SB244: Bill Text

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.

SB244,32,5 (d) The department may, after consulting with the council, promulgate rules establishing exemptions to the requirements of sub. (2).

SB244,32,14 (4) Examination program. The department shall, after consulting with the council, promulgate rules establishing an examination program to determine the competence of individuals applying for licenses under this section to perform and supervise the activities specified in sub. (2). The department shall ensure that examinations reasonably relate to the skills likely to be needed by an applicant to perform the activities specified in sub. (2) at the time of application. The department shall include, in the examination program, questions designed to determine an individual's knowledge of the statutes and rules applicable to the license category and the individual's related experience.

SB244,32,17 (5) Application. (a) An applicant for any license or registration under this section shall apply on a form provided by the department. An applicant shall submit the application fee specified under sub. (11) (a) with the application.

SB244,32,25 (b) The department shall examine all license applicants and shall notify each applicant within 45 days after the examination whether he or she passed the examination. If an applicant who passes an examination and meets all other licensing requirements pays the applicable license fee established under sub. (11) (b) to the department within one year after the date of the notice under this paragraph, the department, except as provided in s. 280.28 (2), shall issue the license. If the license fee is not paid within one year, the applicant shall pay another application fee and retake the examination.

SB244,33,2 (c) Each license and registration issued under this section expires on January 15 of the next even-numbered year.

SB244,33,11 (d) To ensure continuous licensure or registration, an individual holding a license or registration shall submit a complete application for a license renewal by December 15 of each odd-numbered year on a form provided by the department along with the fee established under sub. (11) (b). The department shall issue a renewal license without requiring the licensee to take an examination if the application is received no later than 2 years after the expiration of the last license issued to the individual and if the individual attended at least one continuing education program conducted or approved under sub. (12) (a) during the year before the application is received.

SB244,33,15 (6) Additional requirements. (a) Except as provided in sub. (9), an applicant for drilling rig operator registration shall have at least 1,000 hours of experience in the construction of wells or other drill holes and have attended a continuing education program under sub. (12) in the year preceding the year of application.

SB244,33,21 (b) 1. Except as provided in subd. 2. or sub. (9), an applicant for a license under sub. (1) (a) 1., 2., 3m., or 4. a., b., or c. shall have at least 1,000 hours of experience in each of the 2 years preceding the year of application in the construction of the kinds of wells or drill holes authorized to be constructed by the license. The applicant shall have been registered as a drilling rig operator and have fulfilled the continuing education requirement in sub. (12) in each of those 2 years.

SB244,33,23 2. The experience requirement in subd. 1. does not apply to an applicant for an environmental well driller license who holds a well driller license.

SB244,34,3 (c) Except as provided in sub. (9), an applicant for a pump installer license shall have at least 1,000 hours of experience in the installing or servicing of pumps in each of the 2 years preceding the year of application. The applicant shall have been registered as a pump installer helper and have fulfilled the continuing education requirement in sub. (12) in each of those 2 years.

SB244,34,10 (9) Reciprocity. The department may issue the appropriate license without requiring compliance with sub. (6) to an applicant who holds a license for an activity under sub. (1) (a) that is issued by another state that, in the determination of the department, has laws and regulations governing that activity and licensing that are substantially equivalent to this chapter and rules promulgated under this chapter and provides comparable reciprocity to persons licensed in this state if all of the following apply:

SB244,34,11 (a) The applicant is in good standing in the other state.

SB244,34,13 (am) The other state issued the license to the applicant in accordance with its laws and regulations and not under reciprocity with a 3rd state.

SB244,34,15 (b) The applicant has not been convicted of engaging in the activity without a license in this state within the preceding 5 years.

SB244,34,16 (c) The applicant passes the examination.

SB244,34,17 (d) The applicant pays the application fee and the license fee.

SB244,34,24 (9m) Requirement of out-of-state licensee. The department may not issue a well driller, pump installer, or environmental well driller license to an individual who lives outside of this state unless the individual files with the department a bond furnished by a surety company licensed to do business in this state or a letter of credit in the amount of $10,000. The department may use a bond or letter of credit under this subsection to compensate persons injured by a violation by the licensee of requirements under this chapter.

