Chapter NR 812

NR 812.38(2)(b) (b) Injection of pesticides.

NR 812.38(2)(b)1. 1. The injection of pesticides into a nonpotable well, well pump suction pipe, or pump column is prohibited. No person may inject pesticides into a nonpotable well, well pump suction pipe, or pump column.

NR 812.38(2)(b)2. 2. Pesticide may be injected in the discharge pipe of a booster pump delivering water from a tank or pond into which the well pump discharges through an air gap from a point at least 2 discharge pipe diameters above the overflow level of the tank or pond.

NR 812.38(2)(b)3. 3. Pesticide may be injected into the well pump discharge pipe of a nonpotable water system if it is injected with a positive displacement type chemical feed pump or other approved equipment at a point downstream of a reduced pressure principle backflow preventer, which complies with ch. SPS 384 and is installed in the well pump discharge pipe at the well site but subject to the following conditions:

NR 812.38(2)(b)3.a. a. The department shall be notified by the owner of the nonpotable water system of when and where a reduced pressure principle backflow preventer is installed in a system and when it is removed,

NR 812.38(2)(b)3.b. b. The reduced pressure principle backflow preventer shall be installed and maintained in accordance with ch. SPS 382,

NR 812.38(2)(b)3.c. c. The reduced pressure principle backflow preventer shall be installed above the regional flood level and the location shall be accessible for testing, inspection and maintenance,

NR 812.38(2)(b)3.d. d. The reduced pressure principle backflow preventer may not be bypassed or made inoperative nor removed from an irrigation system in which pesticides continue to be injected into the well pump discharge pipe,

NR 812.38(2)(b)3.e. e. Annual testing of the reduced pressure principle backflow preventer shall be conducted with a differential pressure gauge in accordance with the ASSE Standard 1013 testing method for reduced pressure principle backflow preventers by a DSPS listed backflow prevention device tester, and the owner of the system shall send a report of the test results to DSPS at least once each year, and

NR 812.38(2)(b)3.f. f. Pesticide application and use in compliance with this section shall conform to ch. ATCP 29.

NR 812.38 Note Note: Lists of DSPS approved reduced principle backflow preventers are available from DSPS. Listing as a tester of reduced pressure principle backflow preventers may be obtained following successful completion of a training course accepted by DSPS. Lists of testers willing to perform the required testing are available from DSPS.

NR 812.38(2)(b)4. 4. Pesticide may be introduced into the well pump discharge pipe of a nonpotable water system if it is aspirated into the well pump discharge pipe with a venturi-type aspirator and the injection point is downstream of a barometric pipe loop extending at least 35 feet above the highest part of the downstream discharge piping.

NR 812.38 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; correction in (2) (b) 3. f. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats, Register, May, 2000, No. 533; correction in (2) (a) 3., (b) 3. (intro.), b., e. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 18-095: am. (1), r. and recr. (2) (a) 1., (b) 1. Register June 2020 No. 774, eff. 7-1-20.

NR 812.39 NR 812.39 High capacity well water level and water usage measurement.

NR 812.39(1) (1) Well water level measurement. The department may require the installation and calibration of means for the measurement of static and pumping well water levels for any high capacity well and may require the operator of the well to submit monthly reports of this information. Installation shall be made in a manner as to prevent entrance of contaminants to the water system and in compliance with approval conditions and as depicted in Figure 3 of ch. NR 812 Appendix.

NR 812.39(1)(a) (a) When an air line with altitude gauge is installed in a well, the equipment and installation shall meet the following requirements:

NR 812.39(1)(a)1. 1. When the top of the well is not housed in a pumphouse or other structure, that portion of the air line extending above the pump discharge head or well seal, and to a depth of at least 3 feet into the well, shall be metal or shall be fiber or wire-braided reinforced tubing. An “air quick-disconnect” fitting shall be installed for the top of the air line such that the altitude or pressure gauge may be easily removed and stored in a dry place when water levels are not being measured. The “air quick-disconnect” fitting shall be installed to point downward or shall be capped such that contaminants cannot enter the air line.

