SB244: Bill Text

SB244,18,24 (15) "Well" means a drill hole constructed by drilling, digging, boring, driving, or other method for the purpose of withdrawing, monitoring, or gaining access to groundwater.

SB244,19,3 (16) "Well drilling" means constructing or reconstructing a well, by any means such as digging, boring, drilling, or jetting, except well point driving, and includes hydrofracturing and the installation of well casings.

SB244,19,7 (17) "Well point driving" means joining a drive point, with a diameter of not more than 3 inches, with lengths of pipe and driving or jetting the assembly into the ground more than 10 feet below the ground surface with either motor or manually driven percussion equipment.

SB244,19,13 280.03 Powers of the department. The department has general supervision and control over all drill holes, water systems, methods of withdrawing groundwater, and methods of providing and ensuring the sanitary provision of water for all purposes. In connection with this authority, the department may do any act necessary to safeguard the public health and to protect the groundwater and surface water, including any of the following:

SB244,19,16 (1) Establish and administer a safe drinking water program that is no less stringent than the requirements of the federal Safe Drinking Water Act, 42 USC 300f to 300j-26.

SB244,19,18 (3) Cooperate with the division of emergency management under s. 166.03 in preparing plans or providing safe drinking water under emergency conditions.

SB244,19,21 (4) Enter into agreements, contracts, or cooperative arrangements with other persons to administer this chapter, except for enforcement of provisions related to s. 280.24.

SB244,19,23 (5) Conduct investigations, experiments, research, and training related to the administration of this chapter.

SB244,20,2 (6) Upon request and without charge to the requester, consult with and advise any person who has installed or may install a water system about water sources, protective measures, construction and operation of the water system, and the current and future needs of all persons who may be affected by the installation.

SB244,20,4 (7) Maintain laboratory facilities or contract for the provision of laboratory services to test for contaminants.

SB244,20,9 (8) Require the owner or operator of a public water system, in accordance with department rules governing frequency, form, and content, to provide public notice if the public water system fails to comply with any drinking water standard or other rule promulgated by the department or is the subject of a health advisory issued by the department.

SB244,20,13 (9) Prepare and have printed any documents related to drill holes and drinking water that are necessary for the safety and health of the public and persons engaged in constructing drill holes, and furnish copies of the documents to the public upon request.

SB244,20,15 (10) Take any other action determined to be reasonably necessary to safeguard public health, safety, or welfare.

SB244,20,21 280.04 Duty of the department. The department shall employ competent personnel to administer this chapter. The department may not authorize an employee of the department to conduct site evaluations or inspections or to grant variances with respect to a license category under s. 280.24 (1) unless the employee has passed the examination under s. 280.24 (4) for that license category and complies with the continuing education requirement under s. 280.24 (12) (b).

SB244,20,24 280.05 Rule-making authority. (1) Authorization. In addition to other rule making authorized under this chapter and under s. 227.11 (2), the department may promulgate rules relating to all of the following:

SB244,21,2 (a) The design, construction, modification, operation, and maintenance of water systems.

SB244,21,3 (b) The construction and reconstruction of wells and other drill holes.

SB244,21,5 (c) Well construction requirements for areas of this state with special water protection problems.

SB244,21,8 (d) The location of wells and other drill holes in relation to existing or proposed potential sources of contamination and the location of potential contamination sources in relation to existing or proposed wells and other drill holes.

SB244,21,13 (f) Drinking water standards for public water systems including maximum contaminant level goals, primary and secondary maximum contaminant levels, and monitoring requirements and including procedures and standards for granting variances from or exceptions to the drinking water standards in accordance with 42 USC 300g-4 and 300g-5.

SB244,21,15 (g) Water treatment techniques and action levels used to determine treatment requirements for specified contaminants.

SB244,21,17 (h) Record-keeping and reporting requirements for persons regulated under this chapter.

SB244,21,19 (i) Water sampling and monitoring requirements, including methods, frequency, handling of samples, types of analyses, and format of reports.

SB244,21,23 (j) The establishment of application, licensing, certification, registration, or examination fees to cover the cost of administering activities under this chapter. All moneys received under rules promulgated under this paragraph shall be credited to the appropriation account under s. 20.370 (4) (ai).

