Chapter NR 812

NR 812.42(12)(a)5. 5. The threaded lower end of a riser pipe may not be welded to the cut-off end of a well casing pipe.

NR 812.42(12)(a)6. 6. Riser pipe may not be connected to the well casing pipe by means of a compressible joint.

NR 812.42(13) (13) Disinfection, flushing and sampling. When working on existing water wells or pump installations, the well and water system shall be:

NR 812.42(13)(a) (a) Disinfected and flushed in accordance with s. NR 812.41.

NR 812.42(13)(b) (b) Sampled in accordance with s. NR 812.46.

NR 812.42 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (intro.), (a), (b), (2) (intro.), (a), (d), (5) (b), (6) (a) 2., (b) 2., (e), (7) (intro.) (9) (a) 1., cr. (4) (f), (6) (b) 4., (g), (7) (e), Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (a) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; CR 00-111: am. (1) (b), Register October 2001 No. 550, eff. 11-1-01; correction in (6) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-099: am. (1) (title), (intro.), (a), renum. (1) (b) to (b) 1., cr. (1) (b) 2. to 5., am. (1) (c), (2) (title), (intro.), (a), (c), renum. (d) to (d) 1. to 3. and am., renum. (3) to (3) (a) to (c), am. (4) (f), cr. (4) (g), (h), am. (6) (intro.), renum. (6) (a) 2. to 2. a., b. and am., cr. (6) (a) 2. c., am. (6) (b) 4., r. (7) (a), renum. (7) (intro.) to (7) (a), (7) (b) to (e) to (7) (a) 1. to 4., cr. (7) (b), (c), renum. (8) to (8) (b) to (d) and am., cr. (8) (a), (e), am. (9) (a) (title), 1., renum. (9) (a) 2. to (a) 2., 3. and am., cr. (9) (a) 4., am. (9) (b) (intro.), 2., 3., cr. (9) (b) 5. to 8., cr. (10) to (13) Register September 2014 No. 705, eff. 10-1-14; correction in numbering (11) (c) to (f) made under s. 13.92 (4) (b) 1., Stats., correction in (3) made under s. 13.92 (4) (b) 2., Stats., corrections in (2) (d) 1. b., (11) (c) 2., (f) made under s. 13.92 (4) (b) 7., Stats., September 2014 No. 705; CR 18-095: cr. (intro), r. (1) (intro.), am. (1) (title), (a), (b) 1 to 4., 5. (intro.), a., b., r. (1) (b) 5. c., d., cr. (1) (b) 6., 7., am. (1) (c), cr. Table E, am. (2) (intro.), (a) to (c), (d) (intro.), 1. b., 2., 3., (3), cr. (3m), am. (4) (e), (f), (g) (intro.), (h), (5) (intro.), (b), (c), (6) (a) 1., 2. a. to c., cr. (6) (a) 2. d., am. (6) (a) 3., (b) (intro.), 1., 2., 4., (c) to (e), (7) (title), (a) (intro.), (b), (c), (8) (a) (intro.), r. (8) (b), am. (8) (c), (d), (e), (9) (a) (title), 2., 3., 4. a. to c., (b) 4., cr. (9) (b) 9., am. (10), (11) (a), cr. (11) (am), am. (11) (b), (c) 2., (d), (e), (f), (12) (a) (intro.), 3., r. and recr. (13), Register June 2020 No. 774, eff. 7-1-20; (6) (a) (title), (b) (title), (c) (title) created under s. 13.92 (4) (b) 2., Stats., correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in Table E (title), (6) (b) (intro.), (9) (a) 2. made under s. 35.17, Stats., Register June 2020 No. 774.

subch. V of ch. NR 812 Subchapter V — Variances

NR 812.43 NR 812.43 Variances.

NR 812.43(1) (1) When strict compliance with the requirements of this chapter is not feasible, a variance may be requested. All variance requests shall be in writing, except for situations that may require an immediate response, in which case a variance may be requested verbally from the owner, or the owner’s agent, and a verbal variance may be granted by the department to be followed up with a written confirmation. If the verbal request is made by the owner’s agent, the agent shall provide confirmation of the owner’s concurrence with the request. A variance request shall include the names of the owner or owners and, if known, the well or heat exchange driller, well constructor or pump installer. The reason or reasons compliance with the requirements for this chapter is not feasible shall also be provided. The department may require the owner or the owner’s agent to submit additional information necessary for the department to determine if a variance is justified. The owner or owners or the owner’s agent shall sign the variance request. The department may condition the issuance of a variance by requiring additional construction or installation features to safeguard the groundwater and water supplied by the installation from contamination. Failure to comply with the conditions of a variance or the applicable requirements of this chapter voids the variance approval.

