NR 812.091(10)(10) Modification. If a product or component is modified after approval is granted under this section, including a change in materials, chemical makeup, or intended use, the approval is void and the manufacturer shall submit a new request for approval from the department. NR 812.091(11)(11) Liability. Approval by the department does not relieve any person of any liability that may result from injury or damage suffered by any other person due to sale or use of an approved product or component. In addition, failure to comply with any condition of a department approval shall void the approval. NR 812.091 HistoryHistory: CR 18-095: cr. Register June 2020 No. 774, eff. 7-1-20. subch. II of ch. NR 812Subchapter II — New Water Well and Heat Exchange Drillhole Construction and Reconstruction and Filling and Sealing of Wells and Drillholes NR 812.10NR 812.10 Well driller and well constructor requirements. A well driller or well constructor is responsible for constructing a well according to all of the following requirements: NR 812.10(1)(1) License requirement. An individual who constructs a well shall be a licensed water well driller except that a license is not required for any of the following individuals provided all other requirements of this subchapter are met: NR 812.10(1)(a)(a) An individual performing well drilling on real estate owned or leased by that individual. NR 812.10(1)(b)(b) An individual employed by a licensed water well driller or a person registered as a business to perform well drilling. NR 812.10(1)(d)(d) An individual constructing a nonpotable water supply well. NR 812.10(2)(2) Well or drillhole location. A well driller or well constructor shall be responsible for properly locating a well. Wells shall be located to meet the minimum requirements specified in s. NR 812.08. NR 812.10(3)(3) Equipment and materials. A well driller or well constructor shall use the proper equipment and materials to enable compliance with the requirements of this subchapter. NR 812.10(4)(4) Construction methods. A well driller or well constructor shall comply with this chapter for the construction and reconstruction of all wells. A well driller or well constructor shall provide adequate protection for the top of the drillhole and the top of the well casing pipe to prevent surface contamination from entering the well during the drilling operation and when the driller is not at the drilling site. NR 812.10(5)(5) Approvals. A well driller or well constructor shall either obtain, or verify that the well owner has obtained, a department issued approval before the well construction operation is started on any well that requires an approval under s. NR 812.09 (4). A well driller or well constructor shall comply with any requirements of an approval issued by the department under s. NR 812.09 (4). NR 812.10(6)(6) Consultation with the department prior to drilling. A well driller or well constructor shall consult with the department prior to drilling in areas where the driller has been notified or determines that there are contaminated formations or groundwater contamination levels in excess of the standards specified in s. NR 812.06, or prior to drilling a well on a property identified by the department as having residual contamination and continuing obligations requiring listing on the department’s database under s. 292.12 (3), Stats. NR 812.10 NoteNote: Properties that are identified by the department as having residual contamination and continuing obligations can be found by searching the Wisconsin Remediation and Redevelopment Database which is available on the department’s website at dnr.wi.gov, search “WRRD.”
NR 812.10(7)(7) Noncomplying wells. When a well driller or well constructor has constructed a water well not initially located or constructed in compliance with this chapter, the well driller or well constructor shall pay all costs for bringing the well into compliance with this chapter. These costs include the cost of filling and sealing the noncomplying well, if necessary, but do not include the costs that would have been charged for an initial complying well construction. NR 812.10(8)(8) Well notification report verification. A well driller or well constructor shall either obtain a well notification or verify that the well owner has obtained a department well notification including the notification number, by obtaining a copy of the notification report, before the well construction operation is started. NR 812.10(9)(9) Permit verification. A well driller, well constructor, or drilling contractor shall obtain required permits from counties authorized to administer this chapter under ch. NR 845. If the property is located within the area served by a municipally owned water system, the well driller or well constructor shall verify that the well owner has obtained a well operational permit from the municipality in accordance with the municipality’s private well ordinance. NR 812.10(10)(10) Water sample collection, analysis and reporting. The well driller or the well constructor shall collect water samples, submit them to a certified laboratory for analysis, and provide the test results in compliance with s. NR 812.46. NR 812.10(11)(a)(a) The well driller or well constructor shall submit a well construction report, on a form prescribed by the department, within 30 days following the date of completion of any of the following activities: NR 812.10(11)(a)3.3. The construction of a dry drillhole or unsuccessful well that is not immediately filled and sealed. NR 812.10(11)(a)5.5. Well screen replacement if the screen is set more than 5 feet above or below the original screen depth setting. NR 812.10(11)(b)(b) The well driller or well constructor shall submit a complete and accurate well construction report to the department and to the well owner. The well driller or well constructor shall submit the well construction report to the department electronically beginning on January 1, 2023.