Current through August 26, 2024
(1) For the
purposes of this section:
(a) "Drillhole"
includes any excavation or opening that is deeper than it is wide, even if it
extends less than 10 feet below the ground surface.
(b) "Well" includes any excavation that is
deeper than it is wide regardless of the excavation's depth or
purpose.
(2) The use of
any well, drillhole or water system for the placement of any waste, surface or
subsurface water or any substance, as defined in s.
160.01(8),
Stats., underground is prohibited unless any of the following apply:
(a) The placement is a department-approved
activity necessary for any of the following:
1. The construction, rehabilitation or
operation of a well, drillhole or water system.
2. The construction of a cathodic protection
drillhole approved under s.
NR 812.09.
3.
The remediation of contaminated soil, groundwater or an aquifer.
4. The study of groundwater conditions under
sub. (4).
(b) The
placement consists of grouting, sealing or filling and sealing materials as
specified in s.
NR 812.20 or 812.26; grouting or filling and
sealing materials as specified in s.
NR 811.13;
annular space sealing or filling and sealing materials specified in s.
NR 141.13 or 141.25; or other similar materials
containing additives approved under sub. (3).
(c) The placement consists of bentonite
grout, cement or concrete, or other similar materials containing additives
approved under sub. (3), for the purposes of soil or excavation site
stabilization, tunnel support, underpinning or foundation strengthening,
groundwater control or diversion or for limiting structural
settlement.
(3) The
department may approve alternative materials or additives that are to be used
in conjunction with the activities noted under sub. (2). Approval shall be
based on, but not limited to, such factors as the potential toxicity of an
alternative material or additive, the effectiveness of an alternative material
or additive for its specified use, the amount or quantity of material to be
used, and the potential for use of an alternative material to result in
groundwater contamination or otherwise harm human health or the
environment.
(4) Only department
approved groundwater tracers may be used for hydrogeologic studies. Approval
shall be based on, but not limited to, such factors as the potential toxicity
of a tracer, the effectiveness of a tracer for its use as specified in an
application for approval, and the potential for use of a tracer to result in
groundwater contamination or otherwise harm human health or the environment. A
list of previously approved groundwater tracers is available from the
department upon request.
(5) The
following activities are not prohibited by this section:
(a) Circulation of water or a food-grade heat
exchange fluid through a closed-loop heat pump system in a drillhole.
(b) Construction of a structure such as, but
not limited to, a building foundation, support footing, elevator shaft, lift
station, utility conduit, sump, mine shaft or equipment vault.
(c) Except for the disposal of a waste
material, the placement of a solid object such as, but not limited to, a
cathodic protection device, coffin, piling, pole or post.
(d) Horticultural or agricultural practices,
other than those activities that involve the use of a well or drillhole for the
placement of a waste material or drainage water underground.
(e) Injection activities conducted in
conjunction with placement of backfill into an underground nonferrous metallic
mine approved under ch. NR 132 or in connection with placement of backfill into
an underground ferrous mine approved under subch. III of ch. 295,
Stats.