NR 812.39(1)(a)2. 2. A silicone rubber sealant or a watertight threaded metal fitting shall be used to seal the opening in the pump discharge head or the well seal through which the air line extends.

NR 812.39(1)(b) (b) When an electrical water level sensing device, a steel tape or similar means for use in measuring water levels is used in lieu of an air line with altitude gauge, the opening in the pump discharge head or well seal used for the measurements shall be sealed watertight when water levels are not being measured.

NR 812.39(2) (2) Recording total water usage. The department may require the installation and calibration of means for the recording of total water usage from a high capacity well and shall require the operator of the well to submit monthly reports of this information.

NR 812.39 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; CR 18-095: am. (1), (2) Register June 2020 No. 774, eff. 7-1-20.

NR 812.40 NR 812.40 Above ground pumphouses. When a structure is constructed to house a well, pump, pressure tank, other appurtenances or any combination thereof, the structure shall be weather- and frost-proof, if needed. Above ground pumphouses shall be constructed with the following minimum features:

NR 812.40(1) (1) When a poured-concrete floor is provided, the top of the floor shall be at least 4 inches above the established ground grade and sloped toward the drain or door, or away from the well. A watertight bond shall be provided between the well casing pipe and the concrete;

NR 812.40(2) (2) A door opening outward when the structure is large enough, or a trapped floor drain discharging to the ground surface at least 8 feet from the well when a door is not installed;

NR 812.40(3) (3) Protection from freezing for the well, pressure tank and piping, if needed;

NR 812.40(4) (4) Hinged roof or removable hatch over the well or some provision for pulling the pump; and

NR 812.40(5) (5) The structure may not be used for storage of materials that could contaminate the well.

NR 812.40 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), Register, September, 1994, No. 465, eff. 10-1-94; CR 18-095: am. (5) Register June 2020 No. 774, eff. 7-1-20.

NR 812.41 NR 812.41 Disinfection, flushing and sampling.

NR 812.41(1) (1) Disinfection. When a potable well is entered for the purpose of installing, replacing or repairing equipment located within the well, the well and discharge piping shall be thoroughly disinfected by the pump installer or by the person who installed the pump using sodium hypochlorite or calcium hypochlorite. Chlorine compounds having additives may not be used.

NR 812.41(1)(a) (a) The disinfectant shall be dispersed throughout the entire water column and in the water system.

NR 812.41(1)(b) (b) A chlorine solution with a minimum of 100 mg/l of chlorine shall be used to disinfect wells and water systems.

NR 812.41(1)(c) (c) The disinfectant solution shall be prepared according to Table D and shall remain in the system at least 8 hours, except for emergency situations when water is needed without delay. A contact time of at least 30 minutes shall be provided for emergency situations.

NR 812.41(2) (2) Flushing. The pump installer or his or her agent shall thoroughly flush the system of chlorine after disinfecting and before the pump is placed in normal service.

NR 812.41(3) (3) Water sample collection, analysis, and reporting. The pump installer shall collect water samples, submit them to a certified laboratory for analysis, and provide the test results in compliance with s. NR 812.46.

NR 812.41 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (intro.), (3) (a), (c), Register, September, 1994, No. 465, eff. 10-1-94; CR 13-099: r. and recr. (3), cr. (4) Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1) (c), r. and recr. (3), r. (4) Register June 2020 No. 774, eff. 7-1-20.

subch. IV of ch. NR 812 Subchapter IV — Standards for Existing Installations

NR 812.42 NR 812.42 Criteria for evaluation. Each existing water system shall be viewed as an individual unit and its acceptability for use as a source of water shall be determined on the basis of its location, construction, installation, pump discharge piping arrangement, water quality, and sanitary condition. The owner shall provide written documentation verifying the date of construction or installation or both. Existing installations shall meet all of the following requirements:

NR 812.42(1) (1) Location, well construction and water quality.

