Chapter NR 845

NR 845.04(38m) (38m) “Well constructor” means any person who constructs a well.

NR 845.04(39) (39) “Well location inspector” means a county employee trained by the department to inspect the location of a private well in relation to ch. NR 812 locational distances, to observe the above grade casing height, to observe whether there is a cap or a seal on the upper terminus of the well.

NR 845.04(40) (40) “Well location permit” means a permit, or comparable registration system, issued by the county which allows the construction or reconstruction of a private well.

NR 845.04 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; cr. (11) and (36), renum. (11) to (38) to be (12) to (36) and (38) to (40), am. (6), (10), (15), (18), (25), (31), (34), (35) and (39), Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.04 and am., cr. (38m), Register, August, 1995, No. 476, eff. 9-1-95; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; CR 18-095: r. (13) Register June 2020 No. 774, eff. 7-1-20.

NR 845.05 NR 845.05 Delegation levels. Upon the approval of the department, a county may receive authorization to administer ch. NR 812 at level 5 and at one of one or more of the other 4 levels. The department may authorize county delegation programs which the department determines to be substantially equivalent to those described in this section. At each delegation level, the county shall investigate complaints and take enforcement actions related to their authorized delegation level. The 5 delegation levels are:

NR 845.05(1) (1) Level 1 - private well location. Under Level 1 delegation a county shall:

NR 845.05(1)(a) (a) Issue permits authorizing the location of new and replacement private wells, including drilled, driven point, dug, bored or jetted wells, or the reconstruction or rehabilitation of existing private wells.

NR 845.05(1)(b) (b) Conduct inspections of new, replaced, reconstructed or rehabilitated private well installations for which well location permits were required as soon as possible after the well is constructed.

NR 845.05(1)(c) (c) Determine whether the casing height of a permitted well complies with ch. NR 812 and that there is a cap or seal on the upper terminus of the well.

NR 845.05(1)(d) (d) Require upgrading of all inspected private wells that are not in compliance with the minimum private well locational distances in ch. NR 812.

NR 845.05 Note Note: Counties authorized under level 1 prior to March 1, 1991 are authorized to conduct both level 1 and level 5 responsibilities.

NR 845.05(2) (2) Level 2 - well location and pump installation permits. Under level 2 delegation a county shall:

NR 845.05(2)(a) (a) Issue permits for the installation of a pump on new, replaced, rehabilitated or reconstructed private water systems. This permit may be incorporated in a joint well location/pump installation permit system.

NR 845.05(2)(b) (b) Issue permits for pump installations on existing private water systems when a change is made in the nature of the connection between the well and the water supply piping or when a different type of pump is installed.

NR 845.05(2)(c) (c) Conduct inspections of new and existing pump installations for which pump installation permits were required as soon as possible after the pump installation work is completed.

NR 845.05(2)(d) (d) Require upgrading of all inspected private water systems that are not in compliance with the minimum private well location and pump installation code standards in ch. NR 812.

NR 845.05(3) (3) Level 3 - existing private water systems. Under level 3 delegation a county shall:

NR 845.05(3)(a) (a) Follow-up on all initial bacteriologically-unsafe sample results in the county, that the county is informed of, from all private water systems located in the county covered under this chapter submitted to the county health department laboratory or other laboratories certified by the department of health services under s. 143.14, 1993 Stats. Initial unsafe sample follow-up shall consist of, at a minimum, a telephone contact or form letter, but may be an on-site visit. The county shall advise the property owner what action should be taken and offer further assistance. Follow-up on initial bacteriologically-unsafe results from samples analyzed by the state laboratory of hygiene need not be done by the county. If further assistance is requested following a second unsafe sample submitted to the state laboratory of hygiene, the county health department laboratory or other laboratories certified by the department of health services, the county shall follow the procedures described in the uniform private water systems guidance manual. Problems with private water systems which require action beyond the authorized delegation level of the county shall be referred to the department.

NR 845.05(3)(b) (b) Annually inspect 10% of the existing noncommunity water systems located in the county. The county shall collect coliform bacteria and nitrate samples for the systems inspected each year and follow-up on bacteriologically-unsafe samples and samples exceeding the primary drinking water standard for nitrates. Follow-up procedures are described in the uniform private water systems guidance manual. When all noncommunity wells in the county have been inspected and sampled under this program, the county shall repeat the inspection and analysis procedure described in this paragraph.

