CR 25-013 Rule Text

The statement of scope for this rule, SS 049-23, was approved by the Governor on July 28, 2023, published in Register No. 812A1 on August 7, 2023, and approved by the Natural Resources Board on September 27, 2023. This rule was approved by the Governor on insert date.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING AND AMENDING, CONSOLIDATING, RENUMBERING, AND AMENDING; AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 811.02 (76) and (76) (Note), 812.07 (1h), (57w), (57w) (Note), (60e), (60e) (Note), (69), (74) (a) to (e), (79) (Note), and (110), 812.091 (2) (f) and (g) and (6) (a) to (d), 812.10 (6) (Note), 812.27 (2) (a) and (b), 812.31 (2) (d) and (4) (e) and (f), 812.32 (4) (d) 1., 812.35 (2) (Note 1), 812.42 (3m), (4) (h), and (11) (am), and 812.44 (5) (b) 27.; to renumber and amend NR 812.08 (4), 812.091 (6) (intro.), 812.27 (2) (intro.), and 812.32 (4) (d) 2.; to consolidate, renumber, and amend NR 812.31 (5) (intro.), (a), and (b); to amend NR 810.02 (51), 812.07 (1p), (17), (38), (62), (62) (Note), (75p) (Note), (79), (82), (85), (87), (109), (112q), and (124), 812.08 Table A, 812.09 (4) (f), 812.10 (6) and (11) (a) 5., 812.12 (3), 812.13 (6) (b) 1. to 3. and (7) (b) 2., 812.14 (3) (b), (4) (b) 2. and 3., (8) (b) and (e), and (10), 812.151 (5) (b) and (13), 812.26 (5) (m) and (6) (g) 2., 812.27 (3) and (5), 812.31 (2) (a) to (c) and (4) (a) and (d), 812.32 (1) (f), (4) (b) 1., 1. a. and b., and 2. a. to c., (5) (a), (7) (a) and (b), and (9) (title), (a), and (c) 3., 812.35 (intro.), 812.36 (1), 812.39 (2), 812.40 (intro.), (1), (2), (3), and (4), 812.42 (2), (4) (b) to (d), and (7) (a) 1. to 3., 812.45 (1) (c), and 812.46 (1) (a) 2. and (2) (b) 2. and (c) 1.; to repeal and recreate NR 812.09 (4) (v), 812.151 (4), 812.28, 812.32 (9) (c) 1. and 2., 812.33 (2), 812.42 (title), and 812.43; and to create NR 812.07 (18m), (30p), (66m), (74m), and (112t), 812.08 (4) (a) to (c), 812.091 (2) (em) and (gm) and (3) (d), 812.10 (11) (a) 6., 812.12 (3) (Note), 812.153, 812.27 (1) (c) to (e), 812.29 (1) (title), (2) (title), (3) (title), and (5) (title), 812.31 (2) (intro.) and (dm), (3) (a) (title) and (b) (title), and (4) (b) (title) and (c) (title), 812.32 (1) (a) (title), (b) (title), (c) (title), (d) (title), (e) (title), and (f) (title), (7) (intro.), (c) and (d), and (9) (c) (intro.) and 4., 812.37 (2) (L), and 812.42 (1) (d) and (4) (intro.) relating to updating, correcting and clarifying existing code requirements and adding requirements for new pump installations and water treatment and other specified code requirements and affecting small business.

DG-03-23

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Chapters 280 and 281, Wis. Stats.

2. Statutory Authority: Chapters 280 and 281, Wis. Stats.

3. Explanation of Agency Authority:

Chapter 280, Wis. Stats., establishes the statutory authority and framework for regulation of private water systems. Section 280.11(1), Wis. Stats., specifically directs the department to prescribe, publish, and enforce minimum reasonable standards and rules for methods to obtain pure drinking water for human consumption, and to establish safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption. This statute gives the department general supervision and control over all methods of obtaining groundwater for human consumption; authority to prescribe, amend, modify, or repeal any applicable rule; and authority to perform any act deemed necessary for the safeguarding of public health. Section 280.13(1), Wis. Stats, gives the department authority to exercise powers and promulgate rules reasonably necessary to carry out and enforce the provisions of ch. 280, Wis. Stats.

Chapter 281, Wis. Stats., gives the department authority to establish, administer and maintain a safe drinking water program no less stringent than the requirements of the Safe Drinking Water Act (s. 281.17(8)(a), Wis. Stats.) and regulate groundwater withdrawals (s. 281.34, Wis. Stats.), and includes enforcement authorities (s. 281.98, Wis. Stats.). Chapter 299 provides additional enforcement authority.

4. Related Statutes or Rules:

— Chapter NR 146, Wis. Adm. Code, implements the licensing and registration requirements of ch. 280, Wis. Stats., for water well drillers, heat exchange drillers, pump installers and rig operators.

— Chapter NR 809, Wis. Adm. Code, establishes minimum standards and procedures for the protection of public health, safety, and welfare in the obtaining of safe drinking water.

