SB244,22,20 18(2) Except as authorized under sub. (3), no person may discharge any
19substance, as defined in s. 160.01 (8), into any well, other drill hole, open sinkhole,
20or mine shaft.
SB244,23,2 21(3) The department may promulgate rules authorizing the underground
22discharge of a substance, as defined in s. 160.01 (8). The rules may authorize the
23underground discharge of a substance only if the department determines that the
24discharge will not adversely affect public health, safety, or welfare or the waters of

1the state. Any authorized underground discharge shall comply with chs. 160 and 281
2to 299.
SB244,23,53 Subchapter II
4 Regulation of water withdrawals
5 and water systems
SB244,23,18 6280.10 Water systems; approval required. (1) Submission of application;
7exemptions.
(a) Any person who intends to construct, install, modify, or operate a
8community water system or any other water system identified by the department by
9rule as requiring approval shall, before beginning the proposed construction,
10installation, modification, or operation, apply to the department for approval. An
11applicant shall include in the application plans and specifications in the scope and
12detail required by the department and any other information concerning
13maintenance and operation that the department requires. An applicant shall comply
14with s. 281.35 (4), if applicable. A person may not begin construction without the
15approval of the department. A person may not make changes in approved
16construction or materials without submitting a written request for approval of the
17changes, including a statement of the reasons for the changes, and obtaining the
18written approval of the department.
SB244,23,2119 (b) The department may promulgate rules creating exemptions from the
20requirements of par. (a), except that the department may not exempt any person from
21the requirements of s. 281.35.
SB244,24,2 22(2) Department procedure. (a) Upon receipt of a complete application under
23sub. (1) (a), the department shall notify the applicant of the date of receipt, except
24that the department may by rule exempt specified types of applications from this
25requirement. If the department receives an incomplete application, it shall notify

1the applicant of the information needed to complete the application and may return
2the application to the applicant for completion.
SB244,24,63 (b) Within 90 days after the date of receipt of a complete application, the
4department shall examine the application and notify the applicant in writing
5whether the application is approved, conditionally approved, or denied. The notice
6shall state any conditions of approval or the reason for denial.
SB244,24,87 (c) The period specified in par. (b) does not apply if any of the following
8conditions is met:
SB244,24,99 1. The department is unable to comply with s. 1.11 within 90 days.
SB244,24,1110 2. The department is unable to complete its review of the application within 90
11days because of circumstances beyond its control.
SB244,24,1212 3. The proposed construction or modification will cost $350,000 or more.
SB244,24,1613 (d) The department's failure to comply with par. (b) constitutes approval of the
14application, unless par. (c) applies. If an application is approved under this
15paragraph, the department, upon request, shall issue a written approval to the
16applicant.
SB244,24,1817 (e) If s. 281.35 applies to the application, s. 281.35 (5) and (6) supersede any
18inconsistent provision of this subsection.
SB244,24,22 19(3) Reporting required. The department may require a person issued an
20approval under this section to report the volume and rate of withdrawal, as defined
21in s. 281.35 (1) (m), and volume and rate of water loss, as defined in s. 281.35 (1) (L),
22of the water system, if any, in the form and at the times specified by the department.
SB244,25,2 23(4) Prohibition. No well driller, pump installer, or other person may construct,
24modify, or begin operation of a water system requiring approval under this section

1unless the water system is constructed or modified in accordance with the
2requirements of the department's approval and any conditions on that approval.
SB244,25,3 3280.15 Report on aquifer recovery system. (1) In this section:
SB244,25,54 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257
5(1).
SB244,25,66 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).
SB244,25,11 7(2) The operator of a municipal water system that uses an aquifer storage and
8recovery system shall submit a report to the department, no later than the first day
9of the 60th month after beginning to operate the aquifer storage and recovery system,
10describing the experience that the operator has had with using the aquifer storage
11and recovery system.
SB244,25,17 12280.16 Prohibited practices. (1) No person may use any chemical, paint,
13coating, or other material that may come into contact with water in the construction,
14reconstruction, operation, or abandonment of a community water system or in any
15conditioning, treatment, or rehabilitation process in a community water system
16unless the material and method of use have been approved by the department. The
17department may provide that approval by rule.
