply:

280.15(2m)(f)2m.a. a. The applicant demonstrates competency in heat exchange drilling by passing an examination administered by the department or a department representative.

280.15(2m)(f)2m.b. b. Except as provided in par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under sub. (3g), and has the heat exchange drilling experience required by the department by rule.

280.15(2m)(g) (g) Exceptions.

280.15(2m)(g)1. 1. The department may issue a driller license to an applicant who does not comply with par. (f) 1m. b. or 2m. b. if the applicant complies with par. (f) 1m. a. or 2m. a. and holds a driller license in good standing from another state and the department determines that the other state has laws and rules governing well drilling and heat exchange drilling and licensing of well drillers and heat exchange drillers that are substantially similar to this state’s laws and rules.

280.15(2m)(g)2. 2. The department shall establish alternative requirements to par. (f) 1m. b. for applicants who have gained well drilling experience before June 1, 2008. The department shall establish alternative requirements to par. (f) 2m. b. for applicants who have gained heat exchange drilling experience before April 1, 2015.

280.15(3g) (3g) Drilling rig operator registration.

280.15(3g)(a) (a) Application. An individual who seeks registration as a drilling rig operator shall apply to the department on a form prepared by the department. The individual shall include a fee of $25, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee.

280.15(3g)(b) (b) Renewal. In order to retain registration as a drilling rig operator an individual shall do all of the following:

280.15(3g)(b)1. 1. Complete training approved by the department.

280.15(3g)(b)2. 2. Comply with requirements for continuing education promulgated by the department by rule. The department shall require continuing education specific to well drilling for individuals seeking to retain a drilling rig operator’s registration that authorizes well drilling and shall require continuing education specific to heat exchange drilling for individuals seeking to retain a drilling rig operator’s registration that authorizes heat exchange drilling.