SB244: Bill Text

SB244,14,2 160.257 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8) s. 280.05 (1) (f).

SB244, s. 34 Section 34. 167.27 (title), (2) and (3) of the statutes are amended to read:

SB244,14,4 167.27 (title) Capping and filling wells or similar certain structures.

SB244,14,9 (2) The owner of any real estate shall securely protect any well, seepage pit, cistern, cesspool, septic tank, or other similar structures in active use with a cover of concrete, metal or wood covered with sheet metal, securely fastened and of sufficient weight so it cannot be removed by small children and so as to make it free from danger to persons going upon such real estate.

SB244,14,12 (3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same it to grade.

SB244, s. 35 Section 35. 167.27 (4) of the statutes is repealed.

SB244, s. 36 Section 36. 167.27 (5) of the statutes is amended to read:

SB244,15,10 167.27 (5) Whenever any mine shaft, or exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same it to grade or enclose the same it with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same it with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case If any person shall neglect fails to repair or rebuild such a fence which the person is so required to build and maintain under this subsection, any person may complain to the department of commerce or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such the fence. The department of commerce or the local governing body shall then proceed to examine the fence, and if it shall determine determines that such the fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such the time as it shall deem that the department of commerce or the local governing body determines to be reasonable. Any person refusing to comply with such an order shall be issued under this subsection is subject to the penalties provided in sub. (7).

SB244, s. 37 Section 37. 167.27 (6) of the statutes is amended to read:

SB244,15,14 167.27 (6) Existing An existing abandoned mine shafts, shaft or exploration shafts or test wells shaft shall be securely protected by the owner of the real estate upon which it is located.

SB244, s. 38 Section 38. 167.27 (9) of the statutes is created to read:

SB244,15,16 167.27 (9) The use and abandonment of wells is governed by ch. 280.

SB244, s. 39 Section 39. 198.12 (2) of the statutes is amended to read:

SB244,16,2 198.12 (2) Service of process on, personal injury claims, venue. The district shall sue or be sued in its corporate name and service of process upon the district shall be by service upon the chairperson of the board and the clerk of the district, but no action shall be brought or maintained against a district upon a claim or cause of action unless the claimant complies with s. 893.80. Compliance with s. 893.80 is not required under this subsection in actions commenced under s. 19.37, 19.97 or 281.99 280.50. All actions by or against the district, except condemnation proceedings and actions to which the state or any officer or commission thereof is a party, shall be brought in the circuit court for the county in which its principal administrative office is located.

SB244, s. 40 Section 40. Chapter 280 of the statutes is repealed and recreated to read:

SB244,16,6 Chapter 280 WELLS, drill holes, and water systems

SB244,16,8 Subchapter I General provisions

SB244,16,9 280.01 Definitions. In this chapter:

SB244,16,15 (1) "Community water system" means a public water system that has at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents. "Community water system" does not include piping and fixtures inside a building served by the water system, service pipes from a distribution main to a building, or private distribution mains located entirely on private property.

SB244,16,17 (2) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

SB244,16,18 (2m) "Council" means the council on well drilling and pump installing.

SB244,16,19 (3) "Department" means the department of natural resources.

SB244,16,22 (3m) "Dewatering well" means a well that is used only to lower groundwater levels to permit construction or to permit the use of an area that is below the surface of the ground.

SB244,16,24 (4) "Drill hole" means an excavation, opening, or driven point deeper than it is wide and extending at least 10 feet below the ground surface.

SB244,16,25 (5) "Drilling rig" means the equipment used to construct a drill hole.

SB244,17,3 (5g) "Environmental well" means a drill hole constructed to obtain information about the physical, chemical, hydrological, or biological characteristics of groundwater.

SB244,17,5 (5r) "Geothermal well" means a drill hole constructed to obtain geothermal energy from beneath the surface of the earth.

SB244,17,6 (6) "Groundwater" has the meaning given in s. 160.01 (4).

SB244,17,10 (6m) "Hydrofracturing" means hydraulic fracturing of an aquifer by injecting into a well a fluid that is under at least 500 pounds per square inch of pressure and may include injecting sand or a similar material to hold the crevices open when the pressure is removed.

SB244,17,14 (7) "Local governmental unit" means a city, village, town, county, utility district under s. 66.0827, municipal water district, town sanitary district as defined in s. 60.70 (9), or any other local public entity if that local public entity operates a water system.

SB244,17,15 (8) "Modification" means an improvement, extension, or alteration.

SB244,17,18 (8r) "Nontransient noncommunity water system" means a public water system that is not a community water system but that regularly serves at least 25 of the same individuals for at least 6 months per year.

SB244,17,21 (9) "Person" means an individual, corporation, limited liability company, association, cooperative, trust, institution, partnership, state, including this state, public utility, local governmental unit, or federal, state, or interstate agency.