— Chapter NR 810, Wis. Adm. Code, governs the general operation and maintenance of all public water systems.

— Chapter NR 811, Wis. Adm. Code, governs the general operation and design of community water systems.

5. Plain Language Analysis: The primary objectives of revisions to ch. NR 812, Wis. Adm. Code, are to correct and clarify language, streamline processes, update construction and pump installation standards, and ensure consistency with federal and state law related to well construction and pump installation. Specific proposed rule changes are described below:

— Correct cross-references in other NR codes.

— Add or revise definitions in s. NR 812.07 to provide clarity. Delete definitions in s. NR 812.07 that are not used in the code.

— Revise s. NR 812.08 (4) to simplify and clarify compliance with separation distances to possible contamination sources. This was done by reorganizing and rewording the text to make it easier to read and understand. Table A was also edited to clarify the setback requirements for residential propane tanks.

— Revise ss. NR 812.09 and 812.33 to clarify when an approval is required for nonpressure storage vessels.

— Revise s. NR 812.091 to allow use of pitless adapters and well caps or seals that meet the standards set out in s. NR 812.28 without further approval by the department.

— Revise s. NR 812.10 (6) to remove duplicative language referencing continuing obligations, in order to clarify when a contractor needs to consult with the department.

— Revise s. NR 812.10 (11) to clarify when a well construction report needs to be filed with the department. Language was added clarifying that a report is only needed when a screen is replaced on a well that has no construction report on file, and requiring a report for the construction of a test drillhole or test heat exchange drillhole as allowed under s. NR 812.09 (4).

— Revise ss. NR 812.13 and 812.14 to modify the mud weight requirements for driving casing to make is easier for drillers to comply with grouting requirements. The mud weight was reduced and language requiring drill cuttings was removed to allow for grouting to proceed more smoothly in most cases going forward.

— Revise s. NR 812.13 (7) (a) 2. to clarify grouting requirements. This was done by adding a more specific reference to sub. (8) (b) or (d).

— Revise s. NR 812.14 (8) to expand the use of bentonite chips in fractures formations. This was done by adding language to allow drillers to bring the chips to the ground surface rather than requiring neat cement grouting after the fractures are filled, when appropriate.

— Revise s. NR 812.151 to clarify the requirements for heat exchange drillhole construction. This was done by reorganizing the content and removing duplicate language.

— Create s. NR 812.153 to create minimum standards for the construction of dewatering wells. The language creates standards for both temporary and permanent dewatering wells that were not present in the previous version of the code and addresses the location, discharge, sanitary protection, well screen and casing requirements for dewatering wells.

— Revise ss. NR 812.26 (3), 812.26 (5), 812.36 (1) and 812.42 (2) to remove references to valve pits. Pits containing only valves are regulated through the plumbing code and do not fall under department authorities granted under ch. 280 or 281, Wis. Stats.

— Revise multiple sections of subch. III of ch. NR 812 to:

— Streamline and modernize the pump installation requirements for new well construction and provide consistent protection for all types of pump installations.

— Clarify pump installer responsibilities for submitting samples, placing water lines, disinfecting wells and ensuring that flowing wells are controlled.

— Clarify requirements for attaching pitless adapters to wells.

— Clarify requirements for new storage tanks and reservoirs and reduce the frequency with which an approval from the department would be required.

— Be consistent with Department of Safety and Professional Services (DSPS) requirements for water line location relative to septic system features.

— Clarify requirements for hand pump installations and modify the requirement for pump platforms to only require a platform on a non-community public water system.

— Clarify requirements for recording total water usage on high capacity wells.

— Revise ss. NR 812.42 and 812.44 to allow for wells with casing diameters that do not match construction standards at the time they were constructed to be worked on and not identified as non-complying.

— Revise s. NR 812.43 to:

— Add application and form requirements to allow for consistent information to be submitted to the department.

— Reorganize content for clarity.

— Add cross-references that were previously omitted.

— Revise s. NR 812.45 to correct cross-references to citable offenses that were previously omitted during a prior code revision.

— Revise s. NR 812.46 to eliminate the requirement to sample a well for bacteria when a pressure tank is replaced but the pump installer makes no entry into the well. This was done to match DSPS plumbing code requirements for the same work conducted by a Master Plumber.

6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Federal law does not directly regulate the construction of wells or heat exchange drillholes and does not regulate the installation of pumps. For public drinking water systems, Wisconsin is a primacy state, with the primary responsibility to enforce state drinking water regulations consistent with the federal Safe Drinking Water Act. One federal requirement of Wisconsin’s primacy role, under 40 CFR s. 142.10 (b) (5), is that the state assures that the design and construction of new or substantially modified public water system facilities will be capable of compliance with the state primary drinking water regulations. For non-community public drinking water systems, ch. NR 812, Wis. Adm. Code, provides the design and construction standards to meet this federal requirement.

7. If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope: A preliminary hearing was not required for this scope statement.