NR 812.02 NoteNote: Certain diversions of surface water for nonpotable uses require a permit under ch. 30, Stats. NR 812.02(2)(2) For the purposes of filling and sealing, the provisions of this chapter apply to all drillholes and wells including elevator shaft drillholes, unsuccessful or noncomplying heat exchange drillholes, mining exploration drillholes not regulated by ch. NR 132 or subch. III of ch. 295, Stats., and wells and drillholes not regulated by s. NR 141.25. NR 812.02(3)(3) For the purposes of the prohibition of the underground placement of any substance as defined in s. 160.01 (8), Stats., the provisions of this chapter apply to all wells and drillholes. NR 812.02(4)(4) The requirements of s. NR 812.08 do not apply to water withdrawal or use that is associated with mining operations or bulk sampling regulated under subch. III of ch. 295, Stats. NR 812.02 NoteNote: Private water systems and noncommunity water systems, located in counties delegated authority to administer this chapter under ch. NR 845, are subject to county permit requirements. NR 812.02 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (a) and (2), cr. (3), Register, September, 1994, No. 465, eff. 10-1-94; correction in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; CR 13-099: am. (1) (b), (2) Register September 2014 No. 705, eff. 10-1-14; CR 13-057: am. (2), cr. (4) Register July 2015 No. 715, eff. 8-1-15; correction in (2) made under s. 35.17, Stats., Register July 2015 No. 715. NR 812.03NR 812.03 Cooperation with the department. NR 812.03(1)(1) Well 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. Heat exchange drillers shall notify the department no less than one work day prior to constructing or reconstructing a heat exchange drillhole. NR 812.03(3)(3) Well and heat exchange drillers and well constructors shall contact the department to determine if any special construction is required if the well or heat exchange driller or well constructor proposes to construct or reconstruct a well or heat exchange drillhole on a property that is located within the service area of a municipally owned water system. NR 812.03(4)(4) Well and heat exchange drillers and well constructors shall, when requested by the department, contact the department to determine if any special construction is required if the well or heat exchange driller or well constructor is engaged to construct a new well or heat exchange drillhole or reconstruct an existing well because the existing well or heat exchange drillhole is known to contain contaminants in excess of the drinking water standards in ch. NR 809. NR 812.03 NoteNote: Properties that are identified by the department as having residual contamination and continuing obligations can be found by searching the Wisconsin Remediation and Redevelopment Database which is available on the department’s website at dnr.wi.gov, search “WRRD.”
NR 812.03(5)(5) Heat exchange drillers shall contact the local water supply utility in order to determine whether the project is located within a wellhead protection area or within 400 feet of a municipal well. NR 812.03 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; CR 00-111: am., Register October 2001 No. 550, eff. 11-1-01; CR 13-096: am (1), (3), (4), cr. (5), CR 13-099: am. (1), r. (2) Register September 2014 No. 705, eff. 10-1-14. NR 812.04NR 812.04 Contracts for noncomplying installations. NR 812.04(1)(1) Well and heat exchange drillers, pump installers and well constructors shall ensure that the construction and reconstruction of wells, heat exchange drillholes or the installation of pumping equipment adheres to all the applicable provisions of this chapter or to approved comparable construction or installation requirements. Well and heat exchange drillers, pump installers and well constructors may not enter into any agreement, written or oral, for construction, reconstruction or installation which does not require compliance with the applicable provisions of this chapter or with approved comparable construction or installation requirements. NR 812.04(2)(2) When there is any construction, reconstruction or equipment installation on a noncomplying feature, the feature shall be upgraded and brought into compliance with the specifications in this chapter for new construction. The well driller or pump installer shall inform the water system owner or user of the water system of other noncomplying features, that are apparent and known, in writing on a department form. A copy of the form shall be filed with the department by the well driller, pump installer or by the water system owner or user within 10 days after the initial evaluation of the water system has been completed if the required repairs are not made. NR 812.04 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (2), Register, September, 1994, No. 465, eff. 10-1-94; CR 13-096: am. (1) Register September 2014 No. 705, eff. 10-1-14. NR 812.05NR 812.05 Disposal of pollutants; injection prohibition. NR 812.05(1)(a)(a) “Drillhole” includes any excavation or opening that is deeper than it is wide, even if it extends less than 10 feet below the ground surface. NR 812.05(1)(b)(b) “Well” includes any excavation that is deeper than it is wide regardless of the excavation’s depth or purpose. NR 812.05(2)(2) The use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance, as defined in s. 160.01 (8), Stats., underground is prohibited unless any of the following apply: NR 812.05(2)(a)(a) The placement is a department-approved activity necessary for any of the following: