NR 812.08(4)(f)3. 3. Soil absorption unit receiving 8,000 or more gallons per day, existing, abandoned, or alternate.
NR 812.08(4)(f)4. 4. Sludge landspreading or drying area.
NR 812.08(4)(f)5. 5. An earthen silage storage trench or pit.
NR 812.08(4)(f)6. 6. Liquid waste disposal system including, but not limited to a treatment pond or lagoon, ridge and furrow system and spray irrigation system.
NR 812.08 Note Note: Variance from this separating distance may be granted for treatment ponds or lagoons constructed and maintained to an approval granted under ch. NR 213.
NR 812.08(4)(f)7. 7. Salvage yard or junkyard.
NR 812.08(4)(f)8. 8. A salt or deicing material storage area including the building structure and the surrounding area where the material is transferred to vehicles. This subdivision includes those structures or areas that store deicing material mixtures of sand and salt that have a salt content at or exceeding 5%, but does not include bagged deicing material.
NR 812.08(4)(f)9. 9. Solid waste processing facility.
NR 812.08(4)(f)10. 10. Solid waste transfer facility.
NR 812.08(4)(f)11. 11. The boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch. NR 718 while that facility is in operation.
NR 812.08(4)(fm) (fm) Five hundred feet between a well and an existing quarry or proposed quarry expansion.
NR 812.08(4)(g) (g) Twelve hundred feet between a well or reservoir and:
NR 812.08(4)(g)1. 1. The nearest edge of the limits of filling of an existing, proposed or abandoned landfill, measured to the nearest fill area of abandoned landfills, if known. Otherwise measured to the nearest property line where the landfill is located. The department may require, as part of a variance request, a land survey map, a scaled diagram of the landfill and the well location, or another accurate measurement method to determine and demonstrate the distance between the landfill and the well;
NR 812.08(4)(g)2. 2. The nearest edge of a coal storage area in excess of 500 tons; or
NR 812.08(4)(g)3. 3. A hazardous waste treatment facility regulated by the department. - See PDF for table PDF
  ^ The department recommends that a well be separated from any adjacent building such that the centerline of the well, extended vertically, will clear any projection of the building by not less than two feet.
  °The minimum separating distance between a well and a collector sewer serving more than 4 living units or larger than 6 inch diameter is 50 feet regardless of whether the well or the sewer was installed first.
  * “None" Although there were no minimum separation distances required by the code between these possible sources of contamination and a well or reservoir prior to 1975, and in some cases, prior to 1981, it is strongly recommended that the present standard minimum separation distance requirements be met whenever possible.
  ** Distances were developed under the Public Health Service Grade A Milk Ordinance and have been used by the department of agriculture, trade and consumer protection field inspectors.
  *** Variances from these separating distances may be granted for earthen manure storage and temporary manure stacks meeting specifications of Soil Conservation Service Standards No. 425 and 312, respectively.
  # Variances from this minimum separating distance may be granted for treatment ponds or for storage or treatment lagoons constructed and maintained to the requirements of an approval granted under ch. NR 213.
  ## After Feb. 1, 1991 and prior to October 1, 1994 the minimum separating distance between a well or reservoir and a lift station is based on the presence of a sewer force main at the lift station.
  ### Between Feb. 1, 1991 and October 1, 2014, NR 812.12 (16) required that when a quarry was located within 1200 feet of any proposed well, the upper enlarged drillhole and well casing pipe depth requirements were to be referenced from the bottom of the quarry. Effective October 1, 2014, NR 812.12 (16) states the requirements for when a quarry is located within 500 feet of any proposed water well.
