NR 812.02 Note
Note: Certain diversions of surface water for nonpotable uses require a permit under ch.
30, Stats.
NR 812.02(2)
(2) For the purposes of abandonment, the provisions of this chapter apply to all drillholes and wells including, but not limited to, mining exploration drillholes not regulated by
ch. NR 132, wells and drillholes not regulated by
s. NR 141.25 and elevator shaft drillholes.
NR 812.02(3)
(3) For the purposes of the prohibition of the underground placement of any substance as defined in s.
160.01 (8), Stats., the provisions of this chapter apply to all wells and drillholes.
NR 812.02 Note
Note: Private water systems and noncommunity water systems, located in counties delegated authority to administer this chapter under ch.
NR 845, are subject to county permit requirements.
NR 812.02 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (a) and (2), cr. (3),
Register, September, 1994, No. 465, eff. 10-1-94; correction in (1) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465.
NR 812.03
NR 812.03
Cooperation with the department. NR 812.03(1)(1) Well drillers, pump installers and well constructors shall, when requested by the department, give notice to the department at least on the department work day prior to the day upon which any well construction or reconstruction or any part thereof, any well abandonment or the installation of any pumping equipment, will commence or be completed.
NR 812.03(2)
(2) Well drillers and well constructors shall contact the Diggers Hotline not less than 3 business days prior to constructing or reconstructing a well on a property that is not within the service area of a municipally owned water system, so that Diggers Hotline may determine if the property where a well is proposed to be constructed or reconstructed is on the department's geographic information system registry of closed remediation sites and may notify the department if it is on the registry.
NR 812.03(3)
(3) Well drillers and well constructors shall contact the department to determine if any special construction is required if the well driller or well constructor proposes to construct or reconstruct a well on a property that is located within the service area of a municipally owned water system.
NR 812.03(4)
(4) Well drillers and well constructors shall, when requested by the department, contact the department to determine if any special construction is required if the well driller or well constructor is engaged to construct a new well or reconstruct an existing well because the existing well is known to contain contaminants in excess of the drinking water standards in
ch. NR 809.
NR 812.03 Note
Note: The Department of Natural Resource's GIS Registry of Closed Remediation Sites can be found at
http://www.dnr.state.wi.us/org/aw/rr on the DNR's internet site. Information that appears on the GIS Registry of Closed Remediation Sites can also be accessed by calling the nearest regional DNR office.
NR 812.03 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465;
CR 00-111: am.,
Register October 2001 No. 550, eff. 11-1-01.
NR 812.04
NR 812.04
Contracts for noncomplying installations. NR 812.04(1)(1) Well drillers, pump installers and well constructors shall ensure that the construction and reconstruction of wells or the installation of pumping equipment adheres to all the applicable provisions of this chapter or to approved comparable construction or installation requirements. Well drillers, pump installers and well constructors may not enter into any agreement, written or oral, for construction, reconstruction or installation which does not require compliance with the applicable provisions of this chapter or with approved comparable construction or installation requirements.
NR 812.04(2)
(2) When there is any construction, reconstruction or equipment installation on a noncomplying feature, the feature shall be upgraded and brought into compliance with the specifications in this chapter for new construction. The well driller or pump installer shall inform the water system owner or user of the water system of other noncomplying features, that are apparent and known, in writing on a department form. A copy of the form shall be filed with the department by the well driller, pump installer or by the water system owner or user within 10 days after the initial evaluation of the water system has been completed if the required repairs are not made.
NR 812.04 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am. (2),
Register, September, 1994, No. 465, eff. 10-1-94.
NR 812.05
NR 812.05
Disposal of pollutants; injection prohibition. NR 812.05(1)(a)
(a) "Drillhole" includes any excavation or opening that is deeper than it is wide, even if it extends less than 10 feet below the ground surface.
NR 812.05(1)(b)
(b) "Well" includes any excavation that is deeper than it is wide regardless of the excavation's depth or purpose.
NR 812.05(2)
(2) The use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance, as defined in s.
160.01 (8), Stats., underground is prohibited unless any of the following apply:
NR 812.05(2)(a)
(a) The placement is a department-approved activity necessary for any of the following:
NR 812.05(2)(a)1.
1. The construction, rehabilitation or operation of a well, drillhole or water system.
NR 812.05(2)(a)3.
3. The remediation of contaminated soil, groundwater or an aquifer.
NR 812.05(2)(b)
(b) The placement consists of grouting, sealing or abandonment materials as specified in
s. NR 812.20 or
812.26; grouting or abandonment materials as specified in
s. NR 811.16 or
811.17; sealing or abandonment materials specified in
s. NR 141.13 or
141.25; or other similar materials containing additives approved under
sub. (3).
