NR 812.42 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (intro.), (a), (b), (2) (intro.), (a), (d), (5) (b), (6) (a) 2., (b) 2., (e), (7) (intro.) (9) (a) 1., cr. (4) (f), (6) (b) 4., (g), (7) (e), Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (a) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2000, No. 533; CR 00-111: am. (1) (b), Register October 2001 No. 550, eff. 11-1-01; correction in (6) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-099: am. (1) (title), (intro.), (a), renum. (1) (b) to (b) 1., cr. (1) (b) 2. to 5., am. (1) (c), (2) (title), (intro.), (a), (c), renum. (d) to (d) 1. to 3. and am., renum. (3) to (3) (a) to (c), am. (4) (f), cr. (4) (g), (h), am. (6) (intro.), renum. (6) (a) 2. to 2. a., b. and am., cr. (6) (a) 2. c., am. (6) (b) 4., r. (7) (a), renum. (7) (intro.) to (7) (a), (7) (b) to (e) to (7) (a) 1. to 4., cr. (7) (b), (c), renum. (8) to (8) (b) to (d) and am., cr. (8) (a), (e), am. (9) (a) (title), 1., renum. (9) (a) 2. to (a) 2., 3. and am., cr. (9) (a) 4., am. (9) (b) (intro.), 2., 3., cr. (9) (b) 5. to 8., cr. (10) to (13) Register September 2014 No. 705, eff. 10-1-14; correction in numbering (11) (c) to (f) made under s. 13.92 (4) (b) 1., Stats., correction in (3) made under s. 13.92 (4) (b) 2., Stats., corrections in (2) (d) 1. b., (11) (c) 2., (f) made under s. 13.92 (4) (b) 7., Stats., September 2014 No. 705; CR 18-095: cr. (intro), r. (1) (intro.), am. (1) (title), (a), (b) 1 to 4., 5. (intro.), a., b., r. (1) (b) 5. c., d., cr. (1) (b) 6., 7., am. (1) (c), cr. Table E, am. (2) (intro.), (a) to (c), (d) (intro.), 1. b., 2., 3., (3), cr. (3m), am. (4) (e), (f), (g) (intro.), (h), (5) (intro.), (b), (c), (6) (a) 1., 2. a. to c., cr. (6) (a) 2. d., am. (6) (a) 3., (b) (intro.), 1., 2., 4., (c) to (e), (7) (title), (a) (intro.), (b), (c), (8) (a) (intro.), r. (8) (b), am. (8) (c), (d), (e), (9) (a) (title), 2., 3., 4. a. to c., (b) 4., cr. (9) (b) 9., am. (10), (11) (a), cr. (11) (am), am. (11) (b), (c) 2., (d), (e), (f), (12) (a) (intro.), 3., r. and recr. (13), Register June 2020 No. 774, eff. 7-1-20; (6) (a) (title), (b) (title), (c) (title) created under s. 13.92 (4) (b) 2., Stats., correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in Table E (title), (6) (b) (intro.), (9) (a) 2. made under s. 35.17, Stats., Register June 2020 No. 774.

NR 812.43(1)(1) When strict compliance with the requirements of this chapter is not feasible, a variance may be requested. All variance requests shall be in writing, except for situations that may require an immediate response, in which case a variance may be requested verbally from the owner, or the owner’s agent, and a verbal variance may be granted by the department to be followed up with a written confirmation. If the verbal request is made by the owner’s agent, the agent shall provide confirmation of the owner’s concurrence with the request. A variance request shall include the names of the owner or owners and, if known, the well or heat exchange driller, well constructor or pump installer. The reason or reasons compliance with the requirements for this chapter is not feasible shall also be provided. The department may require the owner or the owner’s agent to submit additional information necessary for the department to determine if a variance is justified. The owner or owners or the owner’s agent shall sign the variance request. The department may condition the issuance of a variance by requiring additional construction or installation features to safeguard the groundwater and water supplied by the installation from contamination. Failure to comply with the conditions of a variance or the applicable requirements of this chapter voids the variance approval.

NR 812.43(1)(b)(b) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a landfill may be granted by the department where conditions warrant, using the concept of comparable protection. Comparable protection may be provided by appropriate measures including a deeper well casing depth setting, specific grouting materials or methods, specific drilling methodology or additional well water sampling results. These measures will be determined by the department for the purpose of safeguarding the groundwater and the water supply from potential sources of contamination.

NR 812.43(2)(2) The department may grant a variance to the casing depth construction requirement specified in s. NR 812.14 (2) if the well constructor or well constructor’s agent demonstrates, and the department agrees, that adequate water quantity or water quality is not available below the required casing depth. If a variance is granted under this paragraph, the department may require additional conditions in the variance approval, including continuous chlorination or permanent cement grouting to the ground surface.

NR 812.43 HistoryHistory: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), Register, September, 1994, No. 465, eff. 10-1-94; CR 05-020: rn. (1) to be (1) (intro.) and am., cr. (1) (a) to (d) Register January 2006 No. 601, eff. 2-1-06; CR 13-096: am. (1) (intro.), CR 13-099, am. (1) (intro.), r. (1) (d) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 49 Register April 2016 No. 724; CR 18-095: am. (1) (a) (intro.), 1., (b), (c), r. and recr. (2) Register June 2020 No. 774, eff. 7-1-20.

NR 812.44(1)(c)(c) If the only work to be done is collecting water samples for analysis at time of property transfer and the laboratory test results are reported by the certified laboratory on a laboratory form and no other statements are made or opinions offered by the individual who collected the sample or by the laboratory or by anyone else, regarding the location, compliance, condition, capacity or performance of the well or pressure system or the location or existence or nonexistence of wells that need to be filled and sealed then the samples may be collected by someone other than a licensed water well driller or licensed pump installer.

NR 812.44(1)(d)(d) A county employee may conduct property transfer well inspections without being a licensed water well driller or licensed pump installer if the county has adopted a Level 3 county delegation program under ch. NR 845, the employee meets the training and examination requirements of s. NR 845.08, and the inspections are conducted as part of the county employee’s duties. Property transfer well inspections performed by Level 3 delegated county employees shall be conducted in accordance with the evaluation criteria in this subchapter and using the department form specified for property transfer well inspections.

NR 812.44(3)(3) Forms and instructions. The property transfer well inspector, when conducting property transfer well inspections, shall use the department form specified for that purpose. A separate form shall be completed for each well. The form shall be completed in full according to department instructions and shall be true and accurate. The property transfer well inspector shall provide the person who requested the inspection with the completed property transfer well inspection form. The inspector may attach their own forms or letters, provided those forms are not represented to be part of the department form. Use of the department form does not imply department approval of the well and pressure system. The property transfer well and pressure system inspection form shall not be submitted to the department except in the case of a variance request.

NR 812.44(5)(a)(a) A well and pressure system shall be evaluated for compliance with the requirements of this chapter in effect at the time of construction or installation, except that well and pressure systems installed before February 1, 1991 shall comply with the standards of subchapter IV. If a well and pressure system was ever used as a potable water supply, it shall be evaluated for compliance with the ch. NR 812 standards for potable water supplies. The inspection shall include all wells on the property.

NR 812.44(5)(b)1.1. The need for a more comprehensive search on the property, a diligent search for wells that need to be filled and sealed, or need for additional research when there are indications that potential violations may exist which are not fully identifiable as part of the basic inspection outlined in this paragraph. to 36. Potential violations include a possible unused well, a well possibly located in a floodway or floodplain, or a well possibly located too close to a potential contamination source, including a landfill. The department shall develop guidance for conducting comprehensive searches that fall outside a basic property transfer well and pressure system inspection.