  @@ While there is no minimum separation distance requirement between a potable well and a heat exchange drillhole, if the construction or operation of a geothermal heat exchange drillhole system adversely affects the operation of any private wells on neighboring properties, the department approval of the geothermal heat exchange drillhole system will not negate the protection to which private well owners are entitled under Wisconsin case law relating to groundwater. The department approval also does not relieve the well driller, property owner or geothermal heat exchange drillhole system operator of any liability which may result from injury or damage suffered by any person upon operation of the geothermal heat exchange drillhole system. (This means that if a nearby property owner can demonstrate that their water supply well has been adversely affected by the construction or operation of the geothermal heat exchange drillhole system, there is case-law precedent that would help support a claim brought by a neighbor to try to mitigate any negative impacts caused by the construction or operation of the system. The injured party may seek relief under the modified reasonable use doctrine set forth in State of Wisconsin v. Michels Pipeline Construction, Inc., 63, Wis. 2nd, 278 (1974). - See PDF for table PDF
NR 812.08(5) (5) Heat exchange drillhole separation distances. Minimum separation distances between any heat exchange drillhole, water supply wells, and existing sources of contamination; or between new sources of contamination and existing heat exchange drillholes shall be maintained as described in this subsection. Separation distance requirements to possible sources of contamination will not be waived because of property lines. Minimum separating distances are ten feet between a heat exchange drillhole and each of the following:
NR 812.08(5)(a) (a) Non-municipal water supply well.
NR 812.08(5)(b) (b) Onsite waste disposal system.
NR 812.08(5)(c) (c) Buried fuel storage tank.
NR 812.08 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (b) 1., (2) (a) to (c), (4) (a) 5., 9., 12. and 13., (b) 1., 5., 7., 11. and 13., (c) 10. to 13., (d) 1. to 3., (f) 6. to 8., (g) 1. and Table A, cr. (1) (e), (4) (a) 14. and 15., (b) 14. and 15., (c) 14. and 15., (d) 4. to 9. and (ee), r. (4) (b) 8., Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (4) (d) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489; cr. (4) (f) 11., am. Table A, Register, December, 1998, No. 516, eff. 1-1-99; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516; CR 05-020: am. (4) (g) 1. Register January 2006 No. 601, eff. 2-1-06; CR 09-123: am. (4) (b) 11. Register July 2010 No. 655, eff. 8-1-10; correction in (4) (a) 1., 2., 4., (b) 4., 5., (c) 7., 10. b., 14., (d) 1., Table A made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-096: am. (title), (4) (intro.), cr. (5), CR 13-099: am. (1) (intro.), (b) (intro.), r. (1) (b) 1., 2., cr. (1) (f), am. (2) (a) to (c), cr. (2) (d) to (g), am. (4) (intro.), (a) 1., 2., r. (4) (a) 3. to 6., 8., am. (4) (a) 11., r. (4) (a) 13., am. (4) (a) 14., 15., cr. (4) (a) 16. to 18., am. (4) (b) 2. to 4., 7., r. (4) (b) 9., 10., am. (4) (b) 12., r. (4) (b) 13., am. (4) (b) 15., cr. (4) (b) 16., am. (4) (c) 1., 2., 4., renum. (4) (c) 10. (intro.) to 10. and am., r. (4) (c) 10. a., b., cr. (4) (c) 16. to 20., am. (4) (d) 1., 4., 6., cr. (4) (d) 10. to 12., am. (4) (f) 2., 7., 8., cr. (4) (fm), am. Table A Register September 2014 No. 705, eff. 10-1-14; correction in (4) made under s. 35.17, Stats., Register September 2014 No. 705; 2015 Wis. Act 197 s. 43 Register April 2016 No. 724.
NR 812.09 NR 812.09Department approvals.
NR 812.09(1) (1)Review period. Unless another time period is specified by law, the department shall complete its review and make a determination on all applications for licenses or approvals within 65 business days after receipt of a complete application. Incomplete applications will be returned. The start of the 65 day review period will not begin until a complete application is received by the department. All requests for approval shall be in writing, except that for situations that require immediate response, an approval may be requested verbally and an advanced verbal approval may be granted by the department and followed up with a written confirmation.
NR 812.09(2) (2)Approval application and submission. The property owner or lessee shall obtain a written approval from the department. When an application is submitted by someone other than the owner of the subject property, the owner or authorized agent shall sign the application. Application information, outlines or forms may be obtained from the department. Applications shall provide information regarding the owner's and operator's name, address and firm name, if applicable, and any other information requested by the department. The department may request, but is not limited to descriptions or sketches of well construction, geology, pump installation, plumbing, possible contamination sources, property boundary, water use and, water sample results, depending on the type of application.
