NR 845.05(3)(a)(a) Follow-up on all initial bacteriologically-unsafe sample results in the county, that the county is informed of, from all private water systems located in the county covered under this chapter submitted to the county health department laboratory or other laboratories certified by the department of health services under s. 143.14, 1993 Stats. Initial unsafe sample follow-up shall consist of, at a minimum, a telephone contact or form letter, but may be an on-site visit. The county shall advise the property owner what action should be taken and offer further assistance. Follow-up on initial bacteriologically-unsafe results from samples analyzed by the state laboratory of hygiene need not be done by the county. If further assistance is requested following a second unsafe sample submitted to the state laboratory of hygiene, the county health department laboratory or other laboratories certified by the department of health services, the county shall follow the procedures described in the uniform private water systems guidance manual. Problems with private water systems which require action beyond the authorized delegation level of the county shall be referred to the department.

NR 845.05(3)(b)(b) Annually inspect 10% of the existing noncommunity water systems located in the county. The county shall collect coliform bacteria and nitrate samples for the systems inspected each year and follow-up on bacteriologically-unsafe samples and samples exceeding the primary drinking water standard for nitrates. Follow-up procedures are described in the uniform private water systems guidance manual. When all noncommunity wells in the county have been inspected and sampled under this program, the county shall repeat the inspection and analysis procedure described in this paragraph.

NR 845.05(3)(c)(c) On the request of a property owner or a lending institution, conduct an inspection of the well and pump installation and collect a water sample for coliform bacteria analysis, and if also requested collect a nitrate-nitrogen sample, for the private water system.

NR 845.05(3)(d)(d) Conduct a private water system inspection and evaluation whenever any water sample is collected as part of complaint or problem follow-up unless authorized not to do so by the department.

NR 845.05(3)(e)(e) Require upgrading of all inspected private water systems that are not in compliance with the minimum well location and pump installation standards of ch. NR 812.

NR 845.05(4)(a)(a) Inspect new private wells during the actual construction phase or immediately following construction to ensure compliance with ch. NR 812 well construction requirements.

NR 845.05(4)(b)(b) Follow-up on problems with new and existing private water systems due to well construction, in addition to problems associated with pump installation or private well location.

NR 845.05(4)(c)(c) Check the well driller’s license, equipment and materials to ensure that department approved materials and methods are used. Follow-up procedures are described in the uniform private water systems guidance manual.

NR 845.05(5)(5) Level 5 - well and drillhole abandonment. Under level 5 delegation a county shall require the abandonment of wells and drillholes in accordance with standards established in s. NR 812.26. A county with level 5 delegation may also require the abandonment of a well, as defined in this chapter, with water exceeding a primary drinking water standard listed in ch. NR 809 or a state health advisory limit issued by the department, after consultation with and approval by the department.

NR 845.05 HistoryHistory: Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (1) (d), renum. (1) (e) to be (1) (d), am. (1) (intro.), (1) (a), (2) (intro.), (3) (intro.), (4) (intro.), cr. (5) Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.05 and am., Register, August, 1995, No. 476, eff. 9-1-95; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (3) (a) made under s. 13.92 (4) (b) 6., Stats., Register April 2023 No. 808.

NR 845.06(1)(a)(a) Adoption of ordinance. Each county authorized by the department to administer and enforce ch. NR 812 under any delegation level shall adopt a private water systems ordinance, no less stringent nor more stringent than ch. 280, Stats., and department rules adopted under ch. 280, Stats. The ordinance shall be commensurate with the level or levels of the county’s delegated authority. The ordinance shall apply to the entire county and shall include cities, towns, villages and sanitary districts in the county.

NR 845.06(1)(b)(b) Repeal of ordinance. A county may rescind participation in the delegation program by repealing the private water system ordinance in its entirety or by repealing portions of the ordinance authorizing participation in a specific delegation level. The county shall notify the department of its intention to withdraw from participation in the county delegation program in writing at least 30 days prior to date of repeal of all or any part of the county ordinance.

NR 845.06(1)(c)(c) Ordinance provisions.

NR 845.06(1)(c)1.a.a. Prohibit the installation of a private water system by a well constructor or pump installer unless the owner of the property on which the system is to be installed holds a valid permit as required by the county ordinance.

NR 845.06(1)(c)1.c.c. Require the abandonment of wells or drillholes in accordance with standards established in ch. NR 812. A county may require the abandonment of a well with water exceeding a primary drinking water standard listed in ch. NR 809, or a state health advisory limit issued by the department, after consultation with and approval by the department.

NR 845.06(1)(c)2.a.a. Enter property to inspect private water systems during reasonable hours. To administer and enforce the county ordinance, the administrator or county inspectors may enter any building or property for the purpose of inspecting the private water system and may request the owner or operator to produce any private well location or pump installation permit required by the county ordinance. No person may interfere with the administrator or county inspectors in the performance of their duties. Any person interfering is subject to penalty as provided in the county ordinance. If consent to enter property for inspection purposes is denied, the administrator may obtain a special inspection warrant under s. 66.0119, Stats.

NR 845.06(1)(c)2.b.b. Order any person owning, operating or installing a private water system to abandon, modify, repair or replace the private water system in a complying, safe and sanitary condition if the system is not in compliance with the standards established in s. NR 812.26.