LRB-3444/1
RCT:kjf:rs
2005 - 2006 LEGISLATURE
December 6, 2005 - Introduced by Senators Kedzie, Olsen, Risser, Cowles, Stepp
and Zien, cosponsored by Representatives Hahn, Kerkman, Ott, LeMahieu,
Gunderson, Krawczyk, Nass, Musser and Molepske. Referred to Committee
on Natural Resources and Transportation.
SB467,1,9
1An Act to repeal 280.01 (3) and 280.15 (3);
to renumber and amend 280.01
2(4), 280.01 (7), 280.15 (2) and 280.16 (2);
to amend 23.50 (1), 280.13 (1) (e),
3280.13 (2) (intro.), (a) and (b), 280.13 (3) to (6), 280.15 (title), 280.15 (1) (b),
4280.15 (1) (c), 280.15 (1) (d), 280.15 (1) (e), 280.15 (4), 280.19, 280.97, 299.07 (1)
5(a) 1., 299.08 (1) (a) 1., 443.14 (12m) and 470.025 (9);
to repeal and recreate
6280.15 (1) (a); and
to create 280.15 (1) (title), 280.15 (1) (am), 280.15 (2m),
7280.15 (3g), 280.15 (3r), 280.16 (2) (a), (b) and (c), 280.30 and 280.98 of the
8statutes;
relating to: well drilling, pump installing, well inspection and
9abandonment, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Well drilling and pump installing registration and licensing
Under current law, the Department of Natural Resources (DNR) registers
individuals and businesses that engage in the business of drilling drinking water
wells and that engage in the business of installing pumps to withdraw water from
wells.
Under this bill, DNR registers well drilling businesses and pump installing
businesses. In addition, DNR licenses individuals as well drillers and pump
installers and registers individuals as drilling rig operators. DNR may not grant a
registration for a well drilling business unless the applicant is a licensed well driller,
a licensed well driller has an ownership interest in the business, or the business
employs or contracts with a licensed well driller. DNR may not grant a registration
for a pump installing business unless the applicant is a licensed pump installer, a
licensed pump installer has an ownership interest in the business, or the business
employs or contracts with a licensed pump installer.
Under the bill, to become a licensed well driller, an individual must generally
have been a registered drilling rig operator for at least two years out of the preceding
five years and have complied with training requirements applicable to drilling rig
operators, must have the well drilling experience required by DNR, and must pass
an examination. To become a licensed pump installer, an individual must pass an
examination.
Under the bill, 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.
Enforcement of well drilling and pump installing requirements
Under current law, the Department of Justice generally enforces the
environmental protection laws. Currently, a violation of law related to well drilling
and pump installing is a crime, punishable by a fine of $10 to $100 or imprisonment
for not more than 30 days or both.
This bill authorizes DNR to issue citations (similar to traffic tickets) to enforce
some rules related to well drilling and pump installing. The penalty for a violation
for which a citation is issued is a forfeiture (a civil monetary penalty) of $500 for a
first violation and $1,000 for a second or subsequent violation.
Well abandonment and property transfer inspections
This bill prohibits a person from filling or sealing a water supply well unless the
person is a licensed well driller or pump installer, is supervised by a licensed well
driller or pump installer, or is a certified water system operator. The bill also
provides that if a property transfer is contemplated, an individual may not perform
an inspection of the property for the purpose of evaluating water supply wells or
pressure systems unless the individual is a licensed well driller or pump installer.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB467, s. 1
1Section
1. 23.50 (1) of the statutes is amended to read:
SB467,3,82
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
3court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
1for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
2283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2),
3subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
4administrative rules promulgated thereunder, violations specified under s.
280.98
5(2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal,
6violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
7violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
8enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
SB467, s. 2
9Section
2. 280.01 (3) of the statutes is repealed.
SB467, s. 3
10Section
3. 280.01 (4) of the statutes is renumbered 280.01 (2e) and amended
11to read:
SB467,3,1612
280.01
(2e) "
Pump Licensed pump installer" means any
person, firm or
13corporation individual who has
duly registered as such with the department and
14shall have paid the annual
registration license fee
under s. 280.15 (2m) (c) 2. and
15obtained a
permit to engage in pump installing as herein provided license under s.
16280.15 (2m) as a pump installer.
SB467, s. 4
17Section
4. 280.01 (7) of the statutes is renumbered 280.01 (2m) and amended
18to read:
SB467,3,2219
280.01
(2m) "
Well Licensed well driller" means any
person, firm or corporation 20individual who has
duly registered as such with the department and shall have paid
21the annual
registration license fee
under s. 280.15 (2m) (c) 1. and obtained a
permit
22to construct wells as herein provided license under s. 280.15 (2m) as a well driller.
SB467, s. 5
23Section
5. 280.13 (1) (e) of the statutes is amended to read:
SB467,4,324
280.13
(1) (e) Prepare and cause to be printed
such any codes, bulletins or other
25documents
as may be that the department determines are necessary for the safety
1of the public health and the betterment of the industries, and furnish copies
thereof 2of those documents to
licensed well drillers,
licensed pump installers and to the
3public upon request.
SB467, s. 6
4Section
6. 280.13 (2) (intro.), (a) and (b) of the statutes are amended to read:
SB467,4,115
280.13
(2) (intro.) The department may on its own motion make investigations
6and conduct hearings and may, on its own motion or upon complaint in writing, duly
7signed and verified by the complainant, and upon not less than 10 days' notice to the
8licensed well driller or
licensed pump installer, suspend or revoke as
hereinafter 9provided
in subs. (3) and (4) any well driller's or pump installer's
permit license if
10said the department has reason to believe or finds that the holder of
such permit the
11license has
done any of the following:
SB467,4,1312
(a) Made a material misstatement in the application for
permit the license or
13any application for a renewal
thereof of the license.
