Chapter NR 146

Register March 2011 No. 663

Chapter NR 146

WATER WELL DRILLER, HEAT EXCHANGE DRILLER, AND PUMP INSTALLER LICENSING
AND REGISTRATION; DRILLING RIG OPERATOR REGISTRATION

NR 146.01   Purpose and applicability.

NR 146.02   Definitions.

NR 146.03   License or registration.

NR 146.04   Initial applications for licenses or registrations.

NR 146.045   Examination administration, application, and fees.

NR 146.05   License and registration conditions and emeritus.

NR 146.06   Out of state water well drillers.

NR 146.065   Out of state heat exchange drillers.

NR 146.07   Renewals.

NR 146.08   Licensee and registrant responsibilities.

NR 146.09   Suspension and revocation.

NR 146.10   Well filling and sealing.

NR 146.11   Property transfer well inspections.

NR 146.12   Citations.

NR 146.01 NR 146.01 Purpose and applicability.

NR 146.01(1) (1) Purpose. This chapter is promulgated under chs. 280 and 281, Stats. The purpose of this chapter is to establish the criteria by which the department administers the water well driller, heat exchange driller, and pump installer licensing and registration program and water well and heat exchange drilling rig operator registration program required by ch. 280, Stats., and the licensing requirements for: filling and sealing potable and nonpotable water supply wells; and locating or evaluating wells that need to be filled and sealed, and locating or evaluating water supply wells and pressure systems at time of property transfer.

NR 146.01 Note Note: The standards for water well drilling, heat exchange drilling, pump installing, well filling and sealing and property transfer well inspections are in ch. NR 812.

NR 146.01 Note Note: The department intends to issue a single license or registration document indicating which type or types of wells or drillholes for which the holder is authorized.

NR 146.01(2) (2) Applicability. This chapter applies to any individual or person engaging in, or intending to engage in the business of water well drilling, heat exchange drilling, pump installing, filling and sealing of potable and nonpotable water supply wells, and locating or evaluating wells or drillholes that need to be filled and sealed, or locating or evaluating water supply wells and pressure systems at time of property transfer in the state of Wisconsin. The license requirements of this chapter do not apply to water well drilling or pump installing activities involving a well supplying water which is not used for, or is not intended to be used for, human consumption or for the washing or preparation of food or pharmaceutical products.

NR 146.01 Note Note: Any person constructing a water well or heat exchange drillhole or installing a pump, regardless of whether that person is required to be licensed or registered under this chapter, is required to comply with applicable laws and rules and with any plans, specifications, variance and approvals approved by the department for water well construction, heat exchange drilling, and pump installation. For example, ch. NR 812 contains water well construction and pump installation requirements for private and noncommunity water systems and chs. NR 810 and 811 contain water well construction and pump installation requirements for community water systems.

NR 146.01 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; CR 13-096: am. (1), (2), CR 13-099: am. (1), (2) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 32 Register April 2016 No. 724.

NR 146.02 NR 146.02 Definitions. As used in this chapter:

NR 146.02(1e) (1e) “Advance notification” means notification to the department via fax, e-mail or telephone at least one working day before commencing any work.

NR 146.02(1g) (1g) “Certificate of supervision” means a department form, signed by the owner of a water well drilling, heat exchange drilling or pump installing business and by the licensed supervisory individual water well driller, heat exchange driller or pump installer, which assigns supervisory, legal, financial and compliance responsibilities for a registered water well drilling, heat exchange drilling or pump installing business.

NR 146.02(1s) (1s) “Competent sanitary engineer” means a professional engineer registered by the Wisconsin department of safety and professional services who practices in the discipline of civil, sanitary and structural engineering.

NR 146.02(2) (2) “Department” means the department of natural resources.

NR 146.02(3) (3) “Direct supervision” means actual physical presence and supervision by a Wisconsin licensed individual water well driller during all water well drilling activities, by a Wisconsin licensed individual heat exchange driller during all heat exchange drilling activities, or by a Wisconsin licensed individual pump installer during all pump installing activities.

NR 146.02(3m) (3m) “Driven point well” means a well constructed by joining a drive point with lengths of pipe, and driving the assembly into the ground with percussion equipment or by hand, but without first removing material below the 10-foot depth.

NR 146.02 Note Note: A “driven point” is also known as a sand point well.

NR 146.02(4) (4) “Engage in the business of” includes advertising, bidding, contracting, preparing plans and specifications, supervising, performing, billing or receiving payment for water well drilling, heat exchange drilling [or] pump installing, filling and sealing or property transfer well inspection activities.

NR 146.02 Note Note: “Or” in brackets was inserted by CR 13-096, but should be replaced by a comma to accommodate the insertion by CR 13-099 of the material following. Future rulemaking will address any inconsistencies.

NR 146.02(4b) (4b) “Experience period” means the two or three years during which a water well drilling rig operator gained experience toward obtaining a water well drilling license.