NR 812.05(2)(c)
(c) The placement consists of bentonite grout, cement or concrete, or other similar materials containing additives approved under
sub. (3), for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement.
NR 812.05(3)
(3) The department may approve alternative materials or additives that are to be used in conjunction with the activities noted under
sub. (2). Approval shall be based on, but not limited to, such factors as the potential toxicity of an alternative material or additive, the effectiveness of an alternative material or additive for its specified use, the amount or quantity of material to be used, and the potential for use of an alternative material to result in groundwater contamination or otherwise harm human health or the environment.
NR 812.05(4)
(4) Only department approved groundwater tracers may be used for hydrogeologic studies. Approval shall be based on, but not limited to, such factors as the potential toxicity of a tracer, the effectiveness of a tracer for its use as specified in an application for approval, and the potential for use of a tracer to result in groundwater contamination or otherwise harm human health or the environment. A list of previously approved groundwater tracers is available from the department upon request.
NR 812.05(5)
(5) The following activities are not prohibited by this section:
NR 812.05(5)(a)
(a) Circulation of water or a food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.
NR 812.05(5)(b)
(b) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault.
NR 812.05(5)(c)
(c) Except for the disposal of a waste material, the placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.
NR 812.05(5)(d)
(d) Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground.
NR 812.05(5)(e)
(e) Injection activities conducted in conjunction with a metallic mineral mining operation approved under
ch. NR 132.
NR 812.05 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; am.
Register, September, 1994, No. 465, eff. 10-1-94; am.
Register, May, 2000, No. 533, eff. 6-1-00.
NR 812.06
NR 812.06
Drinking water standards. Private or non-community water systems producing water containing contaminant levels in excess of the primary drinking water standards contained in
ch. NR 809, the enforcement standards contained in
ch. NR 140, or other advisory levels identified by the department may be designated by the department as contaminated.
NR 812.06 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1994, No. 465.
NR 812.07
NR 812.07
Definitions. The following terms are defined as follows:
NR 812.07(1)
(1) "Adequate water supply" means a water supply which has a well yield and the pump capacity to provide the quantity and quality, where obtainable, according to
s. NR 812.06, of water necessary for human or sanitary use, or for the preparation of food products and other purposes for which the water is intended to be used.
NR 812.07(2)
(2) "Animal barn pen" means a covered, enclosed concrete area where animals are kept.
NR 812.07(3)
(3) "Animal yard" means an uncovered, paved or unpaved area in which animals are kept or manure is loaded. This includes an area where an individual animal is kept, but does not include a single pet kennel enclosing 3 or fewer adult pets on a residential lot.
NR 812.07(4)
(4) "Animal shelter" means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 3 or fewer adult pets on a residential lot.
NR 812.07(5)
(5) "Annular space" means the space between 2 concentric cylinders or circular objects, such as the space between an upper enlarged drillhole and a well casing pipe.
NR 812.07(7)
(7) "Approval" means the prior approval of the department.
NR 812.07(8)
(8) "Approved" means approved by the department.
NR 812.07(9)
(9) "ASSE" means American society of sanitary engineering.
NR 812.07(10)
(10) "ASTM" means the American society for testing materials.
NR 812.07(11)
(11) "Aquifer" means a geological layer of either unconsolidated material, usually sand or gravel or both, or bedrock lying below the ground surface, that is all or partially saturated with water and permeable enough to allow water to be extracted as from a well.
NR 812.07(12)
(12) "Artesian pressure" means water pressure in an aquifer sufficient enough to cause the groundwater level in a well to rise above the level at which it was encountered in the well whether or not the water flows at the ground surface.
NR 812.07(13)
(13) "Artesian well" means a well in which the groundwater rises above the level at which it was encountered in the well whether or not the water flows at the ground surface.
NR 812.07(14)
(14) "AWWA" means American water works association.
NR 812.07(16)
(16) "Bail-down method" means a method for setting a screen whereby the screen is fitted with an open pipe sleeve or a bail-down shoe at its lower end and sediment is removed from below the screen to allow the screen to settle into place.
NR 812.07(17)
(17) "Basement" means a subsurface structure or part of a structure in which the floor is entirely below grade.
NR 812.07(18)
(18) "Bedrock" means any naturally formed consolidated or coherent material of the earth's crust, composed of one or more minerals, rock fragments or organic material that underlies any soil or other unconsolidated surficial material or is exposed at the surface. Bedrock includes, but is not limited to limestone (dolomite), sandstone, shale and igneous and metamorphic crystalline rock, including granite, rhyolite, quartzite, gabbro, basalt, gneiss, schist, diorite and greenstone.