SB244,25,19 18(3) No person may introduce any fertilizer, pesticide, or other substance into
19a water system except under conditions specified by the department by rule.
SB244,25,22 20(5) (a) No person may use any pipe, solder, or flux in the installation or repair
21of any water system unless the pipe, solder, or flux is lead free, as defined in 42 USC
22300g-6
(d).
SB244,25,2423 (b) Paragraph (a) does not apply to leaded joints necessary for the repair of
24cast-iron pipes.
SB244,26,4
1(6) No person may introduce, attempt to introduce, or threaten to introduce a
2contaminant into a public water system or private water system or otherwise
3interfere with the operation of a public water system or private water system with
4the intention of harming another.
SB244,26,7 5280.18 Prohibition on use of certain devices in wells. (1) In this section,
6"pitless adapter" means a device that attaches a well casing pipe to an underground
7pipe that conveys water from a well.
SB244,26,12 8(2) No person may install a pitless adapter that extends into the inside of a well
9casing pipe unless the sand screen is permanently attached to the bottom of a well
10casing pipe that is constructed of polyvinyl chloride. Only a licensed pump installer
11or a registered pump installer helper working under the supervision of a licensed
12pump installer may install a pitless adapter.
SB244,26,1513 Subchapter III
14 Certification, REGISTRATION, and
15 licensing; supervision
SB244,26,19 16280.20 Certification of water system operators. (1) Employment of
17certified operator required.
The owner of any community water system or
18nontransient noncommunity water system shall be, or shall employ, a certified
19operator who shall have direct responsibility for the operation of the water system.
SB244,27,4 20(2) Examination. The department shall by rule provide for an examination to
21determine competence to operate a community water system or nontransient
22noncommunity water system and shall certify applicants based on the results of the
23examination. The department shall include in the examination questions designed
24to determine an applicant's knowledge of the statutes and rules applicable to
25community water systems or nontransient noncommunity water systems and the

1applicant's related experience. In the rule, the department may provide for different
2examinations for various categories of certified operators according to the skill,
3knowledge, and ability needed to operate various types of community water systems
4or nontransient noncommunity water systems.
SB244,27,8 5(3) Continuing education. The department may promulgate rules
6establishing continuing education requirements for certified operators. The
7department may, as provided under s. 280.28, refuse to renew the certification of an
8individual who fails to comply with any requirements under this subsection.
SB244,27,11 9(4) Fee. The department may charge an applicant for certification a fee
10designed to cover the cost of administering this section. All moneys received under
11this subsection shall be credited to the appropriation account under s. 20.370 (4) (ai).
SB244,27,14 12280.24 Licensing and supervision; registration. (1) Types and categories
13of licenses and registration.
(a) The department shall issue the following types of
14licenses:
SB244,27,1515 1. Well driller.
SB244,27,1616 2. Well point driver.
SB244,27,1717 3. Pump installer.
SB244,27,1818 3m. Environmental well driller.
SB244,27,1919 4. a. Restricted drill hole constructor-geothermal well constructor.
SB244,27,2020 b. Restricted drill hole constructor-dewatering well constructor.
SB244,27,2121 c. Restricted drill hole constructor-elevator shaft constructor.
SB244,27,2222 5. Water system inspector.
SB244,28,223 (b) The department may, after consulting with the council, promulgate rules
24establishing additional categories of licenses under par. (a) 4. and may place

1conditions on licenses according to the skill, knowledge, and ability needed to
2perform the activities for which the licenses are issued.
SB244,28,43 (c) The department shall register drilling rig operators and pump installer
4helpers.
SB244,28,11 5(2) Licensing or supervision required; registration required. (a) 1. Except
6as provided under sub. (3), no individual may perform well drilling of a well
7constructed to obtain potable water or represent that he or she is able to perform well
8drilling of a well constructed to obtain potable water unless he or she holds a well
9driller license under this section or is registered as a drilling rig operator and is under
10the immediate supervision of an individual who holds a well driller license under this
11section.
