SB244,14,220 160.257 (2) Notwithstanding s. 160.19 (1) and (2), the department is not
21required to promulgate or amend rules that define design or management criteria
22for aquifer storage and recovery systems to minimize the amount of a specified
23substance in groundwater or to maintain compliance with the preventive action limit
24for a specified substance, however, the department shall promulgate rules that
25define design or management criteria for aquifer storage and recovery systems to

1maintain compliance with drinking water standards promulgated under ss. 280.11
2and 281.17 (8)
s. 280.05 (1) (f).
SB244, s. 34 3Section 34. 167.27 (title), (2) and (3) of the statutes are amended to read:
SB244,14,4 4167.27 (title) Capping and filling wells or similar certain structures.
SB244,14,9 5(2) The owner of any real estate shall securely protect any well, seepage pit,
6cistern, cesspool, septic tank, or other similar structures in active use with a cover
7of concrete, metal or wood covered with sheet metal, securely fastened and of
8sufficient weight so it cannot be removed by small children and so as to make it free
9from danger to persons going upon such real estate.
SB244,14,12 10(3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank
11is abandoned or its use discontinued, the owner of the real estate upon which it is
12located shall promptly fill the same it to grade.
SB244, s. 35 13Section 35. 167.27 (4) of the statutes is repealed.
SB244, s. 36 14Section 36. 167.27 (5) of the statutes is amended to read:
SB244,15,1015 167.27 (5) Whenever any mine shaft, or exploration shaft or test well is
16abandoned or its use discontinued, the operator or contractor shall promptly fill
17same it to grade or enclose the same it with a fence of strong woven wire not less than
1846 inches wide with one barbwire above or cap same it with a reinforced concrete slab
19at least 6 inches thick or with a native boulder at least 3 times the diameter of the
20top of the shaft or test well bore. The strands of the woven wire shall not be smaller
21than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16
22wire; the strands shall not be more than 12 inches apart, and the meshes shall not
23exceed 8 inches square. All wires must be tightly stretched and securely fastened to
24sufficient posts firmly set not more than 8 feet apart. In case If any person shall
25neglect
fails to repair or rebuild such a fence which the person is so required to build

1and maintain under this subsection, any person may complain to the department of
2commerce or to the local governing body, which shall give notice in writing to the
3person who is required to build and maintain such the fence. The department of
4commerce or the local governing body shall then proceed to examine the fence, and
5if it shall determine determines that such the fence is insufficient, it shall notify the
6person responsible for its erection and maintenance and direct the person to repair
7or rebuild the fence within such the time as it shall deem that the department of
8commerce or the local governing body determines to be
reasonable. Any person
9refusing to comply with such an order shall be issued under this subsection is subject
10to the penalties provided in sub. (7).
SB244, s. 37 11Section 37. 167.27 (6) of the statutes is amended to read:
SB244,15,1412 167.27 (6) Existing An existing abandoned mine shafts, shaft or exploration
13shafts or test wells shaft shall be securely protected by the owner of the real estate
14upon which it is located.
SB244, s. 38 15Section 38. 167.27 (9) of the statutes is created to read:
SB244,15,1616 167.27 (9) The use and abandonment of wells is governed by ch. 280.
SB244, s. 39 17Section 39. 198.12 (2) of the statutes is amended to read:
SB244,16,218 198.12 (2) Service of process on, personal injury claims, venue. The district
19shall sue or be sued in its corporate name and service of process upon the district
20shall be by service upon the chairperson of the board and the clerk of the district, but
21no action shall be brought or maintained against a district upon a claim or cause of
22action unless the claimant complies with s. 893.80. Compliance with s. 893.80 is not
23required under this subsection in actions commenced under s. 19.37, 19.97 or 281.99
24280.50. All actions by or against the district, except condemnation proceedings and
25actions to which the state or any officer or commission thereof is a party, shall be

