SB244: Bill Text

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

SB244,43,18 280.40 Orders; affidavits. (1) The department may do any of the following:

SB244,43,22 (a) Order the owner or operator of a water system or the person responsible for construction, operation, or abandonment of the water system to take actions, which may include repair, replacement, reconstruction, abandonment, or discontinuance of use, in a designated manner to protect public health, safety, or welfare.

SB244,43,25 (c) If the department finds that the absence of a municipal water system results in a nuisance to public health or safety, order the city, village, or town in which the nuisance exists to construct a water system within a specified time.

SB244,44,5 (d) After giving the owner or operator of any well or other drill hole that is contaminated or that does not comply with this chapter or rules promulgated under this chapter the opportunity to eliminate the contamination or bring the well or other drill hole into compliance, order the owner or operator to fill the well or other drill hole as required under rules of the department.

SB244,44,7 (dm) Order the owner or operator of any well or other drill hole that is unused to fill the well or other drill hole as required under department rules.

SB244,44,10 (e) Order any licensee or registrant under s. 280.24 or certificate holder under s. 280.20 to cease all activities and operations authorized under the license, registration, or certificate.

SB244,44,12 (f) Issue any other order determined necessary by the department to ensure compliance with this chapter and rules promulgated under this chapter.

SB244,44,14 (2) The department shall include all of the following in each order issued under sub. (1):

SB244,44,15 (a) The statute or rule alleged to be violated, if any.

SB244,44,17 (b) The findings of fact upon which the department determined that a violation exists or that a condition authorizing an order exists.

SB244,44,18 (c) A compliance schedule or a date by which the order must be obeyed.

SB244,45,2 (3) Except as provided under sub. (5), an order issued under sub. (1) takes effect 30 days after the date on which the order is served, unless a person subject to the order files a written request for a hearing before the expiration of the 30 days. The department shall serve an order issued under sub. (1) by certified mail or personal service. The person subject to an order has a right to a hearing if s. 227.42 (1) is satisfied. If the request for a hearing is granted, the department shall stay the order and conduct a contested case hearing under ch. 227 on the matter. The department shall provide written notice to the person of the date, time, and place of the hearing at least 10 days before the hearing.

SB244,45,4 (4) Following a hearing under sub. (3), the department shall affirm, set aside, or, if necessary, modify the original order.

SB244,45,14 (5) (a) If necessary to protect public health, safety, or welfare, the department may issue an order described in sub. (1) as an emergency order that takes effect immediately or within 30 days after the date of service, whichever is specified in the order. The department shall publish each emergency order as a class 1 notice, under ch. 985, and shall serve the emergency order on the person subject to the emergency order by certified mail or personal service. In an emergency order, the department shall notify the person subject to the order that he or she is entitled to a contested case hearing under ch. 227 if a request is filed within 30 days after the date on which the order is served. The hearing shall be held as soon as practicable after receipt of the request. An emergency order remains in effect pending the result of the hearing.

SB244,45,25 (b) The department may, without a prior hearing, issue an emergency order to a person to whom an approval, as defined in s. 281.35 (1) (a), is issued to stop a withdrawal, as defined in s. 281.35 (1) (m), immediately if the department determines that there is a danger of imminent harm to the public health. In the emergency order, the department shall specify the date on which the withdrawal must be stopped and the date, if any, on which it may be resumed. In the emergency order, the department shall notify the person subject to the order that he or she is entitled to a contested case hearing under ch. 227 if a request is filed within 30 days after the date on which the order is served. The department shall hold the hearing as soon as practicable after receipt of a request for a hearing. An emergency order remains in effect pending the result of the hearing.