NR 812.09(3) (3)Plans and specification preparation. Plans and specifications for a school water system shall be submitted by a registered professional engineer or well driller for wells, and by a registered professional engineer or pump installer for pumps, discharge piping, storage tanks and controls. Plans and specifications for a wastewater treatment plant water system shall be submitted by a registered professional engineer, by a well driller for the well or a pump installer for the pump. If construction or installation of a water system described in this subsection has not commenced within 2 years of approval date, the approval is void.
NR 812.09(4) (4)Approvals required. Prior department approval is required for the activities described in this subsection. When deemed necessary and appropriate for the protection of public safety, safe drinking water and the groundwater resource, the department may specify more stringent well and heat exchange drillhole locations, well and heat exchange drillhole construction or pump installation specifications for existing and proposed high capacity, school or wastewater treatment plant water systems requiring approval by this subsection or water systems approved by variance. Approval by the department does not relieve any person of any liability which may result from injury or damage suffered by any other person. In addition, failure to comply with any condition of an approval or the construction, reconstruction or operation of any well or water system in violation of any statute, rule or department order shall void the approval. Approval is required for:
NR 812.09(4)(a) (a) The construction, reconstruction, or operation of a high capacity well or well system, including dewatering wells. An application for a high capacity well or well system approval shall include, for every well, the location, construction or reconstruction features, pump installation features, the proposed rate of operation and the distance to nearby public utility wells, as defined in s. 196.01, Stats.
NR 812.09(4)(a)1. 1. The department may deny approval, grant a limited approval or modify an approval under which the location, depth, pumping capacity or rate of flow and ultimate use is restricted so that the supply of water for any public utility, as defined by s. 196.01, Stats., will not be impaired. Reduced availability of groundwater to a public utility well may be indicated when calculations using estimated values for aquifer characteristics result in 10 or more feet of water level drawdown in the public utility well based on 30 days of continuous pumping from the proposed high capacity well or well system. The department may also deny approval or condition an approval if the proposed or actual well location, well construction or pump installation features or the use of the well does not meet, at the time of application, the specifications of this chapter for new well construction and pump installation or water use.
NR 812.09(4)(a)2. 2. When an owner or operator relinquishes control of the operation of a high capacity well or well system, a new approval shall be obtained by the new operator, owner or lessee before operation of the high capacity well or well system is continued.
NR 812.09(4)(a)3. 3. The owner or operator of a high capacity well or well system shall submit pumpage and well water level reports to the department on department forms at the time periods indicated by the department.
NR 812.09(4)(a)4. 4. Emergency approval for a high capacity well or well system may be granted when fire hazard, imminent crop damage or other similar emergency requires if the department determines that the high capacity well or well system proposed will not adversely affect or reduce the availability of water to a public utility, as defined in s. 196.01, Stats.
NR 812.09(4)(a)5. 5. High capacity test drillholes or up to 2 geothermal heat exchange drillholes may be constructed without approval to test for aquifer yield to determine if a high capacity well, heat exchange drillhole, or well system is feasible. The well casing pipe for such test drillholes shall not exceed 6-inch diameter unless the well driller notifies the department. High capacity test drillholes may be test pumped at a rate of 70 gallons per minute or more if the test does not last more than a total of 72 hours. After testing, the drillhole shall be filled and sealed, according to the requirements of s. NR 812.26 or shall be converted, following approval, to a high capacity well, heat exchange drillhole, or well system which meets the requirements of this chapter or ch. NR 811 and of any approved plans and specifications within 90 days.
NR 812.09 Note Note: State v. Michels Pipeline Construction, Inc., 63 Wis.2d 278, 217 N.W.2d 339 (1974) established that the doctrine of reasonable use applies to property rights in groundwater. Persons adversely affected by the operation of a high capacity well or well system may take action against the operator or owner of the high capacity well or well system.
