SB244: Bill Text

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).

SB244,25,11 (2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.

SB244,25,17 280.16 Prohibited practices. (1) No person may use any chemical, paint, coating, or other material that may come into contact with water in the construction, reconstruction, operation, or abandonment of a community water system or in any conditioning, treatment, or rehabilitation process in a community water system unless the material and method of use have been approved by the department. The department may provide that approval by rule.

SB244,25,19 (3) No person may introduce any fertilizer, pesticide, or other substance into a water system except under conditions specified by the department by rule.

SB244,25,22 (5) (a) No person may use any pipe, solder, or flux in the installation or repair of any water system unless the pipe, solder, or flux is lead free, as defined in 42 USC 300g-6 (d).

SB244,25,24 (b) Paragraph (a) does not apply to leaded joints necessary for the repair of cast-iron pipes.

SB244,26,4 (6) No person may introduce, attempt to introduce, or threaten to introduce a contaminant into a public water system or private water system or otherwise interfere with the operation of a public water system or private water system with the intention of harming another.

SB244,26,7 280.18 Prohibition on use of certain devices in wells. (1) In this section, "pitless adapter" means a device that attaches a well casing pipe to an underground pipe that conveys water from a well.

SB244,26,12 (2) No person may install a pitless adapter that extends into the inside of a well casing pipe unless the sand screen is permanently attached to the bottom of a well casing pipe that is constructed of polyvinyl chloride. Only a licensed pump installer or a registered pump installer helper working under the supervision of a licensed pump installer may install a pitless adapter.

SB244,26,15 Subchapter III Certification, REGISTRATION, and licensing; supervision

SB244,26,19 280.20 Certification of water system operators. (1) Employment of certified operator required. The owner of any community water system or nontransient noncommunity water system shall be, or shall employ, a certified operator who shall have direct responsibility for the operation of the water system.

SB244,27,4 (2) Examination. The department shall by rule provide for an examination to determine competence to operate a community water system or nontransient noncommunity water system and shall certify applicants based on the results of the examination. The department shall include in the examination questions designed to determine an applicant's knowledge of the statutes and rules applicable to community water systems or nontransient noncommunity water systems and the applicant's related experience. In the rule, the department may provide for different examinations for various categories of certified operators according to the skill, knowledge, and ability needed to operate various types of community water systems or nontransient noncommunity water systems.

SB244,27,8 (3) Continuing education. The department may promulgate rules establishing continuing education requirements for certified operators. The department may, as provided under s. 280.28, refuse to renew the certification of an individual who fails to comply with any requirements under this subsection.

SB244,27,11 (4) Fee. The department may charge an applicant for certification a fee designed to cover the cost of administering this section. All moneys received under this subsection shall be credited to the appropriation account under s. 20.370 (4) (ai).

SB244,27,14 280.24 Licensing and supervision; registration. (1) Types and categories of licenses and registration. (a) The department shall issue the following types of licenses:

SB244,27,15 1. Well driller.

SB244,27,16 2. Well point driver.

SB244,27,17 3. Pump installer.

SB244,27,18 3m. Environmental well driller.

SB244,27,19 4. a. Restricted drill hole constructor-geothermal well constructor.

SB244,27,20 b. Restricted drill hole constructor-dewatering well constructor.

SB244,27,21 c. Restricted drill hole constructor-elevator shaft constructor.

SB244,27,22 5. Water system inspector.

SB244,28,2 (b) The department may, after consulting with the council, promulgate rules establishing additional categories of licenses under par. (a) 4. and may place conditions on licenses according to the skill, knowledge, and ability needed to perform the activities for which the licenses are issued.

SB244,28,4 (c) The department shall register drilling rig operators and pump installer helpers.

SB244,28,11 (2) Licensing or supervision required; registration required. (a) 1. Except as provided under sub. (3), no individual may perform well drilling of a well constructed to obtain potable water or represent that he or she is able to perform well drilling of a well constructed to obtain potable water unless he or she holds a well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds a well driller license under this section.

SB244,28,19 2. To provide immediate supervision for well drilling of a well constructed to obtain potable water, an individual holding a well driller license shall direct and inspect the well drilling and shall be on the site of the well drilling for a reasonable period at least once during the well siting, the well drilling, or the finishing operations. When not on the site, the individual holding the well driller license shall be readily available for consultation with, and direction of the activities of, the individuals who do not hold a well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,28,25 (b) 1. Except as provided under sub. (3), beginning on January 1, 2006, no individual may perform well point driving or represent that he or she is able to perform well point driving unless he or she holds a well point driver license or a well driller license under this section or is under the immediate supervision of an individual who holds a well point driver license or a well driller license under this section.

SB244,29,3 2. To provide immediate supervision for well point driving, an individual holding a well driller or well point driver license shall be on the site during the well point driving.

