CR 25-014 Rule Text

The statement of scope for this rule, SS 050-23, was approved by the Governor on July 28, 2023, published in Register No. 812A1 on August 7, 2023, and approved by the Natural Resources Board on September 27, 2023. This rule was approved by the Governor on insert date.

A

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 146.02 (4) (Note), (4g), (4v), (5) (Note), and (9r), 146.04 (2) (h) 5. and (k), (7), and (9) (c), 146.05 (2) (Note), 146.07 (1) (c) (Note), (f), and (i), and (4) (Note), and 146.09 (Note); to renumber NR 146.04 (9) (a) 10. and (b) (Note); to renumber and amend NR 146.07 (3) and 146.09 (2) (b); to amend NR 146.01 (2), 146.02 (1g), (3), (4), (4b), (4f), (6), (7g), and (7r), 146.03 (2) (a) (intro.) and 2. to 4., (b) 3. to 5., (c) 1. to 3. and 6., and (d) (intro.), 2. to 4., and 7., and (2m) (a) (intro.) and 2. and (b) (intro.) and 3., 146.04 (1) (a), (d), and (e), (2) (intro.), (a), (h) (intro.), 1., 2., and 4., and (i), (3) (b) and (c), (4) (title), (b) 1. a. to (c), and (e), (4m), (5) (title), (b) 1. a. to (c), (6), (8) (b ), (c), and (f), (9) (a) (intro.), 1., 2., 5., and 6., (10) (title), (a), (b) 1. a. to d., and (c), (10m), and (11) (b), (c), and (f), 146.045 (1) and (3), 146.05 (1) and (2), 146.06 (intro.), 146.065 (intro.), 146.07 (1) (b), (c), (e), (h), and (j), (2) (a), (b) 1., 2., 3., and 4., and (d), and (4), 146.08 (2), 146.09 (1) (title), (2) (intro.) and (a), (3) (c), and (5), and 146.11 (2); to repeal and recreate NR 146.02 (5), 146.03 (1) and (4), 146.04 (9) (a) 9. and (b),146.07 (1) (d) and (g), and (2) (b) (intro.), and 146.08 (intro.), (8), and (8m); and to create NR 146.02 (5m), (7i), (7L), and (7n), 146.04 (2) (im) and (km), (8) (bg) and (br), (9) (a) 9m. and (cg), and (11) (bg) and (br), 146.07 (1) (a) (title), (2) (c) (title), and (d) (title) and (3) (b), (c) 2., and (d), 146.09 (2) (b) 1. (intro), and 146.105, relating to water well driller, heat exchange driller, and pump installer licensing and registration; and drilling rig operator registration, and affecting small business.

DG-04-23

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Chapters 280 and 281, Wis. Stats.

2. Statutory Authority: Chapters 280 and 281, Wis. Stats.

3. Explanation of Agency Authority:

Section 280.11(1), Wis. Stats., directs the department to prescribe, publish and enforce minimum reasonable standards and rules for methods to be pursued to obtain pure drinking water for human consumption, and to establish safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption. This statute gives the department general supervision and control over all methods of obtaining groundwater for human consumption including the construction or reconstruction of wells, authority to prescribe, amend, modify or repeal any applicable rule and to perform any act deemed necessary for the safeguarding of public health.

Section 280.13, Wis. Stats., authorizes the department to promulgate rules that are reasonably necessary to carry out and enforce the provisions of ch. 280, Wis. Stats.

Section 280.15(2m), Wis. Stats., establishes the statutory authority and framework for driller and pump installer licensing, including applications, prerequisites and examinations, renewals, fees, and continuing education requirements.

Section 280.30, Wis. Stats., establishes the statutory authority required for well and heat exchange drillhole abandonment, as well as property transfer well inspection license requirements. This section authorizes licensed pump installers to conduct property transfer well inspections and to engage in water well abandonment activities.

Section 281.12, Wis. Stats., vests in the department the general supervision and control over the waters of the state, and gives the department authority to carry out regulatory programs for implementing the policy and purpose of the chapter.

Section 281.19(1), Wis. Stats., gives the department authority to adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available systems, methods and means for preventing and abating pollution of the waters of the state.

4. Related Statutes or Rules:

Chapter NR 812, Wis. Adm. Code – Well Construction and Pump Installation, establishes uniform standards and methods for extracting groundwater for any purpose, protecting groundwater and aquifers from contamination through adequate construction and reconstruction of water systems, and property transfer inspections. Subchapter III of ch. NR 812, “Requirements for New Pump Installations and Water Treatment,” is being revised concurrently with this rule under Board Order DG-03-23.