NR 146.02(4c) (4c) “Filling and sealing” means to fill a well, drillhole, pit or reservoir with a material or materials so the well, drillhole, pit or reservoir will not act as a vertical conduit to contaminate another well, groundwater or an aquifer.

NR 146.02(4d) (4d) “Heat exchange drillhole” has the meaning specified in s. 280.01 (2b), Stats.

NR 146.02 Note Note: Section 280.01 (2b), Stats., defines “heat exchange drillhole” to mean “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.”

NR 146.02(4e) (4e) “Heat exchange drilling” has the meaning specified in s. 280.01 (2c), Stats.

NR 146.02 Note Note: Section 280.01 (2c), Stats., defines “heat exchange drilling” to mean “the industry and procedure employed in making heat exchange drillholes.”

NR 146.02(4f) (4f) “Heat exchange drilling rig operator” means an individual registered with the department to operate a drilling rig for the construction of heat exchange drillholes under the general or direct supervision of a licensed individual heat exchange driller.

NR 146.02(4g) (4g) “Heat exchange registrant” means a person registered to engage in the business of heat exchange in Wisconsin under the supervision of a licensed individual heat exchange driller.

NR 146.02(4h) (4h) “Licensed heat exchange driller” means an individual who has obtained a license pursuant to s. 280.15 (2m), Stats., and s. NR 146.04, as a heat exchange driller and has paid the annual license fee under s. 280.15 (2m) (c) 1., Stats.

NR 146.02(4j) (4j) “Licensed pump installer” means any individual who has obtained a license under s. 280.15 (2m), Stats., and s. NR 146.04, as a pump installer and has paid the annual license fee under s. 280.15 (2m) (c) 2., Stats.

NR 146.02(4k) (4k) “Licensed water well driller” means any individual who has obtained a license under s. 280.15 (2m), Stats., and s. NR 146.04, as a water well driller and has paid the annual license fee under s. 280.15 (2m) (c) 1., Stats.

NR 146.02(4L) (4L) “Person” means an individual, firm, business, corporation, limited liability corporation, company, association, cooperative, trust institution, partnership, state, public utility, municipality, or federal, state or interstate agency.

NR 146.02(4m) (4m) “Place of business or retail outlet” means every place for which a person would be required to have a seller’s permit from the department of revenue.

NR 146.02(4n) (4n) “Potable water” means water supplied for human consumption, or water supplied for sanitary use or for the washing or preparation of food or pharmaceutical products.

NR 146.02 Note Note: The term “water for human consumption” is used interchangeably with the term “potable water.”

NR 146.02(4p) (4p) “Property transfer well inspection” means an inspection, for compensation, for the purpose of locating or evaluating wells that need to be filled and sealed and water supply wells or pressure systems on real property in contemplation of a transfer of the real property.

NR 146.02(4r) (4r) “Property transfer well inspector” has the meaning specified in s. NR 812.07 (79t).

NR 146.02 Note Note: Section NR 812.07 (79t) defines “property transfer well inspector” as an individual authorized under s. NR 812.44 (1) to conduct a property transfer well inspection.

NR 146.02(4t) (4t) “Pump installation” means the pump and its associated pressure system including any equipment and material needed to withdraw, obtain, discharge and store water from a well or a spring. The pump installation includes the spring box, reservoir, pump, pump drop pipe, check valves, well cap or seal, pitless adapter, pitless receiver tank, pitless unit, above-ground discharge unit, associated discharge piping and associated connections, valves and appurtenances, pressure tank, sampling faucet, water storage or pressure vessel or structure, the electrical wiring and controls needed to operate the pump or pressure system, and any chemical addition, water treatment device or yard hydrant upstream of the water storage or pressure vessel or building control valve.

NR 146.02(4v) (4v) “Pump installer registrant” means a person registered to engage in the business of pump installing in Wisconsin under the supervision of a licensed individual pump installer.

NR 146.02(5) (5) “Pump installing” has the meaning specified in s. 280.01 (5), Stats., and includes installing, repairing, replacing or reinstalling a: spring box, reservoir, pump, pump drop pipe, check valve, well cap or seal, pitless adapter, pitless receiver tank, pitless unit, above-ground discharge unit, associated discharge piping and associated connections, valves and appurtenances, pressure tank, sampling faucet, water storage or pressure vessel or structure, the electrical wiring and controls needed to operate a pump or pressure system, and any chemical addition, water treatment device or yard hydrant upstream of the water storage or pressure vessel or building control valve; attaching well casing pipe to extend the well casing pipe to a complying height above grade, or up and out of a pit or a subsurface pumproom or alcove; or bailing or chemically conditioning a well to return it to its original capacity, production capability or water quality. Pump installing does not include installation of a temporary test pump by a water well driller for the purpose of determining well capacity or water quality and does not include the installation, by a well driller, of a well cap or seal. Opening a well cap or well seal to inspect or chlorinate a well is not considered pump installing unless the well cap or seal is replaced with a different cap or seal, or unless the well has a hand pump installed on it.