SB244,29,8 (c) 1. Except as provided under sub. (3), no individual may perform pump installing or represent that he or she is able to perform pump installing unless he or she holds a pump installer license under this section or is registered with the department as a pump installer helper and is under the immediate supervision of an individual who holds a pump installer license under this section.

SB244,29,13 2. To provide immediate supervision for pump installing, an individual holding a pump installer license shall either be on the site of the pump installing or be readily available for consultation with, and direction of the activities of, the registered pump installer helper and any other individuals involved with the pump installing. Availability by telephone satisfies the requirement to be readily available.

SB244,29,19 (cm) 1. Except as provided under sub. (3), no person may perform well drilling of an environmental well or represent that he or she is able to perform well drilling of an environmental well unless he or she holds an environmental well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds an environmental well driller license under this section.

SB244,29,24 2. To provide immediate supervision for well drilling of an environmental well, an individual holding an environmental well driller license shall either be on the site during the well drilling or be readily available for consultation with, and direction of the activities of, the individuals who do not hold an environmental well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,30,10 (d) 1. Except as provided under sub. (3), beginning on January 1, 2006, no individual may construct a type of drill hole other than a well constructed to obtain potable water or an environmental well or represent that he or she is able to construct a type of drill hole other than a well constructed to obtain potable water or an environmental well unless he or she holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license under this section.

SB244,30,19 2. To provide immediate supervision for constructing a drill hole other than a well constructed to obtain potable water or an environmental well, an individual holding a restricted drill hole constructor license or well driller license shall be on the site of the drill hole construction at least once during the siting, drilling, or finishing of the drill hole. When not on the site, the individual holding the restricted drill hole constructor license or well driller license shall be readily available for consultation with, and direction of the activities of, the individuals who do not hold a restricted drill hole constructor license or well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,30,24 (e) 1. No individual, other than an individual holding a well driller license, may operate a drilling rig for the construction of a well constructed to obtain potable water unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (a) 2., of an individual who holds a well driller license.

SB244,31,5 1m. No individual, other than an individual holding an environmental well driller license, may operate a drilling rig for the construction of an environmental well unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (cm) 2., of an individual who holds an environmental well driller license.

SB244,31,12 2. No individual, other than an individual holding a restricted drill hole constructor license or a well driller license, may operate a drilling rig for the construction of a type of drill hole other than a well constructed to obtain potable water or an environmental well unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (d) 2., of an individual who holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license.

SB244,31,15 (f) Except as provided under sub. (3), no individual, other than an individual holding a well driller license, may inspect a water system unless he or she holds a water system inspector license.

SB244,31,19 (3) Exceptions. (a) The department may, upon application, grant a temporary exemption from any requirement under this section for a specific period or for a specific job if the department finds that an emergency requires the work to be performed by an unlicensed individual or without the required supervision.

SB244,31,22 (b) An individual licensed as a well driller may install a pump solely for initial sampling of water quality and for test pumping and development of a well without obtaining a pump installer license.

SB244,32,3 (c) Subsection (2) (b) does not apply to an individual who constructs a driven-point well serving only a single-family residence on property owned and occupied by the individual and sub. (2) (c) does not apply if that individual installs a pump in the driven-point well. This paragraph does not exempt the individual from any other statute or rule governing the construction of a driven-point well or the installation of a pump.

SB244,32,5 (d) The department may, after consulting with the council, promulgate rules establishing exemptions to the requirements of sub. (2).

SB244,32,14 (4) Examination program. The department shall, after consulting with the council, promulgate rules establishing an examination program to determine the competence of individuals applying for licenses under this section to perform and supervise the activities specified in sub. (2). The department shall ensure that examinations reasonably relate to the skills likely to be needed by an applicant to perform the activities specified in sub. (2) at the time of application. The department shall include, in the examination program, questions designed to determine an individual's knowledge of the statutes and rules applicable to the license category and the individual's related experience.

SB244,32,17 (5) Application. (a) An applicant for any license or registration under this section shall apply on a form provided by the department. An applicant shall submit the application fee specified under sub. (11) (a) with the application.

SB244,32,25 (b) The department shall examine all license applicants and shall notify each applicant within 45 days after the examination whether he or she passed the examination. If an applicant who passes an examination and meets all other licensing requirements pays the applicable license fee established under sub. (11) (b) to the department within one year after the date of the notice under this paragraph, the department, except as provided in s. 280.28 (2), shall issue the license. If the license fee is not paid within one year, the applicant shall pay another application fee and retake the examination.

SB244,33,2 (c) Each license and registration issued under this section expires on January 15 of the next even-numbered year.

SB244,33,11 (d) To ensure continuous licensure or registration, an individual holding a license or registration shall submit a complete application for a license renewal by December 15 of each odd-numbered year on a form provided by the department along with the fee established under sub. (11) (b). The department shall issue a renewal license without requiring the licensee to take an examination if the application is received no later than 2 years after the expiration of the last license issued to the individual and if the individual attended at least one continuing education program conducted or approved under sub. (12) (a) during the year before the application is received.