NR 812.09(4)(b) (b) The construction, reconstruction or operation of a school or wastewater treatment plant well or water system.
NR 812.09(4)(c) (c) Installation of water treatment devices or chemical addition to a well or water system as specified in s. NR 812.37.
NR 812.09(4)(d) (d) A variance from any provision of this chapter.
NR 812.09(4)(e) (e) The construction of a granite or other crystalline bedrock well with less than 40 feet of well casing pipe.
NR 812.09(4)(f) (f) The construction or reconstruction of a well located in designated special well casing pipe depth areas.
NR 812.09 Note Note: A list of these special well casing pipe depth areas is available from the department.
NR 812.09(4)(g) (g) The construction of a well open to both an unconsolidated formation and a bedrock formation.
NR 812.09(4)(h) (h) The use of the Halliburton grouting methods or the grout displacement grouting method as described in s. NR 812.20 (3) (e), (f) and (g) for wells when the upper enlarged drillhole is more than 200 feet deep or when drilling mud or bentonite slurry has not been circulated up to the ground surface in the annular space prior to grouting.
NR 812.09(4)(i) (i) The development of a spring for use as a potable water supply as provided in s. NR 812.25.
NR 812.09(4)(j) (j) The construction or reconstruction of a pit as provided in s. NR 812.36 or in s. NR 812.42 (2).
NR 812.09(4)(k) (k) The installation of a hung well casing pipe or a hung liner.
NR 812.09(4)(L) (L) The use of well drilling aids and additives, grout, sealing or well filling and sealing materials and additives and well rehabilitation materials.
NR 812.09(4)(m) (m) The construction or reconstruction of a dug well as provided in s. NR 812.24.
NR 812.09(4)(n) (n) Well casing pipe testing procedures.
NR 812.09(4)(o) (o) The use of pitless adapters, pitless units, above ground discharge units, vermin-proof caps and seals and any treatment equipment to be installed directly in a well. The department may prohibit the use of any water supply equipment if the department finds there is substantial evidence that the equipment poses a significant hazard to safe drinking water or the groundwater. The department shall state its findings and conclusions in writing to the manufacturer, the licensed well drillers or pump installers, or both, and the industry representatives including the Wisconsin Water Well Association and the Wisconsin Pump and Well Suppliers Association. The effective date of the prohibition will have a 6 month delay for any well casing pipe product or a 12 month delay for other water supply equipment.
NR 812.09(4)(p) (p) The installation of a pressure tank with a volume greater than 1,000 gallons.
NR 812.09(4)(q) (q) The installation of a cathodic protection drillhole.
NR 812.09(4)(r) (r) The continued operation of a well or drillhole that meets the criteria in s. NR 812.26 (2) that requires permanent filling and sealing of the well or drillhole.
NR 812.09(4)(s) (s) The development of surface water for use as a potable water supply.
NR 812.09(4)(t) (t) Noncontinuous-slot well screens as specified in s. NR 812.13 (1) (e).
NR 812.09(4)(v) (v) The use of a nonpressure storage vessel other than a surge tank.
NR 812.09(4)(w) (w) The construction or reconstruction of a well on a property that is listed on the department's geographic information system registry of closed remediation sites.
NR 812.09(4)(x) (x) The construction of 10 or more heat exchange drillholes, or where the sum of the depths of all heat exchange drillholes is greater than 4000 feet, for a single drilling site.
NR 812.09(4)(y) (y) Any heat exchange drillhole greater than 400 feet in depth.
NR 812.09(4)(z) (z) Any heat exchange drillhole within 400 feet of a municipal water supply well.
NR 812.09 Note Note: Conditions that warrant variation from the original proposed project design, require consultation with the department and the heat exchange driller will be required to obtain a variance, as specified in s. NR 812.09 (4) (d).
NR 812.09 Note Note: The GIS Registry of Closed Remediation Sites has been renamed the GIS Registry. It is now a layer on the map view, RR Sites Map. Information about a specific site can be found in the tracking system, BRRTS on the Web. Both these applications can be found at http://dnr.wi.gov/topic/Brownfields/clean.html.
