Chapter NR 812

NR 812.07(79m) (79m) “Proposed landfill” means a landfill for which actual notice of the intention to develop the facility has been given to the owners of property located within 1,200 feet of the proposed facility or for which a request has been made under s. 289.22 (1m), Stats., provided that a feasibility report under s. 289.23, Stats., is submitted to the department within 2 years after the applicable notice or request. Proposed landfill does not include a facility the department has determined to be not feasible under s. 289.23, Stats., or a facility for which the department has determined that an approval for the facility is not being pursued with reasonable diligence.

NR 812.07(79p) (79p) “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 812.07(79t) (79t) “Property transfer well inspector” means an individual authorized under s. NR 812.44 (1) to conduct a property transfer well inspection.

NR 812.07(79x) (79x) “Psi” means pressure expressed in pounds of force per square inch of area.

NR 812.07(80) (80) “Public water system” has the meaning specified in s. NR 809.04 (67).

NR 812.07 Note Note: Section NR 809.04 (67) defines “public water system” as a system for the provision to the public of piped water for human consumption through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system is either a “community water system” or a “non-community water system.” A public water system: (a) includes any collection, treatment, storage and distribution facilities under control of the water supplier for the public water system and used primarily in connection with the system; (b) includes any collection or pretreatment storage facilities not under the control of the water supplier for the public water system, which are used primarily in connection with the system; (c) does not include any “special irrigation district.”

NR 812.07(80m) (80m) “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 812.07(81) (81) “Pump installer” means an individual who performs pump installing.

NR 812.07(82) (82) “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 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 also 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 812.07 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 812.07(83) (83) “Pumping water level” means the elevation of the surface of the water in a well after a period of pumping at a given rate.

NR 812.07(84) (84) “Quarry” means an open or surface working in bedrock for the extraction of nonmetallic materials, usually construction stone, including those no longer in operation.

NR 812.07(85) (85) “Reconstruction” means modifying the original construction of a well. Reconstruction includes, but is not limited to deepening, lining, installing or replacing a screen, underreaming, hydrofracturing and blasting.

NR 812.07(86) (86) “Regional flood” has the meaning specified in s. NR 116.03 (41).

NR 812.07 Note Note: Section NR 116.03 (41) defines “regional flood” as a flood determined to be representative of large floods known to have occurred in Wisconsin or which may be expected to occur on a particular lake, river or stream once in every 100 years.

NR 812.07(87) (87) “Reservoir” means a closed structure for storage of water constructed entirely above or partially below the ground surface, including a constructed tank or manufactured water storage vessel.

NR 812.07(89) (89) “Salvage yard” or “junkyard” means a site or facility used for storing, processing, wrecking, dismantling, demolition, buying or selling of salvageable materials, scrap, automobile bodies or parts. This term does not include litter or debris scattered along or on a roadway, temporary outdoor storage of junk for limited duration, or smaller accumulations of junk on residential lots for personal use.

NR 812.07(90) (90) “Sanitary building drain” has the meaning specified for “building drain, sanitary” in s. SPS 381.01 (41).

NR 812.07 Note Note: Section SPS 381.01 (41) defines “building drain, sanitary” as a building drain which conveys wastewater consisting in part of domestic wastewater.

NR 812.07(91) (91) “Sanitary building sewer” has the meaning specified for “building sewer, sanitary” in s. SPS 381.01 (45).

NR 812.07 Note Note: Section SPS 381.01 (45) defines “building sewer, sanitary” as a building sewer which conveys wastewater consisting in part of domestic wastewater.

NR 812.07(92) (92) “Sanitary collector sewer” means a sanitary sewer serving 2 or more sanitary building sewers.

NR 812.07(93) (93) “Sanitary condition” means, when referring to a well, reservoir, or spring:

NR 812.07(93)(a) (a) That the construction of the well, reservoir or spring and the installation of the pumping equipment are such that the well, reservoir or spring is effectively protected against entrance of surface contamination, and

NR 812.07(93)(b) (b) That the location and the surrounding area are free from debris or filth of any character and not subject to flooding.

NR 812.07(94) (94) “School” has the meaning specified in 42 USC 300j-21 (6). “School” does not include athletic fields, school forests, environmental centers, home-based schools, and Sunday schools.

NR 812.07 Note Note: 42 USC 300j-21 (6) defines “school” as any elementary school or secondary school as defined in section 7801 of Title 20 and any kindergarten or day care facility.

NR 812.07(94b) (94b) “School well” means a well serving a school.

