Wis. Admin. Code Department of Natural Resources NR 146.04

Current through October 28, 2024

Section NR 146.04 - Initial applications for licenses or registrations

(1) GENERAL REQUIREMENTS.

(a) All new license and registration applications shall be submitted on forms specified by the department for this purpose. An applicant for a water well drilling rig operator registration shall be at least 18 years old. An applicant for an individual water well driller license shall be at least 20 years old. An applicant for a heat exchange drilling rig operator registration shall be at least 18 years old. An applicant for an individual heat exchange driller license shall be at least 20 years old.

Note: Pursuant to 29CFR 570.58 and Hazardous Occupations Order #7, persons under the age of eighteen are not lawfully permitted to operate a power-driven hoisting apparatus.

Note: Specified application forms will require on-line submittal after development of necessary information technology and training during continuing education.

(b) All information on an application shall be complete, true and accurate. The department may request an applicant to provide proof of any information submitted on the application.

(c) The department shall conduct review of completed applications within 65 business days. Incomplete applications shall be returned to the applicant.

(d) The license or registration shall be effective on the date the license or registration is issued by the department and expires on December 31 of each year. Licensees and registrants shall inform the department no later than 15 business days after any changes in the information on the application submitted to the department, including any change in status or ability of the licensed supervisory individual water well driller, licensed individual supervisory heat exchange driller, or licensed supervisory individual pump installer to perform their supervisory responsibilities.

(e) A veteran may request a fee waiver for a first-time license or operator certificate in accordance with the veterans fee waiver program under s. 45.44, Stats.

(2) WATER WELL DRILLER LICENSE. To be eligible for an individual water well driller license, an applicant shall meet all of the following requirements:

(a) Have 2 years of potable water well drilling experience, within the last 5 years, under the supervision of a Wisconsin licensed individual water well driller who provided direct supervision during the construction of the applicant's first 10 wells listed on the application and at least general supervision on the remaining water wells drilled during the experience period. The name and address of the supervisory water well driller, the dates of apprenticeship and a description of the activities conducted shall be provided to the department.

(b) Have operated the drilling rig performing all the water well drilling activities during the drilling of at least 30 potable wells; or for large-diameter, potable community water supply wells, performed at least 1500 hours of well drilling activities as defined in s. NR 146.02(10), in 2 years, a minimum of 10 wells or 750 hours each year. The water well drilling experience shall extend throughout the two- or three-year experience period. To fulfill this requirement, all wells drilled by the applicant during the experience period, including those not on the experience voucher, shall be constructed in accordance with all laws and rules and with any plans specifications, variances, and approvals approved by the department, including water samples and report submittal.

(cm) For a period of three months, have provided the department with at least 24-hour notice before starting any water well drilling activities.

(d) Submit a completed application. The water well driller license application shall include the name, address and signature of the supervisory water well driller, the dates during which a water well drilling rig operator registration was held, a description of the water well drilling activities performed, the names of well owners, their addresses and phone numbers, the legal descriptions of the locations of the wells, the dates the wells were constructed, the types and hours of activities for which the supervisory water well driller was present, and a recent photo of the applicant operating a well drilling rig during the construction of a water well in which his or her face can be seen clearly.

(dm) If the applicant holds a current heat exchange driller license, the applicant is not required to submit an additional fee to become a licensed water well driller.

(e) Have no record of any unlicensed water well drilling activities during the last five years.

(f) Have no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities in Wisconsin and have no violations that were repeated following notice from the department, and have no outstanding well construction reports, water samples or well filling and sealing reports from the past five years.

(g) Have held a water well drilling rig operator registration during the two- to three-year experience period and attended the department sponsored or department sanctioned continuing education for well drillers during the two- to three-year experience period.

(h) Except as provided in par. (j), for applications submitted after January 1, 2020, have completed online, classroom or hands-on coursework approved or sponsored by the department in each of the following subject areas for the specified number of hours:

1. Cement or Bentonite Grouting of Wells - 6 hours

2. Drilling Fluids - 6 hours

3. Geology of Wisconsin - 3 hours

4. The Well Codes - 6 hours

5. Well Filling & Sealing - 3 hours

6. Safety & First Aid - 3 hours

7. Welding - 6 hours

(i) After fulfilling pars. (a) to (h) and receiving a notice of eligibility from the department, demonstrate the ability, understanding, and competency to engage in the business of water well drilling in Wisconsin by passing an exam administered under s. NR 146.045.