NR 812.09(5) (5)Approval verification. A well or heat exchange driller, well constructor, pump installer or contractor shall obtain a copy of the approval for any activity identified in sub. (4) prior to the initiation of any work on a well, heat exchange drillhole, pump installation or water system. When necessary and appropriate the department may grant a verbal approval to a well or heat exchange driller, pump installer or contractor to initiate an activity before obtaining a written copy of the approval provided the conditions of the approval are complied with.
NR 812.09(6) (6)Permit verification. A well driller, well constructor, pump installer or contractor shall obtain required permits from counties authorized to administer this chapter under ch. NR 845.
NR 812.09 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (4) (intro.), (a) 1., (4) (l), (5) and (6); cr. (4) (u) and (v), Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; r. (4) (u), Register, September, 1996, No. 489, eff. 10-1-96; CR 00-111: cr. (4) (w), Register October 2001 No. 550, eff. 11-1-01; correction to (6) made under s. 13.93 (2m) (b) 7., Stats., July 2002 No. 559; CR 13-096: am. (4) (intro.), (a) 5., (q), cr. (4) (x), (y), (z), am. (5), CR 13-099: am. (4) (a) 5., (L), (r) Register September 2014 No. 705, eff. 10-1-14; 2015 Wis. Act 197 s. 44 Register April 2016 No. 724.
subch. II of ch. NR 812 Subchapter II — New Water Well and Heat Exchange Drillhole Construction and Reconstruction and Filling and Sealing of Wells and Drillholes
NR 812.10 NR 812.10Well and heat exchange driller and well constructor requirements.
NR 812.10(1) (1)License. Well and heat exchange drillers shall hold a valid Wisconsin well or heat exchange drilling license. The name of the driller and the drilling license number shall be displayed on all well drilling rigs used in the construction of wells. The letters and numbers shall be at least 2 inches in height with at least 1/4 inch wide brush stroke. The identification shall have a sharp color contrast with the back-ground on which it is applied. The identification shall remain legible.
NR 812.10(2) (2)Location. Well and heat exchange drillers and well constructors shall be responsible for proper location of a well or heat exchange drillhole. Wells shall be located in sanitary locations and meet the minimum separation requirements specified in s. NR 812.08. Separation distance requirements to possible sources of contamination will not be waived because of property lines. Water wells may not be constructed within 1,200 feet of a landfill site without a variance. Variances from minimum separation distance requirements require approval. If the property is located within the area served by a municipally owned water system, the water well driller or well constructor shall notify the well owner of the need to obtain a private well operational permit from the municipality.
NR 812.10(3) (3)Equipment and materials. Well and heat exchange drillers and well constructors shall be adequately equipped to comply with the well construction requirements of ss. NR 812.11 to 812.16 and Tables I-IV. All materials installed in a well or heat exchange drillhole shall be new, unused and approved for use, except as specified in s. NR 812.26 (5). The department may prohibit the use of any material or equipment that poses a significant hazard to public health, safe drinking water or groundwater.
NR 812.10(4) (4)Construction methods. Well and heat exchange drillers and well constructors shall comply with this chapter in the construction and reconstruction of all wells or heat exchange drillholes. Adequate protection shall be provided for the top of the drillhole and the top of the well casing pipe to prevent surface contamination from entering the well or heat exchange drillhole during the drilling operation and when the driller is not at the drilling site. Well construction methods are depicted in figures 51 to 75.
NR 812.10(5) (5)Special casing areas. Well drillers and well constructors shall comply with the well casing pipe depth requirements in special well casing pipe depth areas established by the department where aquifers have been contaminated or in other special areas. Heat exchange drillers shall contact the department to discuss any special construction or installation requirements. A list of the special well casing pipe depth areas and the special casing pipe depth requirements may be obtained from the department.