NR 812.07(94g) (94g) “Scrap metal processing facility” means a facility at which machinery or equipment, or both, are used for the processing and manufacturing of iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous scrap for sale for resmelting purposes.

NR 812.07(94r) (94r) “Septage” has the meaning specified in s. NR 113.03 (55).

NR 812.07 Note Note: Section NR 113.03 (55) defines “septage” as the wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms.

NR 812.07(95) (95) “Septic tank” has the meaning specified in s. NR 113.03 (56).

NR 812.07 Note Note: Section NR 113.03 (56) defines “septic tank” as a tank which receives and partially treats sewage through processes of sedimentation, oxidation, flotation and bacterial action so as to separate solids from the liquid in the sewage and discharges the liquid to a soil absorption system.

NR 812.07(96g) (96g) “Sludge” has the meaning in s. NR 500.03 (212).

NR 812.07 Note Note: Section NR 500.03 (212) defines “sludge” as any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility.

NR 812.07(96m) (96m) “Sodium bentonite” means a clay formed from the decomposition and recrystallization of volcanic ash and is largely composed of the clay mineral montmorillonite (Na.33 (Al1.67Mg.33) Si4O10 (OH)2), commonly referred to as “western” or “Wyoming” bentonite, and has extensive ability to absorb water and swell to many times its original volume.

NR 812.07(97) (97) “Soil absorption unit” means an absorption field, dry well, seepage bed, seepage pit, seepage mound or seepage trench designed for the disposal of wastewater effluent or clear water wastes by soil absorption. Soil absorption unit includes units both regulated and not regulated by ch. SPS 383 and units abandoned within 3 years.

NR 812.07(97m) (97m) “Solid waste processing facility” has the meaning specified for “processing facility” in s. NR 500.03 (181).

NR 812.07 Note Note: Section NR 500.03 (181) defines “processing facility” as a solid waste facility at which solid waste is baled, shredded, pulverized, composted, classified, separated, combusted or otherwise treated or altered by some means to facilitate further transfer, processing, utilization or disposal. Processing facilities do not include operations conducted by scrap metal, paper, fiber or plastic processors which are excluded from the definition of “solid waste facilities” in this section.

NR 812.07(97r) (97r) “Solid waste storage facility” has the meaning specified for “storage facility” in s. NR 500.03 (224).

NR 812.07 Note Note: Section NR 500.03 (224) defines “storage facility” as a solid waste facility for the storage of solid waste, on a temporary basis in such a manner as not to constitute ultimate disposal of solid waste.

NR 812.07(98) (98) “Solid waste transfer facility” has the meaning specified for “transfer facility” in s. NR 500.03 (238).

NR 812.07 Note Note: Section NR 500.03 (238) defines “transfer facility” as a solid waste facility at which transferring of solid waste from one vehicle or container to another, generally of larger capacity, occurs prior to transporting to the point of processing or disposal.

NR 812.07(99) (99) “Special well casing depth area” means an area established by the department requiring greater depth of well casing pipe, sampling or other stringent well or drillhole construction methods because of contamination.

NR 812.07 Note Note: A list of established special well casing depth areas is available on the department’s website at dnr.wi.gov.

NR 812.07(101) (101) “Spring” means a place where groundwater flows naturally from rock or soil onto the land surface or into a body of water.

NR 812.07(102) (102) “Standard dimension ratio” means the ratio of average outside pipe diameter to minimum pipe wall thickness.

NR 812.07(103) (103) “Static water level” means the level of the surface of the water in a well or water pressure at the top of a well, when no water flows or is being pumped. For flowing wells with a positive water pressure at the top of the well, the static water elevation is determined either by a stilling pipe or pressure gauge. Water levels are referenced to the elevation of the top of the well or the established ground surface at the well.

NR 812.07(106) (106) “Storm sewer” means a buried pipe designed or used for collecting or conveying storm water.

NR 812.07(107) (107) “Subsoil drain” means that part of a drain system that conveys groundwater to a point of discharge or dispersal.

NR 812.07(108) (108) “Sump” means a tank or pit that receives wastewater that must be emptied by mechanical means.

NR 812.07(108r) (108r) “Surface water” means all water which is open to the atmosphere and subject to surface runoff.

NR 812.07(109) (109) “Surge tank” means a tank into which overflow from a flowing well, spring or other water source is discharged and is repumped to a pressure tank or the water system.

NR 812.07(110) (110) “Telescoping method” means a method for setting a well screen where the well casing pipe is driven to the proposed screen setting depth and the well casing pipe is then pulled back to expose the screen. A packer is used to seal the annulus between the top of the screen and the bottom of the well casing pipe.

