SS 056-22

Policy alternatives:

There are two policy alternatives. The first alternative is to issue variances every time a well needs to be grouted or filled and sealed with cement or a cement mix. This alternative is not feasible for staff, as there would be thousands of variances each year to review and approve. Last year, there were over 10,000 wells drilled in the state and over 4,000 of them were grouted using cement. The second alternative is to use the department’s enforcement discretion to allow the use of a non-complying Portland cement as it is the only available material for use. This alternative is not sustainable long-term as enforcement discretion is meant to be used on a case-by-case basis when there is no risk to health or the environment from not meeting the code requirements. While there is no immediate risk to health or the environment from using Type IL cement, the integrity of the code is diminished when it is not possible to meet the requirements and is not enforced.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

The department has authority under s. 280.11(1), Wis. Stats., to promulgate rules and regulations for methods of obtaining drinking water for human consumption and establish safeguards necessary to protect public health against the hazards of polluted sources of impure water supplies intended or used for human consumption, including minimum reasonable standards for the construction of well pits. This also includes methods for the construction or reconstruction of wells.

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

The estimated staff time needed to develop the emergency and permanent rules is approximately 150-200 hours. This includes staff time needed to address the full public input process, develop the economic impact analysis, conduct outreach to stakeholders, and coordinate agency reviews for the permanent rules.

6. List with description of all entities that may be affected by the proposed rule:

The proposed rules would apply to all entities involved with the construction and sealing of water wells, heat exchange drillholes and other drillholes that require sealing under ch. NR 812, Wis. Adm. Code.

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:

There is no existing or proposed federal regulation that governs the construction of wells or drillholes.

8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):

Since the rule is intended to maintain the current supply of materials, there is no anticipated economic impact of the emergency and permanent rules. The rules will prevent a disruption to small businesses by allowing them to use materials that are readily available for a similar cost to the previously available materials.

9. Anticipated number, month and locations of public hearings:

The department anticipates holding a public hearing for the emergency and permanent rules in February 2023, or earlier if possible. The hearing will be conducted in Madison with opportunities for stakeholders around the state to connect to the Madison hearing via teleconference or video conference, and will allow for hearing comments to be submitted in writing.

Contact Person: Marty Nessman, Private Water Supply Section Chief, Bureau of Drinking Water and Groundwater; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-574-2592; E-mail: [e-mail]