NR 815.03 Note
Note: “Regulatory agency" in s.
160.01 (7), Stats., means the Department of Agriculture, Trade and Consumer Protection, the Department of Safety and Professional Services, the Department of Transportation, the Department of Natural Resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.
NR 815.03(47)
(47) “Safe drinking water act" or “SDWA" means the safe drinking water act, Pub. L. 93-523, as amended;
42 USC 300f et seq.
NR 815.03(48)
(48) “Sanitary waste" means sewage containing wastes primarily from humans and housekeeping activities, such wastes include those collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for domestic food preparation, domestic clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses and utensils are cleaned.
NR 815.03 Note
Note: Sanitary waste may be generated at residential, commercial, industrial or recreational facilities provided that the waste is not mixed with the waste from an industrial process. Sanitary waste may also include clearwater, filter backwash or effluent from water treatment devices or similar discharges from other household appliances as approved by the Department of Safety and Professional Services.
NR 815.03(49)
(49) “Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements that leads to compliance with a specified statute or administrative rule.
NR 815.03(50)
(50) “Septic system" means a sewage treatment and disposal system consisting of a septic tank and a soil absorption field that is used to disperse or otherwise discharge sanitary waste underground.
NR 815.03 Note
Note: A septic system may also be a private onsite wastewater treatment system or a private sewage system as defined in s.
145.01 (12), Stats.
NR 815.03(51)
(51) “Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments and public buildings as defined in s.
101.01 (12), Stats., with any surface water or groundwater as may be present in the water-carried wastes.
NR 815.03(52)
(52) “Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
NR 815.03(53)
(53) “Sludge" means the accumulated solids generated during the biological, physical or chemical treatment of potable water or wastewater.
NR 815.03(55)
(55) “State director" means the chief administrative officer of the state regulatory agency operating an approved underground injection control program, a delegated representative of the chief administrative officer, or both.
NR 815.03 Note
Note: If responsibility for administering portions of the underground injection control program is divided among 2 or more state regulatory agencies, state director means the chief administrative officer, or a delegated representative of the chief administrative officer, of the state regulatory agency authorized to perform the procedure or function to which reference is made.
NR 815.03(56)
(56) “Stratum" means a single stratigraphic bed or layer, regardless of thickness, that consists throughout its thickness of approximately the same kind of geologic material.
NR 815.03 Note
Note: “Substance" in s.
160.01 (8), Stats., means any solid, liquid, semisolid, dissolved solid or gaseous material, naturally occurring or man-made chemical, parameter for measurement of water quality or biological organism which, in its original form, or as a metabolite or a degradation or waste product, may decrease the quality of groundwater.
NR 815.03(58)
(58) “Subsurface fluid distribution system" means an assemblage of perforated pipes or drain tiles, or any similar conveyance, intended to disperse or otherwise discharge a fluid underground.
NR 815.03(59)
(59) “UIC program" or “underground injection control program" means the federal underground injection control program authorized by part C of the safe drinking water act or an approved state underground injection control program.
NR 815.03(61)
(61) “Underground source of drinking water" means any aquifer or groundwater, or portion of any aquifer or groundwater, located within the jurisdictional boundaries of the state.
NR 815.03(63)(b)
(b) A dug hole whose depth is greater than its largest surface dimension.
NR 815.03 Note
Note: For the purposes of this chapter, a nonperforated underground piping system such as a sanitary sewer, storm sewer, conductor, telecommunications conduit, petroleum or natural gas pipeline or other similar conveyance is not considered to be a well.
NR 815.03(64)
(64) “Well injection" means the placement of a fluid underground through a well.
NR 815.03 History
History: CR 01-104: cr.
Register October 2004 No. 586, eff. 11-1-04.
NR 815.04
NR 815.04 Classification of injection wells. Injection wells are classified as follows:
NR 815.04(1)
(1)
Class i injection well. A class I well is any of the following:
NR 815.04(1)(a)
(a) A well used for underground injection of a fluid classified as a hazardous waste or a fluid containing any substance classified as a hazardous waste below the lowermost formation containing an underground source of drinking water.