SB244,35,10 (10) Withholding license or registration. The department may, for one year after the date on which a license or registration would otherwise take effect, withhold issuance of a license or registration to an applicant who qualifies for a license or registration under this section if the applicant has been convicted of committing 3 or more violations of this chapter or rules promulgated under this chapter within the 5-year period immediately preceding the date of application. At the end of the one-year period, the applicant is eligible to apply for a license or registration upon payment of the fee established under sub. (11) (b), if the applicant has not been determined to have committed any further violations of the applicable statutes or rules during that period.

SB244,35,12 (11) Fees. (a) The application fee for an examination is $25, except that the department may change the amount by rule.

SB244,35,16 (b) After consulting with the council, the department shall establish by rule the fees for licenses and registration under this section. In the rule, the department may provide for an additional charge for license or registration applications submitted after the date specified in sub. (5) (d).

SB244,35,20 (c) After consulting with the council, the department may establish by rule a fee for an applicant for a license who fails an examination required for the license and requests a review of his or her examination results. The department shall base the fee on the cost of the review.

SB244,35,22 (d) All moneys received as fees under this subsection shall be credited to the appropriation under s. 20.370 (4) (ai).

SB244,36,2 (12) Continuing education required. (a) Each year the department, in consultation with the council, shall conduct at least one continuing education program relating to drill hole constructing and pump installing or approve at least one continuing education program relating to drill hole constructing and pump installing that is conducted by another person.

SB244,36,5 (b) Each individual licensed or registered under this section shall attend one program conducted or approved under par. (a) each year and shall notify the department of his or her attendance.

SB244,36,8 280.27 Well and other drill hole abandonment. (1) No person may fill or seal a well constructed to obtain potable water, other than a driven-point well, unless the person holds a well driller license or a pump installer license under s. 280.24.

SB244,36,10 (2) No person may fill or seal a driven-point well unless the person holds a well driller license, a well point driver license, or a pump installer license under s. 280.24.

SB244,36,13 (3) No person may fill or seal a drill hole, other than a well constructed to obtain potable water, unless the person holds a restricted drill hole constructor license or a well driller license under s. 280.24.

SB244,36,16 280.28 Denial, nonrenewal, suspension, and revocation. (1) In this section, "license" means a license or registration issued under s. 280.24 or an operator certificate issued under s. 280.20.

SB244,36,18 (1m) (a) Any person may file a complaint with the department and request the department to commence disciplinary proceedings against any holder of a license.

SB244,36,20 (b) The burden of proof in disciplinary proceedings before the department under this chapter is a preponderance of the evidence.

SB244,36,23 (2) The department may refuse to renew a license as provided in s. 280.20 (3). The department may deny an application for a license, refuse to renew a license, or suspend a license if the applicant or licensee does any of the following:

SB244,36,24 (a) Makes a material misstatement in an application.

SB244,37,2 (b) Violates any provision of this chapter or a rule promulgated or order issued under this chapter.

SB244,37,4 (c) Demonstrates incompetence in performing the work for which the license is issued or fails a required examination.

SB244,37,5 (d) Intentionally fails to submit a report required to be submitted.

SB244,37,6 (e) Submits false information on any report required to be submitted.

SB244,37,8 (f) Has been convicted of a criminal charge related to the activity for which the license is applied for or issued.

SB244,37,10 (g) In a civil proceeding, has been found negligent in the conduct of the activity for which the license is applied for or issued.

SB244,37,11 (h) Fails to comply with requirements for initial licensure or license renewal.

SB244,37,13 (i) Gives his or her license to another individual for the purpose of enabling that other individual to represent that he or she holds a license.

SB244,37,15 (j) Provides false information about his or her business relationship with unlicensed individuals.

SB244,37,17 (k) Consults with another person or consults with written materials with which the department has not authorized consultation while taking an examination.

SB244,37,18 (L) Provides false information under s. 280.52.

SB244,37,19 (2m) The department may revoke a license if any of the following applies:

SB244,37,21 (a) The licensee is incompetent to perform the activity for which the license is issued.