SB467,4,1514
(b) Demonstrated incompetency to act in the industry or industries for which
15such permit the license was issued
; or.
SB467, s. 7
16Section
7. 280.13 (3) to (6) of the statutes are amended to read:
SB467,4,2317
280.13
(3) A The department shall serve a copy of the complaint with notice
18of the suspension of
permit license, if ordered by the department,
shall be served on
19the person complained against, and the
person's person shall file an answer
shall be
20filed with the department and the complainant within 10 days after service. The
21department shall
thereupon set the matter for hearing as promptly as possible and
22within 30 days after the date on which the complaint was filed. Either party may
23appear at the hearing in person or by attorney or agent.
SB467,5,9
24(4) No The department may not make an order revoking a
permit license under
25sub. (2)
shall be made until after a public hearing to be held before the department
1in the county where the
permittee licensee has his or her place of business. If the
2permittee licensee is a nonresident, the hearing shall be at
such the place
as that the
3department designates. At least 10 days prior to the hearing the department shall
4send written notice of the time and place of the hearing to the
permittee licensee and
5to the
permittee's licensee's attorney or agent of record by mailing the notice to the
6last-known address of
such those persons. The testimony presented and
7proceedings had at the hearing shall be recorded and preserved as the records of the
8department. The department shall as soon
thereafter as possible
after the hearing 9make its findings and determination and send a copy to each interested party.
SB467,5,11
10(5) One year after the date of revocation or thereafter
application may be made 11a person whose license was revoked may apply for a new
permit license.
SB467,5,18
12(6) No individual
, firm or corporation whose
permit license has been revoked
13pursuant to under this section
shall may, during the period in which the revocation
14is effective, engage in any well drilling or pump installing activity except under the
15direct supervision
and as an employee of a
registered licensed well driller or
licensed 16pump installer
and as an employee of a licensed well driller, a licensed pump
17installer, a registered well drilling business, or a registered pump installing
18business.
SB467, s. 8
19Section
8. 280.15 (title) of the statutes is amended to read:
SB467,5,21
20280.15 (title)
Well drilling and pump installing; registration; licensing;
21qualifications; fee.
SB467, s. 9
22Section
9. 280.15 (1) (title) of the statutes is created to read:
SB467,5,2323
280.15
(1) (title)
Business registration.
SB467, s. 10
24Section
10. 280.15 (1) (a) of the statutes is repealed and recreated to read:
SB467,6,4
1280.15
(1) (a)
Registration requirement. No person may engage in the business
2of well drilling or pump installing in this state unless the person obtains registration
3under this paragraph as a well drilling business or pump installing business, except
4as follows:
SB467,6,65
1. An individual who is a licensed well driller or a licensed pump installer is
6not required to obtain registration.
SB467,6,87
2. An individual who is employed by or works under contract with a licensed
8well driller or a licensed pump installer is not required to obtain registration.
SB467,6,109
3. An individual who is employed by or works under contract with a person who
10is registered under this paragraph is not required to obtain registration.
SB467,6,1211
4. An individual to whom sub. (4) or s. 280.19 applies is not required to obtain
12registration.
SB467, s. 11
13Section
11. 280.15 (1) (am) of the statutes is created to read:
SB467,6,2114
280.15
(1) (am)
Prerequisite. The department may not grant registration under
15par. (a) to a person to engage in the business of well drilling unless the person is a
16licensed well driller, a licensed well driller has an ownership interest in the business,
17or the person employs or contracts with a licensed well driller. The department may
18not grant registration under par. (a) to a person to engage in the business of pump
19installing unless the person is a licensed pump installer, a licensed pump installer
20has an ownership interest in the business, or the person employs or contracts with
21a licensed pump installer.
SB467, s. 12
22Section
12. 280.15 (1) (b) of the statutes is amended to read:
SB467,7,423
280.15
(1) (b)
Application. A person who seeks to register
as a well
driller 24drilling business or pump
installer
installing business shall apply to the department
25for registration of each place of business or retail outlet he or she operates as a well
1driller drilling business, pump
installer installing business, or both, upon forms
2prepared by the department for this purpose. The application shall be accompanied
3by a
permit registration fee for each place of business or retail outlet included in the
4application.
SB467, s. 13
5Section
13. 280.15 (1) (c) of the statutes is amended to read:
SB467,7,96
280.15
(1) (c)
Renewal. In order to retain registration as a well
driller drilling
7business or pump
installer installing business a person shall apply for registration
8renewal and pay the required
permit registration fees annually on or before January
91
of each year.
SB467, s. 14
10Section
14. 280.15 (1) (d) of the statutes is amended to read:
SB467,7,1211
280.15
(1) (d)
Permit Registration fee. The
permit fees required for registration
12application or annual renewal are as follows:
SB467,7,1313
1. Well
driller drilling business, $50.
SB467,7,1414
2. Pump
installer installing business, $25.
SB467,7,1515
3. Well
driller drilling business and pump
installer installing business, $75.
SB467, s. 15
16Section
15. 280.15 (1) (e) of the statutes is amended to read:
SB467,7,1917
280.15
(1) (e)
Late fees. A person who files an application for registration
18renewal or who fails to pay the required annual
permit
registration fees after
19January 1 shall pay a late penalty of $15.
SB467, s. 16
20Section
16. 280.15 (2) of the statutes is renumbered 280.15 (1) (f) and amended
21to read: