Chapter NR 845

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.

NR 845.16(8) (8) Forms. The department shall make available standardized forms to counties for use in the administration of ch. NR 812 and the county ordinance at the county’s authorized level of delegation.

NR 845.16(9) (9) County offices. The department shall maintain a list of county offices issuing private well location and pump installation permits. The list shall include office location, office hours, name of ordinance administrator and office telephone number.

NR 845.16(10) (10) Model ordinance. The department shall have a model ordinance available for use by counties.

NR 845.16(11) (11) Noncommunity water systems. The department shall provide counties with level 2, 3 or 4 delegation a list of noncommunity water systems in their jurisdiction.

NR 845.16 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.16 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; CR 18-095: am. (4) Register June 2020 No. 774, eff. 7-1-20.