SB244,37,23 (b) The licensee has been convicted of committing a violation related to the activity for which the license is granted.

SB244,38,2 (3) The department shall notify the applicant or licensee of any determination made under sub. (2) or (2m) by issuing an order in writing that states the reason for the determination. The department shall serve the order by certified mail or personal service.

SB244,38,9 (4) (a) Except as provided in par. (b), a suspension or revocation takes effect 30 days after the date of service under sub. (3) unless the licensee files a written request for a hearing within 30 days after the date of service. If a request is filed, the department shall stay the suspension or revocation and conduct a contested case hearing under ch. 227 on the matter as soon as practicable. The department shall provide written notice to the licensee of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,38,19 (b) If the department, after investigation, determines that protecting public health, safety, or welfare requires immediate action, it may summarily suspend a license and order the licensee to cease all licensed activity until the conclusion of all proceedings arising out of the suspension. The department shall serve the licensee with written notice of the suspension and the order. In the notice, the department shall state the department's determination relating to protection of public health, safety, or welfare. The licensee may request a hearing by filing a written request for a hearing within 15 days after the date of service. The department shall hold the hearing as soon as practicable, but not later than 30 days after the date of the request.

SB244,39,2 (5) A refusal to renew a license takes effect 30 days after the date of service under sub. (3) unless the licensee files a written request for a hearing within 30 days after the date of service. If a request is filed, the department shall conduct a contested case hearing under ch. 227 on the matter within 60 days after receiving the request, except that a licensee has no right to a hearing if the department refuses to renew the license for failure to pay fees or for failure to comply with continuing education requirements. The department shall provide written notice to the licensee of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,39,5 (6) Within 90 days after the conclusion of a hearing under sub. (4) or (5), the department shall affirm, set aside, or modify the determination to suspend, revoke, or refuse to renew a license.

SB244,39,8 (7) A licensee who requests a hearing under sub. (4) (a) or (5) may continue to engage in the licensed activity until the conclusion of all administrative and judicial proceedings arising out of the revocation, suspension, or refusal to renew.

SB244,39,16 (8) (a) A license revocation remains in effect for 2 years beginning on the date that the order is served under sub. (3), the effective date of the order, or the date of the conclusion of all administrative and judicial proceedings arising out of the revocation, whichever is latest. A person may, at least one year after the date of revocation, apply to the department for review of the revocation. The department may shorten the period of revocation. After a period of revocation, a person may regain a license only by complying with any requirements of the order, paying the applicable fee, and passing any applicable examination.

SB244,39,22 (b) A license suspension remains in effect for the period specified in the suspension order or until the person whose license is suspended or revoked complies with any requirements of the order, whichever is later, except that, if a license suspension extends through the next license period due to the person's failure to comply with a requirement in the order, the department may provide that the license suspension remains in effect until the person passes any applicable examination.

SB244,40,2 (c) The department may require a person whose license is suspended or revoked to correct violations on which the suspension or revocation is based. Notwithstanding par. (a) or (b), if the department imposes such a requirement, the license remains suspended or revoked until the person corrects the violations.

SB244,40,7 (d) A licensee whose renewal application is refused may not apply for the same license for 90 days after the date of the refusal or the date of the conclusion of all administrative and judicial proceedings arising out of the refusal, whichever is later, except that a licensee may apply after 10 days from that date if the licensee eliminates all impediments to nonrenewal.

SB244,40,14 (9) A licensee who is subject to a nonrenewal, suspension, or revocation shall, at the request of the department, notify the department of the location of the work that he or she performed under the license within 2 years before the nonrenewal, suspension, or revocation takes effect. The licensee shall, immediately after the sanction takes effect, notify the department of the location of any drilling rigs owned, leased, or rented by the licensee and shall notify the department of any change in location during the period that the sanction remains in effect.

SB244,40,20 (10) An individual who is subject to a nonrenewal, suspension, or revocation of a license issued under s. 280.24 may not perform any activity authorized by the license, except as directed by the department under sub. (8) (c), for a period of 60 days starting with the first day of the nonrenewal, suspension, or revocation. After that period, the individual may perform the activity if the individual is employed by and is in the actual physical presence of a licensed individual.

