Current through August 26, 2024
Upon the approval of the department, a county may receive
authorization to administer ch. NR 812 at level 5 and at one of one or more of
the other 4 levels. The department may authorize county delegation programs
which the department determines to be substantially equivalent to those
described in this section. At each delegation level, the county shall
investigate complaints and take enforcement actions related to their authorized
delegation level. The 5 delegation levels are:
(1) LEVEL 1 - PRIVATE WELL LOCATION. Under
Level 1 delegation a county shall:
(a) Issue
permits authorizing the location of new and replacement private wells,
including drilled, driven point, dug, bored or jetted wells, or the
reconstruction or rehabilitation of existing private wells.
(b) Conduct inspections of new, replaced,
reconstructed or rehabilitated private well installations for which well
location permits were required as soon as possible after the well is
constructed.
(c) Determine whether
the casing height of a permitted well complies with ch. NR 812 and that there
is a cap or seal on the upper terminus of the well.
(d) Require upgrading of all inspected
private wells that are not in compliance with the minimum private well
locational distances in ch. NR 812.
Note: Counties authorized under level 1 prior to
March 1, 1991 are authorized to conduct both level 1 and level 5
responsibilities.
(2) LEVEL 2 - WELL LOCATION AND PUMP
INSTALLATION PERMITS. Under level 2 delegation a county shall:
(a) Issue permits for the installation of a
pump on new, replaced, rehabilitated or reconstructed private water systems.
This permit may be incorporated in a joint well location/pump installation
permit system.
(b) Issue permits
for pump installations on existing private water systems when a change is made
in the nature of the connection between the well and the water supply piping or
when a different type of pump is installed.
(c) Conduct inspections of new and existing
pump installations for which pump installation permits were required as soon as
possible after the pump installation work is completed.
(d) Require upgrading of all inspected
private water systems that are not in compliance with the minimum private well
location and pump installation code standards in ch. NR 812.
(3) LEVEL 3 - EXISTING PRIVATE
WATER SYSTEMS. Under level 3 delegation a county shall:
(a) Follow-up on all initial
bacteriologically-unsafe sample results in the county, that the county is
informed of, from all private water systems located in the county covered under
this chapter submitted to the county health department laboratory or other
laboratories certified by the department of health services under s.
143.14, 1993 Stats. Initial
unsafe sample follow-up shall consist of, at a minimum, a telephone contact or
form letter, but may be an on-site visit. The county shall advise the property
owner what action should be taken and offer further assistance. Follow-up on
initial bacteriologically-unsafe results from samples analyzed by the state
laboratory of hygiene need not be done by the county. If further assistance is
requested following a second unsafe sample submitted to the state laboratory of
hygiene, the county health department laboratory or other laboratories
certified by the department of health services, the county shall follow the
procedures described in the uniform private water systems guidance manual.
Problems with private water systems which require action beyond the authorized
delegation level of the county shall be referred to the department.
(b) Annually inspect 10% of the existing
noncommunity water systems located in the county. The county shall collect
coliform bacteria and nitrate samples for the systems inspected each year and
follow-up on bacteriologically-unsafe samples and samples exceeding the primary
drinking water standard for nitrates. Follow-up procedures are described in the
uniform private water systems guidance manual. When all noncommunity wells in
the county have been inspected and sampled under this program, the county shall
repeat the inspection and analysis procedure described in this
paragraph.
(c) On the request of a
property owner or a lending institution, conduct an inspection of the well and
pump installation and collect a water sample for coliform bacteria analysis,
and if also requested collect a nitrate-nitrogen sample, for the private water
system.
(d) Conduct a private water
system inspection and evaluation whenever any water sample is collected as part
of complaint or problem follow-up unless authorized not to do so by the
department.
(e) Require upgrading
of all inspected private water systems that are not in compliance with the
minimum well location and pump installation standards of ch. NR
812.
(4) LEVEL 4 -
PRIVATE WELL CONSTRUCTION. Under level 4 delegation a county shall:
(a) Inspect new private wells during the
actual construction phase or immediately following construction to ensure
compliance with ch. NR 812 well construction requirements.
(b) Follow-up on problems with new and
existing private water systems due to well construction, in addition to
problems associated with pump installation or private well location.
(c) Check the well driller's license,
equipment and materials to ensure that department approved materials and
methods are used. Follow-up procedures are described in the uniform private
water systems guidance manual.
(5) LEVEL 5 - WELL AND DRILLHOLE ABANDONMENT.
Under level 5 delegation a county shall require the abandonment of wells and
drillholes in accordance with standards established in s. NR 812.26. A county
with level 5 delegation may also require the abandonment of a well, as defined
in this chapter, 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.
