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.
SB244,36,23 21(2) The department may refuse to renew a license as provided in s. 280.20 (3).
22The department may deny an application for a license, refuse to renew a license, or
23suspend a license if the applicant or licensee does any of the following:
SB244,36,2424 (a) Makes a material misstatement in an application.
SB244,37,2
1(b) Violates any provision of this chapter or a rule promulgated or order issued
2under this chapter.
SB244,37,43 (c) Demonstrates incompetence in performing the work for which the license
4is issued or fails a required examination.
SB244,37,55 (d) Intentionally fails to submit a report required to be submitted.
SB244,37,66 (e) Submits false information on any report required to be submitted.
SB244,37,87 (f) Has been convicted of a criminal charge related to the activity for which the
8license is applied for or issued.
SB244,37,109 (g) In a civil proceeding, has been found negligent in the conduct of the activity
10for which the license is applied for or issued.
SB244,37,1111 (h) Fails to comply with requirements for initial licensure or license renewal.
SB244,37,1312 (i) Gives his or her license to another individual for the purpose of enabling that
13other individual to represent that he or she holds a license.
SB244,37,1514 (j) Provides false information about his or her business relationship with
15unlicensed individuals.
SB244,37,1716 (k) Consults with another person or consults with written materials with which
17the department has not authorized consultation while taking an examination.
SB244,37,1818 (L) Provides false information under s. 280.52.
SB244,37,19 19(2m) The department may revoke a license if any of the following applies:
SB244,37,2120 (a) The licensee is incompetent to perform the activity for which the license is
21issued.
SB244,37,2322 (b) The licensee has been convicted of committing a violation related to the
23activity for which the license is granted.
SB244,38,2 24(3) The department shall notify the applicant or licensee of any determination
25made under sub. (2) or (2m) by issuing an order in writing that states the reason for

1the determination. The department shall serve the order by certified mail or
2personal service.
SB244,38,9 3(4) (a) Except as provided in par. (b), a suspension or revocation takes effect 30
4days after the date of service under sub. (3) unless the licensee files a written request
5for a hearing within 30 days after the date of service. If a request is filed, the
6department shall stay the suspension or revocation and conduct a contested case
7hearing under ch. 227 on the matter as soon as practicable. The department shall
8provide written notice to the licensee of the date, time, and place of the hearing at
9least 10 days before the hearing.
SB244,38,1910 (b) If the department, after investigation, determines that protecting public
11health, safety, or welfare requires immediate action, it may summarily suspend a
12license and order the licensee to cease all licensed activity until the conclusion of all
13proceedings arising out of the suspension. The department shall serve the licensee
14with written notice of the suspension and the order. In the notice, the department
15shall state the department's determination relating to protection of public health,
16safety, or welfare. The licensee may request a hearing by filing a written request for
17a hearing within 15 days after the date of service. The department shall hold the
18hearing as soon as practicable, but not later than 30 days after the date of the
19request.
SB244,39,2 20(5) A refusal to renew a license takes effect 30 days after the date of service
21under sub. (3) unless the licensee files a written request for a hearing within 30 days
22after the date of service. If a request is filed, the department shall conduct a
23contested case hearing under ch. 227 on the matter within 60 days after receiving the
24request, except that a licensee has no right to a hearing if the department refuses to
25renew the license for failure to pay fees or for failure to comply with continuing

