280.13 Cross-reference
Cross-reference: See also ch.
NR 122 and s.
NR 128.60, Wis. adm. code.
280.15
280.15
Well drilling and pump installing; registration; licensing; qualifications; fee. 280.15(1)(a)(a)
Registration requirement. No person may engage in the business of well drilling or pump installing in this state unless the person obtains registration under this paragraph as a well drilling business or pump installing business, except as follows:
280.15(1)(a)1.
1. An individual who is a licensed well driller or a licensed pump installer is not required to obtain registration.
280.15(1)(a)2.
2. An individual who is employed by or works under contract with a licensed well driller or a licensed pump installer is not required to obtain registration.
280.15(1)(a)3.
3. An individual who is employed by or works under contract with a person who is registered under this paragraph is not required to obtain registration.
280.15(1)(am)
(am)
Prerequisite. The department may not grant registration under
par. (a) to a person to engage in the business of well drilling unless the person is a licensed well driller, a licensed well driller has an ownership interest in the business, or the person employs or contracts with a licensed well driller. The department may not grant registration under
par. (a) to a person to engage in the business of pump installing unless the person is a licensed pump installer, a licensed pump installer has an ownership interest in the business, or the person employs or contracts with a licensed pump installer.
280.15(1)(b)
(b)
Application. A person who seeks to register a well drilling business or pump installing business shall apply to the department for registration of each place of business or retail outlet he or she operates as a well drilling business, pump installing business, or both, upon forms prepared by the department for this purpose. The application shall be accompanied by a registration fee for each place of business or retail outlet included in the application.
280.15(1)(c)
(c)
Renewal. In order to retain registration as a well drilling business or pump installing business a person shall apply for registration renewal and pay the required registration fees annually on or before January 1.
280.15(1)(d)
(d)
Registration fee. The fees required for registration application or annual renewal are as follows:
280.15(1)(d)3.
3. Well drilling business and pump installing business, $75.
280.15(1)(e)
(e)
Late fees. A person who files an application for registration renewal or who fails to pay the required annual registration fees after January 1 shall pay a late penalty of $15.
280.15(1)(f)
(f)
Expiration. All registrations issued under this subsection expire on December 31 of each year and are not transferable.
280.15(2m)
(2m) Well driller and pump installer licensing. 280.15(2m)(a)(a) Application. An individual who seeks a well driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in
par. (c) with the application.
280.15(2m)(b)
(b)
Renewal. In order to retain his or her license as a well driller or pump installer an individual shall comply with requirements for continuing education promulgated by the department by rule and shall apply for license renewal and pay the required license fees under
par. (c) annually on or before January 1.
280.15(2m)(c)
(c)
Fees. The license fees required for license application or annual renewal are as follows:
280.15(2m)(d)
(d)
Late fees. An individual who files an application for license renewal or pays the required annual fees after January 1 shall pay a late penalty of $15.
280.15(2m)(e)
(e)
Prerequisites for pump installer license. The department may not issue a pump installer license unless the applicant demonstrates competency in pump installing by passing an examination administered by the department.
280.15(2m)(f)
(f)
Prerequisites for well driller license. The department may not issue a well driller license unless all of the following apply:
280.15(2m)(f)1.
1. The applicant demonstrates competency in well drilling by passing an examination administered by the department.
280.15(2m)(f)2.
2. Except as provided in
par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under
sub. (3g), and has the well drilling experience required by the department by rule.
280.15(2m)(g)1.1. The department may issue a well driller license to an applicant who does not comply with
par. (f) 2. if the applicant complies with
par. (f) 1. and holds a well driller license in good standing from another state and the department determines that the other state has laws and rules governing well drilling and licensing of well drillers that are substantially similar to this state's laws and rules.
280.15(2m)(g)2.
2. The department shall establish alternative requirements to
par. (f) 2. for applicants who have gained well drilling experience before June 1, 2008.
280.15(3g)
(3g) Drilling rig operator registration. 280.15(3g)(a)(a)
Application. An individual who seeks registration as a drilling rig operator shall apply to the department on a form prepared by the department. The individual shall include a fee of $25.
280.15(3g)(b)
(b)
Renewal. In order to retain registration as a drilling rig operator an individual shall complete training approved by the department and comply with requirements for continuing education promulgated by the department by rule and shall apply for registration renewal and pay a fee of $25 annually on or before January 1.
280.15(3g)(d)
(d)
Late fees. An individual who files an application for registration renewal or who pays the required annual fee after January 1 shall pay a late penalty of $15.
280.15(3r)(a)(a)
Requirement. Except as provided in
par. (b) and
sub. (4), an individual who is not a licensed well driller or a registered drilling rig operator may only engage in well drilling if the individual is under the supervision of a licensed well driller or a registered drilling rig operator who is on the site of the well drilling.
280.15(3r)(b)
(b)
Exception. Paragraph (a) does not apply to an individual performing well drilling of a public well for a local governmental unit if the individual applies for registration under
sub. (3g) no later than 14 days after the day on which the individual begins to perform the well drilling.
280.15(4)
(4) Work on own real estate. No person is required to obtain a registration or license under this section for driving, digging or otherwise obtaining groundwater supply on real estate owned or leased by that person, but the well and the work done on the well shall comply with the law and the rules promulgated by the department.
280.15 History
History: 1983 a. 27;
1995 a. 227 s.
940; Stats. 1995 s. 280.15;
1999 a. 85;
2001 a. 107;
2005 a. 360.
280.16
280.16
Prohibition on use of certain devices in wells. 280.16(1)(1) In this section, "pitless adapter" means a device that attaches a well casing pipe to an underground pipe that conveys water from the well.
280.16(2)
(2) No person may install a pitless adapter that extends into the inside of a well casing pipe except if the sand screen is permanently attached to the bottom of a well casing pipe that is constructed of polyvinyl chloride. Only the following may install pitless adapters:
280.16(2)(b)
(b) An employee of a licensed pump installer or a registered pump installing business.
280.16(2)(c)
(c) A welder under contract with a licensed pump installer or registered pump installing business.
280.16 History
History: 1997 a. 122;
2005 a. 360.
280.17
280.17
Exceptions. The provisions of this chapter shall not apply to the construction of wells where the water is used only for stock watering and other similar domestic purposes and is not used for human consumption.
280.17 History
History: 1995 a. 227 s.
941; Stats. 1995 s. 280.17.
280.19
280.19
Registration exceptions. No registration or license to engage in the well drilling or pump installing industry is required of competent sanitary engineers or of superintendents of waterworks systems in the preparations of plans and specifications or in supervising the installation of wells and water systems for the obtaining of supplies of groundwater, but the plans and specifications shall conform to all requirements established by the department.
280.19 History
History: 1995 a. 227 s.
942; Stats. 1995 s. 280.19;
2005 a. 360.
280.21
280.21
Local authority. 280.21(1)(1)
Ordinances. The department may authorize counties to adopt ordinances under
s. 59.70 (6) (b) and
(c), relating to the enforcement of this chapter and rules of the department under this chapter. The department shall establish by rule standards for approval of ordinances and enforcement programs. Among other things, the rules may:
280.21(1)(a)
(a) Include personnel, training, reporting and other requirements;
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.
280.30 Cross-reference
Cross-reference: See s.
NR 812.26, Wis. adm. code.
280.97
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.