SB244,17,23 (10) "Private water system" means any water system that is not a public water system.

SB244,17,24 (11) "Public utility" has the meaning given in s. 196.01 (5).

SB244,18,4 (12) "Public water system" means a water system providing water for human consumption if the water system has at least 15 service connections or regularly serves an average of at least 25 individuals per day for at least 60 days each year. "Public water system" includes all of the following:

SB244,18,7 (a) Collection, treatment, storage, and distribution facilities that are under the control of the owner or operator of the water system and are used primarily in connection with the water system.

SB244,18,10 (b) Collection or pretreatment storage facilities that are not under the control of the owner or operator of the water system but are used primarily in connection with the water system.

SB244,18,17 (13) "Pump installing" means installing, replacing, or reinstalling equipment or material needed to withdraw water from a well, including making an entrance to a well, establishing seals and other safeguards to prevent contamination, installing a pressure tank, connecting a pump to a pressure tank or reservoir, installing a water treatment device in a well or between a well and a building control valve or a pressure tank, installing water service piping from a well to a building, and installing controls needed to operate a pump.

SB244,18,18 (13u) "Waters of the state" has the meaning given in s. 281.01 (18).

SB244,18,21 (14) "Water system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served, and service pipes from building to street main.

SB244,18,24 (15) "Well" means a drill hole constructed by drilling, digging, boring, driving, or other method for the purpose of withdrawing, monitoring, or gaining access to groundwater.

SB244,19,3 (16) "Well drilling" means constructing or reconstructing a well, by any means such as digging, boring, drilling, or jetting, except well point driving, and includes hydrofracturing and the installation of well casings.

SB244,19,7 (17) "Well point driving" means joining a drive point, with a diameter of not more than 3 inches, with lengths of pipe and driving or jetting the assembly into the ground more than 10 feet below the ground surface with either motor or manually driven percussion equipment.

SB244,19,13 280.03 Powers of the department. The department has general supervision and control over all drill holes, water systems, methods of withdrawing groundwater, and methods of providing and ensuring the sanitary provision of water for all purposes. In connection with this authority, the department may do any act necessary to safeguard the public health and to protect the groundwater and surface water, including any of the following:

SB244,19,16 (1) Establish and administer a safe drinking water program that is no less stringent than the requirements of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26.

SB244,19,18 (3) Cooperate with the division of emergency management under s. 166.03 in preparing plans or providing safe drinking water under emergency conditions.

SB244,19,21 (4) Enter into agreements, contracts, or cooperative arrangements with other persons to administer this chapter, except for enforcement of provisions related to s. 280.24.

SB244,19,23 (5) Conduct investigations, experiments, research, and training related to the administration of this chapter.

SB244,20,2 (6) Upon request and without charge to the requester, consult with and advise any person who has installed or may install a water system about water sources, protective measures, construction and operation of the water system, and the current and future needs of all persons who may be affected by the installation.

SB244,20,4 (7) Maintain laboratory facilities or contract for the provision of laboratory services to test for contaminants.

SB244,20,9 (8) Require the owner or operator of a public water system, in accordance with department rules governing frequency, form, and content, to provide public notice if the public water system fails to comply with any drinking water standard or other rule promulgated by the department or is the subject of a health advisory issued by the department.

SB244,20,13 (9) Prepare and have printed any documents related to drill holes and drinking water that are necessary for the safety and health of the public and persons engaged in constructing drill holes, and furnish copies of the documents to the public upon request.

SB244,20,15 (10) Take any other action determined to be reasonably necessary to safeguard public health, safety, or welfare.

SB244,20,21 280.04 Duty of the department. The department shall employ competent personnel to administer this chapter. The department may not authorize an employee of the department to conduct site evaluations or inspections or to grant variances with respect to a license category under s. 280.24 (1) unless the employee has passed the examination under s. 280.24 (4) for that license category and complies with the continuing education requirement under s. 280.24 (12) (b).

SB244,20,24 280.05 Rule-making authority. (1) Authorization. In addition to other rule making authorized under this chapter and under s. 227.11 (2), the department may promulgate rules relating to all of the following:

SB244,21,2 (a) The design, construction, modification, operation, and maintenance of water systems.

SB244,21,3 (b) The construction and reconstruction of wells and other drill holes.

SB244,21,5 (c) Well construction requirements for areas of this state with special water protection problems.

SB244,21,8 (d) The location of wells and other drill holes in relation to existing or proposed potential sources of contamination and the location of potential contamination sources in relation to existing or proposed wells and other drill holes.

SB244,21,13 (f) Drinking water standards for public water systems including maximum contaminant level goals, primary and secondary maximum contaminant levels, and monitoring requirements and including procedures and standards for granting variances from or exceptions to the drinking water standards in accordance with 42 USC 300g-4 and 300g-5.

SB244,21,15 (g) Water treatment techniques and action levels used to determine treatment requirements for specified contaminants.