NR 845.05(3)(c) (c) On the request of a property owner or a lending institution, conduct an inspection of the well and pump installation and collect a water sample for coliform bacteria analysis, and if also requested collect a nitrate-nitrogen sample, for the private water system.

NR 845.05(3)(d) (d) Conduct a private water system inspection and evaluation whenever any water sample is collected as part of complaint or problem follow-up unless authorized not to do so by the department.

NR 845.05(3)(e) (e) Require upgrading of all inspected private water systems that are not in compliance with the minimum well location and pump installation standards of ch. NR 812.

NR 845.05(4) (4) Level 4 - private well construction. Under level 4 delegation a county shall:

NR 845.05(4)(a) (a) Inspect new private wells during the actual construction phase or immediately following construction to ensure compliance with ch. NR 812 well construction requirements.

NR 845.05(4)(b) (b) Follow-up on problems with new and existing private water systems due to well construction, in addition to problems associated with pump installation or private well location.

NR 845.05(4)(c) (c) Check the well driller’s license, equipment and materials to ensure that department approved materials and methods are used. Follow-up procedures are described in the uniform private water systems guidance manual.

NR 845.05(5) (5) Level 5 - well and drillhole abandonment. Under level 5 delegation a county shall require the abandonment of wells and drillholes in accordance with standards established in s. NR 812.26. A county with level 5 delegation may also require the abandonment of a well, as defined in this chapter, with water exceeding a primary drinking water standard listed in ch. NR 809 or a state health advisory limit issued by the department, after consultation with and approval by the department.

NR 845.05 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (1) (d), renum. (1) (e) to be (1) (d), am. (1) (intro.), (1) (a), (2) (intro.), (3) (intro.), (4) (intro.), cr. (5) Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.05 and am., Register, August, 1995, No. 476, eff. 9-1-95; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (3) (a) made under s. 13.92 (4) (b) 6., Stats., Register April 2023 No. 808.

NR 845.06 NR 845.06 County administration.

NR 845.06(1) (1) County administration.

NR 845.06(1)(a) (a) Adoption of ordinance. Each county authorized by the department to administer and enforce ch. NR 812 under any delegation level shall adopt a private water systems ordinance, no less stringent nor more stringent than ch. 280, Stats., and department rules adopted under ch. 280, Stats. The ordinance shall be commensurate with the level or levels of the county’s delegated authority. The ordinance shall apply to the entire county and shall include cities, towns, villages and sanitary districts in the county.

NR 845.06(1)(b) (b) Repeal of ordinance. A county may rescind participation in the delegation program by repealing the private water system ordinance in its entirety or by repealing portions of the ordinance authorizing participation in a specific delegation level. The county shall notify the department of its intention to withdraw from participation in the county delegation program in writing at least 30 days prior to date of repeal of all or any part of the county ordinance.

NR 845.06(1)(c) (c) Ordinance provisions.

NR 845.06(1)(c)1. 1. The county ordinance shall be consistent with the county’s authorized delegation level:

NR 845.06(1)(c)1.a. a. Prohibit the installation of a private water system by a well constructor or pump installer unless the owner of the property on which the system is to be installed holds a valid permit as required by the county ordinance.

NR 845.06(1)(c)1.b. b. Prohibit the installation or operation of a private water system which is not in compliance with ch. NR 812 and the county ordinance.

NR 845.06(1)(c)1.c. c. Require the abandonment of wells or drillholes in accordance with standards established in ch. NR 812. A county may require the abandonment of a well with water exceeding a primary drinking water standard listed in ch. NR 809, or a state health advisory limit issued by the department, after consultation with and approval by the department.

NR 845.06(1)(c)2. 2. The county’s ordinance shall authorize the administrator or the trained county inspectors to:

NR 845.06(1)(c)2.a. a. Enter property to inspect private water systems during reasonable hours. To administer and enforce the county ordinance, the administrator or county inspectors may enter any building or property for the purpose of inspecting the private water system and may request the owner or operator to produce any private well location or pump installation permit required by the county ordinance. No person may interfere with the administrator or county inspectors in the performance of their duties. Any person interfering is subject to penalty as provided in the county ordinance. If consent to enter property for inspection purposes is denied, the administrator may obtain a special inspection warrant under s. 66.0119, Stats.

NR 845.06(1)(c)2.b. b. Order any person owning, operating or installing a private water system to abandon, modify, repair or replace the private water system in a complying, safe and sanitary condition if the system is not in compliance with the standards established in s. NR 812.26.

