Chapter NR 811

NR 811.09 Note Note: A copy of A Template For Preparing Wellhead Protection Plans For Municipal Wells, in which use of the Uniform Flow Equation is discussed, may be obtained from the department.

NR 811.09(4)(j)1.m. m. The results from any previous test wells including details of test well location and construction, water quality, pumping conditions including drawdown effects, if applicable, on other nearby wells or surface water bodies, geologic borings, and seismic, resistivity or other groundwater investigations.

NR 811.09(4)(j)1.n. n. The anticipated annual volume of water to be withdrawn and the compatibility with the existing water supply facilities.

NR 811.09(4)(j)1.o. o. The location and data from any piezometers.

NR 811.09(4)(j)1.p. p. The location of any nearby wetlands.

NR 811.09(4)(j)1.q. q. The distance and direction from the proposed well to the nearest existing well serving another water utility.

NR 811.09(4)(j)1.r. r. The distance and direction from the proposed well to the nearest neighboring private wells within 1,200 feet of the well site.

NR 811.09(4)(j)1.s. s. The location and distance to surface water and springs.

NR 811.09(4)(j)1.t. t. The locations of alternate well sites for the proposed well and other information such as test pumping or modeling as requested by the department in order to conduct a review under ch. NR 820 to justify the proposed well location if the well will be pumped at a rate equal to or greater than 70 gallons per minute and the department determines that the proposed well will be located within a groundwater protection area as defined in s. 281.34 (1) (am), Stats., or that operation of the well could result in significant adverse impacts to springs as defined in s. 281.34 (1) (f), Stats.

NR 811.09(4)(j)1.u. u. A summary evaluation of the site including advantages and disadvantages and the need for any possible water treatment.

NR 811.09(4)(j)2. 2. ‘Surface water sources.’ To assess the water available at the source, the engineering report shall include a survey and study of the source, including obtaining samples from a number of locations and depths in order to select the best intake site. Sampling shall be sufficient to adequately determine the water quality characteristics. The report shall summarize information on hydrological data, such as safe yield, maximum and minimum water levels or flows, the quality of raw water with special emphasis on results of testing programs, fluctuation in water quality, including seasonal variations and effects, the presence of befouling organisms, and existing and future potential sources of contamination.

NR 811.09(4)(j)3. 3. ‘Water treatment or chemical addition processes.’ The engineering report shall include a summary establishing the adequacy of the proposed processes for the treatment of the specific water under consideration. The report shall include any data from pilot or full scale plant studies and describe the method of disposal of any wastes and any possible effects on the environment.

NR 811.09(4)(j)4. 4. ‘Pumping facilities.’ The engineering report shall include a description of the area to be served and the basis for design, including maximum and minimum discharge heads and flows, pump operational controls, and provisions for emergency operation.

NR 811.09(4)(j)5. 5. ‘Water storage facilities.’ The engineering report shall include a description of the high to low static pressure range which the proposed facility will provide for existing and future service areas and the volume of domestic and fire storage required within the design period. The report shall explain how the proposed and existing facilities will meet these requirements. The report shall also relate the compatibility of the proposed facilities with existing facilities and any changes that will have to be made to the existing facilities.

NR 811.09 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (1) (a), (4) (j) 1. f. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672; correction in (4) (j) 1. t. made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734; CR 22-074: renum. (1) (h) 2. to (1) (h) (intro.) to h. and am. Register January 2024 No. 817, eff. 2-1-24.

NR 811.10 NR 811.10 Owner approval requirement. If an engineer or other agent submitting plans to the department is not an employee or otherwise retained by the owner of the water system, written acceptance of the final plans by the owner is required. A copy of the owner approval letter shall be included along with the submission of the plans to the department.

NR 811.10 Note Note: As an example, if an engineer is retained by a developer to design water main extensions which will be connected to a municipal system and eventually be owned by the municipality, the plans must be accepted in writing by the municipality prior to the submission of plans to the department.

NR 811.10 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 811.11 NR 811.11 Resident project representative. A resident project representative shall be designated by the water supply owner or by the agent retained by the owner. The resident project representative shall be knowledgeable regarding the proposed construction, and be able to competently determine whether or not the improvements are being constructed in accordance with the department approved plans and specifications and the conditions of the approval. The project representative shall be present on the work site as needed to assure proper construction and installation of the improvements. Hiring a resident project representative does not negate the owner’s responsibility to assure proper construction and installation.

NR 811.11 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10.

subch. II of ch. NR 811 Subchapter II — Source Development — Groundwater

NR 811.12 NR 811.12 Wells.

NR 811.12(1) (1) General requirements. Any proposal which would result in a diversion from the Great Lakes basin requires department approval in accordance with s. 281.346, Stats. Wells shall be constructed in conformance with the following requirements:

NR 811.12(1)(a) (a) Termination above the ground surface.