SB244,21,17 (h) Record-keeping and reporting requirements for persons regulated under this chapter.

SB244,21,19 (i) Water sampling and monitoring requirements, including methods, frequency, handling of samples, types of analyses, and format of reports.

SB244,21,23 (j) The establishment of application, licensing, certification, registration, or examination fees to cover the cost of administering activities under this chapter. All moneys received under rules promulgated under this paragraph shall be credited to the appropriation account under s. 20.370 (4) (ai).

SB244,21,25 (k) Standards to ensure that any well or other drill hole does not act as a conduit for groundwater contamination.

SB244,22,8 (2) Requirement. After consulting with the council, the department shall promulgate, by rule, requirements for filling and sealing wells and other drill holes that are unused or contaminated, that do not comply with the requirements of this chapter and rules promulgated under this chapter, or that are a threat to safety or groundwater quality. The department shall promulgate requirements that ensure that the entire constructed diameter of the well or other drill hole is sealed in a way that prevents the well or other drill hole from serving as a conduit for contamination to reach the groundwater.

SB244,22,10 280.06 Council on wells and drill holes. The council shall do all of the following:

SB244,22,12 (1) Advise the department concerning the approval of products to be used in the construction, repair, and abandonment of wells and other drill holes.

SB244,22,14 (2) Advise the department concerning the interpretation and administration of this chapter.

SB244,22,17 280.07 Underground discharge. (1) Notwithstanding s. 280.01 (4), in this section, "drill hole" means any excavation or opening into the ground that is deeper than it is wide without regard to the depth of the excavation or opening.

SB244,22,20 (2) Except as authorized under sub. (3), no person may discharge any substance, as defined in s. 160.01 (8), into any well, other drill hole, open sinkhole, or mine shaft.

SB244,23,2 (3) The department may promulgate rules authorizing the underground discharge of a substance, as defined in s. 160.01 (8). The rules may authorize the underground discharge of a substance only if the department determines that the discharge will not adversely affect public health, safety, or welfare or the waters of the state. Any authorized underground discharge shall comply with chs. 160 and 281 to 299.

SB244,23,5 Subchapter II Regulation of water withdrawals and water systems

SB244,23,18 280.10 Water systems; approval required. (1) Submission of application; exemptions. (a) Any person who intends to construct, install, modify, or operate a community water system or any other water system identified by the department by rule as requiring approval shall, before beginning the proposed construction, installation, modification, or operation, apply to the department for approval. An applicant shall include in the application plans and specifications in the scope and detail required by the department and any other information concerning maintenance and operation that the department requires. An applicant shall comply with s. 281.35 (4), if applicable. A person may not begin construction without the approval of the department. A person may not make changes in approved construction or materials without submitting a written request for approval of the changes, including a statement of the reasons for the changes, and obtaining the written approval of the department.

SB244,23,21 (b) The department may promulgate rules creating exemptions from the requirements of par. (a), except that the department may not exempt any person from the requirements of s. 281.35.

SB244,24,2 (2) Department procedure. (a) Upon receipt of a complete application under sub. (1) (a), the department shall notify the applicant of the date of receipt, except that the department may by rule exempt specified types of applications from this requirement. If the department receives an incomplete application, it shall notify the applicant of the information needed to complete the application and may return the application to the applicant for completion.

SB244,24,6 (b) Within 90 days after the date of receipt of a complete application, the department shall examine the application and notify the applicant in writing whether the application is approved, conditionally approved, or denied. The notice shall state any conditions of approval or the reason for denial.

SB244,24,8 (c) The period specified in par. (b) does not apply if any of the following conditions is met:

SB244,24,9 1. The department is unable to comply with s. 1.11 within 90 days.

SB244,24,11 2. The department is unable to complete its review of the application within 90 days because of circumstances beyond its control.

SB244,24,12 3. The proposed construction or modification will cost $350,000 or more.

SB244,24,16 (d) The department's failure to comply with par. (b) constitutes approval of the application, unless par. (c) applies. If an application is approved under this paragraph, the department, upon request, shall issue a written approval to the applicant.

SB244,24,18 (e) If s. 281.35 applies to the application, s. 281.35 (5) and (6) supersede any inconsistent provision of this subsection.

SB244,24,22 (3) Reporting required. The department may require a person issued an approval under this section to report the volume and rate of withdrawal, as defined in s. 281.35 (1) (m), and volume and rate of water loss, as defined in s. 281.35 (1) (L), of the water system, if any, in the form and at the times specified by the department.

SB244,25,2 (4) Prohibition. No well driller, pump installer, or other person may construct, modify, or begin operation of a water system requiring approval under this section unless the water system is constructed or modified in accordance with the requirements of the department's approval and any conditions on that approval.

SB244,25,3 280.15 Report on aquifer recovery system. (1) In this section:

SB244,25,5 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).

SB244,25,6 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).