Note: Exam topics may include scope of department rules, water well construction, reconstruction, rehabilitation and locational requirements as well as sampling and reporting requirements. The department will solicit exam topics and questions from licensed water well drillers.

(j) In lieu of completing the coursework under par. (h) 2., an applicant may pass the NGWA exams on Rotary Mud and Rotary Air Drilling.

(k) Submit the license application fee of $50.

(l) Meet with a department staff member to review and sign a list of compliance expectations. The applicant will receive the license at the conclusion of the meeting.

(2m) VOID APPLICATIONS; WATER WELL DRILLER. If the applicant fails to take and pass the examination under sub. (2) (i) within 2 years of receiving a notice of eligibility from the department, the application becomes void.

(3) PUMP INSTALLER LICENSE. To be eligible for a pump installer license an individual applicant shall meet all of the following requirements:

(a) Have no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities in Wisconsin, have no violations that were repeated following notice from the department and have no outstanding water samples or well filling and sealing reports from the past five years.

(b) Submit a completed application to the department.

(c) After meeting the requirements under pars. (a) and (b), demonstrate the ability, understanding, and competency to engage in the business of pump installing in Wisconsin by passing an exam administered under s. NR 146.045.

Note: Exam topics may include scope of department rules, well location and pump installation requirements and sampling and reporting requirements. The department will solicit exam topics and questions from licensed pump installers.

(d) Submit a license application fee of $25 to the department.

(e) If requested by the department, meet with a department staff member to review and sign a list of compliance expectations. The applicant will receive the license at the conclusion of the meeting.

(3m) VOID APPLICATIONS; PUMP INSTALLER. If a pump installer applicant fails to pass an examination under sub. (3) (c) within one year of submitting an examination application, the application shall become void.

(4) WATER WELL DRILLER BUSINESS REGISTRATION.

(a) All persons engaging in the business of water well drilling in Wisconsin shall obtain a business registration for each place of business or retail outlet.

(b) To be eligible for a business registration to engage in the business of water well drilling, the business applicant shall meet all of the following requirements:

1. At least one of the following conditions shall be met:

a. The person operating the business is an individually licensed water well driller.

b. An individually licensed water well driller has an ownership interest in the business.

c. An individually licensed water well driller is employed by the business.

d. The business contracts with an individually licensed water well driller.

2. The licensed individual water well driller under subd. 1. is available to provide adequate general and direct supervision of water well drilling activities and has signed an certificate of supervision for the water well drilling business registration as part of the application.

3. The licensed individual water well driller and any registered business for which the driller is or was the supervisory water well driller has a pattern of practice that complies with water well drilling, well filling and sealing and property transfer well inspection laws and rules.

4. The licensed individual water well driller and any registered business for which the water well driller is or was the supervisory water well driller has no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities, has no violations that were repeated following notice from the department, and has no outstanding well construction reports, water samples or well filling and sealing reports from the past five years.

5. The licensed individual water well driller has previous water well drilling experience with the drilling method, grouting method and type of machine that will be used by the business registration applicant.

(c) A completed business registration application for each place of business or retail outlet, signed by both the designated supervisory licensed individual water well driller and the owner of the business, shall be submitted by the applicant to the department with the $50 application fee.

(d) If requested by the department, the business owner shall meet with a department staff member to review and sign a list of compliance expectations. The business owner will receive the registration at the conclusion of the meeting.

(e) If the applicant holds a current heat exchange driller registration, the applicant is not required to submit an additional fee to become a registered water well driller.

(4m) SUPERVISORY WELL DRILLER RESPONSIBILITIES. The designated supervisory licensed individual water well driller is responsible for ensuring that potable well drilling and water well filling and sealing work performed by the business and its employees is conducted in compliance with all applicable laws and rules and with any plans, specifications, variances and approvals approved by the department. The designated supervisory licensed individual water well driller may be held legally and financially responsible for any corrections needed to noncomplying potable well drilling work or noncomplying water well filling and sealing work. The registered water well drilling business may also be held responsible for such corrections. The designated supervisory licensed individual water well driller shall have advance and specific knowledge of the potable well drilling and water well filling and sealing activities for all individuals which they are responsible to supervise.

(5) PUMP INSTALLER BUSINESS REGISTRATION.