NR 812.10 Note Note: In some of these special casing areas, wells are approved by the department on a case by case basis. There are other areas where special well construction requirements are necessary. These areas include sites on the department's geographic information system registry of closed remediation sites, as identified in s. NR 812.12 (15).
NR 812.10(6) (6)Grouting and sealing. Well and heat exchange drillers and well constructors shall be responsible for completing all grouting and sealing requirements using the mixtures and methods of s. NR 812.20. Grouting methods are depicted in figures 11 to 18. Heat exchange drillholes shall not remain open and ungrouted for more than 24 hours after completion.
NR 812.10(7) (7)Development and test pump. Well drillers and well constructors shall, upon completion of the well, develop and test pump the well according to s. NR 812.22. The well shall be pumped and developed until the water is practicably clear and free of sand, and until a stable pumping water level is established.
NR 812.10(8) (8)Noncomplying wells. When a water well or heat exchange driller or well constructor has constructed a water well or heat exchange drillhole not initially located or constructed in compliance with this chapter, the water well or heat exchange driller or well constructor shall pay all costs for bringing the well or heat exchange drillhole into compliance with this chapter, including the costs of filling and sealing the well, if necessary, other than those costs that would have been charged for an initial complying well construction.
NR 812.10(9) (9)Problem wells. The well driller or well constructor shall return to the well site to attempt to correct problems when a potable well produces bacteriologically unsafe water; when a well produces sandy or turbid water; or when failure of the well occurs due to a caving or sloughing formation. The well driller or well constructor shall return within 90 days after the well is completed or 30 days after the well is placed in service, whichever is longer. If noncomplying construction was not the cause of the problem, a fee may be charged by the well driller or well constructor for corrective work.
NR 812.10(10) (10)Notification of contaminated wells. Well drillers and well constructors shall notify the well owner if the well driller or well constructor becomes aware that the water from the well contains contaminates in excess for the primary drinking water standards in ch. NR 809.
NR 812.10(11) (11)Completion of the well. In accordance with all requirements of s. NR 812.22 (6), the water well driller or his or her agent or the well constructor shall collect a water sample or samples, using his or her test pump, the well owner's pump, air-lift equipment or bailer, from any new or newly reconstructed, rehabilitated, redeveloped or reconditioned potable well, including driven point wells, no later than 30 days following completion of the well or work on the well. Each water sample shall be analyzed for coliform bacteria, nitrate and any water tests required when performing well construction or reconstruction in a special well casing depth area. Each water sample shall be analyzed for coliform bacteria by a laboratory certified by DATCP for bacteriological analysis of drinking water and having an agreement with the department for electronic submission of laboratory test reports to the department no later than 30 days after completion of the analysis, or to the Wisconsin state laboratory of hygiene. Each water sample shall also be analyzed for nitrate by a laboratory certified by the department for nitrate analysis of drinking water and having an agreement with the department for electronic submission of laboratory test reports to the department no later than 30 days after completion of the analysis. The water well driller or well constructor shall disinfect, flush and seal the well. The water well driller shall provide a copy of the laboratory test report(s) to the well owner no later than 10 days after receipt of the report(s) by the well driller. The water well driller or well constructor shall submit a well construction report to the well owner and to the department within 30 days following the date of completion of the well construction or reconstruction.
NR 812.10 Note Note: The well driller or agent is required to have the water sample analyzed for bacteria. However, in some areas of Wisconsin the useable aquifer is contaminated throughout its entire vertical extent, so it may not be possible to obtain a bacteriologically safe water sample.
NR 812.10(11m) (11m)Pressure testing of heat exchange loops. Vertical heat exchange loop piping shall be pressure tested with potable water or an approved fluid in the loop, according to manufacturer's specifications.
NR 812.10(12) (12)Well notification report verification. A water well driller or well constructor shall either obtain a Well Notification or verify that the well owner has obtained a department Well Notification including the Notification Number, by obtaining a copy of the notification report, before the well construction operation is started.
NR 812.10(13) (13)permit verification. A water well driller, well constructor, pump installer or contractor shall obtain required permits from counties authorized to administer this chapter under ch. NR 845.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.