Chapter NR 146

NR 146.08(11) (11) When doing any water well work or pump installing work that involves entry into a well located outside a building, the water well driller or pump installer shall extend the well casing pipe in accordance with the requirements of s. NR 812.42 to at least:

NR 146.08(11)(a) (a) 12 inches above grade for any well that is less than 8 inches above grade and was installed before February 1, 1991.

NR 146.08(11)(b) (b) 12 inches above grade for any well that is less than 12 inches above grade and was installed on or after February 1, 1991.

NR 146.08(12) (12) When doing any water well work or pump installing work that involves entry into a well, the water well driller or pump installer shall replace any non-vermin proof well cap with an approved vermin-proof cap or sanitary well seal.

NR 146.08(13) (13) When any water well drilling work or pump installing work is performed involving entry into a well that has a nonpressure conduit, the water well driller or pump installer shall evaluate the integrity of the nonpressure conduit and its connection to the well casing pipe by performing a pressure test. If the nonpressure conduit fails the pressure test, the installation shall be changed to a pitless connection in accordance with s. NR 812.42 (11) (e).

NR 146.08(14) (14) Verify that the appropriate well notification, county well location permit, department approval and/or variance has been obtained before commencing any well construction or reconstruction.

NR 146.08(15) (15) Be legally and financially responsible for correcting any noncomplying work not corrected by individuals or persons which the licensee or registrant supervises or employs.

NR 146.08(16) (16) Have advance and specific knowledge of work being done by any individual for whom they are responsible to supervise.

NR 146.08(16m) (16m) Have advance and specific knowledge of work being done by any individual for whom they are providing direct supervision.

NR 146.08(17) (17) Be adequately equipped to perform water well drilling, heat exchange drilling, pump installing, well filling and sealing and property transfer well inspections in compliance with applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.08(18) (18) Ensure that either a licensed water well driller or a registered water well drilling rig operator is on site at all times during water well drilling activities. The licensee or registrant shall ensure that either a licensed heat exchange well driller or a registered heat exchange drilling rig operator is on site at all times during heat exchange drilling activities.

NR 146.08(18m) (18m) For water wells and pump installations, ensure that the work is performed in a sanitary manner.

NR 146.08(19) (19) Water well drillers, heat exchange drillers, pump installers and well constructors shall, when requested by the department, give notice to the department, as specified in the notice of request, at least on the department work day prior to the day upon which any well construction or reconstruction or any part thereof, any well filling and sealing operation or the installation of any pumping equipment, will be commenced.

NR 146.08 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (title), (intro.), (1), (3) to (7), cr. (8m), (14) to (16), (16m), (17), (18), (18m), (19), CR 13-099: am. (title), (intro.), (1) to (7), cr. (8) to (17), (19) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (8m), (14) to (16), (16m), (17), (18), (18m), (19) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 ss. 39, 40 Register April 2016 No. 724; CR 18-095: am. (9) Register June 2020 No. 774, eff. 7-1-20.

NR 146.09 NR 146.09 Suspension and revocation.

NR 146.09(1) (1) Bases for action. The department may suspend or revoke a license or registration under this chapter for any of the following reasons:

NR 146.09(1)(a) (a) The licensee or registrant made a material misstatement in the application for the license, registration, or any application for renewal of the license or registration.

NR 146.09(1)(b) (b) The licensee or registrant demonstrated incompetency to act in the industry or industries for which the license or registration was issued.

NR 146.09(1)(c) (c) The licensee or registrant willfully violated a second time or more any provision of ch. 280, Stats., or any rule, regulation or order prescribed by the department.

NR 146.09(1)(d) (d) The licensee or registrant was found guilty in any civil or criminal proceeding of any action constituting fraud in connection with water well drilling, heat exchange drilling, or pump installing activities or operations.

NR 146.09(2) (2) Suspension and revocation activities. No individual or person whose license or registration has been suspended or revoked may engage in the business of water [well] drilling, heat exchange drilling, or pump installing during the suspension or revocation period unless all of the following apply:

NR 146.09 Note Note: The word “well” in brackets was removed by CR 13-099 but the word is necessary to give effect to the treatment by CR 13-096. Future rulemaking will address any wording inconsistencies.

