2005 Wisconsin Act 360

1. An individual who is a licensed well driller or a licensed pump installer is not required to obtain registration.

2. An individual who is employed by or works under contract with a licensed well driller or a licensed pump installer is not required to obtain registration.

3. An individual who is employed by or works under contract with a person who is registered under this paragraph is not required to obtain registration.

4. An individual to whom sub. (4) or s. 280.19 applies is not required to obtain registration.

360,11 Section 11. 280.15 (1) (am) of the statutes is created to read:

280.15 (1) (am) Prerequisite. The department may not grant registration under par. (a) to a person to engage in the business of well drilling unless the person is a licensed well driller, a licensed well driller has an ownership interest in the business, or the person employs or contracts with a licensed well driller. The department may not grant registration under par. (a) to a person to engage in the business of pump installing unless the person is a licensed pump installer, a licensed pump installer has an ownership interest in the business, or the person employs or contracts with a licensed pump installer.

360,12 Section 12. 280.15 (1) (b) of the statutes is amended to read:

280.15 (1) (b) Application. A person who seeks to register as a well driller drilling business or pump installer installing business shall apply to the department for registration of each place of business or retail outlet he or she operates as a well driller drilling business, pump installer installing business, or both, upon forms prepared by the department for this purpose. The application shall be accompanied by a permit registration fee for each place of business or retail outlet included in the application.

360,13 Section 13. 280.15 (1) (c) of the statutes is amended to read:

280.15 (1) (c) Renewal. In order to retain registration as a well driller drilling business or pump installer installing business a person shall apply for registration renewal and pay the required permit registration fees annually on or before January 1 of each year.

360,14 Section 14. 280.15 (1) (d) of the statutes is amended to read:

280.15 (1) (d) Permit Registration fee. The permit fees required for registration application or annual renewal are as follows:

1. Well driller drilling business, $50.

2. Pump installer installing business, $25.

3. Well driller drilling business and pump installer installing business, $75.

360,15 Section 15. 280.15 (1) (e) of the statutes is amended to read:

280.15 (1) (e) Late fees. A person who files an application for registration renewal or who fails to pay the required annual permit registration fees after January 1 shall pay a late penalty of $15.

360,16 Section 16. 280.15 (2) of the statutes is renumbered 280.15 (1) (f) and amended to read:

280.15 (1) (f) Expiration. All permits so registrations issued shall under this subsection expire on December 31 of each year and shall not be are not transferable.

360,17 Section 17. 280.15 (2m) of the statutes is created to read:

280.15 (2m) Well driller and pump installer licensing. (a) Application. An individual who seeks a well driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in par. (c) with the application.

(b) Renewal. In order to retain his or her license as a well driller or pump installer an individual shall comply with requirements for continuing education promulgated by the department by rule and shall apply for license renewal and pay the required license fees under par. (c) annually on or before January 1.

(c) Fees. The license fees required for license application or annual renewal are as follows:

1. Well driller, $50.

2. Pump installer, $25.

(d) Late fees. An individual who files an application for license renewal or pays the required annual fees after January 1 shall pay a late penalty of $15.

(e) Prerequisites for pump installer license. The department may not issue a pump installer license unless the applicant demonstrates competency in pump installing by passing an examination administered by the department.

(f) Prerequisites for well driller license. The department may not issue a well driller license unless all of the following apply:

1. The applicant demonstrates competency in well drilling by passing an examination administered by the department.

2. Except as provided in par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under sub. (3g), and has the well drilling experience required by the department by rule.

(g) Exceptions. 1. The department may issue a well driller license to an applicant who does not comply with par. (f) 2. if the applicant complies with par. (f) 1. and holds a well driller license in good standing from another state and the department determines that the other state has laws and rules governing well drilling and licensing of well drillers that are substantially similar to this state's laws and rules.

2. The department shall establish alternative requirements to par. (f) 2. for applicants who have gained well drilling experience before the effective date of this subdivision .... [revisor inserts date].

360,18 Section 18. 280.15 (3) of the statutes is repealed.

360,19 Section 19. 280.15 (3g) of the statutes is created to read:

280.15 (3g) Drilling rig operator registration. (a) Application. An individual who seeks registration as a drilling rig operator shall apply to the department on a form prepared by the department. The individual shall include a fee of $25.

(b) Renewal. In order to retain registration as a drilling rig operator an individual shall complete training approved by the department and comply with requirements for continuing education promulgated by the department by rule and shall apply for registration renewal and pay a fee of $25 annually on or before January 1.

(d) Late fees. An individual who files an application for registration renewal or who pays the required annual fee after January 1 shall pay a late penalty of $15.

360,20 Section 20. 280.15 (3r) of the statutes is created to read:

280.15 (3r) Supervision. (a) Requirement. Except as provided in par. (b) and sub. (4), an individual who is not a licensed well driller or a registered drilling rig operator may only engage in well drilling if the individual is under the supervision of a licensed well driller or a registered drilling rig operator who is on the site of the well drilling.

(b) Exception. Paragraph (a) does not apply to an individual performing well drilling of a public well for a local governmental unit if the individual applies for registration under sub. (3g) no later than 14 days after the day on which the individual begins to perform the well drilling.

