Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.06 - County administration

Current through June 24, 2024
(1) COUNTY ADMINISTRATION.
(a)
Adoption o fordinance.
Each county authorized by the department to administer and enforce ch. NR 812
				under any delegation level shall adopt a private water systems ordinance, no
				less stringent nor more stringent than ch. 280, Stats., and department rules
				adopted under ch. 280, Stats. The ordinance shall be commensurate with the
				level or levels of the county's delegated authority. The ordinance shall apply
				to the entire county and shall include cities, towns, villages and sanitary
				districts in the county.
(b)
Repeal o fordinance.
A county may rescind participation in the
				delegation program by repealing the private water system ordinance in its
				entirety or by repealing portions of the ordinance authorizing participation in
				a specific delegation level. The county shall notify the department of its
				intention to withdraw from participation in the county delegation program in
				writing at least 30 days prior to date of repeal of all or any part of the
				county ordinance.
(c)
Ordinance provisions.
1. The
				county ordinance shall be consistent with the county's authorized delegation
				level:
a. Prohibit the installation of a
				private water system by a well constructor or pump installer unless the owner
				of the property on which the system is to be installed holds a valid permit as
				required by the county ordinance.
b. Prohibit the installation or operation of
				a private water system which is not in compliance with ch. NR 812 and the
				county ordinance.
c. Require the
				abandonment of wells or drillholes in accordance with standards established in
				ch. NR 812. A county may require the abandonment of a well with water exceeding
				a primary drinking water standard listed in ch. NR 809, or a state health
				advisory limit issued by the department, after consultation with and approval
				by the department.
2.
				The county's ordinance shall authorize the administrator or the trained county
				inspectors to:
a. Enter property to inspect
				private water systems during reasonable hours. To administer and enforce the
				county ordinance, the administrator or county inspectors may enter any building
				or property for the purpose of inspecting the private water system and may
				request the owner or operator to produce any private well location or pump
				installation permit required by the county ordinance. No person may interfere
				with the administrator or county inspectors in the performance of their duties.
				Any person interfering is subject to penalty as provided in the county
				ordinance. If consent to enter property for inspection purposes is denied, the
				administrator may obtain a special inspection warrant under s.
				66.0119,
				Stats.
b. Order any person owning,
				operating or installing a private water system to abandon, modify, repair or
				replace the private water system in a complying, safe and sanitary condition if
				the system is not in compliance with the standards established in s.
				NR
				812.26.
c.
				Prohibit the use of any new or existing private water system that is found to
				be installed, constructed, operated or maintained so as to be a health hazard
				to the users, neighbors or community.
d. Order the suspension of all further work
				on a private water system until any preceding noncompliant work is brought into
				compliance with ch. NR 812 and the county ordinance. The administrator or
				county inspectors may order suspension and the posting of a suspension order if
				it is determined that the location or construction of a private well or the
				installation of a pump does not comply with ch. NR 812 or the county ordinance.
				The administrator shall notify the well constructor, pump installer and
				property owner in writing of the noncompliance and the nature of the work to be
				discontinued and corrected, identifying the location and the name of the person
				issuing the order. Work may be resumed on the site only under the direction of
				the administrator.
(d)
Conflicting ordinances.
Any county or municipal ordinance relating to private water systems other than
				an ordinance adopted under par. (a) or approved by the department under ch. NR
				811 may not be enforced.
(e)
Unauthorized ordinances.
Counties and other local units of
				government not authorized by the department to adopt and enforce an ordinance
				under par. (a) for either private well construction or pump installation or
				both, may not enforce unauthorized ordinances.
(f)
Delegation levels.
Counties may not carry out or enforce programs related to ch. NR 812 beyond
				their authorized level of delegation.