(a) All persons engaging in the business of pump installing, well filling and sealing, or property transfer well inspections in Wisconsin shall obtain a business registration for each place of business or retail outlet.

(b) To be eligible for a business registration to engage in the business of pump installing, well filling and sealing, or property transfer well inspections, the business applicant shall meet all of the following requirements:

1. At least one of the following conditions shall be met:

a. The person operating the business is an individually licensed pump installer.

b. An individually licensed pump installer has an ownership interest in the business.

c. An individually licensed pump installer is employed by the business.

d. The business contracts with an individually licensed pump installer.

2. The licensed individual pump installer under par. (a) is available to provide adequate general and direct supervision of pump installing activities and has signed a certificate of supervision for the pump installing business registration as part of the application.

3. The licensed individual pump installer and any registered business for which the pump installer is or was the supervisory pump installer shall have a pattern of practice that complies with pump installing, well filling and sealing and property transfer well inspection laws and rules.

4. The licensed individual pump installer and any registered business for which the pump installer is or was the supervisory pump installer shall have no unresolved violations, judgments, court or administrative orders or settlements from previous well drilling, pump installing, well filling and sealing or property transfer well inspection activities and have no violations that were repeated following notice from the department. There shall also be no outstanding water samples or water well filling and sealing reports from the past five years.

(c) A completed business registration application, signed by both the designated supervisory licensed individual pump installer and the owner of the business shall be submitted by the business owner to the department for each place of business or retail outlet with the $25 application fee.

(6) SUPERVISORY PUMP INSTALLER RESPONSIBILITIES. The designated supervisory licensed individual pump installer is responsible for ensuring that potable pump installing and water well filling and sealing work performed by the business and its employees and welders is conducted in compliance with all applicable laws and rules and with any plans, specifications, variances or approvals approved by the department. The designated supervisory licensed individual pump installer may be held legally and financially responsible for any corrections needed to noncomplying potable pump installations and noncomplying water well filling and sealing work. The registered pump installing business may also be held responsible for such corrections. The designated supervisory licensed individual pump installer shall have advance and specific knowledge of the potable pump installing activities and water well filling and sealing work for all individuals which they are responsible to supervise.

(7) LICENSE OR REGISTRATION REQUIRED. No individual or person may engage in the business of water well filling and sealing without either a water well drilling license or registration, or a pump installer license or registration.

(8) WATER WELL DRILLING RIG OPERATOR REGISTRATION.

(a) To be eligible to become a registered water well drilling rig operator, the applicant shall have no unresolved violations, judgments, court or administrative orders, or settlements from previous water well drilling, pump installing, well filling and sealing or property transfer well inspection activities in Wisconsin, shall have no outstanding well construction reports, water samples or well filling and sealing reports from the past five years and shall not have engaged in the business of well drilling without a license within the past two years.

(b) An individual who seeks registration as a water well drilling rig operator shall apply to the department on a form specified by the department. The application shall be signed by the licensed individual supervisory well driller. The applicant shall include an application fee of $25.

(c) In order to retain registration as a water well drilling rig operator an individual shall comply with the requirements for continuing education in s. NR 146.07(3). The individual shall apply for registration renewal and pay a fee of $25 annually on or before January 1. The renewal application shall be signed by the licensed individual supervisory well driller.

(d) An individual who files an application for registration renewal or who pays the required annual fee after January 1 shall pay a late penalty of $15.

(e) Registered water well drilling rig operators may not engage in the business of water well drilling, except for performing water well drilling activities.

(f) An individual who is not a licensed water well driller or a registered water well drilling rig operator may only perform well drilling activities if the individual is employed by a licensed individual well driller or a registered water well drilling business and the individual is under the direct supervision of a licensed water well driller or a registered water well drilling rig operator who is on site during all water well drilling activities.

(9) HEAT EXCHANGE DRILLER LICENSE.

(a) To be eligible to take the exam for an individual heat exchange driller license, an applicant shall meet all of the following requirements:

1. Has been a registered heat exchange drilling rig operator for at the least 2 years within the 5 years before the date of applying for an individual heat exchange driller license.