360,21 Section 21. 280.15 (4) of the statutes is amended to read:

280.15 (4) Work on own real estate. No person is required to obtain a permit registration or license under this section for driving, digging or otherwise obtaining groundwater supply on real estate owned or leased by that person, but the well and the work done thereon on the well shall comply and be in conformity with the law and the rules promulgated by the department.

360,22 Section 22. 280.16 (2) of the statutes is renumbered 280.16 (2) (intro.) and amended to read:

280.16 (2) (intro.) No person may install a pitless adapter that extends into the inside of a well casing pipe except if the sand screen is permanently attached to the bottom of a well casing pipe that is constructed of polyvinyl chloride. Only individuals registered under s. 280.15 the following may install pitless adapters.:

360,23 Section 23. 280.16 (2) (a), (b) and (c) of the statutes are created to read:

280.16 (2) (a) A licensed pump installer.

(b) An employee of a licensed pump installer or a registered pump installing business.

(c) A welder under contract with a licensed pump installer or registered pump installing business.

360,24 Section 24. 280.19 of the statutes is amended to read:

280.19 Registration exceptions. No registration or permit license to engage in the well drilling or pump installing industry shall be is required by of competent sanitary engineers or by of superintendents of waterworks systems in the preparations of plans and specifications or in supervising the installation of wells and water systems for the obtaining of supplies of groundwater, but all such the plans and specifications shall conform to all requirements established by the department.

360,25 Section 25. 280.30 of the statutes is created to read:

280.30 Well abandonment and property transfer inspections. (1) Definition. Notwithstanding s. 280.01 (6), in this section, "water supply well" means an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.

(2) Abandonment. An individual may not fill or seal a water supply well unless one of the following applies:

(a) The individual is a licensed well driller or licensed pump installer.

(b) The individual is under the supervision of a licensed well driller or licensed pump installer or the individual is under the supervision of a water system operator certified under s. 281.17 (3) and the well is within the service area of the local governmental water system for which the certified operator works. The licensed or certified individual is not required to be present during the filling or sealing.

(c) The individual is a water system operator certified under s. 281.17 (3) and the well is within the service area of the local governmental water system for which the individual works.

(3) Property transfer well inspections. (a) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems on the real property unless the individual is a licensed well driller or a licensed pump installer.

(b) The department shall promulgate rules for inspections and evaluations described in par. (a).

360,26 Section 26. 280.97 of the statutes is amended to read:

280.97 Penalties. Any person, firm, or corporation who engages in or follows the business or occupation of, or advertises or holds himself, herself or itself out as or acts temporarily or otherwise as a well driller or pump installer without having first secured the required permit or certificate of registration or renewal thereof, or Except as provided in s. 280.98 (3), any person who otherwise violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not more than 30 days, or both. Each day during which a violation continues shall constitute constitutes a separate and distinct offense, and that may be punished separately.

360,27 Section 27. 280.98 of the statutes is created to read:

280.98 Citations. (1) Except as provided in sub. (5), the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture as specified in sub. (3) from a person who commits a violation specified under sub. (2).

(2) The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or drill hole abandonment to which sub. (1) applies.

(3) A person who commits a violation specified under sub. (2) shall, if the department issues a citation under sub. (1), be required to forfeit $500 for a first violation and $1,000 for a 2nd or subsequent violation of the same provision.

(4) The department shall promulgate rules that specify an enforcement process that the department must follow before issuing a citation under sub. (1). The department shall include in the enforcement process under this subsection an enforcement conference with the person against whom enforcement is contemplated.

(5) Subsection (1) does not apply to a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

360,28 Section 28. 299.07 (1) (a) 1. of the statutes is amended to read:

299.07 (1) (a) 1. A registration or license under s. 280.15.

360,29 Section 29. 299.08 (1) (a) 1. of the statutes is amended to read:

299.08 (1) (a) 1. A registration or license under s. 280.15.

360,30 Section 30. 443.14 (12m) of the statutes is amended to read:

443.14 (12m) A well driller, as defined in s. 280.01 (7), who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8).

360,31 Section 31. 470.025 (9) of the statutes is amended to read:

470.025 (9) A well driller, as defined in s. 280.01 (7), who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8).

360,32 Section 32 . Nonstatutory provisions.

(1) The department of natural resources shall issue a well driller license to each individual registered as a well driller under section 280.15 (1), 2003 stats., on the effective date of this subsection without requiring the individual to comply with section 280.15 (2m) (f) of the statutes, as created by this act. The department of natural resources shall issue a pump installer license to each individual registered as a pump installer under section 280.15 (1), 2003 stats., on the effective date of this subsection, without requiring the individual to comply with section 280.15 (2m) (e) of the statutes, as created by this act.

360,33 Section 33. Effective dates. This act takes effect on the first day of the 25th month beginning after publication, except as follows:

(1). The treatment of section 280.15 (3g) and (3r) of the statutes takes effect on the first day of the 7th month beginning after publication.

(2) Section 32 (1 ) of this act takes effect on the first day of the 19th month beginning after publication.