Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 31 - Groundwater protection program
Section ATCP 31.02 - Groundwater test results; use by department

Universal Citation: WI Admin Code ยง ATCP 31.02

Current through August 26, 2024

(1) USE OF OFFICIAL GROUNDWATER TEST RESULTS. An official groundwater test result is presumed to be reliable for purposes of regulatory or enforcement action under this chapter whether or not the department collected or analyzed the official groundwater sample.

(2) USE OF UNOFFICIAL GROUNDWATER TEST RESULTS. A regulatory or enforcement action under this chapter may be based on a groundwater test result which is not an official groundwater test result only if the department determines that the unofficial groundwater test result is reliable for purposes of the regulatory or enforcement action.

Note: If an unofficial groundwater sample is not determined to be reliable for purposes of regulatory or enforcement action under this chapter, the department may nevertheless:

1. Refer the unofficial groundwater test result to the department of natural resources, with or without a recommendation for official sampling and testing.

2. Inform affected persons of the unofficial groundwater test result.

3. Refer the unofficial groundwater test result to state or local health authorities, and to county agricultural extension agents.

4. Initiate further investigation or research related to the unofficial groundwater sample result.

(3) MEMORANDUM OF UNDERSTANDING. Pursuant to ss. 160.21(2) (e) and 160.27, Stats., the department shall enter into a memorandum of understanding with the department of natural resources to ensure the reliability of official groundwater test results used by the department for purposes of regulation and enforcement under this chapter. The memorandum of understanding shall govern the reporting and certification of official groundwater test results to the department by the department of natural resources. It shall also govern the collection, handling and analysis of official groundwater samples by the department of natural resources or its designated agents. The memorandum of understanding shall include:

(a) Standards for the collection of official groundwater samples, including standards related to:
1. Collection equipment and containers.

2. Collection procedures.

3. Collection records.

(b) Standards for the handling of official groundwater samples, including:
1. Temperature conditions under which samples are to be kept.

2. Time periods within which samples are to be analyzed.

3. Chain of custody requirements.

(c) Standards for the analysis of official groundwater samples, including:
1. Required quality assurance programs for laboratories engaged in the analysis of official groundwater samples under this chapter.

2. Control sample requirements.

3. Required analytical methods.

4. Required confirmation of analytical results.

5. Instrument calibration and maintenance requirements.

6. Required analytical worksheets and documentation.

7. Chain of custody requirements in the laboratory.

8. Requirements for the timely reporting of analytical results.

9. Continuing sample custody requirements.

10. Access to laboratory records by the department and the department of natural resources.

(d) Contract requirements applicable to designated agents engaged in the collection or analysis of official groundwater samples under this chapter.

(e) Reports and certifications required to accompany official groundwater samples and test results obtained by designated agents of the department of natural resources.

(f) Standards for the reporting and certification of official groundwater test results to the department by the department of natural resources.

(4) DEPARTMENT CONTRACTS WITH AGENTS DESIGNATED TO COLLECT OR ANALYZE OFFICIAL GROUNDWATER SAMPLES. Every person or entity designated to collect or analyze an official groundwater sample as the agent of the department, rather than as the agent of the department of natural resources, shall first enter into a written contract with the department. Contracts shall include specific standards for the collection, handling and analysis of official groundwater samples, to ensure the reliability of official groundwater test results used by the department for purposes of regulation and enforcement under this chapter. Agents contracting directly with the department shall be held to the same requirements which are applicable to agents designated by the department of natural resources pursuant to a memorandum of understanding under sub. (3).

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