SB244,33,15 (6) Additional requirements. (a) Except as provided in sub. (9), an applicant for drilling rig operator registration shall have at least 1,000 hours of experience in the construction of wells or other drill holes and have attended a continuing education program under sub. (12) in the year preceding the year of application.

SB244,33,21 (b) 1. Except as provided in subd. 2. or sub. (9), an applicant for a license under sub. (1) (a) 1., 2., 3m., or 4. a., b., or c. shall have at least 1,000 hours of experience in each of the 2 years preceding the year of application in the construction of the kinds of wells or drill holes authorized to be constructed by the license. The applicant shall have been registered as a drilling rig operator and have fulfilled the continuing education requirement in sub. (12) in each of those 2 years.

SB244,33,23 2. The experience requirement in subd. 1. does not apply to an applicant for an environmental well driller license who holds a well driller license.

SB244,34,3 (c) Except as provided in sub. (9), an applicant for a pump installer license shall have at least 1,000 hours of experience in the installing or servicing of pumps in each of the 2 years preceding the year of application. The applicant shall have been registered as a pump installer helper and have fulfilled the continuing education requirement in sub. (12) in each of those 2 years.

SB244,34,10 (9) Reciprocity. The department may issue the appropriate license without requiring compliance with sub. (6) to an applicant who holds a license for an activity under sub. (1) (a) that is issued by another state that, in the determination of the department, has laws and regulations governing that activity and licensing that are substantially equivalent to this chapter and rules promulgated under this chapter and provides comparable reciprocity to persons licensed in this state if all of the following apply:

SB244,34,11 (a) The applicant is in good standing in the other state.

SB244,34,13 (am) The other state issued the license to the applicant in accordance with its laws and regulations and not under reciprocity with a 3rd state.

SB244,34,15 (b) The applicant has not been convicted of engaging in the activity without a license in this state within the preceding 5 years.

SB244,34,16 (c) The applicant passes the examination.

SB244,34,17 (d) The applicant pays the application fee and the license fee.

SB244,34,24 (9m) Requirement of out-of-state licensee. The department may not issue a well driller, pump installer, or environmental well driller license to an individual who lives outside of this state unless the individual files with the department a bond furnished by a surety company licensed to do business in this state or a letter of credit in the amount of $10,000. The department may use a bond or letter of credit under this subsection to compensate persons injured by a violation by the licensee of requirements under this chapter.

SB244,35,10 (10) Withholding license or registration. The department may, for one year after the date on which a license or registration would otherwise take effect, withhold issuance of a license or registration to an applicant who qualifies for a license or registration under this section if the applicant has been convicted of committing 3 or more violations of this chapter or rules promulgated under this chapter within the 5-year period immediately preceding the date of application. At the end of the one-year period, the applicant is eligible to apply for a license or registration upon payment of the fee established under sub. (11) (b), if the applicant has not been determined to have committed any further violations of the applicable statutes or rules during that period.

SB244,35,12 (11) Fees. (a) The application fee for an examination is $25, except that the department may change the amount by rule.

SB244,35,16 (b) After consulting with the council, the department shall establish by rule the fees for licenses and registration under this section. In the rule, the department may provide for an additional charge for license or registration applications submitted after the date specified in sub. (5) (d).

SB244,35,20 (c) After consulting with the council, the department may establish by rule a fee for an applicant for a license who fails an examination required for the license and requests a review of his or her examination results. The department shall base the fee on the cost of the review.

SB244,35,22 (d) All moneys received as fees under this subsection shall be credited to the appropriation under s. 20.370 (4) (ai).

SB244,36,2 (12) Continuing education required. (a) Each year the department, in consultation with the council, shall conduct at least one continuing education program relating to drill hole constructing and pump installing or approve at least one continuing education program relating to drill hole constructing and pump installing that is conducted by another person.

SB244,36,5 (b) Each individual licensed or registered under this section shall attend one program conducted or approved under par. (a) each year and shall notify the department of his or her attendance.

SB244,36,8 280.27 Well and other drill hole abandonment. (1) No person may fill or seal a well constructed to obtain potable water, other than a driven-point well, unless the person holds a well driller license or a pump installer license under s. 280.24.

SB244,36,10 (2) No person may fill or seal a driven-point well unless the person holds a well driller license, a well point driver license, or a pump installer license under s. 280.24.

SB244,36,13 (3) No person may fill or seal a drill hole, other than a well constructed to obtain potable water, unless the person holds a restricted drill hole constructor license or a well driller license under s. 280.24.

SB244,36,16 280.28 Denial, nonrenewal, suspension, and revocation. (1) In this section, "license" means a license or registration issued under s. 280.24 or an operator certificate issued under s. 280.20.

SB244,36,18 (1m) (a) Any person may file a complaint with the department and request the department to commence disciplinary proceedings against any holder of a license.

SB244,36,20 (b) The burden of proof in disciplinary proceedings before the department under this chapter is a preponderance of the evidence.