Chapter NR 845

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.

NR 845.07(2) (2) The department shall arrange for water samples to be tested for coliform bacteria, nitrates and fluorides, routinely and at no cost to the county, through the state laboratory of hygiene if the sample is collected by a county employee as part of a private water system inspection under level 3.

NR 845.07(3) (3) As department resources and state laboratory of hygiene scheduling allows, laboratory testing for inorganics, volatile organic compounds (VOCs) and pesticides will be available to the county for samples collected by a county employee as part of a private water system inspection under level 3. Samples for inorganics, VOCs and pesticides submitted to the state laboratory of hygiene shall be scheduled for analysis in advance through the appropriate department district office. If the number of samples does not exceed available resources, the department district office may waive the scheduling requirement for inorganics.

NR 845.07(4) (4) The county may use an unregistered or uncertified laboratory for drinking water analyses for aesthetic parameters except when the purpose of the sampling is to characterize the effect of pollution sources on drinking water or groundwater quality.

NR 845.07(5) (5) The county shall submit copies of results of drinking water analyses performed at laboratories other than the state laboratory of hygiene to the department within 30 days of receipt of the analyses.

NR 845.07 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.07, Register, August, 1995, No. 476, eff. 9-1-95; corrections in (1) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 2000, No. 532.

NR 845.08 NR 845.08 County personnel.

NR 845.08(1) (1) Work hours. The administrator, a trained county inspector or county office staff shall be available at the administrator’s office for answering questions regarding permit applications and for accepting applications for well location or pump installation permits for a minimum of 4 regularly scheduled hours each working day.

NR 845.08(2) (2) Trained county inspectors.

NR 845.08(2)(a) (a) Any county employee conducting inspections is required to attend initial training sessions and pass an examination related to the delegation level at which her or his county is authorized. Examinations and training will relate to ch. NR 812 requirements, the technical aspects of well location, pump installation, existing private water systems and private well construction and water quality. Only county personnel who have attended the initial training sessions and successfully passed the department’s examination for her or his county delegation level or levels and has not violated the provisions of sub. (2) (b), (c) and (d) may conduct private water system inspections. Counties shall consult with the department for temporary exceptions to the training session and examination requirements for county inspectors. Inspectors shall be titled as follows: Level 1 - Well location inspector; Level 2 - Pump installation inspector; Level 3 - Private water systems inspector; Level 4 - Well construction inspector; and Level 5 - well and drillhole abandonment inspector.

NR 845.08(2)(b) (b) A county inspector may not grant variances.

NR 845.08(2)(c) (c) A county inspector may not issue permits that result in noncompliance with ch. 280, Stats., ch. NR 812 or the county ordinance.

NR 845.08(2)(d) (d) A county inspector shall attend continuing education classes conducted by or approved by the department. The annual department audit evaluation shall include a determination of whether the inspector granted any variances or issued any permits that resulted in noncompliance. Such action by an inspector may be cause for departmental reexamination of the inspector.

NR 845.08(2)(e) (e) All inspectors shall be trained to adequately conduct inspections commensurate with a county’s authorized delegation level for levels 1 to 3 and 5. In counties with delegation level 4, one or more inspectors shall be trained to do level 4 inspections and shall be the only inspectors conducting level 4 inspections.

NR 845.08 Note Note: The department recommends that counties authorized for delegation level 2, 3 or 4 employ registered sanitarians to perform pump installation inspections.

NR 845.08 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (2) (a) and (e), Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.08 and am., Register, August, 1995, No. 476, eff. 9-1-95; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.09 NR 845.09 Well location and pump installation permits.

NR 845.09(1) (1) Permits shall be issued from the office of the ordinance administrator designated by the county board of supervisors.

NR 845.09(2) (2) The administrator may not issue a permit for an application that shows noncompliance with ch. 280, Stats., or ch. NR 812 or the county ordinance. Only the department may issue variances.