1brought in the circuit court for the county in which its principal administrative office
2is located.
SB244, s. 40 3Section 40. Chapter 280 of the statutes is repealed and recreated to read:
SB244,16,64 Chapter 280
5 WELLS, drill holes,
6 and water systems
SB244,16,87 Subchapter I
8 General provisions
SB244,16,9 9280.01 Definitions. In this chapter:
SB244,16,15 10(1) "Community water system" means a public water system that has at least
1115 service connections used by year-round residents or that regularly serves at least
1225 year-round residents. "Community water system" does not include piping and
13fixtures inside a building served by the water system, service pipes from a
14distribution main to a building, or private distribution mains located entirely on
15private property.
SB244,16,17 16(2) "Contaminant" means any physical, chemical, biological, or radiological
17substance or matter in water.
SB244,16,18 18(2m) "Council" means the council on well drilling and pump installing.
SB244,16,19 19(3) "Department" means the department of natural resources.
SB244,16,22 20(3m) "Dewatering well" means a well that is used only to lower groundwater
21levels to permit construction or to permit the use of an area that is below the surface
22of the ground.
SB244,16,24 23(4) "Drill hole" means an excavation, opening, or driven point deeper than it
24is wide and extending at least 10 feet below the ground surface.
SB244,16,25 25(5) "Drilling rig" means the equipment used to construct a drill hole.
SB244,17,3
1(5g) "Environmental well" means a drill hole constructed to obtain information
2about the physical, chemical, hydrological, or biological characteristics of
3groundwater.
SB244,17,5 4(5r) "Geothermal well" means a drill hole constructed to obtain geothermal
5energy from beneath the surface of the earth.
SB244,17,6 6(6) "Groundwater" has the meaning given in s. 160.01 (4).
SB244,17,10 7(6m) "Hydrofracturing" means hydraulic fracturing of an aquifer by injecting
8into a well a fluid that is under at least 500 pounds per square inch of pressure and
9may include injecting sand or a similar material to hold the crevices open when the
10pressure is removed.
SB244,17,14 11(7) "Local governmental unit" means a city, village, town, county, utility district
12under s. 66.0827, municipal water district, town sanitary district as defined in s.
1360.70 (9), or any other local public entity if that local public entity operates a water
14system.
SB244,17,15 15(8) "Modification" means an improvement, extension, or alteration.
SB244,17,18 16(8r) "Nontransient noncommunity water system" means a public water system
17that is not a community water system but that regularly serves at least 25 of the
18same individuals for at least 6 months per year.
SB244,17,21 19(9) "Person" means an individual, corporation, limited liability company,
20association, cooperative, trust, institution, partnership, state, including this state,
21public utility, local governmental unit, or federal, state, or interstate agency.
SB244,17,23 22(10) "Private water system" means any water system that is not a public water
23system.
SB244,17,24 24(11) "Public utility" has the meaning given in s. 196.01 (5).
SB244,18,4
1(12) "Public water system" means a water system providing water for human
2consumption if the water system has at least 15 service connections or regularly
3serves an average of at least 25 individuals per day for at least 60 days each year.
4"Public water system" includes all of the following:
SB244,18,75 (a) Collection, treatment, storage, and distribution facilities that are under the
6control of the owner or operator of the water system and are used primarily in
7connection with the water system.
SB244,18,108 (b) Collection or pretreatment storage facilities that are not under the control
9of the owner or operator of the water system but are used primarily in connection
10with the water system.
SB244,18,17 11(13) "Pump installing" means installing, replacing, or reinstalling equipment
12or material needed to withdraw water from a well, including making an entrance to
13a well, establishing seals and other safeguards to prevent contamination, installing
14a pressure tank, connecting a pump to a pressure tank or reservoir, installing a water
15treatment device in a well or between a well and a building control valve or a pressure
16tank, installing water service piping from a well to a building, and installing controls
17needed to operate a pump.
SB244,18,18 18(13u) "Waters of the state" has the meaning given in s. 281.01 (18).
SB244,18,21 19(14) "Water system" means all structures, conduits and appurtenances by
20means of which water is delivered to consumers except piping and fixtures inside
21buildings served, and service pipes from building to street main.
SB244,18,24 22(15) "Well" means a drill hole constructed by drilling, digging, boring, driving,
23or other method for the purpose of withdrawing, monitoring, or gaining access to
24groundwater.
SB244,19,3
1(16) "Well drilling" means constructing or reconstructing a well, by any means
2such as digging, boring, drilling, or jetting, except well point driving, and includes
3hydrofracturing and the installation of well casings.
SB244,19,7 4(17) "Well point driving" means joining a drive point, with a diameter of not
5more than 3 inches, with lengths of pipe and driving or jetting the assembly into the
6ground more than 10 feet below the ground surface with either motor or manually
7driven percussion equipment.
SB244,19,13 8280.03 Powers of the department. The department has general supervision
9and control over all drill holes, water systems, methods of withdrawing groundwater,
10and methods of providing and ensuring the sanitary provision of water for all
11purposes. In connection with this authority, the department may do any act
12necessary to safeguard the public health and to protect the groundwater and surface
13water, including any of the following:
SB244,19,16 14(1) Establish and administer a safe drinking water program that is no less
15stringent than the requirements of the federal Safe Drinking Water Act, 42 USC 300f
16to 300j-26.
SB244,19,18 17(3) Cooperate with the division of emergency management under s. 166.03 in
18preparing plans or providing safe drinking water under emergency conditions.
SB244,19,21 19(4) Enter into agreements, contracts, or cooperative arrangements with other
20persons to administer this chapter, except for enforcement of provisions related to s.
21280.24.
SB244,19,23 22(5) Conduct investigations, experiments, research, and training related to the
23administration of this chapter.
SB244,20,2 24(6) Upon request and without charge to the requester, consult with and advise
25any person who has installed or may install a water system about water sources,

