Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to
june.everson@wisconsin.gov or by calling (608) 266-6669
. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Availability of the proposed rules and fiscal estimate
The proposed rules and supporting documents, including the fiscal estimates, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to
june.everson@wisconsin.gov or by calling (608) 266-6669.
Submitting Comments
Comments on the proposed rules must be received on or before 4:30 PM on December 20, 2013. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Steve Ales
Wisconsin Department of Natural Resources, DG/5
P.O. Box 7921
Madison, WI 53707-7921
Internet: Use the Administrative Rules System Web site at the link provided above.
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
280.11 (1), Wis. Stats., grants authority to the department to, among other things, establishment of all safeguards necessary in protecting public health against the hazards of polluted or impure water supplies. Specifically, s.
280.15 (3g), Wis. Stats., requires compliance with licensing, training and education requirements promulgated by the department by rule for water well drilling rig operators. Section
280.30, Wis. Stats., requires licenses or registrations for persons performing property transfer well inspections or water well filling and sealing. Section
280.98, Wis. Stats, requires the department to promulgate rules for issuance of citations for specific licensing or well and pump code violations. Section
281.11, Wis. Stats., authorizes the department to serve as the central unit of government to protect maintain, and improve the quality and management of the waters of the state, ground and surface, public and private.
Section
281.12, Wis. Stats., provides that the department shall have general supervision and control over waters of the state. Section
281.19, Wis. Stats., grants authority to the department to adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available methods for preventing and abating pollution of the waters of the state.
Related statutes or rules
Chapter
280, Wis. Stats. — Pure Drinking Water, provides definitions for terms, defines the powers of the department, and lays out well drilling registration, licensing and qualification requirements and fees for such. It also defines certain prohibitions and exceptions, local authority and defines penalties and citations.
Chapter
281, Wis. Stats. — Water and Sewage, designates the department as the central unit of government to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private, provides that the department shall have general supervision and control over waters of the state, and grants authority to the department to adopt rules applicable throughout the state for the construction, installation, use, and operation of practicable and available methods for preventing and abating pollution of the waters of the state.
Chapter
NR 146, Wis. Adm. Code — Well Driller and Pump Installer Registration, provides definitions, registration requirements, defines the requirements for the initial application and registration conditions. It also defines requirements for out-of-state drillers, renewals and the registrant responsibilities, as well as license suspension and revocation criteria.
Chapter
NR 812, Wis. Adm. Code — Well Construction and Pump Installation, provides purpose, applicability, cooperation with the department, contracts for noncomplying installations, disposal of pollutants and injection prohibition, drinking water standards, definitions and location criteria, well filling and sealing requirements, requirements of new pump installations and water treatment, standards for existing installations, and variance conditions.
Plain language analysis
The proposed rules amend chs.
NR 146 and
NR 812, Wis. Adm. Code, to create specific requirements for property transfer well inspections to help protect sources of drinking water as well the health of consumers. The proposed rules do not require inspections of wells at time of property transfer, but sets uniform minimum standards if an inspection is performed. The proposed rule changes will reduce the amount of time staff currently spend answering questions and writing variances because several requirements for existing wells have been simplified and/or eliminated. Inspection forms and laboratory reports will not be submitted to the department.
The proposed rules make other changes in chs.
NR 146 and
812 to conform the provisions of the rules to existing statutes. Specifically, the rule order includes provisions in ch.
NR 146 for:
1. The qualifications and training for a registered water well drilling rig operator to become a licensed water well driller.
2. The requirements for department issuance of citations related to water well drilling and pump installing.
3. The qualifications for performing property transfer well inspections and well filling and sealing.
The proposed order includes provisions in ch.
NR 812 for
1. Procedures and requirements property transfer well inspections.
2. Well filling and sealing procedures.
3. Eliminating some separation distance requirements that are no longer considered a health hazard for wells.
4. Citation procedures
Summary and comparison with existing and proposed federal regulations
No federal regulations currently apply to private water supply wells with regard to licensing, well inspections, well filling and sealing or citations for code violations.
Comparison of similar rules in adjacent states
ILLINOIS: In Illinois, the Department of Public Health is responsible for oversight of the well construction code, and has authority over the location, construction and modification of closed loop wells. The Department of Public Health's Closed Loop Well Contractors Certification Board oversees the rules, licensing and administration.
INDIANA: Indiana has a well construction code and requires a water well driller license.
IOWA: Iowa has a well drilling code and a well driller certification. Fee is $400 initially and $300 for renewal. License is for a two-year period and requires 16 contact hours of continuing education.
MICHIGAN: Michigan has no codified rules at this time, but has guidelines for heat exchange systems. Michigan has a Water Well Drilling Contractor license. Water well driller license fee is $40.
