NR 812.05 Disposal of pollutants; injection prohibition. NR 812.05(1)(a)
“Drillhole" includes any excavation or opening that is deeper than it is wide, even if it extends less than 10 feet below the ground surface.
“Well" includes any excavation that is deeper than it is wide regardless of the excavation's depth or purpose.
The use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance, as defined in s. 160.01 (8)
, Stats., underground is prohibited unless any of the following apply:
The placement is a department-approved activity necessary for any of the following:
The construction, rehabilitation or operation of a well, drillhole or water system.
The remediation of contaminated soil, groundwater or an aquifer.
The placement consists of grouting, sealing or filling and sealing materials as specified in s. NR 812.20
; grouting or filling and sealing materials as specified in s. NR 811.13
; annular space sealing or filling and sealing materials specified in s. NR 141.13
; or other similar materials containing additives approved under sub. (3)
The placement consists of bentonite grout, cement or concrete, or other similar materials containing additives approved under sub. (3)
, for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement.
The department may approve alternative materials or additives that are to be used in conjunction with the activities noted under sub. (2)
. Approval shall be based on, but not limited to, such factors as the potential toxicity of an alternative material or additive, the effectiveness of an alternative material or additive for its specified use, the amount or quantity of material to be used, and the potential for use of an alternative material to result in groundwater contamination or otherwise harm human health or the environment.
Only department approved groundwater tracers may be used for hydrogeologic studies. Approval shall be based on, but not limited to, such factors as the potential toxicity of a tracer, the effectiveness of a tracer for its use as specified in an application for approval, and the potential for use of a tracer to result in groundwater contamination or otherwise harm human health or the environment. A list of previously approved groundwater tracers is available from the department upon request.
The following activities are not prohibited by this section:
Circulation of water or a food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.
Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault.
Except for the disposal of a waste material, the placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.
Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground.
Injection activities conducted in conjunction with placement of backfill into an underground nonferrous metallic mine approved under ch. NR 132
or in connection with placement of backfill into an underground ferrous mine approved under subch. III of ch. 295
NR 812.05 History
Cr. Register, January, 1991, No. 421
, eff. 2-1-91; am. Register, September, 1994, No. 465
, eff. 10-1-94; am. Register, May, 2000, No. 533
, eff. 6-1-00; CR 13-099
: am. (2) (b) Register September 2014 No. 705
, eff. 10-1-14; CR 13-057
: am. (5) (e) Register July 2015 No. 715
, eff. 8-1-15.
NR 812.06 Drinking water standards.
Private or non-community water systems producing water containing contaminant levels in excess of the primary drinking water standards contained in ch. NR 809
, the enforcement standards contained in ch. NR 140
, or other advisory levels identified by the department may be designated by the department as contaminated.
NR 812.06 History
Cr. Register, January, 1991, No. 421
, eff. 2-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465
NR 812.07 Definitions.
The following terms are defined as follows:
“Adequate water supply" means a water supply which has a well yield and the pump capacity to provide the quantity and quality, where obtainable, according to s. NR 812.06
, of water necessary for human or sanitary use, or for the preparation of food products and other purposes for which the water is intended to be used.
“Advance notification" means notification to the department via fax, e-mail or telephone at least one working day before commencing any work.
“Agricultural crop field" means land where there is evidence that agricultural crops were or are being grown.
“Air-gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood level rim or spill level of the receptacle.
“Animal barn" means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot.
“Animal barn pen" means a covered, enclosed concrete area where animals are kept.
“Animal yard" means an uncovered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet kennel enclosing 5 or fewer adult pets on a residential lot. An animal yard includes any fenced area where animals are kept or have access including pastures, feed lots, pens, calf hutches, lanes, and riding corrals.
“Animal shelter" means a covered, paved or unpaved area in which animals are kept. This includes an area where an individual animal is kept, but does not include a single pet house or single pet kennel housing 5 or fewer adult pets on a residential lot.
“Annular space" means the space between 2 concentric cylinders or circular objects, such as the space between an upper enlarged drillhole and a well casing pipe.
“API" means the American Petroleum Institute.
NR 812.07 Note
Note: The API address is 1220 L Street NW, Washington DC 20005-4070.
“Approval" means the prior approval of the department.
“Approved" means approved by the department.
“ASSE" means American society of sanitary engineering.
“ASTM" or “ASTM International" means the organization formerly known as the American Society for Testing and Materials.
NR 812.07 Note
Note: The ASTM or ASTM International address is 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19148-2959.
“AWWA" means the American Water Works Association.
NR 812.07 Note
Note: The AWWA address is 6666 West Quincy Avenue, Denver, Colorado 80235.
“Aquifer" means a geological layer of either unconsolidated material, usually sand or gravel or both, or bedrock lying below the ground surface, that is all or partially saturated with water and permeable enough to allow water to be extracted as from a well.
“Artesian pressure" means water pressure in an aquifer sufficient enough to cause the groundwater level in a well to rise above the level at which it was encountered in the well whether or not the water flows at the ground surface.
“Artesian well" means a well in which the groundwater rises above the level at which it was encountered in the well whether or not the water flows at the ground surface.
“AWWA" means American water works association.
“Bail-down method" means a method for setting a screen whereby the screen is fitted with an open pipe sleeve or a bail-down shoe at its lower end and sediment is removed from below the screen to allow the screen to settle into place.
“Basement" means a subsurface structure or part of a structure in which the floor is entirely below grade.
“Batch chlorination" means the process of disinfecting a well by injecting, in one continuous pour, a chlorine solution that equals or exceeds the volume of standing water in the well and by using a process that recirculates the solution through the pump and pump discharge piping system back into the well.