NR 812.07(110m) (110m) “Temporary manure stack” means solid manure only, piled for no more than 120 days within any one year period.

NR 812.07(110s) (110s) “Temporary outer casing” means a string of casing pipe that is driven, turned or placed from the ground surface into the surficial geological formation or formations as part of the process of constructing an upper enlarged drillhole and which is not intended to be left in place as a permanent well casing pipe.

NR 812.07(111) (111) “Top of bedrock” means the top of firm rock as determined by a change in the action of the drilling machine or a change in the type and size of the drill cuttings. The presence of bedrock shall be indicated when a majority of the drill cuttings consist of either angular rock fragments, as in the case of crystalline bedrock, or rock fragments composed of individual grains or rock particles that are cemented together to form an aggregate, as opposed to single sediment particles, such as in sand.

NR 812.07(111m) (111m) “Treatment pond” means a structure that is used for the treatment or storage of liquid waste. Treatment pond includes absorption, retention, storage and treatment ponds or lagoons.

NR 812.07(112g) (112g) “Unconsolidated formation” means geological materials composed of clay, silt, sand, gravel, or cobbles that are not bedrock, and includes alluvium, glacial drift, glacial outwash, glacial till, lacustrine deposits, loess, and saprolite.

NR 812.07(112k) (112k) “Upper enlarged drillhole” means a drillhole larger in diameter than the well casing pipe.

NR 812.07(112m) (112m) “Upstream” means, with respect to the pump installation discharge and pressure system, in a direction back towards the well.

NR 812.07 Note Note: In previous versions of this rule the term “prior to” was used in lieu of the term “upstream.”

NR 812.07(112p) (112p) “Valve pit” means a pit that contains only piping and valves. Valve pits do not contain pressure tanks.

NR 812.07(112q) (112q) “Variance” means a department approval to construct or install a water system or a portion of a water system in a manner not in strict compliance with the requirements of this chapter.

NR 812.07(112v) (112v) “Vegetated treatment area,” formerly known as “filter strip,” means a component of an agricultural waste management system that is an area or strip of herbaceous vegetation designed and constructed to Natural Resources Conservation Service (NRCS) Standard 635 specifications, located adjacent to an animal barn, animal barn pen, animal shelter, animal yard or a manure storage facility and which is intended to improve water quality by reducing pollutants associated with animal manure and other agricultural wastewater runoff.

NR 812.07(114) (114) “Walkout basement” means a basement with the floor at ground grade level on at least one side of the structure.

NR 812.07(115) (115) “Wastewater” means any water carrying wastes created in and conducted away from residences, industrial establishments and public buildings with ground or surface water which may be present including any liquid wastes except clear water wastes.

NR 812.07(116) (116) “Wastewater treatment plant” has the meaning specified in s. NR 114.52 (22).

NR 812.07 Note Note: Section NR 114.52 (22) defines “wastewater treatment plant” as a facility that provides for the treatment of sanitary or industrial wastewater or both.

NR 812.07(116m) (116m) “Wastewater treatment plant well” means a well serving a wastewater treatment plant.

NR 812.07(117) (117) “Water supply” means the sources, wells, pumps and intake and storage structures from which water is supplied for any purpose.

NR 812.07(118) (118) “Water system” means the water supply, storage, treatment facilities and all structures and piping by which water is provided for any purpose.

NR 812.07(119) (119) “Well” has the meaning specified in s. 281.34 (1) (h), Stats.

NR 812.07 Note Note: Section 281.34 (1) (h), Stats., defines “well” as any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater.

NR 812.07(119g) (119g) “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 812.07(120) (120) “Well cap or seal” means an approved apparatus or device used to cover the top of a well casing pipe.

NR 812.07(121) (121) “Well casing pipe” means pipe meeting standards specified in s. NR 812.11.

NR 812.07(122) (122) “Well constructor” means any person that constructs a well which is not required to be constructed by a licensed individual water well driller or a registered water well drilling business.

NR 812.07(123) (123) “Well driller” means an individual who performs well drilling.

NR 812.07(124) (124) “Well drilling” has the meaning specified in s. 280.01 (8), Stats., and includes any activity that requires the use of a well drilling rig or similar equipment, or any activity conducted using a well drilling rig or similar equipment with the exception of the driving of points having pipe or casing smaller than three inches in diameter. Well drilling also includes constructing a well or performing any activity that 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. Attaching well casing pipe to the upper portion of a well to extend the well out of a pit is not considered well drilling.

NR 812.07 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 812.07(124m) (124m) “Well notification” means a notice provided to the department in accordance with s. 281.34 (3), Stats.