NR 812.43(1)(a) (a) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a proposed landfill or landfill expansion, shall be signed and submitted to the department by the owner of the well or by the owner of the landfill. Both parties shall have the right to appeal the variance approval, pursuant to ch. 227, Stats.

NR 812.43(1)(a)1. 1. If the application for a variance has been submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A.

NR 812.43(1)(a)2. 2. In cases where the application for a variance has been submitted by the well owner, the application shall include documentation that written notification of the variance request has been provided to the landfill owner.

NR 812.43(1)(b) (b) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a landfill may be granted by the department where conditions warrant, using the concept of comparable protection. Comparable protection may be provided by appropriate measures including a deeper well casing depth setting, specific grouting materials or methods, specific drilling methodology or additional well water sampling results. These measures will be determined by the department for the purpose of safeguarding the groundwater and the water supply from potential sources of contamination.

NR 812.43(1)(c) (c) A variance request to the separation distance specified in s. NR 812.08 Table A for a well to be constructed within 1,200 feet of a landfill not subject to expansion shall be signed and submitted to the department by the owner of the well. If a variance is granted, the department shall notify the landfill owner. If the landfill owner is unknown, the department shall notify the municipality where the landfill is located.

NR 812.43(2) (2) The department may grant a variance to the casing depth construction requirement specified in s. NR 812.14 (2) if the well constructor or well constructor’s agent demonstrates, and the department agrees, that adequate water quantity or water quality is not available below the required casing depth. If a variance is granted under this paragraph, the department may require additional conditions in the variance approval, including continuous chlorination or permanent cement grouting to the ground surface.

NR 812.43 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), Register, September, 1994, No. 465, eff. 10-1-94; CR 05-020: rn. (1) to be (1) (intro.) and am., cr. (1) (a) to (d) Register January 2006 No. 601, eff. 2-1-06; CR 13-096: am. (1) (intro.), CR 13-099, am. (1) (intro.), r. (1) (d) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 49 Register April 2016 No. 724; CR 18-095: am. (1) (a) (intro.), 1., (b), (c), r. and recr. (2) Register June 2020 No. 774, eff. 7-1-20.

subch. VI of ch. NR 812 Subchapter VI — Property Transfer Well Inspections

NR 812.44 NR 812.44 Property transfer well inspections. This subchapter applies to all water supply wells as defined in s. 280.30, Stats., used for any potable or nonpotable purpose. A well and pressure system inspection is not required at the time of property transfer, though if one is conducted, the inspection shall be in accordance with this chapter and ch. NR 146.

NR 812.44 Note Note: “Water supply well” is defined in s. 280.30, Stats., to mean “an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.”

NR 812.44(1) (1) Licensing.

NR 812.44(1)(a) (a) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems or wells that must be filled and sealed on the real property, unless the individual is a licensed water well driller or a licensed pump installer, or meets the requirements specified in par. (d).

NR 812.44(1)(b) (b) Only licensed individual water well drillers or licensed individual pump installers may conduct an inspection, or make any statement or offer any opinions regarding the existence or nonexistence of wells that need to be filled and sealed; or the location, compliance, condition, capacity or performance of a well and pressure system for compensation, at the time of property transfer.

NR 812.44(1)(c) (c) If the only work to be done is collecting water samples for analysis at time of property transfer and the laboratory test results are reported by the certified laboratory on a laboratory form and no other statements are made or opinions offered by the individual who collected the sample or by the laboratory or by anyone else, regarding the location, compliance, condition, capacity or performance of the well or pressure system or the location or existence or nonexistence of wells that need to be filled and sealed then the samples may be collected by someone other than a licensed water well driller or licensed pump installer.

NR 812.44(1)(d) (d) A county employee may conduct property transfer well inspections without being a licensed water well driller or licensed pump installer if the county has adopted a Level 3 county delegation program under ch. NR 845, the employee meets the training and examination requirements of s. NR 845.08, and the inspections are conducted as part of the county employee’s duties. Property transfer well inspections performed by Level 3 delegated county employees shall be conducted in accordance with the evaluation criteria in this subchapter and using the department form specified for property transfer well inspections.

NR 812.44(2) (2) Equipment. Licensed individuals conducting property transfer well inspections shall be adequately equipped to conduct inspections.

NR 812.44 Note Note: Recommended equipment includes, where applicable, a well casing depth measuring device, GPS unit, computer, internet service, digital camera and magnetic locator.

NR 812.44(3) (3) Forms and instructions. The property transfer well inspector, when conducting property transfer well inspections, shall use the department form specified for that purpose. A separate form shall be completed for each well. The form shall be completed in full according to department instructions and shall be true and accurate. The property transfer well inspector shall provide the person who requested the inspection with the completed property transfer well inspection form. The inspector may attach their own forms or letters, provided those forms are not represented to be part of the department form. Use of the department form does not imply department approval of the well and pressure system. The property transfer well and pressure system inspection form shall not be submitted to the department except in the case of a variance request.