NR 845.06(1)(c)2.c. c. Prohibit the use of any new or existing private water system that is found to be installed, constructed, operated or maintained so as to be a health hazard to the users, neighbors or community.

NR 845.06(1)(c)2.d. d. Order the suspension of all further work on a private water system until any preceding noncompliant work is brought into compliance with ch. NR 812 and the county ordinance. The administrator or county inspectors may order suspension and the posting of a suspension order if it is determined that the location or construction of a private well or the installation of a pump does not comply with ch. NR 812 or the county ordinance. The administrator shall notify the well constructor, pump installer and property owner in writing of the noncompliance and the nature of the work to be discontinued and corrected, identifying the location and the name of the person issuing the order. Work may be resumed on the site only under the direction of the administrator.

NR 845.06(1)(d) (d) Conflicting ordinances. Any county or municipal ordinance relating to private water systems other than an ordinance adopted under par. (a) or approved by the department under ch. NR 811 may not be enforced.

NR 845.06(1)(e) (e) Unauthorized ordinances. Counties and other local units of government not authorized by the department to adopt and enforce an ordinance under par. (a) for either private well construction or pump installation or both, may not enforce unauthorized ordinances.

NR 845.06(1)(f) (f) Delegation levels. Counties may not carry out or enforce programs related to ch. NR 812 beyond their authorized level of delegation.

NR 845.06(2) (2) County qualifications. A county is required to provide an adequate number of staff trained at a level designated by the department to assure adequate administration and enforcement of ch. NR 812 before the department may delegate level 1, 2, 3, 4 or 5.

NR 845.06(3) (3) Ordinance administration. The county board of supervisors may assign administration of the private water systems program to any appropriate county office, department, committee, board or commission that shall have the authority and the duty to administer and enforce the provisions of the county ordinance adopted under sub. (1) (a) and (c).

NR 845.06(3)(a) (a) Qualifications of the administrator for the private water systems ordinance.

NR 845.06(3)(a)1. 1. To be eligible for appointment as administrator of the private water systems ordinance, a person shall be knowledgeable about the principles and practices of private well construction and abandonment and pump installation. The department recommends that the administrator take the examination and attend the training sessions commensurate with the level or levels of authorized county delegation.

NR 845.06(3)(a)2. 2. If the administrator has a personal interest in the construction or modification of any private well or pump installation subject to the provisions of ch. 280, Stats., ch. NR 812 or the county ordinance, the county board shall, after consultation with the department, designate another knowledgeable person to examine the application, to issue the required permits and to make any or all of the necessary inspections.

NR 845.06(3)(b) (b) Duties. It shall be the duty of the administrator or her or his designated representative to enforce the county ordinance and perform the following duties commensurate with the level or levels of the county’s delegation authority:

NR 845.06(3)(b)1. 1. Record all permits, fees, inspections and other official actions.

NR 845.06(3)(b)2. 2.

NR 845.06(3)(b)2.a. a. Submit copies of the processed permits, forms or correspondence within the timeframes specified in Table 1.

NR 845.06(3)(b)2.b. b. All counties shall submit samples of routine county information correspondence not identified in Table 1 to the department. Thereafter, copies of county correspondence, having samples on file at the department, need not be sent to the department. If significant modifications are made to routine county information correspondence or new correspondence letters formulated, sample copies shall be sent to the department.

NR 845.06(3)(b)2.c. c. After a one-year period of county participation in level 3, the department may modify portions of the level 3 copy submittal requirements. The central office shall make this decision on a case-by-case basis.

NR 845.06(3)(b)2.d. d. The department may review or request a copy of any inspection report, correspondence or water quality data pertaining to the county’s delegation level. The department may require the use of standardized forms for reporting water quality data.

NR 845.06(3)(b)2.e. e. The department may reinstitute, increase or decrease delegation level correspondence submittal requirements for participating counties as deemed necessary by the central office. The department shall provide the county 30 days notice, in writing, of any reinstituted, increased or decreased submittal requirements.

NR 845.06(3)(b)2.f. f. The department will provide standardized private water system permit application and field inspection forms for use in the delegation program.

NR 845.06 Note Note: The forms are available from the Department of Natural Resources, 101 S. Webster, P.O. Box 7921, Madison, WI 53707-7921.