NR 811.12(1)(a)1. 1. All wells shall be terminated above the ground surface.

NR 811.12(1)(a)2. 2. The grouted protective well casing or alternatively, the top of a pitless unit, shall be terminated above grade a minimum of 12 inches above the concrete floor of a pumphouse or enclosure.

NR 811.12(1)(a)3. 3. The portion of the pump discharge piping for permanent wells that will contain the sampling faucets, water meter, valves and other appurtenances shall be exposed above the ground surface within a pumphouse building or enclosure that is secure, weatherproof, and has a concrete floor.

NR 811.12(1)(b) (b) Watertight construction. Permanent wells shall have watertight construction to such depth as may be required to exclude contamination. The depth shall be below the pumping water level except where exempted by the department on a case-by-case basis.

NR 811.12(1)(c) (c) Grout seal. Permanent wells shall have a grout seal surrounding the protective casing and liner casings. The grout seal shall be a minimum of 1.5 inches in thickness to the depths specified in ss. NR 811.14, 811.18, 811.19, and 811.20.

NR 811.12(1)(d) (d) Outer casings.

NR 811.12(1)(d)1. 1. All outer casings used in the construction of permanent wells shall be removed during or after the grouting process unless the exterior of the outer casing is grouted in place to the native formation with neat cement having a minimum thickness of 1.5 inches.

NR 811.12(1)(d)2. 2. The grout level shall be retained above the bottom of the casing during removal of the casing.

NR 811.12(1)(d)3. 3. Starter casings 10 feet in depth or less may be left in place provided that they are incorporated into the pump base in accordance with ss. NR 811.31 (1) and 811.32 (1).

NR 811.12(1)(e) (e) Minimum protective casing. All permanent wells shall have a minimum of 60 feet of grouted protective casing, wherever practicable. Continuous disinfection shall be provided for wells with less than 60 feet of grouted protective casing.

NR 811.12(1)(f) (f) Bacteriologically safe water for drilling. All wells shall be constructed using water from a known bacteriologically safe source that will not contaminate the aquifer. Untreated surface water or untested groundwater shall not be used. A detectable free chlorine residual shall be maintained in the well during drilling operations.

NR 811.12(1)(g) (g) Test wells. Test wells may be drilled to determine aquifer water quantity and quality prior to constructing a final well. Test wells are subject to all of the following requirements:

NR 811.12(1)(g)1. 1. Test wells shall be drilled for permanent wells proposed in unconsolidated formations to determine geologic formation information and water quality and quantity data.

NR 811.12(1)(g)2. 2. Test wells to be converted to permanent wells or test wells to be pumped at a rate of 70 gallons per minute or more for a period of more than 72 hours shall be approved by the department prior to their construction.

NR 811.12(1)(g)3. 3. The department may not require test wells for replacement or additional wells drilled on the same well site unless the geology is highly variable or in locations where the formation yield, cone of depression, and water quality are not known to a high degree of certainty.

NR 811.12(1)(g)4. 4. The department may require a test well where water quality data or geologic data for consolidated formations is not available.

NR 811.12(1)(g)5. 5. Test wells may be converted to permanent wells only if all test well casings and screens are removed prior to reconstructing the well to be converted to the permanent well.

NR 811.12 Note Note: The department recommends that test wells be sampled for regulated drinking water contaminants to ensure the permanent well produces water that meets the drinking water quality standards specified under ch. NR 809.

NR 811.12(1)(h) (h) Flowing wells.

NR 811.12(1)(h)1. 1. Flowing wells shall be provided with a valve to control the flow. The valve shall be throttled as much as practicable to prevent the erosion of the confining bed and to prevent waste of water. The control valve shall be closed if the flow ceases.

NR 811.12(1)(h)2. 2. Flow to waste piping shall be metal pipe welded to the protective well casing or pitless unit a minimum of 6 inches above the pumphouse floor. The piping shall extend horizontally through the concrete pump base and include a check valve and a shut-off valve on the portion of the piping located inside the building. The piping shall terminate outside the pumphouse with a screened downturned pipe elbow and a minimum 2 pipe diameter free air break over the top of a storm sewer inlet structure or other department approved location.

NR 811.12(1)(h)3. 3. Every practicable effort shall be made to install the grouted casing below the confining bed.

NR 811.12(1)(i) (i) Materials used as drilling aids, such as drilling muds and foam or other aids shall be compounds approved by the department. Such materials shall be NSF/ANSI Standard 61 approved as required in s. NR 810.09 (5).

NR 811.12(1)(j) (j) The department may require additional or more stringent well construction requirements on a case by case basis when necessary to minimize the entrance of naturally occurring or synthetic contaminants into the well.