NR 812.44(4) (4) Water sample collection, analysis and reporting. The property transfer well inspector 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 812.44(5) (5) Evaluation criteria.

NR 812.44(5)(a) (a) A well and pressure system shall be evaluated for compliance with the requirements of this chapter in effect at the time of construction or installation, except that well and pressure systems installed before February 1, 1991 shall comply with the standards of subchapter IV. If a well and pressure system was ever used as a potable water supply, it shall be evaluated for compliance with the ch. NR 812 standards for potable water supplies. The inspection shall include all wells on the property.

NR 812.44(5)(b) (b) The following features of all wells and pressure systems on the property shall be considered during a property transfer well inspection and shall include any corrective measures necessary on the inspection form as follows:

NR 812.44(5)(b)1. 1. The need for a more comprehensive search on the property, a diligent search for wells that need to be filled and sealed, or need for additional research when there are indications that potential violations may exist which are not fully identifiable as part of the basic inspection outlined in this paragraph. to 36. Potential violations include a possible unused well, a well possibly located in a floodway or floodplain, or a well possibly located too close to a potential contamination source, including a landfill. The department shall develop guidance for conducting comprehensive searches that fall outside a basic property transfer well and pressure system inspection.

NR 812.44(5)(b)2. 2. The existence of any unused or noncomplying well that is required to be filled and sealed or the existence of any well that was filled and sealed by an unlicensed individual or unregistered person after June 1, 2008.

NR 812.44(5)(b)3. 3. The existence of any well having either stovepipe or thin-walled well casing pipe.

NR 812.44(5)(b)4. 4. The existence of any unsanitary or noncomplying dug well.

NR 812.44(5)(b)5. 5. The existence of any noncomplying or unprotected buried pump suction line.

NR 812.44(5)(b)6. 6. The existence of any noncomplying well pit or alcove.

NR 812.44(5)(b)7. 7. The existence of any noncomplying non-walkout basement or below-grade crawl space well.

NR 812.44(5)(b)8. 8. Well casing pipe in poor condition including significant corrosion, cracks or other damage.

NR 812.44(5)(b)9. 9. The existence of any potential source of contamination located less than the required minimum separation distance from the well, as provided in ss. NR 812.08 and 812.42 (1) (a).

NR 812.44(5)(b)10. 10. The existence of a well in a floodway or flood fringe.

NR 812.44(5)(b)11. 11. The existence of a low area or drainage swale near or around the well site that places the well at risk from localized flooding.

NR 812.44(5)(b)12. 12. The existence of any visible cross-connection either between the private water piping system and a sewerage piping system or between the well and a community water system.

NR 812.44(5)(b)13. 13. The existence of a driven point well installed on or after February 1, 1991 for which a well construction report is not available or a driven point well of any construction date that has less than 25 feet of well casing pipe, not including the screen.

NR 812.44(5)(b)14. 14. The existence of noncomplying nonpressurized conduit, either horizontal or vertical.

NR 812.44(5)(b)15. 15. The existence of a noncomplying hand pump.

NR 812.44(5)(b)16. 16. The existence of an offset pump or off-set pump piping that is less than 12 inches above a basement floor, if installed on or after October 1, 2014, or that is located less than 6 inches above a basement floor, if installed prior to October 1, 2014.

NR 812.44(5)(b)17. 17. The existence of a noncomplying yard hydrant installed upstream of the pressure tank after October 1, 2014, or the existence of any yard hydrant installed in or on a well.

NR 812.44(5)(b)18. 18. The existence of any visible noncomplying pump suction pipe, discharge pipe, or noncomplying water supply piping.

NR 812.44(5)(b)19. 19. The existence of noncomplying flowing well installation.

NR 812.44(5)(b)20. 20. The existence of a check valve in a noncomplying location.

NR 812.44(5)(b)21. 21. The lack of a complying well seal or well cap.

NR 812.44(5)(b)22. 22. Noncomplying casing height above grade or above a floor.

NR 812.44(5)(b)23. 23. The pump electrical wires at the wellhead are not properly enclosed in conduit.

NR 812.44(5)(b)24. 24. The well and pressure system lacks a sample faucet either on the tee of the pressure tank or upstream of the pressure tank.

NR 812.44(5)(b)25. 25. The sample faucet is noncomplying.

NR 812.44(5)(b)26. 26. The existence of an extreme health or safety hazard not noted elsewhere on the inspection form.

NR 812.44(5)(b)27. 27. The well casing pipe at the ground surface is less than six inches in diameter for wells terminating in limestone, dolomite, shale, quartz, or granite.