NR 812.42(1)(a) (a) Location. The well location shall comply with the requirements in effect at the time the well was constructed as shown in Table E, or to the location requirements of s. NR 812.08, whichever is less restrictive. However, if a contamination source was installed after the well was constructed, the well location shall conform to the requirements in effect at the time of installation of the contamination source.

NR 812.42(1)(b) (b) Well construction.

NR 812.42(1)(b)1. 1. The well construction shall comply with the construction requirements in effect at the time the well was constructed or shall be in compliance with any standards or approval issued under ss. NR 812.09 to 812.25, except if the well was constructed prior to April 10, 1953, in which case the well construction shall be in compliance with the standards adopted on April 10, 1953.

NR 812.42(1)(b)2. 2. The well casing pipe shall meet the minimum wall thickness requirements of s. NR 812.11 Table B for its diameter and may not be in a deteriorated condition.

NR 812.42(1)(b)3. 3. For wells in basements or walkout basements, the well casing pipe depth shall be measured from the floor of the basement.

NR 812.42(1)(b)4. 4. Wells completed in unconsolidated formations, including both drilled and driven point wells, shall have minimum well casing pipe depth settings of at least 25 feet below the ground surface, not including the screen; or, if the static water level is deeper than 15 feet, shall have the minimum well casing pipe depth setting at least 10 feet below the static water level.

NR 812.42(1)(b)5. 5. Wells completed in sandstone shall have minimum well casing pipe depth settings below the ground surface as follows:

NR 812.42(1)(b)5.a. a. Twenty-five feet for wells constructed before February 1, 1991.

NR 812.42(1)(b)5.b. b. Thirty feet for wells constructed on or after February 1, 1991.

NR 812.42(1)(b)6. 6. Wells terminating in limestone or dolomite shall have minimum well casing pipe depth settings below the ground surface as follows:

NR 812.42(1)(b)6.a. a. Forty feet for wells constructed before July 1, 2020.

NR 812.42(1)(b)6.b. b. Sixty feet when the depth to bedrock is less than 10 feet below the ground surface and the well was constructed between February 1, 1991 and July 1, 2020.

NR 812.42(1)(b)6.c. c. Sixty feet when the depth to bedrock is less than 20 feet below the ground surface and the well was constructed after July 1, 2020.

NR 812.42(1)(b)7. 7. Wells terminating in bedrock other than sandstone, limestone, or dolomite shall have a minimum of 40 feet of casing pipe below the ground surface.

NR 812.42(1)(c) (c) Water quality. A well shall produce water free from coliform bacteria and free from contaminant levels in excess of the standards of s. NR 812.06. If the standards of s. NR 812.06 are exceeded, the department may require the water system to be upgraded to meet the requirements of this chapter or may require the well to be filled and sealed according to the criteria and requirements of s. NR 812.26.

TABLE E

HISTORIC MINIMUM SEPARATION DISTANCE REQUIREMENTS BETWEEN EXISTING POTABLE OR NONPOTABLE WELLS, RESERVOIRS, AND SPRINGS AND POSSIBLE SOURCES OF CONTAMINATION

NR 812.42(2) (2) Pits and alcoves. Existing well or pressure tank pits and alcoves constructed after April 10, 1953 shall comply with the minimum requirements specified in s. NR 812.36 (2). When a well in a pit is filled and sealed, the pit shall be filled in accordance with s. NR 812.26 (5) (m) unless the pit is a complying valve pit. If a building is constructed over a well pit or alcove, the well shall meet the requirements of a basement well as specified in s. NR 812.42 (9). Pits and alcoves constructed on or before April 10, 1953 shall meet the following minimum requirements:

NR 812.42(2)(a) (a) Construction. The entire pit or alcove, including the roof, shall be constructed of reinforced watertight poured concrete. If the pit or alcove has a history of being continuously dry, walls of concrete block, brick, or stone with mortared joints are allowed. The walls, floor and roof shall be crack-free and watertight. The junction of walls and floors and all openings in the structure shall be sealed watertight. The roof or deck shall be at or above the ground surface. Requirements for existing pits are shown in Figure 10 of ch. NR 812 Appendix. Requirements for existing alcoves are shown in Figure 11 of ch. NR 812 Appendix.