NR 811.12(1)(k) (k) The water system owner shall provide notice of the well construction or reconstruction to the department’s regional drinking water representative at least 48 hours prior to the date and time of initiating work.

NR 811.12(2) (2) Well driller requirements. All wells constructed or reconstructed after December 1, 2010, shall be constructed or reconstructed by a well driller licensed or registered by the state of Wisconsin under ch. 280, Stats., and ch. NR 146. A licensed well driller or a registered drilling rig operator shall be on-site during all well drilling, as defined in s. NR 811.02 (77).

NR 811.12 Note Note: Chapter NR 146 contains the registration requirements for well drillers.

NR 811.12(3) (3) Well construction reports. The well driller shall forward to the department, and send a copy to the owner, of a completed Wisconsin Well Construction Report within 30 days of the date of completion of a new well. The well driller shall forward to the department, and send a copy to the owner, of a revised Wisconsin Well Construction Report within 30 days of the date of completion of a reconstructed well. A well reconstruction report is required when a well is deepened, partially backfilled or when installing or removing well casings or screens.

NR 811.12(4) (4) Interference between community water system wells. When the department determines that a proposed community water system well may have a substantial effect on the water levels in one or more wells owned by a neighboring water utility, the following procedure shall be followed:

NR 811.12(4)(a) (a) The department shall provide the owner of a utility well which may be affected by the proposed well with information on its location, proposed constructional features, proposed pumping rate and the anticipated volume of water to be withdrawn.

NR 811.12(4)(b) (b) If the potentially affected utility well owner wishes to object to the proposed community water system well, the owner shall inform the department in writing of the reasons for objection within 30 days of receipt of the information in par. (a).

NR 811.12(4)(c) (c) If notice of objection is filed and good cause is shown, the department may hold a public hearing at which all interested parties may present testimony to be used by the department in determining if a restriction shall be placed on the volume of water withdrawn from the proposed well or existing wells.

NR 811.12(5) (5) Well sites. The suitability of a site for a well is dependent on geologic, hydrogeologic, and topographic conditions and possible sources of contamination. However, a well site shall meet all of the following general requirements:

NR 811.12(5)(a) (a) Well site dimensions. The water system owner shall reserve a lot or parcel of land for the construction of the well that has minimum dimensions of 100 feet by 100 feet. The well shall be located at or near the center of the lot or parcel and shall be located a minimum of 50 feet from any property boundary. These dimensions may be modified by the department on a case-by-case basis where they are unnecessary or inadequate to protect water quality. The department may require a larger well site where necessary to provide adequate wellhead protection. A deeper depth of grouted protective well casing may be required by the department when necessary to compensate for a smaller well site parcel or as a condition of approving a variance to a separation distance to a potential contamination source listed under par. (d).

NR 811.12(5)(b) (b) Flood protection. Wells may be constructed or replaced on sites in the floodplain, as defined in s. NR 116.03 (16), outside of the floodway, as defined in s. NR 116.03 (22), provided that the pumphouse floor is 2 feet or more above the regional flood elevation as determined in s. NR 116.07 (4) and there is year round dry land access to the pumphouse. No new well may be constructed and no existing well may be reconstructed on a site in a floodway. Wells shall be located in an area accessible during the entire year. Where necessary, road improvements shall be installed to provide year round access. Wells shall be located on property owned by the water system owner or for which a long term easement or lease has been obtained. Access roads shall be on property owned by the water system owner or for which a long term easement or lease has been obtained.

NR 811.12 Note Note: Refer to ch. NR 116 for floodplain and floodway requirements.

NR 811.12(5)(c) (c) Well site investigation report submittal. The owner or the owner’s representative shall prepare a well site investigation report, as required by s. NR 811.09 (4) (j) 1., for each well site and submit the report to the department prior to or concurrent with the request for approval of a test well or a permanent well. The report shall be submitted on forms or in a format provided by the department and shall contain sufficient information to evaluate compliance with the requirements of this chapter.

NR 811.12(5)(d) (d) Minimum separation from contamination sources. The well shall be adequately separated from potential sources of contamination. Unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination or department approved treatment is installed to address the potential contamination concerns, the minimum separation distances shall be:

NR 811.12(5)(d)1. 1. Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110.

NR 811.12(5)(d)2. 2. Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer & Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head.

NR 811.12(5)(d)3. 3. Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one or 2 family residential heating fuel oil underground storage tank or above ground storage tank or POWTS treatment tank or holding tank component and associated piping.

NR 811.12(5)(d)4. 4. Three hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

NR 811.12(5)(d)5. 5. Three hundred feet between a well and any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

NR 811.12(5)(d)6. 6. Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a storm water retention or detention pond.