1education requirements. The department shall provide written notice to the licensee
2of the date, time, and place of the hearing at least 10 days before the hearing.
SB244,39,5 3(6) Within 90 days after the conclusion of a hearing under sub. (4) or (5), the
4department shall affirm, set aside, or modify the determination to suspend, revoke,
5or refuse to renew a license.
SB244,39,8 6(7) A licensee who requests a hearing under sub. (4) (a) or (5) may continue to
7engage in the licensed activity until the conclusion of all administrative and judicial
8proceedings arising out of the revocation, suspension, or refusal to renew.
SB244,39,16 9(8) (a) A license revocation remains in effect for 2 years beginning on the date
10that the order is served under sub. (3), the effective date of the order, or the date of
11the conclusion of all administrative and judicial proceedings arising out of the
12revocation, whichever is latest. A person may, at least one year after the date of
13revocation, apply to the department for review of the revocation. The department
14may shorten the period of revocation. After a period of revocation, a person may
15regain a license only by complying with any requirements of the order, paying the
16applicable fee, and passing any applicable examination.
SB244,39,2217 (b) A license suspension remains in effect for the period specified in the
18suspension order or until the person whose license is suspended or revoked complies
19with any requirements of the order, whichever is later, except that, if a license
20suspension extends through the next license period due to the person's failure to
21comply with a requirement in the order, the department may provide that the license
22suspension remains in effect until the person passes any applicable examination.
SB244,40,223 (c) The department may require a person whose license is suspended or revoked
24to correct violations on which the suspension or revocation is based.

1Notwithstanding par. (a) or (b), if the department imposes such a requirement, the
2license remains suspended or revoked until the person corrects the violations.
SB244,40,73 (d) A licensee whose renewal application is refused may not apply for the same
4license for 90 days after the date of the refusal or the date of the conclusion of all
5administrative and judicial proceedings arising out of the refusal, whichever is later,
6except that a licensee may apply after 10 days from that date if the licensee
7eliminates all impediments to nonrenewal.
SB244,40,14 8(9) A licensee who is subject to a nonrenewal, suspension, or revocation shall,
9at the request of the department, notify the department of the location of the work
10that he or she performed under the license within 2 years before the nonrenewal,
11suspension, or revocation takes effect. The licensee shall, immediately after the
12sanction takes effect, notify the department of the location of any drilling rigs owned,
13leased, or rented by the licensee and shall notify the department of any change in
14location during the period that the sanction remains in effect.
SB244,40,20 15(10) An individual who is subject to a nonrenewal, suspension, or revocation
16of a license issued under s. 280.24 may not perform any activity authorized by the
17license, except as directed by the department under sub. (8) (c), for a period of 60 days
18starting with the first day of the nonrenewal, suspension, or revocation. After that
19period, the individual may perform the activity if the individual is employed by and
20is in the actual physical presence of a licensed individual.
SB244,40,2221 Subchapter IV
22 Local authority
SB244,41,2 23280.30 County ordinances. (1) Definition. In this section, "private well"
24means a type of well designated by the department by rule, which may not include

1any type of well for which plans and specifications must be submitted to the
2department for approval before construction.
SB244,41,6 3(2) Ordinances. (a) The department may authorize the enactment, under s.
459.70 (6), of county ordinances strictly conforming to this chapter and rules
5promulgated under this chapter, or to portions of this chapter and rules promulgated
6under this chapter, that govern any of the following:
SB244,41,77 1. The location of private wells.
SB244,41,108 2. The abandonment of private wells and other drill holes that are unused or
9contaminated or do not comply with this chapter or rules promulgated under this
10chapter.
SB244,41,1111 3. The construction and reconstruction of private wells.
SB244,41,1212 4. The installation of pumps in private wells.
SB244,41,1313 5. The modification of existing pump installations in private wells.
SB244,41,1414 6. The inspection of private water systems.
SB244,41,1715 (b) Each county that proposes to enact an ordinance authorized under par. (a)
16shall, before enactment, submit the proposed ordinance and a plan for its
17enforcement to the department for approval.
SB244,41,2018 (c) The department shall promulgate rules establishing the standards for
19approval of county ordinances, program management, and enforcement plans, which
20may include all of the following:
SB244,41,2121 1. Personnel, training, reporting, and other requirements.
SB244,41,2222 2. Standards for various categories of private wells.
SB244,41,2323 3. Standards for various categories of enforcement actions.
SB244,41,2524 4. The emergency conditions under which a county may grant an exemption
25from a provision of its ordinance for the replacement of a well or pump.
SB244,42,4
1(d) The department may require that a person obtain approval from the
2department for a variance from this chapter or rules promulgated under this chapter
3before a county may issue a permit for the construction of a private well or the
4installation of a pump.
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