NR 146.09(2)(a) (a) Water well drilling activities are performed under the direct supervision of a Wisconsin licensed individual water well driller, heat exchange drilling activities are performed under the direct supervision of a Wisconsin licensed individual heat exchange driller, and pump installing activities are performed under the direct supervision of a Wisconsin licensed individual pump installer.

NR 146.09(2)(b) (b) The water well driller whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed water well driller providing direct supervision of his or her activities or shall be an employee of a Wisconsin registered water well drilling business whose licensed supervisory individual water well driller is providing direct supervision to the water well driller whose license or registration was suspended or revoked. The heat exchange driller whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed heat exchange driller providing direct supervision of his or her activities or shall be an employee of a Wisconsin registered heat exchange drilling business whose licensed supervisory individual heat exchange driller is providing direct supervision to the heat exchange driller whose license or registration was suspended or revoked. The pump installer whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed pump installer providing direct supervision of his or her activities or be an employee of a Wisconsin registered pump installing business whose licensed supervisory individual pump installer is providing direct supervision to the pump installer whose license or registration was suspended or revoked. A copy of the employment contract under par. (b), (c), or (d) shall be provided to, and approved by the department before any water well drilling, heat exchange drilling, pump installing or well filling and sealing activities are commenced. An employment contract entered into to meet the requirements of this chapter shall include the assignment of responsibility for supervision, submission of reports and the completion of work in compliance with all applicable laws and rules and with any plans, specifications, variances and approvals approved by the department to the Wisconsin licensed individual supervisory water well driller or pump installer.

NR 146.09(2)(c) (c) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of any water well drilling, heat exchange drilling, or pump installation the individual or person whose license or registration was suspended or revoked will be working on at least 48 hours in advance, except that emergency pump installations shall be reported before 8:00 a.m. on the first business day following the work.

NR 146.09(2)(d) (d) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of each water well drilling rig, heat exchange drilling rig, or pump installation truck owned, leased or used by the individual or person whose license or registration was suspended or revoked and of any change in the location of any rig or truck during the suspension or revocation period.

NR 146.09(3) (3) Reinstatement.

NR 146.09(3)(a) (a) An individual whose license was suspended based on incompetency to act in the industry or industries for which a Wisconsin license was issued shall demonstrate competency to engage in the industry or industries by passing an exam administered under s. NR 146.045 before the suspension is ended by the department.

NR 146.09(3)(b) (b) An individual whose license has been revoked may apply for a new license one year or thereafter after the date of revocation. A license application from an individual whose license was revoked is not a renewal. A person whose registration has been revoked may apply for a new registration one year or thereafter after the date of revocation.

NR 146.09(3)(c) (c) An individual whose water well drilling, heat exchange drilling, or pump installing license was revoked for any reason shall demonstrate the individual licensee’s knowledge to engage in water well drilling, heat exchange drilling, or pump installing by passing an exam administered under s. NR 146.045. An individual who has had a water well drilling, heat exchange drilling, or pump installing license revoked for incompetency is not eligible to become licensed again until after the individual has demonstrated competency in the activity for which the individual was deemed incompetent. In the alternative, the department may grant a conditional license to the applicant, which restricts the individual from engaging in the activity for which the individual was deemed incompetent. Competency shall be demonstrated by performing the activity while working under the direct supervision of an individual licensed for that activity for at least 2 years without violations.

NR 146.09(3)(d) (d) An individual whose license was suspended for willful violations and has failed to comply with requirements of the suspension order so that the suspension extends longer than one calendar year, shall take and pass the exam to become licensed, as provided in s. NR 146.07 (2).

NR 146.09 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; CR 13-096: am. (1), (2), (3) (a), (b), cr. (3) (c), (d), CR 13-099: am. (1), (2), (3) (a), (b), cr. (3) (c), (d), Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 41 Register April 2016 No. 724; EmR2123: emerg. am. (3) (a), (c), eff. 8-21-21; CR 21-068: am. (3) (a), (c) Register April 2022 No. 796, eff. 5-1-22.

NR 146.10 NR 146.10 Well filling and sealing.

NR 146.10(1) (1) This section applies to all water supply wells used for any potable or nonpotable purpose.

NR 146.10(2) (2) An individual may not fill and seal a water supply well, or verify and report that a well was properly filled and sealed, unless at least one of the following applies:

NR 146.10(2)(a) (a) The individual is a licensed water well driller or licensed pump installer.