NR 811.12(5)(d)7. 7. Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

NR 811.12(5)(d)8. 8. One thousand feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch. NR 718 while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

NR 811.12(5)(d)9. 9. Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; landfill; any property with residual groundwater contamination that exceeds ch. NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110 for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

NR 811.12(5)(d)10. 10. The separation distance requirements under s. NR 812.08 (4) apply for all contamination sources listed under s. NR 812.08 (4) that are not listed in subds. 1. to 9.

NR 811.12 Note Note: The department’s database of contaminated properties, established in accordance with ss. 292.12 (3), 292.31 (1), and 292.57, Stats., can be found on the department’s Bureau for Remediation and Redevelopment internet web site. The Bureau for Remediation and Redevelopment Tracking System (BRRTS) is an on-line database that provides information on known contaminated soil or groundwater and tracks the status of the cleanup actions. RR Sites Map is the program’s geographic information system that provides a map-based system of contaminated properties in Wisconsin. The department of safety and professional services Storage Tank Database Information can be found at the department of safety and professional services web site.

NR 811.12(5)(e) (e) Well site inspection. Well sites may be inspected by a representative of the department prior to approval of plans.

NR 811.12(5)(f) (f) Ch. NR 820 compliance. For wells with a pumping capacity of 70 gallons per minute or greater, the well location shall meet the applicable requirements of ch. NR 820.

NR 811.12(6) (6) Well head protection plan. A well head protection plan shall be provided for all new wells for municipal water systems. The owner of the municipal water system or its agent shall develop the plan. No new municipal well may be placed into service until the department has approved the well head protection plan. The plan shall include all of the following:

NR 811.12(6)(a) (a) Identification of the groundwater flow direction.

NR 811.12(6)(b) (b) Identification of the zone of influence for the well consisting of the distance to one foot of aquifer drawdown at the anticipated final pumping rate when pumpage of the well is assumed to be continuous without recharge for 30 days. The zone of influence shall be calculated using the Theis Method with or without groundwater modeling unless another method is approved by the department.

NR 811.12(6)(c) (c) Identification of the recharge area for the well. The recharge area shall be calculated using the Uniform Flow Equation or be computer modeled unless another method is approved by the department.

NR 811.12 Note Note: A copy of A Template For Preparing Well Head Protection Plans For Municipal Wells, in which use of the Uniform Flow Equation is discussed, may be obtained from the department.

NR 811.12(6)(d) (d) Identification of the potential contamination sources within 0.5 mile of the well location and an assessment of the potential for the existing contamination sources within the recharge area of the well to negatively impact the well water quality. The potential contamination sources shall be summarized in a table or list including distance and direction from the well site and shall also be shown on a map surrounding the well site. The table or list shall include information obtained by checking the department’s database of contaminated properties, established in accordance with ss. 292.12 (3), 292.31 (1), and 292.57, Stats.

NR 811.12 Note Note: The department’s database of contaminated properties, established in accordance with ss. 292.12 (3), 292.31 (1), and 292.57, Stats., can be found on the department’s Bureau for Remediation and Redevelopment internet web site. The Bureau for Remediation and Redevelopment Tracking System (BRRTS) is an on-line database that provides information on areas of known contaminated soil or groundwater and tracks the status of the cleanup actions. RR Sites Map is the program’s geographic information system that provides a map-based system of contaminated properties in Wisconsin. Information that appears on the RR program’s database and GIS applications can also be obtained by contacting the regional drinking water staff person responsible for the water system. A copy of A Guide For Conducting Potential Contaminant Source Inventories For Wellhead Protection may be obtained from the department.

NR 811.12(6)(e) (e) Establishment of a well head protection area for the proposed well. The well head protection area shall encompass, at a minimum, that portion of the recharge area equivalent to a 5 year time of travel to the well. The well head protection area may be determined by a hydrogeologic investigation.

NR 811.12(6)(f) (f) A public education program for well head protection.

NR 811.12(6)(g) (g) A water conservation program.

NR 811.12(6)(h) (h) A contingency plan for providing safe water and protecting the well from contamination based on the inventory and assessment of potential contamination sources.

NR 811.12(6)(i) (i) A management plan, which assesses alternatives for addressing potential contamination sources, describes the local ordinances, zoning requirements, monitoring program, and other local initiatives proposed within the well head protection area established in par. (e), and addresses maintaining the minimum contamination source separation distances established by well siting in sub. (5) (d).

NR 811.12 Note Note: A copy of Example Wellhead Protection Ordinances may be obtained from the department’s Bureau of Drinking Water and Groundwater located in Madison.

NR 811.12(6)(j) (j) The well head protection plan shall be labeled with the name and signature of the person who prepared the plan, the date that the plan was signed, and the name of the company or water system which the person represents. An owner approval letter shall be submitted when required in accordance with s. NR 811.10.