Local authority. 280.21(1)(1)
The department may authorize counties to adopt ordinances under s. 59.70 (6) (b)
, relating to the enforcement of this chapter and rules of the department under this chapter. The department shall establish by rule standards for approval of ordinances and enforcement programs. Among other things, the rules may:
Include personnel, training, reporting and other requirements;
Establish separate standards for different categories of wells and enforcement actions;
Require approval by the department before a variance may be granted; and
Establish exemptions from licensing or alternate licensing requirements for replacement of a pump in an emergency.
(2) Private wells.
The department shall define by rule “private well" and “private wells" as used in this section and s. 59.70 (6)
. The definition may not include wells for which plans and specifications must be submitted to the department for approval prior to construction or installation.
The department shall provide training and technical assistance to local government employees and agents for implementation of this section and s. 59.70 (6)
. The department may charge each county which receives training and technical assistance a fee for those services. Fees may not exceed the department's actual costs of providing the services.
(4) Review and audit.
The department shall review and audit periodically each ordinance and program adopted under s. 59.70 (6)
to ascertain compliance with this chapter and with rules of the department under this chapter. If an ordinance or related program is not in compliance, the department may revoke the authority of the county to enforce the ordinance. Revocation may be made only pursuant to written department findings made after a public hearing held in the county upon 30 days advance notice to the clerk of the local unit of government.
(5) Concurrent enforcement.
The department may enforce this chapter and rules of the department under this chapter that are covered by an ordinance adopted under s. 59.70 (6)
, in the county with the ordinance, if the department is engaged in audit or review activities, if there is reasonable cause to believe that the ordinance or related enforcement program of the county is not in compliance under sub. (4)
or if the department determines that there are special circumstances requiring concurrent enforcement. The department shall continue to enforce this chapter and rules of the department under this chapter that are not covered by an ordinance in counties with ordinances adopted under s. 59.70 (6)
History: 1983 a. 410
; 1995 a. 201
; 1995 a. 227
; Stats. 1995 s. 280.21.
Report on aquifer recovery system. 280.25(2)
The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.
History: 2001 a. 109
Well and heat exchange drillhole abandonment; property transfer inspections.
Notwithstanding s. 280.01 (6)
, in this section, “water supply well" means an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.
(2) Well abandonment.
An individual may not fill or seal a water supply well unless one of the following applies:
The individual is a licensed driller who is authorized by the department to engage in well drilling or licensed pump installer.
The individual is under the supervision of a licensed driller who is authorized by the department to engage in well drilling or licensed pump installer or the individual is under the supervision of a water system operator certified under s. 281.17 (3)
and the well is within the service area of the local governmental water system for which the certified operator works. The licensed or certified individual is not required to be present during the filling or sealing.
The individual is a water system operator certified under s. 281.17 (3)
and the well is within the service area of the local governmental water system for which the individual works.
(2m) Heat exchange drillhole abandonment.
An individual may not fill or seal a heat exchange drillhole unless the individual is a licensed driller who is authorized by the department to engage in heat exchange drilling.
(3) Property transfer well inspections. 280.30(3)(a)(a)
An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems on the real property unless the individual is a licensed driller who is authorized by the department to engage in well drilling or a licensed pump installer.
The department shall promulgate rules for inspections and evaluations described in par. (a)
History: 2005 a. 360
; 2011 a. 150
See s. NR 812.26
, Wis. adm. code.
Except as provided in s. 280.98 (3)
, any person who violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not more than 30 days, or both. Each day during which a violation continues constitutes a separate offense that may be punished separately.
History: 1993 a. 482
; 1995 a. 227
; Stats. 1995 s. 280.97; 1997 a. 27
; 2005 a. 360
Except as provided in sub. (5)
, the department may follow the procedures for the issuance of a citation under ss. 23.50
to collect a forfeiture as specified in sub. (3)
from a person who commits a violation specified under sub. (2)
The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or drillhole abandonment to which sub. (1)
A person who commits a violation specified under sub. (2)
shall, if the department issues a citation under sub. (1)
, be required to forfeit $500 for a first violation and $1,000 for a 2nd or subsequent violation of the same provision.
The department shall promulgate rules that specify an enforcement process that the department must follow before issuing a citation under sub. (1)
. The department shall include in the enforcement process under this subsection an enforcement conference with the person against whom enforcement is contemplated.
does not apply to a community water system, as defined in s. 281.62 (1) (a)
, that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.
History: 2005 a. 360
; 2011 a. 150