Chapter NR 812

NR 812.46(3) (3) Delegation of sampling responsibilities.

NR 812.46(3)(a) (a) A well driller, well constructor, or pump installer may delegate collection of their water samples following well drilling or pump installing activities to an agent.

NR 812.46(3)(b) (b) The well driller, well constructor, or pump installer shall provide the agent with the correct sample forms and license number.

NR 812.46(3)(c) (c) The well driller, well constructor, or pump installer is responsible for ensuring that the delegated agent follows all the requirements specified in subs. (1) and (2). If a delegated agent fails to meet any of the requirements specified in subs. (1) and (2), the well driller, well constructor, or pump installer is responsible for noncompliance.

NR 812.46(4) (4) Water sample test forms. The well driller, well constructor, or pump installer shall use and provide the water sample test forms specified by the department for sampling required under sub. (2). The information entered on the water sample test form by the well driller, well constructor, pump installer or their agent shall be complete, true and accurate and include sample site location, date and time of collection, and name of sampler.

NR 812.46(5) (5) Test results. The well driller, well constructor, or pump installer shall provide the well owner or the owner’s agent with a copy of each laboratory test report no later than 10 days after the well driller’s, well constructor’s, or pump installer’s receipt of the laboratory test report. The well driller, well constructor, or pump installer shall notify the well owner or agent as soon as practicable, but no later than 48 hours after being notified by a laboratory that the well water is total coliform bacteria-positive or contains a contaminant level in excess of a standard in s. NR 812.06.

NR 812.46(6) (6) Sampling for property transfer well inspections.

NR 812.46(6)(a) (a) Potable Wells. When a property transfer well inspection is conducted, the property transfer well inspector shall collect water samples to be analyzed for total coliform bacteria, nitrate and arsenic for each potable well on the property and submit them for analysis to a laboratory in accordance with sub. (2) (c).

NR 812.46(6)(b) (b) Nonpotable wells. When a property transfer well inspection is conducted, the property transfer well inspector shall collect a water sample to be analyzed for total coliform bacteria for each nonpotable well on the property and submit it to a laboratory in accordance with sub. (2) (c).

NR 812.46(6)(c) (c) Where to collect samples. Required samples for property transfer well inspections shall be collected as specified in sub. (2) (a). The location of sample collection shall be noted on the inspection form.

NR 812.46(6)(d) (d) Delegation of sampling responsibilities. The property transfer well inspector may not delegate water sample collection for a property transfer well inspection to another individual.

NR 812.46(6)(e) (e) Sample handling. Sample collection, handling, and submittal shall be in accordance with sub. (2).

NR 812.46(6)(f) (f) Test results. The property transfer well inspector shall provide the water sample test results to the party who requested the inspection. Water sample test results for property transfer well inspections shall not be submitted to the department unless requested by the department to evaluate a variance application.

NR 812.46(7) (7) Other required samples. For any other water samples required by the department under s. NR 812.09 or 812.43, the applicant or designee shall meet the sample collection, handling and submittal requirements of sub. (2) and ch. NR 149.

NR 812.46(8) (8) Laboratory responsibilities.

NR 812.46(8)(a) (a) Invalid sample. A laboratory shall reject any sample submitted under this section that is received later than 48-hours after sample collection.

NR 812.46(8)(b) (b) Sample integrity. The laboratory shall test the sample for the presence of free chlorine before analyzing for total coliform bacteria. If free chlorine is present in the sample above 0.1 mg/L, the laboratory shall reject the sample. Laboratories shall reject samples that are frozen.

NR 812.46(8)(c) (c) Bacteria analyses. Samples for total coliform bacteria analysis shall be analyzed within 48 hours of sample collection. If any sample is total coliform bacteria-positive, the laboratory shall further analyze that total coliform bacteria-positive culture medium to determine if E. coli are present.

NR 812.46(8)(d) (d) Nitrate analyses. Samples for nitrate analysis may be analyzed without acid preservation if analyzed within 48 hours of sample collection. Samples analyzed more than 48 hours after collection shall be acidified upon receipt, analyzed for nitrate plus nitrite, and reported as total nitrate plus nitrite.

NR 812.46(8)(e) (e) Arsenic analyses. Samples for arsenic analysis received at the laboratory shall be acidified upon receipt according to method requirements, and shall be held for at least 16 hours prior to beginning analysis.

NR 812.46(8)(f) (f) Reporting test results. Laboratories used for compliance with sub. (1) (a) to (d) shall electronically report the test results to the department no later than 31 days after completion of the analysis. The water sample test results and data entered from the test request form into the department data system shall meet all of the following requirements:

NR 812.46(8)(f)1. 1. Be reported by the laboratory that initially received the samples, even if analysis was subcontracted to another laboratory.

NR 812.46(8)(f)2. 2. Have been analyzed by a laboratory holding the drinking water certification for the analysis performed.

NR 812.46(8)(f)3. 3. Include all total coliform bacteria-positive and E. coli-positive test results.

NR 812.46(8)(f)4. 4. Be complete, true, and accurate.

NR 812.46(8)(f)5. 5. Be reported to the department only once per sample analysis.

NR 812.46(8)(f)6. 6. Indicate if a sample is rejected for failure to comply with par. (a) or (b).

NR 812.46(8)(g) (g) Record retention. Records of analyses and water sample test forms for samples collected to comply with this section shall be kept by the laboratory for not less than 6 years. The laboratory shall provide sampling records to the department upon request.

NR 812.46(9) (9) Multiple uses of test results not allowed.

NR 812.46(9)(a) (a) Water samples collected to meet the sampling requirements for well drilling, well constructing, or pump installing may not be used to meet the sampling requirements for property transfer well inspections.

NR 812.46(9)(b) (b) Water samples collected to meet the sampling requirement for property transfer well inspections may not be used to meet the sampling requirements for well drilling, well constructing, or pump installing.

NR 812.46(9)(c) (c) Water samples collected at a non-community water system to meet the sampling requirements of ch. NR 809 may not be used to meet the sampling requirements of this chapter.

NR 812.46(9)(d) (d) Water samples collected at a non-community water system to meet the sampling requirements of this chapter may not be used to meet the sampling requirements of ch. NR 809.

NR 812.46 History History: CR 18-095: cr. Register June 2020 No. 774, eff. 7-1-20; correction in (1) (e) 2., (3) (c) made under s. 35.17, Stats., Register June 2020 No. 774; CR 21-070: am. (1) (a) 5. Register July 2022 No. 799, eff. 8-1-22; correction in (1) (a) 5. made under s. 35.17, Stats., Register July 2022 No. 799.