NR 812.42(2)(b) (b) Access. The pit or alcove shall be provided with a manhole opening, having a raised curbing edge at least 4 inches higher than the pit or alcove roof. A structurally substantial, waterproof, overlapping, tight-fitting cover with skirted sides shall be provided for the manhole. A watertight, cast-iron manhole frame and cover bolted in place with a gasket may be substituted for a curbed manhole. An alcove adjoining a basement or a pit not having the manhole centered over the well may have a section of well casing pipe installed directly above the well. This pipe shall be equal in size or larger than the well casing pipe and it shall be sealed with an approved well seal or cap.

NR 812.42(2)(c) (c) Drainage. An alcove adjoining a basement where the basement is subject to flooding shall be discontinued for use as a well pit and the well shall be filled and sealed according to s. NR 812.26. The alcove need not be filled and sealed. A pit or alcove drain or sump pump discharge pipe may not be directly connected to a sewer or other plumbing system. If the alcove drain discharge pipe is discharging to the ground surface, the end of the discharge pipe shall be screened.

NR 812.42(2)(d) (d) Casing height. The well casing pipe shall terminate at least 6 inches above the floor of a pit or alcove and shall be provided with a one-piece sanitary well seal approved for use under s. NR 812.091.

NR 812.42(2)(d)1. 1. If the well casing pipe does not extend at least 6 inches above the floor, the pit or alcove may remain in service only if all of the following apply:

NR 812.42(2)(d)1.a. a. The well location meets the minimum standards of sub. (1) (a).

NR 812.42(2)(d)1.b. b. The well construction meets the minimum standards of sub. (1) (b), verified by measuring the well casing pipe depth in accordance with sub. (7) (c) 3., if no confirmable well construction report can be found for the well. Well details, including location, well casing pipe depth, total well depth, distances to possible contaminant sources and well owner information shall be entered on a form and submitted to the department in accordance with s. NR 812.10 (15).

NR 812.42(2)(d)1.c. c. The pit or alcove structure meets the requirements of this section.

NR 812.42(2)(d)1.d. d. The well casing pipe is extended up and out of the pit or alcove to 12 inches above the outside grade in accordance with sub. (12). For situations where the well would create an obstruction, including in a stoop, sidewalk, breezeway, driveway, garage or patio, making it impractical to raise the well casing pipe up and out of the alcove, the well casing pipe may be raised to a height just below the ceiling of the alcove structure in accordance with sub. (12).

NR 812.42(2)(d)2. 2. If the floor of an alcove is lower than the basement floor, the alcove floor shall be raised to a height at least even with the basement floor by pouring concrete.

NR 812.42(2)(d)3. 3. If the raised alcove floor results in the well casing pipe terminating less than 6 inches above the floor, then the well casing pipe shall be extended as specified in sub. (2) (d) 1. d. and in accordance with sub. (12).

NR 812.42(2)(e) (e) Pit venting. Well pit vent pipes, if used, shall be located in opposite corners. One pipe shall extend to within one foot of the pit floor and the other extend only down through the pit roof. The upper end of each vent pipe shall extend watertight through the pit roof and terminate with a reverse bend and screened outlet.

NR 812.42(3) (3) Noncomplying pits and alcoves.

NR 812.42(3)(a) (a) Noncomplying pit structures. When a pit structure does not meet the minimum construction requirements of sub. (2) or when water gains access to a pit through the floor or walls, the floor and at least one wall of the pit shall be perforated and the pit shall be filled after properly extending the well casing pipe above grade in accordance with sub. (12) or after properly filling and sealing the existing well according to s. NR 812.26. Before the pit is filled, all water system components, including the pressure tank, pump, discharge piping, electrical wiring and conduit, and any treatment equipment shall be removed from the pit.

NR 812.42(3)(b) (b) Noncomplying alcoves. If the pit is an alcove, the alcove does not need to be filled, except when the alcove floor is lower than the basement floor, in which case the floor shall be raised to a height at least even with the basement floor by pouring concrete. To allow for easy removal of the pump for servicing or replacement, this casing extension may be made with the use of a threaded and coupled joint.