NR 845.09(3) (3) The property owner shall be responsible for obtaining all permits. The well constructor or pump installer shall be responsible for ascertaining that all permits have been obtained or arrangements as specified in sub. (7) were made to obtain the permits before proceeding with well construction or pump installation. The county may grant authorization to proceed with well construction or pump installation after the required notification as specified in sub. (7) has been made. Well location permit applications and pump installation permit applications shall be signed by the property owner or the property owner’s designated agent. Permits shall be issued to the property owner. Well location and pump installation permit applications shall be submitted to the administrator at least 2 working days prior to construction or installation if the owner, well constructor or pump installer is interested in receiving information about potential contamination sources such as landfills; underground storage tanks; primary and replacement on site sewage disposal system areas on the development site and on adjacent properties; and special casing areas. Where a well location or pump installation permit application is submitted less than 2 working days prior to construction, the well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.

NR 845.09(4) (4) The administrator or designated representative shall assist applicants in preparing applications and approve, disapprove or notify an applicant of the need to seek a variance or special approval from the department or return the permit application due to incompleteness for all private water systems to be constructed or modified in the county within 2 working days following submission of the permit application. A county may reserve final approval or disapproval action of a permit which requires department action until the variance or special approval request has been acted on by the department.

NR 845.09(6) (6) The county may establish a schedule of fees for issuance of the permits and related inspections. Related inspections include inspections of new and existing private water systems commensurate with the county’s authorized level of delegation.

NR 845.09(7) (7) The well construction, pump installation or both may proceed immediately without the required county permit provided the property owner or the property owner’s designated agent gives notice to the administrator prior to construction or installation. Notification shall include the owner’s name, address, property legal description, proposed starting date and identification of the person who will be obtaining the permit. Unless other arrangements are made with the administrator, the permit shall be applied for on the first workday following initial construction or installation. The well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.

NR 845.09(8) (8) When construction or installation occurs on a weekend or holiday, notification shall be provided to the administrator on the first workday following the weekend or holiday in the manner described in sub. (7). Unless other arrangements are made with the administrator, the permit application shall be obtained on the first workday following the weekend or holiday. The well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.

NR 845.09(9) (9) A permit transfer application shall be submitted to the county when there is a change of well constructor, pump installer, or property owner after the application is submitted, but before well construction or pump installation is completed. Failure to submit a transfer application to the county shall invalidate a previously-issued permit. The application shall be on a form available from the department.

NR 845.09(10) (10) As soon as the well location or pump installation permit is received, it shall be displayed conspicuously at the well site during construction or installation and for a minimum of 7 days following completion of construction or installation or until the well and/or pump has been inspected by county staff, whichever occurs first.

NR 845.09(11) (11) The administrator shall issue written notice to each applicant whose permit application is disapproved. An application shall be disapproved if construction or installation would result in noncompliance with ch. NR 812, or if a construction or installation variance or special approval request was denied by the department. Each notice shall:

NR 845.09(11)(a) (a) State the specific reason for denial.

NR 845.09(11)(b) (b) Inform the applicant of the right to request a variance or special approval from the department and the procedures for requesting a variance or special approval.

NR 845.09(12) (12) A well location or pump installation permit shall be valid for a period of one year or until construction or installation is completed, whichever occurs first. If the permit expires, a new application shall be submitted to the administrator. Reapplications shall be evaluated so that construction or installation will comply with the provisions of ch. NR 812 in effect at the time of the reapplication. The administrator may require additional inspection and fees for reapplications.

NR 845.09 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.09, am. (2), (3), (7), (10), (11) and (12), r. (5) and (8), cr. (8), Register, August, 1995, No. 476, eff. 9-1-95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.10 NR 845.10 County enforcement procedures.

NR 845.10(1) (1) The county shall administer ch. NR 812 and the county ordinance in accordance with this chapter and chs. 59 and 280, Stats.

NR 845.10(2) (2) The county procedures for enforcement of the private water systems ordinance shall be outlined in the letter of application submitted by the county to the department requesting authority to administer ch. NR 812.

NR 845.10(3) (3) Each county shall utilize its authority under ch. 59, Stats., to appoint an administrator who shall investigate any case of noncompliance with ch. 280, Stats., ch. NR 812 or the county ordinance, related to the county’s delegation level and who shall issue orders to abate noncompliances.

NR 845.10(4) (4) A county may provide for enforcement of a private water system ordinance by forfeiture, injunction or both. A county may establish a schedule of forfeitures for noncompliance with the county ordinance.