SB244,28,1912 2. To provide immediate supervision for well drilling of a well constructed to
13obtain potable water, an individual holding a well driller license shall direct and
14inspect the well drilling and shall be on the site of the well drilling for a reasonable
15period at least once during the well siting, the well drilling, or the finishing
16operations. When not on the site, the individual holding the well driller license shall
17be readily available for consultation with, and direction of the activities of, the
18individuals who do not hold a well driller license. Availability by telephone satisfies
19the requirement to be readily available.
SB244,28,2520 (b) 1. Except as provided under sub. (3), beginning on January 1, 2006, no
21individual may perform well point driving or represent that he or she is able to
22perform well point driving unless he or she holds a well point driver license or a well
23driller license under this section or is under the immediate supervision of an
24individual who holds a well point driver license or a well driller license under this
25section.
SB244,29,3
12. To provide immediate supervision for well point driving, an individual
2holding a well driller or well point driver license shall be on the site during the well
3point driving.
SB244,29,84 (c) 1. Except as provided under sub. (3), no individual may perform pump
5installing or represent that he or she is able to perform pump installing unless he or
6she holds a pump installer license under this section or is registered with the
7department as a pump installer helper and is under the immediate supervision of an
8individual who holds a pump installer license under this section.
SB244,29,139 2. To provide immediate supervision for pump installing, an individual holding
10a pump installer license shall either be on the site of the pump installing or be readily
11available for consultation with, and direction of the activities of, the registered pump
12installer helper and any other individuals involved with the pump installing.
13Availability by telephone satisfies the requirement to be readily available.
SB244,29,1914 (cm) 1. Except as provided under sub. (3), no person may perform well drilling
15of an environmental well or represent that he or she is able to perform well drilling
16of an environmental well unless he or she holds an environmental well driller license
17under this section or is registered as a drilling rig operator and is under the
18immediate supervision of an individual who holds an environmental well driller
19license under this section.
SB244,29,2420 2. To provide immediate supervision for well drilling of an environmental well,
21an individual holding an environmental well driller license shall either be on the site
22during the well drilling or be readily available for consultation with, and direction
23of the activities of, the individuals who do not hold an environmental well driller
24license. Availability by telephone satisfies the requirement to be readily available.
SB244,30,10
1(d) 1. Except as provided under sub. (3), beginning on January 1, 2006, no
2individual may construct a type of drill hole other than a well constructed to obtain
3potable water or an environmental well or represent that he or she is able to
4construct a type of drill hole other than a well constructed to obtain potable water
5or an environmental well unless he or she holds a restricted drill hole constructor
6license that authorizes construction of that type of drill hole or a well driller license
7under this section or is registered as a drilling rig operator and is under the
8immediate supervision of an individual who holds a restricted drill hole constructor
9license that authorizes construction of that type of drill hole or a well driller license
10under this section.
SB244,30,1911 2. To provide immediate supervision for constructing a drill hole other than a
12well constructed to obtain potable water or an environmental well, an individual
13holding a restricted drill hole constructor license or well driller license shall be on the
14site of the drill hole construction at least once during the siting, drilling, or finishing
15of the drill hole. When not on the site, the individual holding the restricted drill hole
16constructor license or well driller license shall be readily available for consultation
17with, and direction of the activities of, the individuals who do not hold a restricted
18drill hole constructor license or well driller license. Availability by telephone
19satisfies the requirement to be readily available.
SB244,30,2420 (e) 1. No individual, other than an individual holding a well driller license, may
21operate a drilling rig for the construction of a well constructed to obtain potable water
22unless he or she is registered with the department as a drilling rig operator and is
23under the immediate supervision, as provided in par. (a) 2., of an individual who
24holds a well driller license.
SB244,31,5
11m. No individual, other than an individual holding an environmental well
2driller license, may operate a drilling rig for the construction of an environmental
3well unless he or she is registered with the department as a drilling rig operator and
4is under the immediate supervision, as provided in par. (cm) 2., of an individual who
5holds an environmental well driller license.
SB244,31,126 2. No individual, other than an individual holding a restricted drill hole
7constructor license or a well driller license, may operate a drilling rig for the
8construction of a type of drill hole other than a well constructed to obtain potable
9water or an environmental well unless he or she is registered with the department
10as a drilling rig operator and is under the immediate supervision, as provided in par.