NR 845.06(3)(b)3. 3. Submit a summary report to the department, upon request, by the 60th day following the end of the calendar year. The summary report shall include:

NR 845.06(3)(b)3.a. a. Number of permits issued;

NR 845.06(3)(b)3.b. b. Number of permits denied;

NR 845.06(3)(b)3.c. c. Number of inspections completed;

NR 845.06(3)(b)3.d. d. Number of compliance orders issued;

NR 845.06(3)(b)3.e. e. Number of compliance orders complied with;

NR 845.06(3)(b)3.f. f. Number of complaints investigated; and

NR 845.06(3)(b)3.g. g. Any other information requested by the department.

NR 845.06(3)(b)4. 4. Inspect private water systems upon completion or during installation using the procedures set forth in the uniform private water systems guidance manual and record the inspections on forms provided by the department. If the county’s level of delegation does not authorize the inspection of the entire private water system, the county shall complete the inspection in accordance with the authorized delegation level. Inspections beyond a county’s authorized delegation level shall be the responsibility of the department.

NR 845.06 Note Note: The forms are available from the Department of Natural Resources, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921.

NR 845.06(3)(b)5. 5. Require the abandonment of wells or drillholes in accordance with standards established in ch. NR 812. A county may require the abandonment of a well with water exceeding a primary drinking water standard listed in ch. NR 809, or a state health advisory limit issued by the department, after consultation with and approval by the department.

NR 845.06(3)(b)6. 6. Investigate cases involving noncompliance with the private water systems ordinance, ch. 280, Stats., or ch. NR 812, issue orders to abate the noncompliance and submit complaints to the district attorney or corporation counsel for enforcement.

NR 845.06(3)(b)7. 7. Investigate and record all private water system complaints related to the county’s delegation level.

NR 845.06(3)(b)8. 8. Refer complaints and cases of noncompliance that are believed to be or known to be beyond the scope of the county’s delegation level to the department.

NR 845.06(3)(b)9. 9. Cooperate with all other governmental units and agencies in the enforcement of all state and local laws and regulations of matters related to this chapter.

NR 845.06(3)(b)10. 10. Assist the department in:

NR 845.06(3)(b)10.a. a. Conducting studies to determine the cause or extent of a groundwater contamination incident.

NR 845.06(3)(b)10.b. b. Investigating the activities of unregistered well constructors and pump installers.

NR 845.06(3)(b)10.c. c. Investigating the use of questionable materials or methods by well constructors or pump installers.

NR 845.06(3)(b)10.d. d. Inspecting private water systems.

NR 845.06(3)(b)10.e. e. Collecting water samples within the scope of resources available to the county.

NR 845.06(3)(b)11. 11. Refer variance requests and actions which require department approval to the department.

NR 845.06(3)(b)12. 12. Advise owners not to drink or use water from private water systems under the following conditions:

NR 845.06(3)(b)12.a. a. Private wells producing bacteriologically-unsafe water as described in the uniform private water systems guidance manual from samples submitted to the state laboratory of hygiene or a laboratory certified by the department of agriculture, trade and consumer protection under ch. ATCP 77.

NR 845.06(3)(b)12.b. b. Private wells, except noncommunity, having a level of contamination exceeding a primary drinking water standard specified in ch. NR 809 or a state health advisory limit issued by the department in 2 separate samples submitted to a laboratory certified or registered under s. 299.11, Stats., and ch. NR 149, or the state laboratory of hygiene.

NR 845.06(3)(b)12.c. c. Other cases of private well contamination after consultation with and approval by the department.

NR 845.06 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (2) (b), am. (1) (a), (1) (c) (intro), 1. c., 2. a. and b., (1) (d), (3) (a) 1., (3) (b) 2. a. Table I, 5. and 12. b., and renum. and am. (2) (a) to be (2), Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.06 and am., Register, August, 1995, No. 476, eff. 9-1-95; corrections in (1), (3) (a) 2., (3) (b) 6., 12., made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 2000, No. 532; correction in (1) (c) 2. a. was made under s. 13.93 (2m) (b) 7., Stats., Register, January 2013, No. 685.

NR 845.07 NR 845.07 Laboratory support.

NR 845.07(1) (1) For delegation level 2, 3 or 4, a county shall have drinking water analyses for inorganics, pesticides and volatile organics performed by the state laboratory of hygiene or by a laboratory certified under s. 299.11, Stats., and ch. NR 149. Counties shall have drinking water analyses for coliform bacteria performed by the state laboratory of hygiene or a laboratory certified by the department of agriculture, trade and consumer protection under ch. ATCP 77. Counties shall have drinking water analyses for radiological substances performed by the state laboratory of hygiene or a laboratory acceptable to the U.S. environmental protection agency.