NR 845.10(5) (5) The administrator shall refer cases of noncompliance with ch. 280, Stats., ch. NR 812 or the county ordinance to the district attorney or corporation counsel for prosecution.

NR 845.10(6) (6) The department may enforce ch. 280, Stats., and any rules of the department also covered by a county ordinance adopted under ss. 59.70 (6) and 280.21, Stats., if the department is engaged in audit or review activities, if there is reasonable cause to believe that the county ordinance and related enforcement program of the county is not in compliance with ch. 280, Stats., or department rules or if the department determines there are special circumstances requiring concurrent enforcement. The department shall continue to enforce ch. 280, Stats., and rules of the department not covered by a county ordinance in counties delegated ch. NR 812 authority and in counties not authorized to administer and enforce ch. NR 812.

NR 845.10(7) (7) Counties may not suspend or revoke the permit of a well driller or a pump installer.

NR 845.10 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.10 and am., Register, August, 1995, No. 476, eff. 9-1-95; corrections in (1), (3), (5) and (6), made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.11 NR 845.11 County applications for authorization. County applications for authorization to administer ch. NR 812 shall include the following:

NR 845.11(1) (1) A copy of the private water systems ordinance that will be adopted by the county board of supervisors.

NR 845.11 Note Note: The county may submit a draft copy of the ordinance to the department for review prior to submission to the county board of supervisors for approval. A model ordinance is available from the Department of Natural Resources, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921.

NR 845.11(2) (2) A description of the enforcement procedures to be used by the county for follow-up on noncompliance with ch. 280, Stats., ch. NR 812, or the county ordinance.

NR 845.11(3) (3) A signed statement from the district attorney or corporation counsel indicating a willingness to prosecute noncompliance with ch. 280, Stats., ch. NR 812 or the county ordinance.

NR 845.11(4) (4) The expected number of staff hours available per year for each level of delegation for the private water systems program. The number of staff to be trained at each delegation level shall be included.

NR 845.11 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.11 and am., Register, August, 1995, No. 476, eff. 9-1-95; corrections in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.12 NR 845.12 Performance standards. Tables II-VI contain performance standards for delegation levels 1 to 5. These standards are established as levels to guide county efforts and to provide a means for the department to evaluate the effectiveness of county programs. Failure to meet the minimum standards, as determined in the department audit, is cause for the department to place a county on probationary status or to revoke a county’s program authority. In the event the county determines it cannot meet the minimum standards, this information shall be conveyed to the department at the earliest possible time. In addition to the performance standards contained in Tables II to VI, the department may consider any other activity, in review of a county’s program, the department determines to be an indication of a county’s ability to administer and enforce the private water system ordinance and program.

NR 845.12 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (intro.), cr. Table VI, Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.12, Register, August, 1995, No. 476, eff. 9-1-95.

NR 845.13 NR 845.13 Probation.

NR 845.13(1) (1) The department may invoke a probationary period of 6 to 12 months for county failure to administer and enforce ch. 280, Stats., ch. NR 812 or the county ordinance under any of the following conditions:

NR 845.13(1)(a) (a) The employment of an inspector who:

NR 845.13(1)(a)1. 1. Is not trained according to the standards of s. NR 845.08 (2), or

NR 845.13(1)(a)2. 2. Granted variances or issued permits resulting in noncompliance with ch. 280, Stats., ch. NR 812, or the county ordinance.

NR 845.13(1)(b) (b) Failure to meet the minimum annual performance standards specified for tasks in the county’s delegation level. See Tables II to V for the minimum performance standards at each delegation level.

NR 845.13(1)(c) (c) Granting a variance to ch. NR 812.

NR 845.13(1)(d) (d) Issuing a permit for an application signed by an unregistered well driller or pump installer except for an owner installation authorized under s. 280.15 (4), Stats.

NR 845.13(1)(e) (e) Issuing permits for an application that shows noncompliance with ch. 280, Stats., ch. NR 812 or the county ordinance.

NR 845.13(1)(f) (f) Failure to enforce the ordinance in conformance with ch. 280, Stats., and the rules of the department adopted under ch. 280, Stats.

NR 845.13(2) (2) A county shall be placed on probation for a 6 month period when it reenters the county delegation program after having its delegation authority revoked by the department.