2. Within the 5 years immediately prior to the date of applying for an individual heat exchange driller license, has completed a minimum of ten heat exchange drilling projects totaling at least 5000 feet of heat exchange pressure grouted drillhole or has completed a minimum of 30 pressure grouted wells including a minimum of 2500 feet of pressure grouted casing. Nonpotable pressure grouted wells, including pressure grouted environmental monitoring wells constructed under ch. NR 141, qualify toward the requirements of this subdivision. Experience obtained in a formal degree or apprenticeship program approved in advance by the department may qualify toward the requirements of this subdivision.

Note: The department will maintain a list of formal degree or apprenticeship programs providing experience that meets the requirements of this subdivision.

3. Was the individual who operated the drilling rig performing all the heat exchange well drilling activities during the period of the drilling experience under subd. 2. To fulfill this requirement all heat exchange drillholes included on the application shall be constructed in accordance with all laws and rules including reporting, and any department-approved plans, specifications, variances and approvals.

4. Submit a completed application that includes the following information regarding the heat exchange drilling experience under subd. 2.: the name, address and signature of the supervisory heat exchange driller, the dates during which a heat exchange drilling rig operator registration was held, a description of the heat exchange drilling activities performed, the names of well owners, their addresses and phone numbers, the legal descriptions of the locations of the heat exchange drillholes, the dates the heat exchange drillholes were constructed, the types and hours of activities for which the supervisory heat exchange driller was present, and a recent photo of the applicant operating a heat exchange or water well drilling rig in which the applicant's face can be seen clearly.

5. For a period of 3 months prior to the date of applying for an individual heat exchange driller license has provided the department with at least 24-hour notice before starting any heat exchange drilling activities as a heat exchange drilling rig operator in accordance with a letter from the department.

6. Has no record of any unlicensed heat exchange drilling activities after April 1, 2015 during the experience period listed on the individual heat exchange driller license application.

7. Has no unresolved violations, judgments, court or administrative orders or settlements from previous heat exchange drilling activities in Wisconsin and has no violations that were repeated following notice from the department.

8. Has attended the department sponsored or department sanctioned continuing education for heat exchange drillers during the experience period under subd. 1.

9. For applications submitted after January 1, 2020 has met department approved training requirements specific to heat exchange drilling.

10. Meet with a department staff member to review and sign a list of compliance expectations. The applicant will receive the license at the conclusion of the meeting.

(b) If the applicant meets the requirements of par. (a), and receives a notice of eligibility from the department, the applicant may take an exam administered under s. NR 146.045 to demonstrate ability, understanding, and competency to engage in the business of heat exchange drilling in Wisconsin.

Note: The department will solicit exam topics and questions from licensed heat exchange drillers.

(c) Submit the license application fee of $50. If the applicant holds a current water well driller license, the applicant is not required to submit an additional fee to become a licensed heat exchange driller.

(d) If the applicant fails to take and pass the exam under par. (b) within 2 years of receiving a notice of eligibility from the department, the application is void.

(10) HEAT EXCHANGE DRILLER BUSINESS REGISTRATION.

(a) All persons engaging in the business of heat exchange drilling in Wisconsin are required to obtain a business registration for each place of business or retail outlet.

(b) To be eligible for a business registration to engage in the business of heat exchange drilling, the applicant shall meet all of the following requirements:

1. At least one of the following conditions shall be met:

a. The person operating the business is an individually licensed heat exchange driller.

b. An individually licensed heat exchange driller has an ownership interest in the business.

c. An individually licensed heat exchange driller is employed by the business.

d. The business contracts with an individually licensed heat exchange driller.

2. The licensed individual heat exchange driller under subd. a. is available to provide adequate general and direct supervision of heat exchange drilling activities and has signed a certificate of supervision for the heat exchange drilling business registration as part of the application.

3. The licensed individual heat exchange driller and any registered business for which the heat exchange driller is or was the supervisory heat exchange driller has a pattern of practice that complies with heat exchange drilling laws and rules.

4. The licensed individual heat exchange driller and any registered business for which the driller is or was the supervisory heat exchange driller has no unresolved violations, judgments, court or administrative orders or settlements related to water well drilling, heat exchange drilling, or heat exchange well filling and sealing and has no violations that were repeated following notice from the department, and has no outstanding well construction reports, water samples or well filling and sealing reports from the past five years.

5. The licensed individual heat exchange driller has previous heat exchange drilling experience with the drilling methods, grouting methods and types of machines that will be used by the business registration applicant.