SB244,21,25 (k) Standards to ensure that any well or other drill hole does not act as a conduit for groundwater contamination.

SB244,22,8 (2) Requirement. After consulting with the council, the department shall promulgate, by rule, requirements for filling and sealing wells and other drill holes that are unused or contaminated, that do not comply with the requirements of this chapter and rules promulgated under this chapter, or that are a threat to safety or groundwater quality. The department shall promulgate requirements that ensure that the entire constructed diameter of the well or other drill hole is sealed in a way that prevents the well or other drill hole from serving as a conduit for contamination to reach the groundwater.

SB244,22,10 280.06 Council on wells and drill holes. The council shall do all of the following:

SB244,22,12 (1) Advise the department concerning the approval of products to be used in the construction, repair, and abandonment of wells and other drill holes.

SB244,22,14 (2) Advise the department concerning the interpretation and administration of this chapter.

SB244,22,17 280.07 Underground discharge. (1) Notwithstanding s. 280.01 (4), in this section, "drill hole" means any excavation or opening into the ground that is deeper than it is wide without regard to the depth of the excavation or opening.

SB244,22,20 (2) Except as authorized under sub. (3), no person may discharge any substance, as defined in s. 160.01 (8), into any well, other drill hole, open sinkhole, or mine shaft.

SB244,23,2 (3) The department may promulgate rules authorizing the underground discharge of a substance, as defined in s. 160.01 (8). The rules may authorize the underground discharge of a substance only if the department determines that the discharge will not adversely affect public health, safety, or welfare or the waters of the state. Any authorized underground discharge shall comply with chs. 160 and 281 to 299.

SB244,23,5 Subchapter II Regulation of water withdrawals and water systems

SB244,23,18 280.10 Water systems; approval required. (1) Submission of application; exemptions. (a) Any person who intends to construct, install, modify, or operate a community water system or any other water system identified by the department by rule as requiring approval shall, before beginning the proposed construction, installation, modification, or operation, apply to the department for approval. An applicant shall include in the application plans and specifications in the scope and detail required by the department and any other information concerning maintenance and operation that the department requires. An applicant shall comply with s. 281.35 (4), if applicable. A person may not begin construction without the approval of the department. A person may not make changes in approved construction or materials without submitting a written request for approval of the changes, including a statement of the reasons for the changes, and obtaining the written approval of the department.

SB244,23,21 (b) The department may promulgate rules creating exemptions from the requirements of par. (a), except that the department may not exempt any person from the requirements of s. 281.35.

SB244,24,2 (2) Department procedure. (a) Upon receipt of a complete application under sub. (1) (a), the department shall notify the applicant of the date of receipt, except that the department may by rule exempt specified types of applications from this requirement. If the department receives an incomplete application, it shall notify the applicant of the information needed to complete the application and may return the application to the applicant for completion.

SB244,24,6 (b) Within 90 days after the date of receipt of a complete application, the department shall examine the application and notify the applicant in writing whether the application is approved, conditionally approved, or denied. The notice shall state any conditions of approval or the reason for denial.

SB244,24,8 (c) The period specified in par. (b) does not apply if any of the following conditions is met:

SB244,24,9 1. The department is unable to comply with s. 1.11 within 90 days.

SB244,24,11 2. The department is unable to complete its review of the application within 90 days because of circumstances beyond its control.

SB244,24,12 3. The proposed construction or modification will cost $350,000 or more.

SB244,24,16 (d) The department's failure to comply with par. (b) constitutes approval of the application, unless par. (c) applies. If an application is approved under this paragraph, the department, upon request, shall issue a written approval to the applicant.

SB244,24,18 (e) If s. 281.35 applies to the application, s. 281.35 (5) and (6) supersede any inconsistent provision of this subsection.

SB244,24,22 (3) Reporting required. The department may require a person issued an approval under this section to report the volume and rate of withdrawal, as defined in s. 281.35 (1) (m), and volume and rate of water loss, as defined in s. 281.35 (1) (L), of the water system, if any, in the form and at the times specified by the department.

SB244,25,2 (4) Prohibition. No well driller, pump installer, or other person may construct, modify, or begin operation of a water system requiring approval under this section unless the water system is constructed or modified in accordance with the requirements of the department's approval and any conditions on that approval.