“Bedrock" means any naturally formed consolidated or coherent material of the earth's crust, composed of one or more minerals, rock fragments or organic material that underlies any soil or other unconsolidated surficial material or is exposed at the surface. Bedrock includes, but is not limited to limestone (dolomite), sandstone, shale and igneous and metamorphic crystalline rock, including granite, rhyolite, quartzite, gabbro, basalt, gneiss, schist, diorite and greenstone.
“Cable-tool drilling machine" means a machine which uses a drill bit with a cutting edge at the bottom of a heavy string of tools suspended on a cable. The drillhole material is broken up by repeated lifting and dropping of the tools and bit.
“Chemical conditioning" means using department-approved chemicals or products to restore a well to its original capacity, production capability or water quality.
“Cistern" means a tank in which rainwater is stored or collected.
“Clay" means an inorganic soil with grain size less than 0.074mm and with characteristics of low permeability and a plasticity index (PI) of more than 7.
“Clay slurry" means a fluid mixture of water, clean native clay and drill cuttings or sand having a mud weight of at least 11 pounds per gallon.
“Clear water" means wastewater other than storm water, having no impurities or where impurities are below a minimum concentration considered harmful by the department of safety and professional services, including but not limited to noncontact cooling water and condensate drainage from refrigeration compressors and air-conditioning equipment, drainage of water used for equipment chilling purposes, and cooled condensate from steam heating systems or other equipment.
“Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any water system serving 7 or more single family homes, 10 or more mobile homes, 10 or more apartment units, 10 or more duplex living units or 10 or more condominium units shall be considered a community water system unless information satisfactory to the department is provided by the owner indicating that 25 year-round residents will not be served.
“Comparable protection" means to substitute alternative protective measures to provide similar or equal sanitary protection to that provided by this chapter including the well location requirements of s. NR 812.08
“Conduit" means piping or tubing used to protect discharge or suction piping or electrical wires.
“Confining bed" means a geological layer of either unconsolidated material, usually clay or hardpan, or bedrock, usually shale, that is all or partially saturated with water and having permeability low enough relative to the aquifer to give the water in the aquifer artesian head.
“Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
“Crawl space" means the space below a building having no basement; the space being at ground grade, in a depression or in an excavation.
“Cross connection" means a connection or potential connection between any part of a water supply system and another environment containing substances that, under any circumstances, would allow the substances to enter the water supply system by means of back siphonage or back pressure.
“DHS" means the department of health services.
“DR" means dimension ratio and is used as a substitute for standard dimension ratio (SDR).
“Department" means the department of natural resources.
“Detention basin" means an excavation into soils having low permeability or installed with a liner having low permeability, not having a permanent pool of water, designed and constructed to temporarily hold storm water to reduce peak discharges of storm water for flood control and to allow for the physical settling of pollutants.
“Detention pond" means an impoundment that has a permanent pool of water and is designed to have the capacity to temporarily store storm water runoff to provide flood control and to allow for the physical settling of pollutants.
“Ditch" means a long narrow excavation dug in the earth for the drainage of surface water.
“Downslope location" means a well or reservoir is located directly down-gradient from a contamination source or a potential contamination source, regardless of the presence or absence of a structure between the well and the source, when the ground surface elevation at the well or reservoir is lower than the elevation at the source, and surface water that runs over the source would travel within 8 feet of the well or reservoir.
“Drawdown" means the extent to which the water level or water pressure in and near a well is lowered when water is pumped or flows from the well.
“Drilled wells" means wells or drillholes constructed by digging, boring, drilling, jetting, driving or similar methods. Drilled wells do not include driven point (sand point) wells unless driving the point is combined with a process to remove material below the 10-foot depth.
“Drillhole" means an excavation, opening or driven point well deeper than it is wide that extends more than 10 feet below the ground surface.
“Heat exchange drillhole" means an excavation or opening in the ground that is deeper than it is wide, that extends more than 25 feet below the ground surface, and that is made for the purpose of installing a geothermal closed-loop heat exchange system.
“Lower drillhole" means that part of a drillhole below the vertical zone of contamination or below the well casing pipe.
“Upper enlarged drillhole" means a drillhole larger in diameter than the well casing pipe.
“Drilling mud" means a fluid mixture of water, sodium bentonite, drill cuttings and any approved additives.
“Driven point well" means a well constructed by joining a drive point with lengths of pipe, and driving the assembly into the ground with percussion equipment or by hand, but without first removing material below the 10-foot depth.
NR 812.07 Note
Note: A “driven point well" is also known as a sand point well.
NR 812.07 Note
Note: All other types of wells, including those constructed by a combination of jetting and driving, are drilled wells.
“Dual-rotary drilling method" means a drilling system that uses a drilling machine with two separately-operated rotary-drive mechanisms, a top drive that rotates the drill string and bit, and a lower drive unit that clamps onto the casing pipe, rotates it and advances it into the geologic formation.
“DSPS" means the department of safety and professional services.
“Dug well" means a well consisting of a large diameter hole, deeper than it is wide, constructed into the ground, usually by hand, but if by mechanical means, by methods other than drilling, jetting or boring; and within which the side walls are supported by a curbing.
“Established ground surface" means the permanent elevation of the surface of the site of a well.
“Existing installations" means wells and water systems which were constructed, reconstructed or installed before October 1, 2014.
“FDA" means U.S. food and drug administration.
“Feature" means any well construction or pump installation item for which there is a specification in this chapter.
“Filling and sealing" means to fill a well, drillhole, pit or reservoir with a material or materials so the well, drillhole, pit or reservoir will not act as a vertical conduit to contaminate another well, groundwater or an aquifer.