NR 815.04(1)(b)
(b) A well used for underground injection of a fluid containing an industrial or municipal waste below the lowermost formation containing an underground source of drinking water.
NR 815.04(1)(c)
(c) A well used for underground injection of a fluid containing a radioactive waste below the lowermost formation containing an underground source of drinking water.
NR 815.04(2)
(2)
Class ii injection well. A class II well is any of the following:
NR 815.04(2)(a)
(a) A well used for underground injection of a fluid that was brought to the surface in connection with activities that are related to the conventional production of oil or natural gas, or the underground storage of natural gas, that may be commingled with wastewater that is produced during production operations, except for any wastewater that is classified as a hazardous waste at the time of injection.
NR 815.04(2)(b)
(b) A well used for enhanced recovery of oil or natural gas.
NR 815.04(2)(c)
(c) A well used for storage of hydrocarbons that are liquid at standard temperature and pressure.
NR 815.04(3)
(3)
Class iii injection well. A class III well is a well used for solution mining of minerals including, but is not limited to:
NR 815.04(3)(b)
(b) A well used for in-situ production of uranium or other metals from ore bodies that have not been conventionally mined.
NR 815.04 Note
Note: A well used for solution mining of conventional mines, such as stopes leaching, is classified as a class V injection well.
NR 815.04(4)
(4)
Class iv injection well. A class IV well is any of the following:
NR 815.04(4)(a)
(a) A well used for underground injection of a hazardous waste or radioactive waste or a fluid containing a hazardous waste or radioactive waste into a formation that contains an underground source of drinking water.
NR 815.04(4)(b)
(b) A well used for underground injection of hazardous waste or radioactive waste or a fluid containing a hazardous waste or radioactive waste above a formation which contains an underground source of drinking water.
NR 815.04(5)
(5)
Class v injection well. Any well used for underground injection that is not classifiable as a class I, II, III or IV injection well.
NR 815.04 History
History: CR 01-104: cr.
Register October 2004 No. 586, eff. 11-1-04.
NR 815.05
NR 815.05 Underground source of drinking water. NR 815.05(1)(1)
Any aquifer or groundwater, or portion of any aquifer or groundwater, located within the jurisdictional boundaries of the state is an underground source of drinking water.
NR 815.05(2)
(2) No regulatory agency may exempt any aquifer or groundwater, or portion of an aquifer or groundwater, located within the jurisdictional boundaries of the state from designation as an underground source of drinking water.
NR 815.05 History
History: CR 01-104: cr.
Register October 2004 No. 586, eff. 11-1-04.
NR 815.06
NR 815.06 Prohibitions. The following activities are prohibited:
NR 815.06(1)
(1) Construction of a class I injection well or use of a well as a class I injection well.
NR 815.06 Note
Note: Use of a well to place a hazardous waste underground is prohibited as specified in s.
NR 665.0430. Use of a well to place municipal or domestic wastewater underground is prohibited as specified in s.
NR 206.07 (2) (d). Use of a well to place a pollutant underground is prohibited as specified in s.
NR 214.04 (3).
NR 815.06(2)
(2) Construction of a class II injection well or use of a well as a class II injection well.
NR 815.06(3)
(3) Construction of a class III injection well or use of a well as a class III injection well.
NR 815.06(4)
(4) Construction of a class IV injection well or use of a well as a class IV injection well, unless the well is to be used to reinject treated contaminated groundwater back into the formation from which the groundwater was drawn and is approved by the department as part of a remedial action necessary for the cleanup of soil or groundwater contamination as specified in s.
NR 665.0430 (2) NR 815.06 Note
Note: Injection for remediation purposes requires a written approval from the department in order to meet the requirements of ss.
NR 140.28 (5) and
812.05. Injection requires a written exemption be granted under s.
NR 140.28 (5). Injection of groundwater that meets the definition of hazardous waste or contains a hazardous waste for remediation purposes requires a written approval under s.
NR 665.0430 (2).
NR 815.06(5)
(5) Construction of a class V injection well or use of a well as a class V injection well without the approval of the department, or other designated regulatory agency as specified in subch.
IV, unless the construction or use of the class V injection well is specifically allowed by administrative rule. The following activities are allowed:
NR 815.06(5)(a)
(a) Circulation of water or food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.
