2005 Wisconsin Act 360

(b) Exception. Paragraph (a) does not apply to an individual performing well drilling of a public well for a local governmental unit if the individual applies for registration under sub. (3g) no later than 14 days after the day on which the individual begins to perform the well drilling.

360,21 Section 21. 280.15 (4) of the statutes is amended to read:

280.15 (4) Work on own real estate. No person is required to obtain a permit registration or license under this section for driving, digging or otherwise obtaining groundwater supply on real estate owned or leased by that person, but the well and the work done thereon on the well shall comply and be in conformity with the law and the rules promulgated by the department.

360,22 Section 22. 280.16 (2) of the statutes is renumbered 280.16 (2) (intro.) and amended to read:

280.16 (2) (intro.) No person may install a pitless adapter that extends into the inside of a well casing pipe except if the sand screen is permanently attached to the bottom of a well casing pipe that is constructed of polyvinyl chloride. Only individuals registered under s. 280.15 the following may install pitless adapters.:

360,23 Section 23. 280.16 (2) (a), (b) and (c) of the statutes are created to read:

280.16 (2) (a) A licensed pump installer.

(b) An employee of a licensed pump installer or a registered pump installing business.

(c) A welder under contract with a licensed pump installer or registered pump installing business.

360,24 Section 24. 280.19 of the statutes is amended to read:

280.19 Registration exceptions. No registration or permit license to engage in the well drilling or pump installing industry shall be is required by of competent sanitary engineers or by of superintendents of waterworks systems in the preparations of plans and specifications or in supervising the installation of wells and water systems for the obtaining of supplies of groundwater, but all such the plans and specifications shall conform to all requirements established by the department.

360,25 Section 25. 280.30 of the statutes is created to read:

280.30 Well abandonment and property transfer inspections. (1) Definition. Notwithstanding s. 280.01 (6), in this section, "water supply well" means an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.

(2) Abandonment. An individual may not fill or seal a water supply well unless one of the following applies:

(a) The individual is a licensed well driller or licensed pump installer.

(b) The individual is under the supervision of a licensed well driller or licensed pump installer or the individual is under the supervision of a water system operator certified under s. 281.17 (3) and the well is within the service area of the local governmental water system for which the certified operator works. The licensed or certified individual is not required to be present during the filling or sealing.

(c) The individual is a water system operator certified under s. 281.17 (3) and the well is within the service area of the local governmental water system for which the individual works.

(3) Property transfer well inspections. (a) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems on the real property unless the individual is a licensed well driller or a licensed pump installer.

(b) The department shall promulgate rules for inspections and evaluations described in par. (a).

360,26 Section 26. 280.97 of the statutes is amended to read:

280.97 Penalties. Any person, firm, or corporation who engages in or follows the business or occupation of, or advertises or holds himself, herself or itself out as or acts temporarily or otherwise as a well driller or pump installer without having first secured the required permit or certificate of registration or renewal thereof, or Except as provided in s. 280.98 (3), any person who otherwise violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not more than 30 days, or both. Each day during which a violation continues shall constitute constitutes a separate and distinct offense, and that may be punished separately.

360,27 Section 27. 280.98 of the statutes is created to read:

280.98 Citations. (1) Except as provided in sub. (5), the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture as specified in sub. (3) from a person who commits a violation specified under sub. (2).

(2) The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or drill hole abandonment to which sub. (1) applies.

(3) A person who commits a violation specified under sub. (2) shall, if the department issues a citation under sub. (1), be required to forfeit $500 for a first violation and $1,000 for a 2nd or subsequent violation of the same provision.

(4) The department shall promulgate rules that specify an enforcement process that the department must follow before issuing a citation under sub. (1). The department shall include in the enforcement process under this subsection an enforcement conference with the person against whom enforcement is contemplated.

(5) Subsection (1) does not apply to a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

360,28 Section 28. 299.07 (1) (a) 1. of the statutes is amended to read:

299.07 (1) (a) 1. A registration or license under s. 280.15.

360,29 Section 29. 299.08 (1) (a) 1. of the statutes is amended to read:

299.08 (1) (a) 1. A registration or license under s. 280.15.

360,30 Section 30. 443.14 (12m) of the statutes is amended to read:

443.14 (12m) A well driller, as defined in s. 280.01 (7), who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8).

360,31 Section 31. 470.025 (9) of the statutes is amended to read:

470.025 (9) A well driller, as defined in s. 280.01 (7), who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8).

360,32 Section 32 . Nonstatutory provisions.

(1) The department of natural resources shall issue a well driller license to each individual registered as a well driller under section 280.15 (1), 2003 stats., on the effective date of this subsection without requiring the individual to comply with section 280.15 (2m) (f) of the statutes, as created by this act. The department of natural resources shall issue a pump installer license to each individual registered as a pump installer under section 280.15 (1), 2003 stats., on the effective date of this subsection, without requiring the individual to comply with section 280.15 (2m) (e) of the statutes, as created by this act.

360,33 Section 33. Effective dates. This act takes effect on the first day of the 25th month beginning after publication, except as follows:

(1). The treatment of section 280.15 (3g) and (3r) of the statutes takes effect on the first day of the 7th month beginning after publication.

(2) Section 32 (1 ) of this act takes effect on the first day of the 19th month beginning after publication.