NR 812.42(3)(c) (c) Other modifications to pit or alcove. Any other modifications to a pit or alcove allowed under this chapter shall meet the requirements of s. NR 812.36.

NR 812.42(3m) (3m) Valve pits and alcoves. Existing pits and alcoves used only for the housing of valves are exempt from the requirements of this section except that a pit or alcove used for this purpose shall be watertight, may not be connected to a sewer, shall be drained to permeable soil or to the ground surface, and may not be subject to flooding.

NR 812.42(4) (4) Reservoirs.

NR 812.42(4)(a) (a) An existing reservoir shall be constructed of steel or reinforced concrete. If constructed with concrete, the roof shall be watertight, reinforced, poured concrete having a thickness of at least 5 inches. The walls and floor of the reservoir shall be watertight and constructed of reinforced, poured concrete or equivalent watertight construction.

NR 812.42(4)(b) (b) The manhole curbing shall extend at least 12 inches above the established ground grade. If the reservoir roof terminates above the established ground grade, the curbing shall terminate at least 6 inches above the reservoir roof. The manhole shall be provided with a waterproof, tight-fitting, overlapping metal cover with skirted sides.

NR 812.42(4)(c) (c) A reservoir overflow pipe shall be installed watertight just under the roof of the reservoir and entirely above the established ground grade. It shall terminate at a point at least 12 inches above the established ground grade with a screened, downturned elbow. If an existing overflow pipe is totally buried between the reservoir and its outlet, it shall be eliminated by properly sealing the pipe with concrete at the reservoir.

NR 812.42(4)(d) (d) A gravity discharge pipe to the reservoir shall extend entirely above established ground grade and through the roof of the reservoir or manhole curbing. Service pipe connections shall be sealed watertight. A pressurized service pipe may be connected to the reservoir below ground grade provided it is under a continuous pressure which is greater than the ground surface elevation.

NR 812.42(4)(e) (e) The reservoir shall meet the location requirements in effect at the time of its construction.

NR 812.42(4)(f) (f) When a below ground-grade reservoir or a buried pressure tank pit is to be abandoned, it shall be permanently filled and sealed when the well or drillhole is filled and sealed. The reservoir shall be filled according to the filling and sealing requirements specified in s. NR 812.26 (5) (m) for well pits.

NR 812.42(4)(g) (g) The owner shall permanently fill and seal a reservoir if any of the following apply:

NR 812.42(4)(g)1. 1. The location or construction of the reservoir does not meet the requirements of this chapter.

NR 812.42(4)(g)2. 2. It poses a hazard to health or safety.

NR 812.42(4)(g)3. 3. It has been taken out of service or has not been used for 2 or more years.

NR 812.42(4)(h) (h) A reservoir shall be maintained in a clean and sanitary condition and provide water free from coliform bacteria and free from contaminant levels in excess of the standards specified in s. NR 812.06.

NR 812.42(5) (5) Dug wells. An existing dug well may be continued in service only if it produces water free from coliform bacteria and free from contaminant levels in excess of the standards specified in s. NR 812.06. Use of dug wells is not recommended by the department. A dug well may not be reconstructed without approval under s. NR 812.09 (4) (m). Existing dug wells shall meet the following minimum construction requirements:

NR 812.42(5)(a) (a) Curbing. The curbing of every dug well shall be of watertight reinforced poured concrete or at least 3/16 inch thick steel curbing with watertight joints. Fieldstone curbing may not be used. The curbing shall extend above grade at least 8 inches and be protected from flooding. An open annular space may not exist around the dug well curbing.

NR 812.42(5)(b) (b) Depth. If the well was dug after June, 1975, the watertight curbing shall extend to a depth of at least 25 feet below ground surface and the well shall produce water free from coliform bacteria. If the well was dug prior to June, 1975, the watertight curbing shall extend to at least the 15-foot depth and the well shall produce water free from coliform bacteria.