NR 812.05(2)(a)1.1. The construction, rehabilitation or operation of a well, drillhole or water system. NR 812.05(2)(b)(b) The placement consists of grouting, sealing or filling and sealing materials as specified in s. NR 812.20 or 812.26; grouting or filling and sealing materials as specified in s. NR 811.13; annular space sealing or filling and sealing materials specified in s. NR 141.13 or 141.25; or other similar materials containing additives approved under sub. (3). NR 812.05(2)(c)(c) The placement consists of bentonite grout, cement or concrete, or other similar materials containing additives approved under sub. (3), for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement. NR 812.05(3)(3) The department may approve alternative materials or additives that are to be used in conjunction with the activities noted under sub. (2). Approval shall be based on, but not limited to, such factors as the potential toxicity of an alternative material or additive, the effectiveness of an alternative material or additive for its specified use, the amount or quantity of material to be used, and the potential for use of an alternative material to result in groundwater contamination or otherwise harm human health or the environment. NR 812.05(4)(4) Only department approved groundwater tracers may be used for hydrogeologic studies. Approval shall be based on, but not limited to, such factors as the potential toxicity of a tracer, the effectiveness of a tracer for its use as specified in an application for approval, and the potential for use of a tracer to result in groundwater contamination or otherwise harm human health or the environment. A list of previously approved groundwater tracers is available from the department upon request. NR 812.05(5)(5) The following activities are not prohibited by this section: NR 812.05(5)(a)(a) Circulation of water or a food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole. NR 812.05(5)(b)(b) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault. NR 812.05(5)(c)(c) Except for the disposal of a waste material, the placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post. NR 812.05(5)(d)(d) Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground. NR 812.05(5)(e)(e) Injection activities conducted in conjunction with placement of backfill into an underground nonferrous metallic mine approved under ch. NR 132 or in connection with placement of backfill into an underground ferrous mine approved under subch. III of ch. 295, Stats. NR 812.05 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, September, 1994, No. 465, eff. 10-1-94; am. Register, May, 2000, No. 533, eff. 6-1-00; CR 13-099: am. (2) (b) Register September 2014 No. 705, eff. 10-1-14; CR 13-057: am. (5) (e) Register July 2015 No. 715, eff. 8-1-15. NR 812.06NR 812.06 Drinking water standards. Private or non-community water systems producing water containing contaminant levels in excess of the primary drinking water standards contained in ch. NR 809, the enforcement standards contained in ch. NR 140, or other advisory levels identified by the department may be designated by the department as contaminated. NR 812.06 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465. NR 812.07NR 812.07 Definitions. The following terms are defined as follows: NR 812.07(1)(1) “Adequate water supply” means a water supply which has a well yield and the pump capacity to provide the quantity and quality, where obtainable, according to s. NR 812.06, of water necessary for human or sanitary use, or for the preparation of food products and other purposes for which the water is intended to be used. NR 812.07(1h)(1h) “Agricultural crop field” means land where there is evidence that agricultural crops were or are being grown. NR 812.07(1p)(1p) “Air-gap” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood level rim or spill level of the receptacle. NR 812.07(1r)(1r) “Alcove” means a pit that shares a wall with a basement and is accessible from the basement. NR 812.07 NoteNote: In prior versions of ch. NR 812, an alcove was also sometimes referred to as a “subsurface pumproom.” NR 812.07(1t)(1t) “Animal barn” means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot. NR 812.07(2)(2) “Animal barn pen” means a covered, enclosed concrete area where animals are kept. NR 812.07(3)(3) “Animal yard” means an uncovered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet kennel enclosing 5 or fewer adult pets on a residential lot. An animal yard includes any fenced area where animals are kept or have access including pastures, feed lots, pens, calf hutches, lanes, and riding corrals. NR 812.07(4)(4) “Animal shelter” means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot. NR 812.07(5)(5) “Annular space” means the space between 2 concentric cylinders or circular objects, such as the space between an upper enlarged drillhole and a well casing pipe. NR 812.07(6)(6) “API” means the American Petroleum Institute. NR 812.07 NoteNote: The API address is 1220 L Street NW, Washington DC 20005-4070.
NR 812.07(7)(7) “Approval” means the prior approval of the department. NR 812.07(8)(8) “Approved” means approved by the department. NR 812.07(9)(9) “ASSE” means American society of sanitary engineering. NR 812.07(10)(10) “ASTM” or “ASTM International” means the international technical standards organization originally known as the American Society for Testing and Materials. NR 812.07 NoteNote: The ASTM International headquarters address is 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19148-2959.