11(d) 2., of an individual who holds a restricted drill hole constructor license that
12authorizes construction of that type of drill hole or a well driller license.
SB244,31,1513 (f) Except as provided under sub. (3), no individual, other than an individual
14holding a well driller license, may inspect a water system unless he or she holds a
15water system inspector license.
SB244,31,19 16(3) Exceptions. (a) The department may, upon application, grant a temporary
17exemption from any requirement under this section for a specific period or for a
18specific job if the department finds that an emergency requires the work to be
19performed by an unlicensed individual or without the required supervision.
SB244,31,2220 (b) An individual licensed as a well driller may install a pump solely for initial
21sampling of water quality and for test pumping and development of a well without
22obtaining a pump installer license.
SB244,32,323 (c) Subsection (2) (b) does not apply to an individual who constructs a
24driven-point well serving only a single-family residence on property owned and
25occupied by the individual and sub. (2) (c) does not apply if that individual installs

1a pump in the driven-point well. This paragraph does not exempt the individual
2from any other statute or rule governing the construction of a driven-point well or
3the installation of a pump.
SB244,32,54 (d) The department may, after consulting with the council, promulgate rules
5establishing exemptions to the requirements of sub. (2).
SB244,32,14 6(4) Examination program. The department shall, after consulting with the
7council, promulgate rules establishing an examination program to determine the
8competence of individuals applying for licenses under this section to perform and
9supervise the activities specified in sub. (2). The department shall ensure that
10examinations reasonably relate to the skills likely to be needed by an applicant to
11perform the activities specified in sub. (2) at the time of application. The department
12shall include, in the examination program, questions designed to determine an
13individual's knowledge of the statutes and rules applicable to the license category
14and the individual's related experience.
SB244,32,17 15(5) Application. (a) An applicant for any license or registration under this
16section shall apply on a form provided by the department. An applicant shall submit
17the application fee specified under sub. (11) (a) with the application.
SB244,32,2518 (b) The department shall examine all license applicants and shall notify each
19applicant within 45 days after the examination whether he or she passed the
20examination. If an applicant who passes an examination and meets all other
21licensing requirements pays the applicable license fee established under sub. (11) (b)
22to the department within one year after the date of the notice under this paragraph,
23the department, except as provided in s. 280.28 (2), shall issue the license. If the
24license fee is not paid within one year, the applicant shall pay another application
25fee and retake the examination.
SB244,33,2
1(c) Each license and registration issued under this section expires on January
215 of the next even-numbered year.
SB244,33,113 (d) To ensure continuous licensure or registration, an individual holding a
4license or registration shall submit a complete application for a license renewal by
5December 15 of each odd-numbered year on a form provided by the department along
6with the fee established under sub. (11) (b). The department shall issue a renewal
7license without requiring the licensee to take an examination if the application is
8received no later than 2 years after the expiration of the last license issued to the
9individual and if the individual attended at least one continuing education program
10conducted or approved under sub. (12) (a) during the year before the application is
11received.
SB244,33,15 12(6) Additional requirements. (a) Except as provided in sub. (9), an applicant
13for drilling rig operator registration shall have at least 1,000 hours of experience in
14the construction of wells or other drill holes and have attended a continuing
15education program under sub. (12) in the year preceding the year of application.
SB244,33,2116 (b) 1. Except as provided in subd. 2. or sub. (9), an applicant for a license under
17sub. (1) (a) 1., 2., 3m., or 4. a., b., or c. shall have at least 1,000 hours of experience
18in each of the 2 years preceding the year of application in the construction of the kinds
19of wells or drill holes authorized to be constructed by the license. The applicant shall
20have been registered as a drilling rig operator and have fulfilled the continuing
21education requirement in sub. (12) in each of those 2 years.
SB244,33,2322 2. The experience requirement in subd. 1. does not apply to an applicant for an
23environmental well driller license who holds a well driller license.
SB244,34,324 (c) Except as provided in sub. (9), an applicant for a pump installer license shall
25have at least 1,000 hours of experience in the installing or servicing of pumps in each

1of the 2 years preceding the year of application. The applicant shall have been
2registered as a pump installer helper and have fulfilled the continuing education
3requirement in sub. (12) in each of those 2 years.
