Section NR 845.05 - Delegation levels 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.Wis. Admin. Code Department of Natural Resources NR 845.05
Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (1) (d), renum. (1) (e) to be (1) (d), am. (1) (intro.), (1) (a), (2) (intro.), (3) (intro.), (4) (intro.), cr. (5) Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.05 and am., Register, August, 1995, No. 476, eff. 9-1-95; correction in (3) (a) made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532.Amended by, correction in (3) (a) made under s. 13.92 (4) (b) 6, Stats., Register April 2023 No. 808, eff. 5/1/2023