NR 146.02 Note Note: Section 280.01 (5), Stats., defines “Pump installing” to mean 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.

NR 146.02(6) (6) “Registrant” means a person, firm, corporation, or partnership registered to engage in the business of well drilling or pump installing in Wisconsin.

NR 146.02(7) (7) “Regulation” means the laws, rules, and conditions under which any registration, license or variance is issued or plans and specifications are approved by the department.

NR 146.02(7g) (7g) “Under the supervision” means employed by a licensed individual or by a registered person, employing or contracting with a licensed supervisory individual, who is legally and financially responsible for compliance with all applicable laws and rules and any plans, specifications, variances and approvals approved by the department, and who has advance and specific knowledge of water well drilling, heat exchange drilling, pump installing, or well filling and sealing activities.

NR 146.02(7r) (7r) “Water well drilling rig operator” means an individual registered with the department to operate a drilling rig to construct potable wells under the general or direct supervision of a licensed individual water well driller.

NR 146.02(8) (8) “Water system” means the water supply, storage, treatment facilities and all structures and piping by which water is provided.

NR 146.02(9) (9) “Well” has the meaning specified in s. 280.01 (6), Stats.

NR 146.02 Note Note: Section 280.01 (6), Stats., defines “well” to mean 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.

NR 146.02(9g) (9g) “Well and pressure system” means the water supply and pump installation upstream of a building control valve or pressure tank and including any pressure tank.

NR 146.02(9r) (9r) “Well driller registrant” means a person registered to engage in the business of water well drilling in Wisconsin under the supervision of a licensed individual water well driller.

NR 146.02(10) (10) “Well drilling” has the meaning specified in s. 280.01 (8), Stats., and includes any activity which requires the use of a well drilling rig or similar equipment; or any activity which is conducted using a well drilling rig or similar equipment with the exception of the driving of points having pipe and casing smaller than three inches in diameter. Well drilling also includes constructing a well or performing any activity which changes the characteristics of a drilled well including constructing, reconstructing or deepening a well, sealing the annular space of a well, joining or welding together lengths of well casing pipe or liner pipe, installation of a liner, installing or replacing a screen, well rehabilitation, hydrofracturing, blasting and chemical conditioning.

NR 146.02 Note Note: Section 280.01 (8), Stats., defines “Well drilling” to mean 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 for the purpose of obtaining ground water. 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.

NR 146.02 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; corrections in (5), (9), and (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register February 2012, No. 674; CR 13-096: renum. (1) to (1s), cr. (1g), am. (3), (4), cr. (4d) to (4h), (7g), CR 13-099: renum. (1) to (1s), cr. (1e), (1g), am. (3), cr. (3m), am. (4), cr. (4b) to (4v), r. and recr. (5), am. (7), cr. (7g), (7r), am. (9), cr. (9g), (9r), am. (10) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (1s), (4b) to (4m), and (7g) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 ss. 33, 34 Register April 2016 No. 724; CR 18-095: r. and recr. (4r) Register June 2020 No. 774, eff. 7-1-20.

NR 146.03 NR 146.03 License or registration.

NR 146.03(1) (1) Required. No individual or person may engage in the business of water well drilling, heat exchange drilling, pump installing or filling and sealing, or property transfer well inspections, or hold himself, herself or itself out as or act temporarily or otherwise as a water well driller, heat exchange driller, or pump installer or well or drillhole filler and sealer, or property transfer well inspector in the state of Wisconsin without first obtaining either a water well driller, heat exchange driller, or pump installer license or a water well driller, heat exchange driller, or pump installer registration from the department.

NR 146.03(2) (2) Exceptions.

NR 146.03(2)(a) (a) A Wisconsin individual water well driller license is not required for any of the following:

NR 146.03(2)(a)1. 1. An individual performing water well drilling on real estate owned or leased by that individual, but the well and the work done on the well shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.03(2)(a)2. 2. Competent sanitary engineers preparing plans and specifications or supervising the installation of water wells by a licensed individual water well driller or a registered water well drilling business for which the engineer prepared plans and specifications.

NR 146.03(2)(a)3. 3. Superintendents of waterworks systems preparing plans and specifications or supervising the installation of water wells by a licensed individual water well driller or a registered well drilling business, for which the superintendent is responsible.

NR 146.03(2)(a)4. 4. An individual who is employed by a licensed individual water well driller.

NR 146.03(2)(a)5. 5. An individual who is employed by a person that is registered as a business to perform water well drilling.

NR 146.03(2)(a)6. 6. An individual constructing nonpotable water supply wells.

NR 146.03(2)(b) (b) A Wisconsin water well driller business registration is not required for any of the following:

NR 146.03(2)(b)1. 1. An individual who is a licensed water well driller who does not operate as corporation, partnership or LLC.

NR 146.03(2)(b)2. 2. An individual performing water well drilling on real estate owned or leased by that individual, but the well and the work done on the well shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.