NR 812.44(5)(c) (c) The following comments or items of concern shall be noted on the inspection form:

NR 812.44(5)(c)1. 1. The existence of a driven point well installed before February 1, 1991, with a strong likelihood it contains less than 25 feet of casing pipe below the ground surface, not including screen.

NR 812.44(5)(c)2. 2. The inability of the contractor to find a well construction report for the well in department records either because one was never filed, the report had an incorrect geographic location, or the report was misfiled in department records.

NR 812.44(5)(c)3. 3. The existence of a well located in a special well casing depth area.

NR 812.44(5)(c)4. 4. The existence of a two-wire submersible pump, manufactured prior to 1979, in a well.

NR 812.44(5)(c)5. 5. Evidence of some corrosion, but not serious corrosion, on the visible portion of the well casing pipe.

NR 812.44(5)(c)6. 6. The existence of a well having an inaccessible or difficult location with respect to any future well construction or rehabilitation work.

NR 812.44(5)(c)7. 7. The existence of a well having an inaccessible or difficult location with respect to any future pump installation work.

NR 812.44(5)(c)8. 8. The existence of a non-vermin proof well cap or well seal. The cap or seal is required to be replaced with an approved vermin-proof cap or seal whenever any well drilling or pump installing work is done on the well and pressure system which involves removal of the well cap or well seal.

NR 812.44(5)(c)9. 9. The inspector may note any concerns regarding the condition, capacity or performance of the well and pressure system in the inspection, including well or pump yield, though it is not required for a property transfer well inspection.

NR 812.44(5)(d) (d) The property transfer well inspector shall indicate on the inspection form whether the well and pressure system comply with this chapter; comply with this chapter with the exception of needing a more comprehensive search or additional research; or does not comply with this chapter.

NR 812.44 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1) (a), (d), (3), r. and recr. (4), am. (5) (b) 6., 13., 14., 16., (d) Register June 2020 No. 774, eff. 7-1-20.

subch. VII of ch. NR 812 Subchapter VII — Citations

NR 812.45 NR 812.45 Citations. The department may take enforcement action against any person who violates any of the provisions listed in sub. (1). The department shall consider the severity, duration, frequency, and environmental or health risks of the violation. The department will evaluate and address violations in accordance with the department stepped enforcement process. The department shall provide written notice of a violation and provide an opportunity to meet pursuant to s. 280.98 (4), Stats., before issuance of a citation.

NR 812.45(1) (1) Citations may be issued for violations relating to any of the following:

NR 812.45(1)(a) (a) Licensing and registration as provided in this chapter, ch. 280, Stats., or ch. NR 146.

NR 812.45(1)(b) (b) Disinfection requirements, as provided under ss. NR 812.12 (17), 812.27 (5), 812.41 (1), or 812.42 (13).

NR 812.45(1)(c) (c) Sampling and reporting requirements, as provided under ss. NR 812.04 (2), 812.09 (4) (a) 3., 812.10 (10), (11), or (15), 812.26 (7), 812.27 (12), 812.42 (13), 812.44 (3) or (4), or 812.46.

NR 812.45(1)(d) (d) Water systems that were installed before February 1, 1991, as provided under s. NR 812.42.

NR 812.45(1)(e) (e) Well or drillhole filling and sealing, as provided under s. NR 812.09 (4) (a) 5. or 812.26.

NR 812.45(2) (2) Prior to issuing a citation under par. (b), the department shall do all of the following:

NR 812.45(2)(a) (a) Issue a written warning outlining the violation.

NR 812.45(2)(b) (b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.

NR 812.45(3) (3) If the alleged violator does not attend the enforcement conference or make alternative arrangements to the department’s satisfaction, the department shall consider the requirement of s. 280.98, Stats., to be met, and shall base its enforcement decision on all available information.

NR 812.45 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; correction in numbering made under s. 13.92 (4) (b) 1., Stats., correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-095: am. (1) (a) to (c), Register June 2020 No. 774, eff. 7-1-20.

subch. VIII of ch. NR 812 Subchapter VIII — Water sampling, analysis and reporting requirements

NR 812.46 NR 812.46 Water sampling, analysis and reporting requirements.

NR 812.46(1) (1) Samples required following well drilling, well construction or pump installing.

NR 812.46(1)(a) (a) Total coliform bacteria. A well driller, well constructor, or pump installer shall collect water samples to be analyzed for total coliform bacteria after performing any of the following activities as allowed by his or her license:

NR 812.46(1)(a)1. 1. Pump installing for a new well, unless the pump installer is employed by the same business that drilled or constructed the well or is the same individual who drilled or constructed the well, then only one total coliform bacteria sample is required after the pump installation has been completed, if the pump installation will be completed within 60 days of the well completion.

NR 812.46(1)(a)2. 2. Replacing a pump or pressure tank on an existing water system that does not involve entry into the well.