SB244,34,10 4(9) Reciprocity. The department may issue the appropriate license without
5requiring compliance with sub. (6) to an applicant who holds a license for an activity
6under sub. (1) (a) that is issued by another state that, in the determination of the
7department, has laws and regulations governing that activity and licensing that are
8substantially equivalent to this chapter and rules promulgated under this chapter
9and provides comparable reciprocity to persons licensed in this state if all of the
10following apply:
SB244,34,1111 (a) The applicant is in good standing in the other state.
SB244,34,1312 (am) The other state issued the license to the applicant in accordance with its
13laws and regulations and not under reciprocity with a 3rd state.
SB244,34,1514 (b) The applicant has not been convicted of engaging in the activity without a
15license in this state within the preceding 5 years.
SB244,34,1616 (c) The applicant passes the examination.
SB244,34,1717 (d) The applicant pays the application fee and the license fee.
SB244,34,24 18(9m) Requirement of out-of-state licensee. The department may not issue
19a well driller, pump installer, or environmental well driller license to an individual
20who lives outside of this state unless the individual files with the department a bond
21furnished by a surety company licensed to do business in this state or a letter of credit
22in the amount of $10,000. The department may use a bond or letter of credit under
23this subsection to compensate persons injured by a violation by the licensee of
24requirements under this chapter.
SB244,35,10
1(10) Withholding license or registration. The department may, for one year
2after the date on which a license or registration would otherwise take effect, withhold
3issuance of a license or registration to an applicant who qualifies for a license or
4registration under this section if the applicant has been convicted of committing 3
5or more violations of this chapter or rules promulgated under this chapter within the
65-year period immediately preceding the date of application. At the end of the
7one-year period, the applicant is eligible to apply for a license or registration upon
8payment of the fee established under sub. (11) (b), if the applicant has not been
9determined to have committed any further violations of the applicable statutes or
10rules during that period.
SB244,35,12 11(11) Fees. (a) The application fee for an examination is $25, except that the
12department may change the amount by rule.
SB244,35,1613 (b) After consulting with the council, the department shall establish by rule the
14fees for licenses and registration under this section. In the rule, the department may
15provide for an additional charge for license or registration applications submitted
16after the date specified in sub. (5) (d).
SB244,35,2017 (c) After consulting with the council, the department may establish by rule a
18fee for an applicant for a license who fails an examination required for the license and
19requests a review of his or her examination results. The department shall base the
20fee on the cost of the review.
SB244,35,2221 (d) All moneys received as fees under this subsection shall be credited to the
22appropriation under s. 20.370 (4) (ai).
SB244,36,2 23(12) Continuing education required. (a) Each year the department, in
24consultation with the council, shall conduct at least one continuing education
25program relating to drill hole constructing and pump installing or approve at least

1one continuing education program relating to drill hole constructing and pump
2installing that is conducted by another person.
SB244,36,53 (b) Each individual licensed or registered under this section shall attend one
4program conducted or approved under par. (a) each year and shall notify the
5department of his or her attendance.
SB244,36,8 6280.27 Well and other drill hole abandonment. (1) No person may fill or
7seal a well constructed to obtain potable water, other than a driven-point well, unless
8the person holds a well driller license or a pump installer license under s. 280.24.
SB244,36,10 9(2) No person may fill or seal a driven-point well unless the person holds a well
10driller license, a well point driver license, or a pump installer license under s. 280.24.
SB244,36,13 11(3) No person may fill or seal a drill hole, other than a well constructed to obtain
12potable water, unless the person holds a restricted drill hole constructor license or
13a well driller license under s. 280.24.
SB244,36,16 14280.28 Denial, nonrenewal, suspension, and revocation. (1) In this
15section, "license" means a license or registration issued under s. 280.24 or an
16operator certificate issued under s. 280.20.
SB244,36,18 17(1m) (a) Any person may file a complaint with the department and request the
18department to commence disciplinary proceedings against any holder of a license.
SB244,36,2019 (b) The burden of proof in disciplinary proceedings before the department
20under this chapter is a preponderance of the evidence.
Loading...
Loading...