1protective measures, construction and operation of the water system, and the
2current and future needs of all persons who may be affected by the installation.
SB244,20,4 3(7) Maintain laboratory facilities or contract for the provision of laboratory
4services to test for contaminants.
SB244,20,9 5(8) Require the owner or operator of a public water system, in accordance with
6department rules governing frequency, form, and content, to provide public notice if
7the public water system fails to comply with any drinking water standard or other
8rule promulgated by the department or is the subject of a health advisory issued by
9the department.
SB244,20,13 10(9) Prepare and have printed any documents related to drill holes and drinking
11water that are necessary for the safety and health of the public and persons engaged
12in constructing drill holes, and furnish copies of the documents to the public upon
13request.
SB244,20,15 14(10) Take any other action determined to be reasonably necessary to safeguard
15public health, safety, or welfare.
SB244,20,21 16280.04 Duty of the department. The department shall employ competent
17personnel to administer this chapter. The department may not authorize an
18employee of the department to conduct site evaluations or inspections or to grant
19variances with respect to a license category under s. 280.24 (1) unless the employee
20has passed the examination under s. 280.24 (4) for that license category and complies
21with the continuing education requirement under s. 280.24 (12) (b).
SB244,20,24 22280.05 Rule-making authority. (1) Authorization. In addition to other rule
23making authorized under this chapter and under s. 227.11 (2), the department may
24promulgate rules relating to all of the following:
SB244,21,2
1(a) The design, construction, modification, operation, and maintenance of
2water systems.
SB244,21,33 (b) The construction and reconstruction of wells and other drill holes.
SB244,21,54 (c) Well construction requirements for areas of this state with special water
5protection problems.
SB244,21,86 (d) The location of wells and other drill holes in relation to existing or proposed
7potential sources of contamination and the location of potential contamination
8sources in relation to existing or proposed wells and other drill holes.
SB244,21,139 (f) Drinking water standards for public water systems including maximum
10contaminant level goals, primary and secondary maximum contaminant levels, and
11monitoring requirements and including procedures and standards for granting
12variances from or exceptions to the drinking water standards in accordance with 42
13USC 300g-4
and 300g-5.
SB244,21,1514 (g) Water treatment techniques and action levels used to determine treatment
15requirements for specified contaminants.
SB244,21,1716 (h) Record-keeping and reporting requirements for persons regulated under
17this chapter.
SB244,21,1918 (i) Water sampling and monitoring requirements, including methods,
19frequency, handling of samples, types of analyses, and format of reports.
SB244,21,2320 (j) The establishment of application, licensing, certification, registration, or
21examination fees to cover the cost of administering activities under this chapter. All
22moneys received under rules promulgated under this paragraph shall be credited to
23the appropriation account under s. 20.370 (4) (ai).
SB244,21,2524 (k) Standards to ensure that any well or other drill hole does not act as a conduit
25for groundwater contamination.
SB244,22,8
1(2) Requirement. After consulting with the council, the department shall
2promulgate, by rule, requirements for filling and sealing wells and other drill holes
3that are unused or contaminated, that do not comply with the requirements of this
4chapter and rules promulgated under this chapter, or that are a threat to safety or
5groundwater quality. The department shall promulgate requirements that ensure
6that the entire constructed diameter of the well or other drill hole is sealed in a way
7that prevents the well or other drill hole from serving as a conduit for contamination
8to reach the groundwater.
SB244,22,10 9280.06 Council on wells and drill holes. The council shall do all of the
10following:
SB244,22,12 11(1) Advise the department concerning the approval of products to be used in
12the construction, repair, and abandonment of wells and other drill holes.
SB244,22,14 13(2) Advise the department concerning the interpretation and administration
14of this chapter.
SB244,22,17 15280.07 Underground discharge. (1) Notwithstanding s. 280.01 (4), in this
16section, "drill hole" means any excavation or opening into the ground that is deeper
17than it is wide without regard to the depth of the excavation or opening.
SB244,22,20 18(2) Except as authorized under sub. (3), no person may discharge any
19substance, as defined in s. 160.01 (8), into any well, other drill hole, open sinkhole,
20or mine shaft.
SB244,23,2 21(3) The department may promulgate rules authorizing the underground
22discharge of a substance, as defined in s. 160.01 (8). The rules may authorize the
23underground discharge of a substance only if the department determines that the
24discharge will not adversely affect public health, safety, or welfare or the waters of

