280.21(1)(b)
(b) Establish separate standards for different categories of wells and enforcement actions;
280.21(1)(c)
(c) Require approval by the department before a variance may be granted; and
280.21(1)(d)
(d) Establish exemptions from licensing or alternate licensing requirements for replacement of a pump in an emergency.
280.21(2)
(2) Private wells. The department shall define by rule "private well" and "private wells" as used in this section and
s. 59.70 (6). The definition may not include wells for which plans and specifications must be submitted to the department for approval prior to construction or installation.
280.21(3)
(3) Training. The department shall provide training and technical assistance to local government employees and agents for implementation of this section and
s. 59.70 (6). The department may charge each county which receives training and technical assistance a fee for those services. Fees may not exceed the department's actual costs of providing the services.
280.21(4)
(4) Review and audit. The department shall review and audit periodically each ordinance and program adopted under
s. 59.70 (6) to ascertain compliance with this chapter and with rules of the department under this chapter. If an ordinance or related program is not in compliance, the department may revoke the authority of the county to enforce the ordinance. Revocation may be made only pursuant to written department findings made after a public hearing held in the county upon 30 days advance notice to the clerk of the local unit of government.
280.21(5)
(5) Concurrent enforcement. The department may enforce this chapter and rules of the department under this chapter that are covered by an ordinance adopted under
s. 59.70 (6), in the county with the ordinance, if the department is engaged in audit or review activities, if there is reasonable cause to believe that the ordinance or related enforcement program of the county is not in compliance under
sub. (4) or if the department determines that there are special circumstances requiring concurrent enforcement. The department shall continue to enforce this chapter and rules of the department under this chapter that are not covered by an ordinance in counties with ordinances adopted under
s. 59.70 (6).
280.21 History
History: 1983 a. 410;
1995 a. 201;
1995 a. 227 s.
944; Stats. 1995 s. 280.21.
280.25
280.25
Report on aquifer recovery system. 280.25(2)
(2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.
280.25 History
History: 2001 a. 109.
280.30
280.30
Well abandonment and property transfer inspections. 280.30(1)(1)
Definition. Notwithstanding
s. 280.01 (6), in this section, "water supply well" means an excavation or opening into the ground made by digging, boring, drilling, or other method that supplies water for any purpose.
280.30(2)
(2) Abandonment. An individual may not fill or seal a water supply well unless one of the following applies:
280.30(2)(a)
(a) The individual is a licensed well driller or licensed pump installer.
280.30(2)(b)
(b) The individual is under the supervision of a licensed well driller or licensed pump installer or the individual is under the supervision of a water system operator certified under
s. 281.17 (3) and the well is within the service area of the local governmental water system for which the certified operator works. The licensed or certified individual is not required to be present during the filling or sealing.
280.30(2)(c)
(c) The individual is a water system operator certified under
s. 281.17 (3) and the well is within the service area of the local governmental water system for which the individual works.
280.30(3)
(3) Property transfer well inspections. 280.30(3)(a)(a) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems on the real property unless the individual is a licensed well driller or a licensed pump installer.
280.30(3)(b)
(b) The department shall promulgate rules for inspections and evaluations described in
par. (a).
280.30 History
History: 2005 a. 360.
280.97
280.97
Penalties. Any person, firm or corporation who engages in or follows the business or occupation of, or advertises or holds himself, herself or itself out as or acts temporarily or otherwise as a well driller or pump installer without having first secured the required permit or certificate of registration or renewal thereof, or who otherwise violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not more than 30 days, or both. Each day during which a violation continues shall constitute a separate and distinct offense, and may be punished separately.
Effective date note
NOTE: This section is amended eff. 6-1-08 by
2005 Wis. Act 360 to read:
Effective date text
280.97 Penalties. Except as provided in s. 280.98 (3), any person who violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not more than 30 days, or both. Each day during which a violation continues constitutes a separate offense that may be punished separately.
280.97 History
History: 1993 a. 482;
1995 a. 227 s.
943; Stats. 1995 s. 280.97;
1997 a. 27;
2005 a. 360.
280.98(1)(1) Except as provided in
sub. (5), the department may follow the procedures for the issuance of a citation under
ss. 23.50 to
23.99 to collect a forfeiture as specified in
sub. (3) from a person who commits a violation specified under
sub. (2).
280.98(2)
(2) The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or drill hole abandonment to which
sub. (1) applies.
280.98(3)
(3) A person who commits a violation specified under
sub. (2) shall, if the department issues a citation under
sub. (1), be required to forfeit $500 for a first violation and $1,000 for a 2nd or subsequent violation of the same provision.
280.98(4)
(4) The department shall promulgate rules that specify an enforcement process that the department must follow before issuing a citation under
sub. (1). The department shall include in the enforcement process under this subsection an enforcement conference with the person against whom enforcement is contemplated.
280.98(5)
(5) Subsection (1) does not apply to a community water system, as defined in
s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.
280.98 History
History: 2005 a. 360.