NR 812.07(19)
(19) "Cable-tool drilling machine" means a machine which uses a drill bit with a cutting edge at the bottom of a heavy string of tools suspended on a cable. The drillhole material is broken up by repeated lifting and dropping of the tools and bit.
NR 812.07(20)
(20) "Cistern" means a tank in which rainwater is stored or collected.
NR 812.07(21)
(21) "Clay" means an inorganic soil with grain size less than 0.074mm and with characteristics of low permeability and a plasticity index (PI) of more than 7.
NR 812.07(22)
(22) "Clay slurry" means a fluid mixture of water, clean native clay and drill cuttings or sand having a mud weight of at least 11 pounds per gallon.
NR 812.07(23)
(23) "Clear water waste" means cooling water and condensate drainage from refrigeration compressors and air-conditioning equipment, wastewater drainage from equipment chilling processes, condensate from steam heating systems or other equipment, foundation drainage water and other water containing no contaminants.
NR 812.07(24)
(24) "Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any public water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered a community water system unless information is available to indicate that 25 year-round residents will not be served.
NR 812.07(24m)
(24m) "Comparable protection" means to substitute alternative protective measures to provide similar or equal sanitary protection to that provided by this chapter including the well location requirements of
s. NR 812.08.
NR 812.07(25)
(25) "Conduit" means piping or tubing used to protect discharge or suction piping or electrical wires.
NR 812.07(26)
(26) "Confining bed" means a geological layer of either unconsolidated material, usually clay or hardpan, or bedrock, usually shale, that is all or partially saturated with water and having permeability low enough relative to the aquifer to give the water in the aquifer artesian head.
NR 812.07(27)
(27) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
NR 812.07(27m)
(27m) "Crawl space" means the space below a building having no basement; the space being at ground grade, in a depression or in an excavation.
NR 812.07(28)
(28) "DHS" means the department of health services.
NR 812.07(30)
(30) "Department" means the department of natural resources.
NR 812.07(30f)
(30f) "Detention basin" means an excavation into soils having low permeability or installed with a liner having low permeability, not having a permanent pool of water, designed and constructed to temporarily hold storm water to reduce peak discharges of storm water for flood control and to allow for the physical settling of pollutants.
NR 812.07(30m)
(30m) "Detention pond" means an impoundment that has a permanent pool of water and is designed to have the capacity to temporarily store storm water runoff to provide flood control and to allow for the physical settling of pollutants.
NR 812.07(30t)
(30t) "Ditch" means a long narrow excavation dug in the earth for the drainage of surface water.
NR 812.07(30x)
(30x) "Downslope location" means a well or reservoir is located directly down-gradient from a contamination source or a potential contamination source, regardless of the presence or absence of a structure between the well and the source, when the ground surface elevation at the well or reservoir is lower than the elevation at the source, and surface water that runs over the source would travel within 8 feet of the well or reservoir.
NR 812.07(31)
(31) "Drawdown" means the extent to which the water level or water pressure in and near a well is lowered when water is pumped or flows from the well.
NR 812.07(32)
(32) "Drilled wells" means wells or drillholes constructed by digging, boring, drilling, jetting, driving or similar methods. Drilled wells do not include driven point (sand point) wells unless driving the point is combined with a process to remove material below the 10-foot depth.
NR 812.07(33)
(33) "Drillhole" means an excavation, opening or driven point well deeper than it is wide that extends more than 10 feet below the ground surface.
NR 812.07(33)(a)
(a) "Heat exchange drillhole" means a drillhole used for closed loop heat exchange purposes.
NR 812.07(33)(b)
(b) "Lower drillhole" means that part of a drillhole below the vertical zone of contamination or below the well casing pipe.
NR 812.07(33)(c)
(c) "Upper enlarged drillhole" means a drillhole larger in diameter than the well casing pipe.
NR 812.07(34)
(34) "Drilling mud" means a fluid mixture of water, sodium bentonite, drill cuttings and any approved additives.
NR 812.07(35)
(35) "Driven point well" or "sand point well" means a well constructed by joining a drive point with lengths of pipe, and driving the assembly into the ground with percussion equipment or by hand, but without first removing material below the 10-foot depth.
NR 812.07 Note
Note: All other types of wells, including those constructed by a combination of jetting and driving, are drilled wells.
NR 812.07(35g)
(35g) "DSPS" means the department of safety and professional services.
NR 812.07(35m)
(35m) "Dug well" means a well consisting of a large diameter hole, deeper than it is wide, constructed into the ground, usually by hand, but if by mechanical means, by methods other than drilling, jetting or boring; and within which the side walls are supported by a curbing.
NR 812.07(37)
(37) "Established ground surface" means the permanent elevation of the surface of the site of a well.