SB244,25,3 280.15 Report on aquifer recovery system. (1) In this section:

SB244,25,5 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).

SB244,25,6 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).

SB244,25,11 (2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.

SB244,25,17 280.16 Prohibited practices. (1) No person may use any chemical, paint, coating, or other material that may come into contact with water in the construction, reconstruction, operation, or abandonment of a community water system or in any conditioning, treatment, or rehabilitation process in a community water system unless the material and method of use have been approved by the department. The department may provide that approval by rule.

SB244,25,19 (3) No person may introduce any fertilizer, pesticide, or other substance into a water system except under conditions specified by the department by rule.

SB244,25,22 (5) (a) No person may use any pipe, solder, or flux in the installation or repair of any water system unless the pipe, solder, or flux is lead free, as defined in 42 USC 300g-6 (d).

SB244,25,24 (b) Paragraph (a) does not apply to leaded joints necessary for the repair of cast-iron pipes.

SB244,26,4 (6) No person may introduce, attempt to introduce, or threaten to introduce a contaminant into a public water system or private water system or otherwise interfere with the operation of a public water system or private water system with the intention of harming another.

SB244,26,7 280.18 Prohibition on use of certain devices in wells. (1) In this section, "pitless adapter" means a device that attaches a well casing pipe to an underground pipe that conveys water from a well.

SB244,26,12 (2) No person may install a pitless adapter that extends into the inside of a well casing pipe unless the sand screen is permanently attached to the bottom of a well casing pipe that is constructed of polyvinyl chloride. Only a licensed pump installer or a registered pump installer helper working under the supervision of a licensed pump installer may install a pitless adapter.

SB244,26,15 Subchapter III Certification, REGISTRATION, and licensing; supervision

SB244,26,19 280.20 Certification of water system operators. (1) Employment of certified operator required. The owner of any community water system or nontransient noncommunity water system shall be, or shall employ, a certified operator who shall have direct responsibility for the operation of the water system.

SB244,27,4 (2) Examination. The department shall by rule provide for an examination to determine competence to operate a community water system or nontransient noncommunity water system and shall certify applicants based on the results of the examination. The department shall include in the examination questions designed to determine an applicant's knowledge of the statutes and rules applicable to community water systems or nontransient noncommunity water systems and the applicant's related experience. In the rule, the department may provide for different examinations for various categories of certified operators according to the skill, knowledge, and ability needed to operate various types of community water systems or nontransient noncommunity water systems.

SB244,27,8 (3) Continuing education. The department may promulgate rules establishing continuing education requirements for certified operators. The department may, as provided under s. 280.28, refuse to renew the certification of an individual who fails to comply with any requirements under this subsection.

SB244,27,11 (4) Fee. The department may charge an applicant for certification a fee designed to cover the cost of administering this section. All moneys received under this subsection shall be credited to the appropriation account under s. 20.370 (4) (ai).

SB244,27,14 280.24 Licensing and supervision; registration. (1) Types and categories of licenses and registration. (a) The department shall issue the following types of licenses:

SB244,27,15 1. Well driller.

SB244,27,16 2. Well point driver.

SB244,27,17 3. Pump installer.

SB244,27,18 3m. Environmental well driller.

SB244,27,19 4. a. Restricted drill hole constructor-geothermal well constructor.

SB244,27,20 b. Restricted drill hole constructor-dewatering well constructor.

SB244,27,21 c. Restricted drill hole constructor-elevator shaft constructor.

SB244,27,22 5. Water system inspector.

SB244,28,2 (b) The department may, after consulting with the council, promulgate rules establishing additional categories of licenses under par. (a) 4. and may place conditions on licenses according to the skill, knowledge, and ability needed to perform the activities for which the licenses are issued.

SB244,28,4 (c) The department shall register drilling rig operators and pump installer helpers.

SB244,28,11 (2) Licensing or supervision required; registration required. (a) 1. Except as provided under sub. (3), no individual may perform well drilling of a well constructed to obtain potable water or represent that he or she is able to perform well drilling of a well constructed to obtain potable water unless he or she holds a well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds a well driller license under this section.

