NR 812.44(5)(c) (c) The following comments or items of concern shall be noted on the inspection form:

NR 812.44(5)(c)1. 1. The existence of a driven point well installed before February 1, 1991, with a strong likelihood it contains less than 25 feet of casing pipe below the ground surface, not including screen.

NR 812.44(5)(c)2. 2. The inability of the contractor to find a well construction report for the well in department records either because one was never filed, the report had an incorrect geographic location, or the report was misfiled in department records.

NR 812.44(5)(c)3. 3. The existence of a well located in a special well casing depth area.

NR 812.44(5)(c)4. 4. The existence of a two-wire submersible pump, manufactured prior to 1979, in a well.

NR 812.44(5)(c)5. 5. Evidence of some corrosion, but not serious corrosion, on the visible portion of the well casing pipe.

NR 812.44(5)(c)6. 6. The existence of a well having an inaccessible or difficult location with respect to any future well construction or rehabilitation work.

NR 812.44(5)(c)7. 7. The existence of a well having an inaccessible or difficult location with respect to any future pump installation work.

NR 812.44(5)(c)8. 8. The existence of a non-vermin proof well cap or well seal. The cap or seal is required to be replaced with an approved vermin-proof cap or seal whenever any well drilling or pump installing work is done on the well and pressure system which involves removal of the well cap or well seal.

NR 812.44(5)(c)9. 9. The inspector may note any concerns regarding the condition, capacity or performance of the well and pressure system in the inspection, including well or pump yield, though it is not required for a property transfer well inspection.

NR 812.44(5)(d) (d) The property transfer well inspector shall indicate on the inspection form whether the well and pressure system comply with this chapter; comply with this chapter with the exception of needing a more comprehensive search or additional research; or does not comply with this chapter.

NR 812.44 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; CR 18-095: am. (1) (a), (d), (3), r. and recr. (4), am. (5) (b) 6., 13., 14., 16., (d) Register June 2020 No. 774, eff. 7-1-20.

subch. VII of ch. NR 812 Subchapter VII — Citations

NR 812.45 NR 812.45 Citations. The department may take enforcement action against any person who violates any of the provisions listed in sub. (1). The department shall consider the severity, duration, frequency, and environmental or health risks of the violation. The department will evaluate and address violations in accordance with the department stepped enforcement process. The department shall provide written notice of a violation and provide an opportunity to meet pursuant to s. 280.98 (4), Stats., before issuance of a citation.

NR 812.45(1) (1) Citations may be issued for violations relating to any of the following:

NR 812.45(1)(a) (a) Licensing and registration as provided in this chapter, ch. 280, Stats., or ch. NR 146.

NR 812.45(1)(b) (b) Disinfection requirements, as provided under ss. NR 812.12 (17), 812.27 (5), 812.41 (1), or 812.42 (13).

NR 812.45(1)(c) (c) Sampling and reporting requirements, as provided under ss. NR 812.04 (2), 812.09 (4) (a) 3., 812.10 (10), (11), or (15), 812.26 (7), 812.27 (12), 812.42 (13), 812.44 (3) or (4), or 812.46.

NR 812.45(1)(d) (d) Water systems that were installed before February 1, 1991, as provided under s. NR 812.42.

NR 812.45(1)(e) (e) Well or drillhole filling and sealing, as provided under s. NR 812.09 (4) (a) 5. or 812.26.

NR 812.45(2) (2) Prior to issuing a citation under par. (b), the department shall do all of the following:

NR 812.45(2)(a) (a) Issue a written warning outlining the violation.

NR 812.45(2)(b) (b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.

NR 812.45(3) (3) If the alleged violator does not attend the enforcement conference or make alternative arrangements to the department’s satisfaction, the department shall consider the requirement of s. 280.98, Stats., to be met, and shall base its enforcement decision on all available information.

NR 812.45 History History: CR 13-099: cr. Register September 2014 No. 705, eff. 10-1-14; correction in numbering made under s. 13.92 (4) (b) 1., Stats., correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-095: am. (1) (a) to (c), Register June 2020 No. 774, eff. 7-1-20.

subch. VIII of ch. NR 812 Subchapter VIII — Water sampling, analysis and reporting requirements

NR 812.46 NR 812.46 Water sampling, analysis and reporting requirements.

NR 812.46(1) (1) Samples required following well drilling, well construction or pump installing.

NR 812.46(1)(a) (a) Total coliform bacteria. A well driller, well constructor, or pump installer shall collect water samples to be analyzed for total coliform bacteria after performing any of the following activities as allowed by his or her license: