Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 812 - Well Construction And Pump Installation › Subchapter I - General › Section NR 812.09 - Department approvals

Current through June 24, 2024
(1) REVIEW PERIOD. Unless another time period
				  is specified by law, the department shall complete its review and make a
				  determination on all applications for licenses or approvals within 65 business
				  days after receipt of a complete application. Incomplete applications will be
				  returned. The start of the 65 day review period will not begin until a complete
				  application is received by the department. All requests for approval shall be
				  in writing, except for situations that require an immediate response, in which
				  case an approval may be requested verbally and a verbal approval may be granted
				  by the department to be followed up with a written confirmation.
(2) APPROVAL APPLICATION AND SUBMISSION. The
				  property owner or lessee shall obtain a written approval from the department.
				  When an application is submitted by someone other than the owner of the subject
				  property, the owner or authorized agent shall sign the application. Application
				  information, outlines or forms may be obtained from the department.
				  Applications shall provide information regarding the name, address and firm
				  name of both the owner and operator, if applicable, and any other information
				  requested by the department, including descriptions or sketches of well
				  construction, geology, pump installation, plumbing, possible contamination
				  sources, property boundary, water use and water sample results, depending on
				  the type of application.
(3) PLANS
				  AND SPECIFICATION PREPARATION. Plans and specifications for a school water
				  system or wastewater treatment plant water system shall be submitted by a
				  registered professional engineer or licensed water well driller for wells, and
				  by a registered professional engineer or licensed pump installer for pumps,
				  discharge piping, storage tanks and controls.
(4) APPROVALS REQUIRED. Prior department
				  approval is required for the activities described in this subsection. When
				  deemed necessary and appropriate for the protection of public safety, safe
				  drinking water and the groundwater resource, the department may specify more
				  stringent well and heat exchange drillhole locations, well and heat exchange
				  drillhole construction or pump installation specifications for existing and
				  proposed high capacity, school or wastewater treatment plant water systems and
				  other activities requiring approval by this subsection. Approval by the
				  department does not relieve any person of any liability that may result from
				  injury or damage suffered by any other person. In addition, failure to comply
				  with any condition of an approval or the construction, reconstruction or
				  operation of any well or water system in violation of any statute, rule or
				  department order shall void the approval. Approval is required for all of the
				  following:
(a) The construction,
				  reconstruction, or operation of a high capacity well or high capacity well
				  system, including dewatering wells, school wells, and wastewater treatment
				  plant wells, except those actions specified in s.
				  281.34(2g),
				  Stats. An application for a high capacity well or high capacity well system
				  approval shall include, for every well, the location, construction or
				  reconstruction features, pump installation features, the proposed rate of
				  operation and the distance to nearby public utility wells, as defined in s.
				  196.01, Stats. A high
				  capacity well or high capacity well system approval is subject to all of the
				  following:
1. The department may deny
				  approval, grant a limited approval or modify an approval under which the
				  location, depth, pumping capacity or rate of flow and ultimate use is
				  restricted so that the supply of water for any public utility, as defined by s.
				  196.01, Stats., will
				  not be impaired. Reduced availability of groundwater to a public utility well
				  may be indicated when calculated drawdown, using estimated values for aquifer
				  characteristics, results in a reduction of 10% or greater in the public water
				  utility's saturated thickness based on pumping from the proposed high capacity
				  well or well system. The department may also deny approval or condition an
				  approval if the proposed or actual well location, water quality, well
				  construction or pump installation features or the use of the well does not
				  meet, at the time of application, the specifications of this chapter for new
				  well construction and pump installation or water use.
2. When an owner transfers the land on which
				  a high capacity well or high capacity well system is located, the owner shall
				  provide notice to the department as specified in s.
				  281.34(2g)
				  (c), Stats.
3. The owner or operator of a high capacity
				  well or well system shall submit pumpage and well water level reports to the
				  department on department forms at the time periods indicated by the
				  department.
4. Emergency approval
				  for a high capacity well or high capacity well system may be granted when fire
				  hazard, imminent crop damage or other similar emergency requires expedited
				  approval, if the owner submits the request in writing with a justification of
				  the emergency, and if the department determines that the high capacity well or
				  high capacity well system meets the requirements of s.
				  281.34(5),
				  Stats.
5. High capacity test
				  drillholes or up to 2 geothermal heat exchange drillholes may be constructed
				  without approval to test for aquifer yield to determine if a high capacity
				  well, heat exchange drillhole or high capacity well system is feasible. The
				  well casing pipe for such test drillholes shall not exceed 6 inches in diameter
				  unless the well driller notifies the department. High capacity test drillholes
				  may not be converted to permanent high capacity wells unless approved by the
				  department prior to construction. High capacity test drillholes may be test
				  pumped at a rate of 70 gallons per minute or more without department
				  notification or approval under this section if the test does not last more than
				  a total of 72 hours. After testing, the drillhole shall be filled and sealed
				  according to the requirements of s.
				  NR
				  812.26 or shall be converted, within 90 days following
				  approval, to a high capacity well, heat exchange drillhole or high capacity
				  well system that meets the requirements of this chapter or ch. NR 811 and of
				  any approved plans and specifications.
Note:
State v. Michels Pipeline
					 Construction, Inc.
, 63 Wis.2d 278, 217 N.W.2d 339 (1974) established
					 that the doctrine of reasonable use applies to property rights in groundwater.
					 Persons adversely affected by the operation of a high capacity well or well
					 system may take action against the operator or owner of the high capacity well
					 or well system.
6. The
				  department may allow a high capacity well with a pumping capacity less than 70
				  gallons per minute to be constructed and to be installed with a pump according
				  to low capacity standards if aquifer characteristics warrant less stringent
				  construction requirements.