Section 87. NR 812.08 (1) (g) and (1m) are created to read:
NR 812.08 (1) (g) Such that the location of a spring meets the requirements under s. NR 812.25. (1m) General prohibitions. No person may locate a well, reservoir, spring, or a contaminant source in a manner that fails to comply with any requirements established in this section.
Section 88. NR 812.08 (2) is repealed and recreated to read:
NR 812.08 (2) Relation to buildings. In relation to buildings, all of the following apply to the location of any potable or nonpotable well:
(a) No well may be located directly in line with a rainwater downspout outlet or other clear water discharge.
(b) When a structure is built over a drilled well, the structure shall have an easily removable access hatch, or provide other practicable access to allow for pulling and servicing the pump. The well casing pipe shall extend at least 12 inches above the ground-grade or above the ground-grade floor of the building and shall be sealed watertight at the point where it extends through the floor.
(c) No well may be located, nor a building constructed, such that the well casing pipe will terminate in a basement or extend through the basement of any building or terminate under the floor of a building having no basement. A well may not terminate in or extend through a crawl space.
(d) The top of a well casing pipe may terminate in a walkout basement if all of the following conditions are met:
1. It is possible to walk directly outside from the walkout basement without walking upstairs or upslope.
2. The surface of the ground around the outside exit door of the walkout basement slopes down away from the door.
3. The well and pump installation are accessible for repair and removal.
4. The well produces water free from contaminant levels in excess of the standards specified in s. NR 812.06. 5. The well casing pipe depth meets the requirements of s. NR 812.17. 6. The well and pump installation are in compliance with all other requirements of this chapter.
7. The walkout basement is not subject to flooding.
8. The walkout basement is not in a floodway or floodplain.
(e) A well may not terminate in or extend through a crawl space having a below grade depression or excavation.
(f) If a well must be located in a driveway, parking area, walkway, or other high traffic area due to lot size or to meet minimum required separation distances between the well and contaminant sources, the well may be contained within a driveway ramp structure without department approval providing the driveway ramp meets the specifications of s. NR 812.36. A driveway ramp may not be constructed or located in a floodway or floodplain. (g) A yard hydrant may not be installed within or on a well.
Section 89. NR 812.08 (3) (a) and (c) are amended to read:
NR 812.08 (3) (a) A potable or nonpotable well may be constructed, reconstructed or replaced in a floodfringe provided that the top of the well is terminated at least 2 feet above the regional flood elevation for the well site. The regional flood elevation is determined by the city, village, or county floodplain zoning ordinance.
(c) A new well may not be constructed onin a floodway property that is either undeveloped or has building structures but no existing wellunless allowed by s. NR 116.12 (1) (f) and city, village, or county ordinance. Section 90. NR 812.08 (3) (d) is repealed.
Section 91. NR 812.08 (4) and Table A are repealed and recreated to read:
MINIMUM SEPARATION DISTANCE REQUIREMENTS BETWEEN POTABLE OR NONPOTABLE WELLS, RESERVOIRS, SPRINGS AND POSSIBLE CONTAMINANT SOURCES |
Animal Barn or Animal Barn Pen (measured to the nearest outside edge of the building or structure) | 50 |
Animal Shelter (not including pet shelter or pet kennel housing 5 or fewer pets) | 50 |
Animal Yard—Includes Calf Hutch (not including pet shelter or pet kennel housing 5 or fewer pets) | 50 |
Coal Storage (greater than 500 tons) | 1,200 |
Drain-Sanitary building | 8 |
Drillhole used for the underground placement of any waste, surface water, or any substance as defined in s. 160.01 (8), Stats. | 100 |
Fertilizer or Pesticide Storage Tank (any size, surface or buried) (Nonpotable wells) | 8 |
Fertilizer or Pesticide Storage Tank (any size, surface or buried) (Potable wells) | 100 |
Fuel Oil Tank >1,500 gallons on surface or any size buried (including associated buried piping) | 100 |
Fuel Oil Tank ≤ 1,500 gallons on surface or any size buried if serving single family residence (including associated piping) | 25 |
Fertilizer or Pesticide (Dry) Storage Structure (storing more than 100 pounds in bags or bulk) | 100 |
Gasoline or Other Petroleum or Liquid Product Tank — Buried (Does not apply to separation distance between Liquid Propane tanks and wells serving single family residence) (Including any associated piping) | 100 |
Gasoline or Other Petroleum or Liquid Product Tank — Surface (< 1,500 gallons, including any associated buried piping | 25 |
Gasoline or Other Petroleum or Liquid Product Tank — Surface (≥1,500 gallons, including any associated piping) | 100 |
Glass Lined Feed Storage Facility (harvester-type silos) | 50 |
Grease Interceptor (buried trap) | 25 |
Heat Exchange Drillhole | 10 |
Hazardous Waste Treatment Facility regulated by the department | 1,200 |