SB244,40,22 Subchapter IV Local authority

SB244,41,2 280.30 County ordinances. (1) Definition. In this section, "private well" means a type of well designated by the department by rule, which may not include any type of well for which plans and specifications must be submitted to the department for approval before construction.

SB244,41,6 (2) Ordinances. (a) The department may authorize the enactment, under s. 59.70 (6), of county ordinances strictly conforming to this chapter and rules promulgated under this chapter, or to portions of this chapter and rules promulgated under this chapter, that govern any of the following:

SB244,41,7 1. The location of private wells.

SB244,41,10 2. The abandonment of private wells and other drill holes that are unused or contaminated or do not comply with this chapter or rules promulgated under this chapter.

SB244,41,11 3. The construction and reconstruction of private wells.

SB244,41,12 4. The installation of pumps in private wells.

SB244,41,13 5. The modification of existing pump installations in private wells.

SB244,41,14 6. The inspection of private water systems.

SB244,41,17 (b) Each county that proposes to enact an ordinance authorized under par. (a) shall, before enactment, submit the proposed ordinance and a plan for its enforcement to the department for approval.

SB244,41,20 (c) The department shall promulgate rules establishing the standards for approval of county ordinances, program management, and enforcement plans, which may include all of the following:

SB244,41,21 1. Personnel, training, reporting, and other requirements.

SB244,41,22 2. Standards for various categories of private wells.

SB244,41,23 3. Standards for various categories of enforcement actions.

SB244,41,25 4. The emergency conditions under which a county may grant an exemption from a provision of its ordinance for the replacement of a well or pump.

SB244,42,4 (d) The department may require that a person obtain approval from the department for a variance from this chapter or rules promulgated under this chapter before a county may issue a permit for the construction of a private well or the installation of a pump.

SB244,42,9 (3) Training. The department shall provide training and technical assistance to county employes who implement ordinances enacted under s. 59.70 (6). The department may charge a fee, not to exceed the department's actual cost, for the training and technical assistance provided. All amounts received under this subsection shall be credited to the appropriation under s. 20.370 (4) (ai).

SB244,42,13 (4) Review and audit. (a) The department shall periodically review and audit each ordinance enacted under s. 59.70 (6) and the county's enforcement of the ordinance to determine compliance with this chapter and rules promulgated under this chapter.

SB244,42,22 (b) If following a review and audit the department determines that an ordinance or an enforcement program is not in substantial compliance with any requirement, the department may notify the county clerk of the determination. If the department provides notification, it shall hold a public informational hearing in the county no sooner than 30 days after the date of the notice. If the department finds after the hearing that the county is not in compliance, the department may revoke all or part of the county's authority to enforce the ordinance. A county is not entitled to a contested case hearing on the department's decision to revoke the county's authority to enforce the ordinance.

SB244,43,3 (5) Department enforcement. (a) In a county that has not enacted an ordinance under s. 59.70 (6) or that has, under its ordinance, only partial authority to regulate private wells and pump installation, the department shall enforce all applicable provisions of this chapter and rules promulgated under this chapter relating to private wells and pump installation that are not governed by a county ordinance.

SB244,43,6 (b) The department may enforce this chapter and rules promulgated under this chapter in a county that has enacted an ordinance under s. 59.70 (6) under any of the following circumstances:

SB244,43,7 1. If the department is conducting an audit and review under sub. (4) (a).

SB244,43,10 2. If there is reasonable cause to believe that the county ordinance or enforcement program does not comply with any requirement of this chapter or rules promulgated under this chapter.

SB244,43,12 3. If the department determines that there are other special circumstances requiring enforcement by the department.

SB244,43,15 280.32 Local enforcement prohibited. Except as provided in ss. 59.70 (6), 66.0437, and 280.30, no city, village, town, or county may enact or enforce an ordinance governing any matter regulated under this chapter.

SB244,43,17 Subchapter V Enforcement