Register September 2007 No. 621
Chapter NR 738
TEMPORARY EMERGENCY WATER SUPPLIES
NR 738.04 Determination of eligibility.
NR 738.045 Contaminated wells.
NR 738.05 Request for temporary emergency water supply.
NR 738.06 Eligible and ineligible services.
NR 738.07 Department approval and payment.
NR 738.08 Denial of requests or termination of funding.
NR 738.01
NR 738.01
Purpose. The purpose of this chapter is to provide criteria for using state moneys from the environmental fund for temporary emergency water supplies, when water supply systems have been adversely affected by environmental pollution from a site or facility subject to s.
292.31, Stats., or by a hazardous substance discharge subject to s.
292.11, Stats. This chapter is adopted pursuant to ss.
227.11 (2),
292.11 (7), and
292.31 (3), Stats.
NR 738.01 Note
Note: Section
144.027, Stats., as implemented under ch.
NR 123, provides for reimbursement from the well compensation fund for eligible costs associated with temporary and permanent water supply replacements.
NR 738.01 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621.
NR 738.02
NR 738.02
Applicability. This chapter applies to actions taken by the department under ss.
292.11 (7) and
292.31 (3), Stats., to provide temporary emergency water supplies to persons with water supplies adversely affected by environmental pollution from a site or facility subject to s.
292.31, Stats., or adversely affected by a discharge of a hazardous substance subject to s.
292.11, Stats.
NR 738.02 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621.
NR 738.03
NR 738.03
Definitions. The following definitions apply to this chapter:
NR 738.03(1)
(1) "Advisory" means a written opinion, issued by the department, containing a specific descriptive reference to the well or water supply and recommending that the well or water supply not be used because of potential human health risks.
NR 738.03(2)
(2) "Affected party" means a landowner, lessee or other person utilizing a contaminated well or water supply. Affected party does not include:
NR 738.03(2)(a)
(a) The state or any facility owned or operated by the state;
NR 738.03(2)(b)
(b) A city, village, town, county or special purpose district;
NR 738.03(3)
(3) "Connection to an existing water supply" means to join to an existing water supply that tests free from coliform bacteria, and is not a contaminated water supply.
NR 738.03(4)
(4) "Contaminated well" or "contaminated water supply" means a well which meets the criteria in
s. NR 738.045.
NR 738.03(6)
(6) "Plumbing" means that portion of the water distribution piping extending from the well to the various distribution points of use.
NR 738.03(7)
(7) "Substances of public health concern" means those substances found in Table 1 of
ch. NR 140 or any substance for which a health advisory is issued.
NR 738.03(8)
(8) "Temporary emergency water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means, or a temporary connection to an existing water supply, supplied at a capacity sufficient to satisfy water use functions impaired by the contaminated water supply.
NR 738.03(9)
(9) "Well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells and springs.
NR 738.03 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; r. (4) (a) to (c),
Register, February, 1996, No. 482, eff. 3-1-96.
NR 738.04
NR 738.04
Determination of eligibility. Except as otherwise provided in this chapter, an affected party may receive a temporary emergency water supply funded with moneys from the environmental fund if all of the following criteria are met:
NR 738.04(1)
(1) The source of potable water is from a contaminated well or contaminated water supply.
NR 738.04(2)
(2) The contamination is known or is suspected by the department to be from environmental pollution or a hazardous substance discharge subject to s.
292.11 or
292.31, Stats.
NR 738.04(3)
(3) Sampling is conducted in accordance with all of the following requirements:
NR 738.04(3)(a)
(a) Test analyses of at least one sample shall be taken. The department may require more than one sample be taken and analyzed.
NR 738.04(3)(b)
(b) The samples shall be analyzed by the state laboratory of hygiene or by a laboratory certified under s.
299.11, Stats., using a methodology specified in
ch. NR 809 or from a reference method authorized by
ch. NR 219.
NR 738.04(3)(c)
(c) Test results shall be sufficiently recent to reflect present water quality as determined by the department.
NR 738.04(4)
(4) An advisory is issued or approved by the department. If the department has issued an advisory, the sampling requirements of
sub. (3) may be waived.
NR 738.04 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; corrections in (2) and (3) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621.
NR 738.045
NR 738.045
Contaminated wells. A well is a contaminated well or a contaminated water supply for purposes of this chapter if it meets all of the following criteria:
NR 738.045(1)
(1) The well serves potable water for humans or humans and livestock;
NR 738.045(3)
(3) The well has been determined or is suspected by the department to have been adversely affected by a site or facility subject to s.
292.31, Stats., or by a hazardous substance discharge subject to s.
292.11, Stats.; and
NR 738.045(4)
(4) The well produces water that meets one or more of the following criteria:
NR 738.045(4)(a)
(a) Contains one or more substances of public health concern, other than bacteria or nitrates, in excess of a primary maximum contaminant level contained in
ch. NR 809;
NR 738.045(4)(b)
(b) Contains one or more substances of public health concern, other than nitrates, in excess of an enforcement standard established in
ch. NR 140; or
NR 738.045(4)(c)
(c) Is subject to a drinking water advisory from the department for substances other than bacteria or nitrates.
NR 738.045 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621.
NR 738.05
NR 738.05
Request for temporary emergency water supply. Any affected party may make a request to the department for provision of a temporary emergency water supply. The written request shall be submitted to the department's section chief for the emergency and remedial response section, bureau of solid and hazardous waste management, and shall contain the following information:
NR 738.05(1)
(1) The affected party's name, address and telephone number, including the area code.
NR 738.05(4)
(4) A statement requesting that the department provide a temporary emergency water supply under this chapter.
NR 738.05 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95.
NR 738.06
NR 738.06
Eligible and ineligible services.
