Policy Area | Alternatives | Comments |
PVC well casing | No rule revision Allow PVC well casing in bedrock with specified standards for location and construction Other | Evaluation will consider how other states regulate use of PVC well casing in bedrock, what standards are used to address concerns with grout materials and casing integrity, and whether appropriate standards can be applied in Wisconsin to ensure adequate protection of drinking water and groundwater. |
Casing Depth in Limestone/ Dolomite Bedrock | No rule revision Casing depth modified if depth to bedrock < 20 feet Casing depth modified statewide Casing depth modified in targeted areas Modified variance process Other | Evaluation will include data from well construction and related water quality tests to consider whether statewide or targeted approach is appropriate to establish increased casing depth in limestone/dolomite, and whether standards for special well casing depth areas require any revision to effectively implement. Evaluation will consider whether additional evidence should be included as part of the criteria for granting a variance. |
Flowing Wells | No rule revision Special construction methods required if flowing well within 500-feet Special construction methods required based on drilling results and/or driller’s professional judgment Modified variance process Other | Evaluation will consider what standards are enforceable and appropriate to effectively anticipate and respond to flowing well situations. Evaluation will consider whether additional evidence should be included as part of the criteria for granting a variance. |
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 227.11(2)(a)(intro.), Wis. Stats., provides that a state agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute,” subject to certain restrictions. Chapter 280, Wis. Stats., establishes the statutory authority and framework for regulation of Well Drilling, Heat Exchange Drilling and Pump Installation. Section 280.11, Wis. Stats., specifically directs the department to prescribe, publish and enforce minimum reasonable standards and rules for methods to be pursued to obtain pure drinking water for human consumption, and to establish safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption. This statute gives the department general supervision and control over all methods of obtaining groundwater for human consumption including the construction or reconstruction of wells, authority to prescribe, amend, modify or repeal any applicable rule and to perform any act deemed necessary for the safeguarding of public health. Section 280.13(1), Wis. Stats., provides authority to promulgate rules to administer and enforce the requirements for well drilling and pump installation. Chapter 281, Wis. Stats., gives the department authority to regulate groundwater withdrawals, and includes enforcement authorities. Section 281.17(8)(a) Wis. Stats., provides authority for the department to administer a safe drinking water program no less stringent than the requirements of the federal Safe Drinking Water Act. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
NR 812 rule revisions are expected to require approximately 720 department employee hours.
6. List with description of all entities that may be affected by the proposed rule:
a. Private well owners
b. Licensed well drillers, heat exchange drillers and pump installers
c. Noncommunity public water system owners
d. Wisconsin Water Well Association
e. Wisconsin Geothermal Association
f. Wisconsin Department of Health Services
g. Wisconsin Geologic and Natural History Survey
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Federal law does not directly regulate the construction of wells or heat exchange drillholes, and does not regulate the installation of pumps. For public drinking water systems, Wisconsin is a primacy state, with the primary responsibility to enforce state drinking water regulations consistent with the federal Safe Drinking Water Act. One federal requirement of Wisconsin’s primacy role is that the state assures the design and construction of new or substantially modified public water system facilities will be capable of compliance with the State primary drinking water regulations. For noncommunity public drinking water systems, NR 812, Wis. Adm. Code, provides the design and construction standards to meet this federal requirement.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The Department’s preliminary determination is that proposed rule changes to NR 812 will have minimal economic impact (less than $50,000 per year and with unquantifiable environmental benefits). The “information and advice period” is anticipated to be 30 days to ensure adequate time for affected entities to provide input. Overall the proposed changes are expected to reduce regulatory burden and result in a net positive economic impact on small businesses.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding four concurrent public hearings in October 2021. Hearing cities are anticipated to be: Eau Claire, Wausau, Green Bay, Madison. Technology will be used to hold all hearings concurrently, reducing DNR staff time and travel costs. These four locations are expected to provide convenient access to public hearings for interested parties around the state.
Contact Person: Liesa Lehmann, (608)267-7649