(c) A completed business registration application for each place of business or retail outlet, signed by both the designated supervisory licensed individual heat exchange driller and the owner of the business, shall be submitted by the applicant to the department with the $50 registration fee. If the applicant holds a current registration to engage in the business of water well driller drilling, the applicant is not required to submit an additional fee to become registered to engage in the business of heat exchange drilling.

(10m) SUPERVISORY HEAT EXCHANGE DRILLER RESPONSIBILITIES. The designated supervisory licensed individual heat exchange driller is responsible for ensuring that heat exchange drilling and heat exchange drillhole filling and sealing work performed by the business and its employees is conducted in compliance with all applicable laws and rules and with any plans, specifications, variances or approvals approved by the department. The designated supervisory licensed individual heat exchange driller may be held legally and financially responsible for any corrections needed to noncomplying heat exchange work or noncomplying heat exchange drillhole filling and sealing work. The registered heat exchange drilling business may also be held responsible for such corrections. The designated supervisory licensed individual heat exchange driller shall have advance and specific knowledge of the heat exchange drilling and filling and sealing activities of all individuals which they are responsible to supervise.

(11) HEAT EXCHANGE DRILLING RIG OPERATOR REGISTRATION.

(a) To be eligible to become a registered heat exchange drilling rig operator, the applicant shall have no unresolved violations, judgments, court or administrative orders or settlements from previous water well drilling, heat exchange drilling or filling and sealing activities in Wisconsin, shall have no outstanding well construction reports, water samples or filling and sealing reports from the past five years and shall not have engaged in the business of drilling without a license within the past two years.

(b) An individual who seeks registration as a heat exchange drilling rig operator shall apply to the department on a form specified by the department. The individual shall include an application fee of $25. If the individual has a current water well drilling rig operator registration in effect, the applicant does not need to submit an additional fee to become a registered heat exchange drilling rig operator. If an individual has a current heat exchange drilling rig operator registration in effect the applicant does not need to submit an additional fee to become a registered water well drilling rig operator.

(c) In order to retain registration as a heat exchange drilling rig operator an individual shall comply with the requirements for continuing education in s. NR 146.07(3). The individual shall apply for registration renewal and pay a fee of $25 annually on or before January 1. If the individual has paid the fee for a water well drilling rig operator registration for the same calendar year the applicant does not need to submit an additional fee to renew the heat exchange drilling rig operator registration.

(d) An individual who files an application for registration renewal or who pays the required annual fee after January 1 shall pay a late penalty of $15.

(e) Registered heat exchange drilling rig operators may not engage in the business of heat exchange drilling, except for performing heat exchange drilling activities.

(f) An individual who is not a licensed heat exchange driller or a registered heat exchange drilling rig operator may only perform heat exchange drilling if the individual is employed by a licensed individual heat exchange driller or a registered heat exchange drilling business and is under the direct supervision of a licensed heat exchange driller or a registered heat exchange drilling rig operator who is on site during all heat exchange well drilling activities.

Wis. Admin. Code Department of Natural Resources NR 146.04

Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (1) (a), (d), cr. (2) (dm), (e), (9) to (11), CR 13-099: am. (title), (1) (a), (b), (d), (2) (title), (intro.), (a), (b), renum. (2) (c) to (i) and am., cr. (2) (cm), (dm), am. (2) (d), cr. (2) (e) to (h), (j) to (L), (2m), am. (3) (title), (intro.), renum. (3) (a) to (c) and am., cr. (3) (a), am. (3) (b), cr. (3) (d), (e), (3m), r. and recr. (4), cr. (4e), (4m) to (8) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (2) (dm), (4) (e), (9) to (11) made under s. 13.92(4) (b) 1, Stats., correction in titles in (2m), (3m), (4m), (6), (7m), (10m) made under s. 13.92(4) (b) 2, Stats., Register September 2014 No. 705.

Amended by, correction in s. 13.92(4) (b) or 35.17(2), 2015 Wis. Act 197 s. 36 Register April 2016 No. 724, eff.5/1/2016

Amended by, EmR2123: emerg. cr. (1) (e), am. (2) (i), (2m), (3) (c), (3m), (9) (b), (c), eff. 8-21-21; CR 21-068: cr. (1) (e), am. (2) (i), (2m), (3) (c), (3m), (9) (b), (c) Register April 2022 No. 796, eff. 5-1-22; correction in (9) (b) made under s. 35.17, Stats., Register April 2022 No. 796, eff. 5/1/2022