5. Plain Language Analysis:

Attrition in individuals authorized to carry out drilling and pump installing activities for private well owners throughout the state of Wisconsin was a major consideration in development of the proposed rule. In the period from 2013 to 2023, the well drilling industry experienced a 23% drop in licensed pump installers, a 26% drop in licensed water well drillers and a 32% drop in licensed heat exchange drillers. Advisory Committee members attributed to the decline to age of the workforce, lack of interest on the part of potential applicants, need for competitive pay, and start-up costs. Other factors included dissatisfaction with current continuing education venues, a lack of knowledge of successful business practices, and the general public’s perceptions of the industry.

An Advisory Committee with members representing well drillers, heat exchange drillers, pump installers, the Wisconsin Water Well Association and the Wisconsin Geothermal Association met on 5 occasions from December of 2023 through August of 2024 to discuss proposed revisions for the rule. The Advisory Committee strongly advised the department not to lower driller education and experience prerequisite license requirements in an attempt to reverse this trend by making it easier for an applicant to obtain a driller license.

The proposed rule would address driller license prerequisite requirements that became effective on January 1, 2020, and have made attainment of the driller license more difficult for some applicants. The overall health of the well drilling industry would benefit from the department’s approval of a wider scope of topics for continuing education, including sessions that provide training in business practice. More successful drilling businesses will result in more licensed individuals who are authorized to provide private water well services to Wisconsinites. Providing a grace period for fulfilling continuing education attendance requirements outside of the current calendar year would assist those who fail to complete attendance on time due to personal hardship and extenuating circumstances. Outside of these benefits to the regulated community, the department would experience savings in administrative costs by requiring applicants to use available online resources to process annual renewals. This would reduce the number of applications that are submitted by U.S. mail and processed manually by department staff.

Continuing Education:

— Currently, continuing education must be completed within the calendar year for an applicant to obtain eligibility to renew a credential for the following year. If not completed within the calendar year, a licensee must pass an examination to have the license reinstated. No provision exists within current rule language for waivers or extensions in cases of personal hardship, pandemic or other extenuating circumstances. The proposed rule would include a one-year grace period for completing continuing education attendance that is required for renewal eligibility. The license will still expire on December 31 of each year for all credentials, but the licensee will continue to be eligible for renewal if continuing education attendance is completed within one year of license expiration.

— The proposed rule includes the following topics for continuing education credit:

— Six credits of continuing education attendance are required each year for renewal eligibility.

— For all license types:

— Annual attendance must include 3 hours of training in a topic specific to the credential held.

— Up to 2 credits will be accepted for training related to business practice.

— Up to 2 credits will be accepted for training specific to safety & first aid.

— One credit of compliance related training will be required each year.

— The following cross-training will be accepted:

— Training specific to water well drilling will be accepted for pump installer credit.

— Training specific to pump installing and heat exchange drilling will be accepted for water well driller credit.

— Training specific to water well drilling will be accepted for heat exchange driller credit.

Mandatory Online Renewal: Online renewal processing has been available to the Private Water regulated community since late 2019, when renewals began to be processed online for the 2020 calendar year. With the exception of renewals processed for 2023, the number of applications processed online has increased year to year as shown in Figure 1. A survey was conducted following the decrease in online renewals for 2023 to solicit comments on the renewal process overall and to gain insight into why there might be resistance to adopting the online renewal option. Results of the survey indicated that the convenience fee charged for online payment using a credit card was a deterrent to the use of the online renewal portal. There is now a second payment option available at the portal that allows payment by electronic transfer from a bank account that does not require an additional fee to process payment online. Renewals processed online thus far for 2025 have increased by 36% over online renewals processed at the same time last year.

The rule proposes mandatory online processing of renewal applications. The proposed rule also creates a waiver of the mandatory online renewal to allow for paper renewal applications by U.S. mail for those who cannot renew online for reasons beyond their control. Those granted a waiver from the online renewal requirement must adhere to an accelerated continuing education completion deadline to facilitate department processing of applications submitted by mail. Individuals who have opted to renew by mail will be required to renew online if continuing education attendance is not completed by the October 15 occurring before the December 31 expiration date. It is estimated that the proposed requirement will ultimately result in 85% of all renewals being processed online with an estimated savings of 272 staff-hours in processing time each year for the department.