SB244,28,19 2. To provide immediate supervision for well drilling of a well constructed to obtain potable water, an individual holding a well driller license shall direct and inspect the well drilling and shall be on the site of the well drilling for a reasonable period at least once during the well siting, the well drilling, or the finishing operations. When not on the site, the individual holding the well driller license shall be readily available for consultation with, and direction of the activities of, the individuals who do not hold a well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,28,25 (b) 1. Except as provided under sub. (3), beginning on January 1, 2006, no individual may perform well point driving or represent that he or she is able to perform well point driving unless he or she holds a well point driver license or a well driller license under this section or is under the immediate supervision of an individual who holds a well point driver license or a well driller license under this section.

SB244,29,3 2. To provide immediate supervision for well point driving, an individual holding a well driller or well point driver license shall be on the site during the well point driving.

SB244,29,8 (c) 1. Except as provided under sub. (3), no individual may perform pump installing or represent that he or she is able to perform pump installing unless he or she holds a pump installer license under this section or is registered with the department as a pump installer helper and is under the immediate supervision of an individual who holds a pump installer license under this section.

SB244,29,13 2. To provide immediate supervision for pump installing, an individual holding a pump installer license shall either be on the site of the pump installing or be readily available for consultation with, and direction of the activities of, the registered pump installer helper and any other individuals involved with the pump installing. Availability by telephone satisfies the requirement to be readily available.

SB244,29,19 (cm) 1. Except as provided under sub. (3), no person may perform well drilling of an environmental well or represent that he or she is able to perform well drilling of an environmental well unless he or she holds an environmental well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds an environmental well driller license under this section.

SB244,29,24 2. To provide immediate supervision for well drilling of an environmental well, an individual holding an environmental well driller license shall either be on the site during the well drilling or be readily available for consultation with, and direction of the activities of, the individuals who do not hold an environmental well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,30,10 (d) 1. Except as provided under sub. (3), beginning on January 1, 2006, no individual may construct a type of drill hole other than a well constructed to obtain potable water or an environmental well or represent that he or she is able to construct a type of drill hole other than a well constructed to obtain potable water or an environmental well unless he or she holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license under this section or is registered as a drilling rig operator and is under the immediate supervision of an individual who holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license under this section.

SB244,30,19 2. To provide immediate supervision for constructing a drill hole other than a well constructed to obtain potable water or an environmental well, an individual holding a restricted drill hole constructor license or well driller license shall be on the site of the drill hole construction at least once during the siting, drilling, or finishing of the drill hole. When not on the site, the individual holding the restricted drill hole constructor license or well driller license shall be readily available for consultation with, and direction of the activities of, the individuals who do not hold a restricted drill hole constructor license or well driller license. Availability by telephone satisfies the requirement to be readily available.

SB244,30,24 (e) 1. No individual, other than an individual holding a well driller license, may operate a drilling rig for the construction of a well constructed to obtain potable water unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (a) 2., of an individual who holds a well driller license.

SB244,31,5 1m. No individual, other than an individual holding an environmental well driller license, may operate a drilling rig for the construction of an environmental well unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (cm) 2., of an individual who holds an environmental well driller license.

SB244,31,12 2. No individual, other than an individual holding a restricted drill hole constructor license or a well driller license, may operate a drilling rig for the construction of a type of drill hole other than a well constructed to obtain potable water or an environmental well unless he or she is registered with the department as a drilling rig operator and is under the immediate supervision, as provided in par. (d) 2., of an individual who holds a restricted drill hole constructor license that authorizes construction of that type of drill hole or a well driller license.

SB244,31,15 (f) Except as provided under sub. (3), no individual, other than an individual holding a well driller license, may inspect a water system unless he or she holds a water system inspector license.

SB244,31,19 (3) Exceptions. (a) The department may, upon application, grant a temporary exemption from any requirement under this section for a specific period or for a specific job if the department finds that an emergency requires the work to be performed by an unlicensed individual or without the required supervision.

SB244,31,22 (b) An individual licensed as a well driller may install a pump solely for initial sampling of water quality and for test pumping and development of a well without obtaining a pump installer license.

SB244,32,3 (c) Subsection (2) (b) does not apply to an individual who constructs a driven-point well serving only a single-family residence on property owned and occupied by the individual and sub. (2) (c) does not apply if that individual installs a pump in the driven-point well. This paragraph does not exempt the individual from any other statute or rule governing the construction of a driven-point well or the installation of a pump.