NR 845.13(3) (3) The probation period shall include closer contacts, such as joint field inspections and telephone calls, between county and department personnel to provide increased training opportunities.

NR 845.13(4) (4) The probationary period may be shortened or extended at the discretion of the central office. The department shall provide a county 30 days notice, in writing, of any change in the probationary period.

NR 845.13(5) (5) Depending upon the severity of the factor or factors leading to probation, the department may conduct special audits to evaluate improvement in a county’s performance during or at the end of the probationary period.

NR 845.13 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (c), Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.13 and am., Register, August, 1995, No. 476, eff. 9-1-95; corrections in (1), made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.

NR 845.14 NR 845.14 Revocation.

NR 845.14(1) (1) The department may revoke a county’s authority to administer and enforce ch. NR 812 and the county ordinance following a public hearing conducted by the department upon 30 days notice to the county under any of the following conditions:

NR 845.14(1)(a) (a) Failure to have in effect a private water system ordinance meeting the requirements of this chapter.

NR 845.14(1)(b) (b) Repeated failure to meet the minimum annual performance standards specified for tasks in the county’s delegation levels.

NR 845.14(1)(c) (c) Failure to achieve minimum performance standards at the next annual audit following a probation period.

NR 845.14(1)(d) (d) When evidence exists of a county’s flagrant nonperformance of its delegation responsibilities.

NR 845.14(1)(e) (e) Repeated violations of s. NR 845.13 (1) (c) to (f).

NR 845.14(2) (2) When county delegation is revoked under sub. (1) (a), the county’s authority shall be revoked until the deficiency is corrected. The county may receive reauthorization from the department following submission of a private water system ordinance that has been approved by the county board of supervisors. For revocations under sub. (1) (b), (c), (d) or (e), the county’s authority shall be revoked for at least 6 months or until the condition is corrected, whichever is longer, and the county receives reauthorization from the department following submission of a new application.

NR 845.14(3) (3) Counties with delegation level 2, 3 or 4 under revocation may apply for level 1 delegation 90 days following the effective date of revocation.

NR 845.14 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.14 and am., Register, August, 1995, No. 476, eff. 9-1-95.

NR 845.15 NR 845.15 Commendation. The department shall issue a certificate of outstanding contribution to protection of the state of Wisconsin’s citizens and groundwater resources to counties and their administrators who achieve an excellent rating at the annual audit for all performance criteria associated with their delegation levels.

NR 845.15 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.15, Register, August, 1995, No. 476, eff. 9-1-95.

NR 845.16 NR 845.16 Department responsibilities.

NR 845.16(1) (1) Department approval. The department may specify categories of private well construction or pump installation requiring department approval.

NR 845.16(2) (2) Review and audit. The department shall periodically review and audit each county’s private water systems program and ordinance adopted under s. 59.70 (6), Stats., to ascertain compliance with ch. 280, Stats., ch. NR 812 and this chapter. The review shall include a random audit of well location or pump installation permit applications, field inspection forms and other correspondence and verification of county inspections by on-site inspections conducted by the department.

NR 845.16(3) (3) Compliance. If a county ordinance or delegation program is not in compliance, the department may revoke the authority of the county to enforce the ordinance. Revocation shall be made pursuant to written department findings made after a public hearing held in the county upon 30 days advance notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with ch. 280, Stats., and department rules adopted thereunder.

NR 845.16(4) (4) Variances. The department may issue a variance under s. NR 812.43 allowing the well construction or pump installation features of a private water system to vary from ch. NR 812 requirements if department approved conditions are met.

NR 845.16(5) (5) Training services. The department shall conduct or approve training programs for county inspectors and be available to advise county inspectors.

NR 845.16(6) (6) Correspondence. The department shall refer inquiries related to a county’s level of delegation to the county for follow-up. Follow-up procedures are described in the uniform private water systems guidance manual. The department shall provide counties with copies of correspondence relevant to their authorized delegation levels concerning private water systems within their jurisdiction.

NR 845.16(7) (7) Guidance manual. The department shall maintain a uniform private water systems guidance manual outlining procedures for inspections and investigations and related information. Copies of the guidance manual shall be provided by the department to counties.