MINNESOTA: Minnesota Department Health requires that the status of all wells on a property be disclosed at time of property transfer for the purpose of getting unused and noncomplying wells filled and sealed. There is no requirement to inspect the well or disclose their compliance with the well code at time of property transfer. Minnesota does not have citation authority for license or well or pump code violations, but can issue administrative orders with financial penalties for noncompliance. Minnesota does not require water well drilling rig operators to be registered. Minnesota requires that filling and sealing of wells be performed by a licensed contractor.
OHIO: Ohio has requirements for well construction. Ohio has a well driller registration process and a $250 annual fee.
Summary of factual data and analytical methodologies
Instances of drinking water and groundwater contamination have occurred in Wisconsin as a result of failure to properly fill and seal wells.
2005 Wisconsin Act 360 was prompted by concerns in the water well and pump industry that current regulation and licensing did not adequately address the inspection of water wells and pumps at time of property transfer and that inexperienced or even unqualified individuals were doing inspections. The Wisconsin Water Well Association took the lead, yet worked closely with department to develop Act 360. The proposed rules amend chs.
NR 146 and
NR 812 so that rule provisions are consistent with the statutory changes made in 2005.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The proposed rules codify fee amounts set in statute. The current water well drilling license is $50.00 per year for an individual drilling license and/or $50.00 for the drilling firm business license. Administration of the water well driller license exam is currently done at no cost to the water well driller. No complaints of economic hardship or business impacts have been received during the collection of existing license fees. The water well drilling rig operator registration fee is $25 per year. Annual continuing education costs about $150 per year. The Wisconsin Water Well Association, representing many affected drillers, or individual drillers participating in the advisory committee to rule development, have not expressed any concern about the impact of the fees.
Effect on Small Business
Economic impacts of this rule will be minimal. Actual costs to well drillers and pump installers are small and unlikely to affect decisions to offer a service or enter a business sector.
Overall economic impacts are uncertain. Additional protection of groundwater through better filling and sealing practices may reduce future costs of drinking water treatment or groundwater clean-up.
A copy of any Comments and Opinion Prepared by the Board of Veterans Affairs Under S.
45.03 (2m), Stats., for Rules Proposed by the Department of Veterans Affairs
[if not applicable, so state]
Not applicable.
Agency Contact
Steve Ales, Wisconsin Department of Natural Resources, DG/5, P.O. Box 7921, Madison, WI 53707-7921, E-mail:
Stephen.ales@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original
⍽ Updated
⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
NR 146, Well Driller and Pump Installer Registration; NR 812, Well Construction and Pump Installation
|
3. Subject
|
Licensing and Standards for Water Well Drilling Rig Operators,Property Transfer Well Inspections and Well Filling and Sealing; Citations
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
X Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
9. Policy Problem Addressed by the Rule
|
N/A
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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Licensed Well Drillers and Pump Installers, Wisconsin Water Well Association, Advisory Council on Well Drilling & Pump Installing
|
11. Identify the local governmental units that participated in the development of this EIA.
|
N/A
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The proposed rule changes update administrative code to match statutory requirements and current department practice. Most affected entities are already licensed and follow the standards proposed here. These requirements affect voluntary home inspections. The statute requires the department to develop rules for issuance of citations.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
This proposal aligns administrative code with statutory requirements. Those requirements improve well inspections, which increases protection for the state's groundwater supplies.
|
14. Long Range Implications of Implementing the Rule
|
Same as above.
|
15. Compare With Approaches Being Used by Federal Government
|
There are no Federal requirements for private water supplies.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Minnesota Department of Health requires, at time of property transfer, disclosure of wells that need to be filled and sealed.
|
17. Contact Name
|
18. Contact Phone Number
|
Stephen M. Ales
|
608-267-7649
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearings
Revenue
NOTICE IS HEREBY GIVEN That, pursuant to sections
77.58 (5),
77.65 (3), and
227.11 (2) (a), Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapter
Tax 11, relating to sales tax filing frequency.
Hearing Information
Date: Friday, December 13, 2013
Time: 1:00 p.m.
Locations: Events Room
State Revenue Building
2135 Rimrock Road
Madison, WI 53713
Handicap access is available at the hearing location.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person listed below or to adminrules.wisconsin.gov no later than December 13, 2013, and will be given the same consideration as testimony presented at the hearing.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone: (608) 266-8253
Analysis by the Department of Revenue
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
77.58 (5), Stats., provides “The department, if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payments of the amount of taxes for other than quarterly periods. The department may, if satisfied that the revenues will be adequately safeguarded, permit returns and payments of the amount of taxes for other than quarterly periods
…"
Section
77.65 (3), Stats., provides “[t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Related statute or rule
There are no other applicable statutes or rules.
Plain language analysis
This proposed rule amends the reference in s.
Tax 11.93 to increase the annual filing standard to $600 (currently $300) to allow more retailers to file sales tax returns annually. This is consistent with changes made to s.
77.58 (1) (a), Stats., by
2013 Wis. Act 20, to allow more retailers to file sales tax returns less frequently (quarterly rather than monthly).
Summary of, and comparison with, existing or proposed federal regulation
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