NR 815.06(5)(b)
(b) 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.
NR 815.06(5)(c)
(c) Placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.
NR 815.06(5)(d)
(d) 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.
NR 815.06(5)(e)
(e) 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, Stats.
NR 815.06 Note
Note: Use of any unauthorized injection well is prohibited under federal law, as specified in
40 CFR 144.11.
NR 815.06(6)
(6) Operation, maintenance, conversion, plugging, closure or any other alteration of an injection well in a manner that results in a violation of the provisions of ch.
160, Stats., or otherwise results in the endangerment of an underground source of drinking water.
NR 815.06 Note
Note: Endangerment of an underground source of drinking water is prohibited under federal law, as specified in
40 CFR 144.12.
NR 815.06(7)
(7) Construction or use of a large-capacity cesspool.
NR 815.06 Note
Note: Use of a large-capacity cesspool is prohibited under federal law, as specified in
40 CFR 144.85. Use of any cesspool is prohibited as specified in ch.
SPS 383.
NR 815.06(8)
(8) Construction or use of a new injection well to disperse or otherwise discharge a fluid containing a waste from motorized vehicle repair or maintenance activities underground.
NR 815.06 Note
Note: Construction or use of an injection well to dispose of fluids containing wastes from motorized vehicle repair or maintenance activities was prohibited as of April 5, 2000, as specified in
40 CFR 144.85. Any subsurface fluid distribution system constructed prior to this date which continues to be used to dispose of wastes from motorized vehicle repair or maintenance activities must comply with the land treatment provisions of s.
NR 214.16 or it is prohibited. The discharge of waste fluids from motorized vehicle repair or maintenance activities to any other well is prohibited.
NR 815.06(9)
(9) Construction or use of an improved sinkhole to place drainage water, wastewater or any other fluid containing a pollutant or substance underground.
NR 815.06 History
History: CR 01-104: cr.
Register October 2004 No. 586, eff. 11-1-04; correction in (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659;
CR 13-057: am. (5) (e)
Register July 2015 No. 715, eff. 8-1-15.
NR 815.07
NR 815.07 Approval of injection wells. NR 815.07(1)(1)
A regulatory agency may not approve the construction or use of a class I, II or III injection well.
NR 815.07(2)
(2) Subject to the limitation contained in sub.
(4), the department may only approve the construction or use of a class IV injection well, if the well is to be used to reinject treated contaminated groundwater back into the formation from which the groundwater was withdrawn and is approved by the department as part of a remedial action necessary for the cleanup of soil or groundwater contamination.
NR 815.07(3)
(3) Subject to the limitation contained in sub.
(4), a regulatory agency may approve a class V injection well as specified in subch.
IV.
NR 815.07(4)
(4) A regulatory agency may not approve the construction or use of any injection well that would violate the provisions of ch.
160, Stats., result in the endangerment of an underground source of drinking water or otherwise fail to comply with the other applicable requirements of this chapter.
NR 815.07 Note
Note: Section
160.19 (4), Stats., prohibits a state regulatory agency from promulgating a rule defining design and management practice criteria that permits a preventive action limit to be attained or exceeded in groundwater except as allowed under s.
160.19 (2), Stats. A state regulatory agency may not promulgate a rule defining design and management practice criteria that permits an enforcement standard to be attained or exceeded at the point of standards application.
NR 815.07 Note
Note: Endangerment, as it applies to Class V injection wells that are not prohibited under subchapter III, is any exceedance of an enforcement standard established under ch.
160, Stats., when measured at a point of standards application as defined in s.
160.01 (5), Stats.
NR 815.07(5)
(5) Failure to comply with any condition of an injection well approval voids the approval.
NR 815.07 History
History: CR 01-104: cr.
Register October 2004 No. 586, eff. 11-1-04.
NR 815.08
NR 815.08 Reporting of injection wells. NR 815.08(1)(1)
Except as specified in sub.
(2), by no later than 30 days after becoming the owner or operator, the owner or operator of an injection well shall provide the following inventory information to the department:
NR 815.08(1)(b)
(b) Name and address of the injection well owner or operator.