NR 146.10(2)(b) (b) The individual is under the supervision of a licensed water well driller or licensed pump installer as their employee or the employee of a registered water well drilling or pump installing business.

NR 146.10(2)(c) (c) The individual is a water system operator certified under s. 281.17 (3), Stats., and the well is within the service area of the local governmental water system for which the water system operator works.

NR 146.10(2)(d) (d) The individual is under the supervision of a water system operator certified under s. 281.17 (3), Stats., the well is within the service area of the local governmental water system for which the certified water system operator works, and the individual being supervised is an employee of the local governmental water system.

NR 146.10(3) (3) The licensed or certified individual is not required to be present during the filling or sealing of a well except that the licensed or certified individual is responsible if the filling and sealing is not done in compliance with ch. NR 812.

NR 146.10(4) (4) Property owners may not fill and seal their own wells.

NR 146.10 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14.

NR 146.11 NR 146.11 Property transfer well inspections.

NR 146.11(1) (1) This section applies to all water supply wells as defined in s. 280.30, Stats., used for any potable or nonpotable purpose.

NR 146.11(2) (2) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems or wells that must be filled and sealed on the real property unless the individual is a licensed individual water well driller or a licensed individual pump installer. Only licensed individual water well drillers or licensed individual pump installers may make any statement or offer any opinions regarding the existence or nonexistence of wells that need to be filled and sealed; or the location, compliance, condition, capacity or performance of a well and pressure system for compensation, at time of property transfer.

NR 146.11(3) (3) No license is required if the only work being done is collecting a water sample for analysis at time of property transfer provided the water quality test results are reported by the certified laboratory on a laboratory form and no other statements are made or opinions offered by the individual or laboratory regarding the location, compliance, condition, capacity or performance of the well or pressure system or the location or existence or nonexistence of wells that must be filled and sealed.

NR 146.11(4) (4) Inspectors shall conduct well and pressure system inspections in compliance with subchapter VI of ch. NR 812.

NR 146.11(5) (5) Inspectors shall provide the person requesting the inspection with the completed property transfer well inspection form specified by the department. The inspector may also attach their own forms or letters, provided those forms are not represented to be part of the department form. The well and pressure system inspection form is not to be submitted to the department except in the case of a variance request.

NR 146.11(6) (6) Businesses engaging in the business of property transfer well inspections are required to hold a business registration in accordance with s. NR 146.04 (4) or 146.04 (5).

NR 146.11 Note Note: Every individual performing property transfer well inspections is required to be licensed except as noted in sub. (7).

NR 146.11(7) (7) County employees are not required to obtain a water well driller or pump installer license to conduct property transfer well inspections if the county has adopted a Level 3 county delegation program under ch. NR 845 and the inspections are conducted as part of their duties as county employees. Property transfer well inspections performed by Level 3 delegated county employees shall be conducted in compliance with the standards in subchapter VI of NR 812 and using department form #3300-221.

NR 146.11(8) (8) Requests for property transfer inspections of spring or surface water supplies shall be referred to the department’s private water supply section.

NR 146.11 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14.

NR 146.12 NR 146.12 Citations.

NR 146.12(1g) (1g) The department may take appropriate enforcement action against any person who violates any of the provisions listed in sub. (1r). The department shall consider the severity, duration, frequency, and environmental or health risks of the violation. The department will evaluate and address violations in accordance with the department stepped enforcement process. The department shall provide written notice of a violation and provide an opportunity to meet pursuant to s. 280.98 (4), Stats., before issuance of a citation.

NR 146.12(1r) (1r) Citations may be issued for violations relating to any of the activities listed in s. NR 812.45 (1).

NR 146.12(2) (2) Prior to issuing a citation under par. (b), the department shall do all of the following:

NR 146.12(2)(a) (a) Issue a written warning outlining the violation.

NR 146.12(2)(b) (b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.

NR 146.12(3) (3) If the alleged violator does not attend the enforcement conference or make alternative arrangements to the department’s satisfaction, the department shall consider the requirement of s. 280.98, Stats., to be met, and shall base its enforcement decision on all available information.

NR 146.12 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (1g), (1r) made under s. 13.92 (b) (b) 1., Stats., correction in (1g) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-095: r. and recr. (1r) Register June 2020 No. 774, eff. 7-1-20.