Landfill (active, proposed or closed) (distance is measured to nearest fill area of closed landfill, if known; otherwise the distance is measured to the property line) | 1,200 |
Lift Station (does not apply to residential lift stations, see Sanitary Building Sewer) | 100 |
Liquid Propane (L.P.) gas tank (buried) and associated buried gas lines serving a single family residence | 8 |
Liquid Waste Disposal System | 250 |
Manure Hopper or Reception Tank—Liquid-Tight ¹ | 50 |
Manure Stack-Temporary | 150 |
Manure Storage Structure - earthen, excavated or non-liquid tight | 250 |
Manure Storage Structure - fabricated, liquid-tight | 100 |
Materials recovery facility that requires self-certification under NR 500 series | 100 |
Milk house drain outlet | 50 |
Pet Waste Pit Disposal Unit | 50 |
Pet animal shelter or kennel housing not more than 5 pets | 8 |
Pet animal shelter or kennel housing more than 5 pets | 50 |
Pit or alcove—Noncomplying | 8 |
POWTS holding component (also known as a Holding Tank (Wastewater)) | 25 |
POWTS treatment component (Includes septic tanks, aerobic treatment units or filters) | 25 |
POWTS dispersal component (also known as Soil Absorption Unit or Mound) < 12,000 gal/day (except for school wells) ² | 50 |
POWTS dispersal component (also known as Soil Absorption Unit or Mound) < 12,000 gal/day (school wells) ² | 200 |
POWTS dispersal component (also known as Soil Absorption Unit or Mound) ≥ 12,000 gal/day ² | 250 |
Privy – pit privy (not watertight) | 50 |
Privy – vault privy (watertight) | 25 |
Salt or Deicing Material Storage Area, iIncluding structure and area surrounding where material is transferred to vehicles⁴ | 250 |
Salvage yard or junkyard | 250 |
Scrap Metal Processing Facility | 100 |
—Manure Sewer (> 6 inches in diameter) | 50 |
—Sanitary Building Sewer | 8 |
—Sanitary Collector Sewer | 25 |
Shoreline—Lake or Pond (measured to the regional high-water elevation), River or Stream (measured to the edge of the floodway)5 | 25 |
Silage Storage, Earthen Trench or Pit | 250 |
Silage Storage Structure (Fabricated liquid-tight) (In-ground or surface) | 100 |
Silage Storage—Surface, Uncovered | 100 |
Silage Storage in a Transfer Tube (Plastic) | 50 |
Silo (Not including dry grain storage structures) | 50 |
Single application landspreading of petroleum-contaminated soil | 250 |
Sludge Drying Bed, Liquid-tight | 100 |
Sludge Drying Bed, Not Liquid-tight | 250 |
Solid waste processing facility (including incinerators, air curtain destructors, woodburning facilities, composting facilities, and municipal solid waste combustors), solid waste storage facility or solid waste transfer facility that requires a license or approval under NR 500 series | 250 |
Stormwater Detention Basin (measured to the edge) | 25 |
Stormwater Infiltration basin or system, single- or two-family residential location, includes rain gardens, infiltration trenches and similar structures | 8 |
Stormwater Infiltration basin or system, commercial, multifamily residential (> 2 family units) or industrial | 100 |
Sump—Wastewater (watertight) | 8 |
Sump—Wastewater (not watertight) | 25 |
Swimming Pool (above or below ground) (measured from edge of water) | 8 |
Vegetated Treatment Area (previously known as a filter strip) | 50 |
Wastewater Treatment Plant Effluent Pipe | 50 |
Wastewater Treatment Plant Structure, Conveyance or Treatment Unit | 100 |
1) Separation distances to manure and manure containment structures are also defined in Natural Resource Conservation (NRCS) technical standards and chs. NR 151, 243 and 812. The separation distances in each may be different. When installing a well on a farm, especially an AFO (animal feeding operation) consult with the owner, the technical standards, and all applicable administrative code to identify other well separation distances that may exist. 2) The separation distance from a POWTS dispersal component does not apply if the component has been abandoned in accordance with s. SPS 383.33. 3) See s. NR 812.12 (4) for well construction requirements for wells to be constructed within 500 feet of a quarry. 4) This category includes sand and salt mixtures if salt content of mixture is 5% or more.
5) The separation distance requirements for pond shorelines do not apply to synthetically lined decorative yard ponds located on residential lots.
Section 92. NR 812.09 (1), (2), (3), and (4) (intro.), (a), and 1., 2., 4., and 5. are amended to read:
NR 812.09 Department approvals. (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 an immediate response, in which case an approval may be requested verbally and an advanceda verbal approval may be granted by the department andto be followed up with a written confirmation.
(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 of both the owner and operator, if applicable, and any other information requested by the department. The department may request, but is not limited to, including 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.
(3) Plans and specification preparation. Plans and specifications for a school water system or wastewater treatment plant water system shall be submitted by a registered professional engineer or licensed water well driller for wells, and by a registered professional engineer or licensed 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 section has not commenced within 2 years of approval date, the approval is void.