1the state. Any authorized underground discharge shall comply with chs. 160 and 281
2to 299.
SB244,23,53 Subchapter II
4 Regulation of water withdrawals
5 and water systems
SB244,23,18 6280.10 Water systems; approval required. (1) Submission of application;
7exemptions.
(a) Any person who intends to construct, install, modify, or operate a
8community water system or any other water system identified by the department by
9rule as requiring approval shall, before beginning the proposed construction,
10installation, modification, or operation, apply to the department for approval. An
11applicant shall include in the application plans and specifications in the scope and
12detail required by the department and any other information concerning
13maintenance and operation that the department requires. An applicant shall comply
14with s. 281.35 (4), if applicable. A person may not begin construction without the
15approval of the department. A person may not make changes in approved
16construction or materials without submitting a written request for approval of the
17changes, including a statement of the reasons for the changes, and obtaining the
18written approval of the department.
SB244,23,2119 (b) The department may promulgate rules creating exemptions from the
20requirements of par. (a), except that the department may not exempt any person from
21the requirements of s. 281.35.
SB244,24,2 22(2) Department procedure. (a) Upon receipt of a complete application under
23sub. (1) (a), the department shall notify the applicant of the date of receipt, except
24that the department may by rule exempt specified types of applications from this
25requirement. If the department receives an incomplete application, it shall notify

1the applicant of the information needed to complete the application and may return
2the application to the applicant for completion.
SB244,24,63 (b) Within 90 days after the date of receipt of a complete application, the
4department shall examine the application and notify the applicant in writing
5whether the application is approved, conditionally approved, or denied. The notice
6shall state any conditions of approval or the reason for denial.
SB244,24,87 (c) The period specified in par. (b) does not apply if any of the following
8conditions is met:
SB244,24,99 1. The department is unable to comply with s. 1.11 within 90 days.
SB244,24,1110 2. The department is unable to complete its review of the application within 90
11days because of circumstances beyond its control.
SB244,24,1212 3. The proposed construction or modification will cost $350,000 or more.
SB244,24,1613 (d) The department's failure to comply with par. (b) constitutes approval of the
14application, unless par. (c) applies. If an application is approved under this
15paragraph, the department, upon request, shall issue a written approval to the
16applicant.
SB244,24,1817 (e) If s. 281.35 applies to the application, s. 281.35 (5) and (6) supersede any
18inconsistent provision of this subsection.
SB244,24,22 19(3) Reporting required. The department may require a person issued an
20approval under this section to report the volume and rate of withdrawal, as defined
21in s. 281.35 (1) (m), and volume and rate of water loss, as defined in s. 281.35 (1) (L),
22of the water system, if any, in the form and at the times specified by the department.
SB244,25,2 23(4) Prohibition. No well driller, pump installer, or other person may construct,
24modify, or begin operation of a water system requiring approval under this section

1unless the water system is constructed or modified in accordance with the
2requirements of the department's approval and any conditions on that approval.
SB244,25,3 3280.15 Report on aquifer recovery system. (1) In this section:
SB244,25,54 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257
5(1).
SB244,25,66 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).
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