NR 812.07(126) (126) “Well vent” means a screened opening in a well seal to allow atmospheric pressure to be maintained in the well.

NR 812.07(127) (127) “Well yield” means the quantity of water which may flow or be pumped from the well per unit of time.

NR 812.07 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (3), (4), (48), (61m), (74) (b), (79), (81), (82), (107) and (119), cr. (27m) (30f), (30m), (30t), (30x), (72m), (79m), (97m) and (110m), renum. (36) and (39) to be (61q) and (61u) and am. Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (29), (30) and (79m) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1996, No. 489; corrections in (50), (81), (97), (123) and (124) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516; correction in (71) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 05-020: cr. (24m) and (57w) Register January 2006 No. 601, eff. 2-1-06; corrections in (28) and (56) made under s. 13.92 (4) (b) 6. and 7., Stats., Register July 2010 No. 655; correction in (29), (97) made under s. 13.92 (4) (b) 6., 7., Stats., and (29) renumbered to (35g) under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672; CR 13-096: am. (33) (a), cr. (50e), CR 13-099: cr. (1d), (1h), (1p), (1t), am. (3), (4), (6), (10), cr. (10m), (17m), (19m), am. (23), (24), cr. (27t), (29m), am. (35), cr. (35e), am. (38), cr. (41m), (47m), am. (49), renum. (51) to (50), (52) to (51), am. (53), (54), cr. (54g), (54r), (55m), am. (57m), cr. (57s), am. (60), cr. (61g), am. (64), (67), (72), (74) (b), cr. (74) (c) to (e), (75c), (75g), (75L), (75p), (75t), (75x), (79e), (79p), (79t), am. (80), cr. (80m), r. and recr. (82), am. (84), cr. (85m), am. (86), (90), (91), (93) (intro.), (a), (94), cr. (94g), (94r), (96g), am. (104) to (108), cr. (108r), (110s), renum. (112g) to (111m), cr. (112m), (112v), (119g), am. (122), r. and recr. (124), cr. (124m) Register September 2014 No. 705, eff. 10-1-14; correction in (67) made under s. 35.17, Stats., Register September 2014 No. 705; CR 18-095: r. (1d), cr. (1r), am. (10), r. (10m), (13), (19), (21), am. (22), r. and recr. (23), (24), (27t), r. (29m), (30x), am. (31), (32), (33), r. (33) (a) to (c), am. (35), r. (35e), cr. (36), r. and recr. (38), r. (42), r. and recr. (43), (44), (45), r. (47m), r. and recr. (48), am. (49), (50), cr. (50b), (50d), r. and recr. (50e), r. (50m), r. and recr. (52), (54), r. (54g), (55), (55e), (55m), cr. (55s), am. (56), r. (57), cr. (57k), r. and recr. (57m), (57s), (57w), r. (59), (60), cr. (60e), (60m), (60s), r. and recr. (62), r. (63), r. and recr. (64), am. (67), cr. (69m), r. (70), (72m), am. (73), (75), r. (75c), r. and recr. (75L), (75p), (75t), (75x), cr. (77m), r. and recr. (79), am. (79m), (79t), renum. (80) (intro.) to (80) and am., r. (80) (a), (b), r. and recr. (81), r. (85m), r. and recr. (86), am. (87), r. (88), r. and recr. (89), (90), (91), (94), cr. (94b), r. and recr. (94r), (95), r. (96), r. and recr. (96g), (97m), cr. (97r), r. and recr. (98), am. (99), r. (100), (104), (105), am. (106), (111), r. (112), cr. (112g), (112k), (112p), am. (112q), (112v), r. (113), am. (114), (116), cr. 116m, r. and recr. (119), am. (121), r. and recr. (123), am. (124), am. (124m), (124m), r. (125), (128) Register June 2020 No. 774, eff. 7-1-20; corrections in (56) made under s. 13.92 (4) (b) 7. and 35.17, Stats., and correction in (22), (91) made under s. 35.17, Stats., Register June 2020 No. 774; correction in (23) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781; CR 21-070: cr. (79x) Register July 2022 No. 799, eff. 8-1-22.

NR 812.08 NR 812.08 Water well, reservoir and spring location.

NR 812.08(1) (1) General. Any potable or nonpotable well, reservoir, or spring shall be located:

NR 812.08(1)(a) (a) So the well and its surroundings can be kept in a sanitary condition.

NR 812.08(1)(b) (b) So that the well, reservoir or spring is protected from surface water flow and flooding, and located at the highest point on the property consistent with the general layout and surroundings if reasonably possible.