NR 812.07(11)(11) “Aquifer” means a geological layer of either unconsolidated material, usually sand or gravel or both, or bedrock lying below the ground surface, that is all or partially saturated with water and permeable enough to allow water to be extracted as from a well. NR 812.07(12)(12) “Artesian pressure” means water pressure in an aquifer sufficient enough to cause the groundwater level in a well to rise above the level at which it was encountered in the well whether or not the water flows at the ground surface. NR 812.07(16)(16) “Bail-down method” means a method for setting a screen whereby the screen is fitted with an open pipe sleeve or a bail-down shoe at its lower end and sediment is removed from below the screen to allow the screen to settle into place. NR 812.07(17)(17) “Basement” means a subsurface structure or part of a structure in which the floor is entirely below grade. NR 812.07(17m)(17m) “Batch chlorination” means the process of disinfecting a well by injecting, in one continuous pour, a chlorine solution that equals or exceeds the volume of standing water in the well and by using a process that recirculates the solution through the pump and pump discharge piping system back into the well. NR 812.07(18)(18) “Bedrock” means any naturally formed consolidated or coherent material of the earth’s crust, composed of one or more minerals, rock fragments or organic material that underlies any soil or other unconsolidated surficial material or is exposed at the surface. Bedrock includes, but is not limited to limestone (dolomite), sandstone, shale and igneous and metamorphic crystalline rock, including granite, rhyolite, quartzite, gabbro, basalt, gneiss, schist, diorite and greenstone. NR 812.07(19m)(19m) “Chemical conditioning” means using department-approved chemicals or products to restore a well to its original capacity, production capability or water quality. NR 812.07(20)(20) “Cistern” means a tank in which rainwater is stored or collected. NR 812.07(22)(22) “Clay slurry” means a fluid mixture of water, clean native clay, and drill cuttings or sand. NR 812.07 NoteNote: Section SPS 381.01 (56) defines “clear water” as wastewater other than storm water, having no impurities or where impurities are below a minimum concentration considered harmful by the department, including but not limited to noncontact cooling water and condensate drainage from refrigeration compressors and air conditioning equipment, drainage of water used for equipment chilling purposes and cooled condensate from steam heating systems or other equipment. NR 812.07 NoteNote: Section NR 810.02 (6) defines “community water system” as a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, 10 or more duplex units, or 10 or more condominium units shall be considered a community water system unless information is provided by the owners indicating that 25 year-round residents will not be served. NR 812.07(24m)(24m) “Comparable protection” means to substitute alternative protective measures to provide similar or equal sanitary protection to that provided by this chapter including the well location requirements of s. NR 812.08. NR 812.07(25)(25) “Conduit” means piping or tubing used to protect discharge or suction piping or electrical wires. NR 812.07(26)(26) “Confining bed” means a geological layer of either unconsolidated material, usually clay or hardpan, or bedrock, usually shale, that is all or partially saturated with water and having permeability low enough relative to the aquifer to give the water in the aquifer artesian head. NR 812.07(27)(27) “Contaminant” means any physical, chemical, biological or radiological substance or matter in water. NR 812.07(27m)(27m) “Crawl space” means the space below a building having no basement; the space being at ground grade, in a depression or in an excavation. NR 812.07 NoteNote: Section NR 810.02 (9) defines “cross connection” as a connection or potential connection between any part of a water supply system and another environment containing substances in a manner that, under any circumstances, would allow the substances to enter the water supply system by means of back siphonage or back pressure. NR 812.07(30)(30) “Department” means the department of natural resources. NR 812.07(30f)(30f) “Detention basin” means an excavation into soils having low permeability or installed with a liner having low permeability, not having a permanent pool of water, designed and constructed to temporarily hold storm water to reduce peak discharges of storm water for flood control and to allow for the physical settling of pollutants. NR 812.07(30m)(30m) “Detention pond” means an impoundment that has a permanent pool of water and is designed to have the capacity to temporarily store storm water runoff to provide flood control and to allow for the physical settling of pollutants. NR 812.07(30t)(30t) “Ditch” means a long narrow excavation dug in the earth for the drainage of surface water. NR 812.07(31)(31) “Drawdown” means the extent to which the water level or hydraulic head in and near a well is lowered when water is pumped or flows from the well. NR 812.07(32)(32) “Drilled well” means a well constructed by boring, drilling, jetting, driving or similar methods. “Drilled well” includes a well constructed by driving a point in combination with a process to remove material below the 10-foot depth, or by a combination of jetting and driving. NR 812.07(33)(33) “Drillhole” means an excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface constructed for any purpose other than to obtain groundwater. NR 812.07(34)(34) “Drilling mud” means a fluid mixture of water, sodium bentonite, drill cuttings and any approved additives.
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