(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 and other activities requiring approval by this subsection or water systems approved by variance. Approval by the department does not relieve any person of any liability which that 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 all of the following:
(a) The construction, reconstruction, or operation of a high capacity well or high capacity well system, including dewatering wells, school wells, and wastewater treatment plant wells, except those actions specified in s. 281.34 (2g), Stats. An application for a high capacity well or high capacity 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. A high capacity well or high capacity well system approval is subject to all of the following: 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 calculated drawdown, using estimated values for aquifer characteristics result in 10 or more feet of water level drawdown in the public utility well, results in a reduction of 10% or greater in the public water utility’s saturated thickness 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, water quality, 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. 2. When an owner or operator relinquishes control of the operation of transfers the land on which a high capacity well or high capacity 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 continuedis located, the owner shall provide notice to the department as specified in s. 281.34 (2g) (c), Stats. 4. Emergency approval for a high capacity well or high capacity well system may be granted when fire hazard, imminent crop damage or other similar emergency requires expedited approval, if the owner submits the request in writing with a justification of the emergency, and if the department determines that the high capacity well or high capacity well system proposed will not adversely affect or reduce the availability of water to a public utility, as defined in s. 196.01meets the requirements of s. 281.34 (5), Stats. 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 high capacity well system is feasible. The well casing pipe for such test drillholes shall not exceed 6-inch inches in diameter unless the well driller notifies the department. High capacity test drillholes may not be converted to permanent high capacity wells unless approved by the department prior to construction. High capacity test drillholes may be test pumped at a rate of 70 gallons per minute or more without department notification or approval under this section 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, within 90 days following approval, to a high capacity well, heat exchange drillhole, or high capacity well system which that meets the requirements of this chapter or ch. NR 811 and of any approved plans and specifications within 90 days. Section 93. NR 812.09 (4) (a) 6. is created to read:
NR 812.09 (4) (a) 6. The department may allow a high capacity well with a pumping capacity less than 70 gallons per minute to be constructed and to be installed with a pump according to low capacity standards if aquifer characteristics warrant less stringent construction requirements.
Section 94. NR 812.09 (4) (b) and (d) are amended to read:
NR 812.09 (4) (b) The construction, or reconstruction or operation of a low capacity school well or low capacity wastewater treatment plant well or water system.
(d) A variance under s. NR 812.43 from any provision of this chapter. Section 95. NR 812.09 (4) (e) is repealed.
Section 96. NR 812.09 (4) (f) and (Note) are amended to read:
NR 812.09 (4) (f) The construction or reconstruction of a well located in designated special well casing pipe depth areas.
Note: A list of theseestablished special well casing pipe depth areas is available fromon the department department’s website at dnr.wi.gov.
Section 97. NR 812.09 (4) (g), (h) (k), (L) (n), (o), (r), and (t) are repealed.
Section 98. NR 812.09 (4) (u) is created to read:
NR 812.09 (4) (u) The reconstruction of a well that does not comply with the location requirements of s. NR 812.08 or the construction requirements of subch. II, except those actions specified in s. 281.34 (2g), Stats. Section 99. NR 812.09 (4) (v) is amended to read:
NR 812.09 (4) (v) The use of a nonpressure storage vessel other than a surge tank as part of a potable water supply.
Section 100. NR 812.09 (4) (w) is repealed and recreated to read:
NR 812.09 (4) (w) The construction, reconstruction, or replacement of a well or heat exchange drillhole on a property identified by the department as having residual contamination and continuing obligations under s. 292.12, Stats., except those actions specified in s. 281.34 (2g), Stats. Note: Properties that are identified by the department as having residual contamination and continuing obligations can be found by searching the Wisconsin Remediation and Redevelopment Database which is available on the department’s website at dnr.wi.gov, search “WRRD.”
Section 101. NR 812.09 (4) (z) (Note 1) and (Note 2) are repealed.
Section 102. NR 812.09 (4g) and (4r) are created to read:
NR 812.09 (4g) Advance notification. The property owner or authorized agent shall notify the department at least one working day prior to starting construction under any approval issued under this section. Notification shall be made in a manner specified by the department in the approval.
(4r) Approval expiration. If an approval is issued under this section, but construction or installation for which the approval was required has not commenced within 2 years of the approval date, the approval is void.
Section 103. NR 812.09 (5) is amended to read:
NR 812.09 (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, and shall have a copy of the approval available on-site during construction or installation. When necessary and appropriate the department may grantgrants a verbal approval to a, the well or heat exchange driller, pump installer or contractor tomay initiate an activity before obtaining a written copy of the approvalconfirmation, provided that person complies with the conditions of the approval are complied with. Section 104. NR 812.09 (7) and (8) are created to read:
NR 812.09 (7) Approval modification. If circumstances require modification of the original proposed project after the department grants an approval under this section, including modified location, drilling method, drilling depth, change in well casing depth, or number of heat exchange drillholes, the property owner or authorized agent shall obtain written approval of the modified plans from the department prior to starting construction.
(8) Denial of operation. The department may deny or rescind approval for operation of an existing well requiring approval under sub. (4) if the well does not meet the construction requirements of subch. II.
Section 105. NR 812.091 is created to read:
