Section NR 845.06 - County administration(1) COUNTY ADMINISTRATION. (a)Adoption o fordinance. Each county authorized by the department to administer and enforce ch. NR 812 under any delegation level shall adopt a private water systems ordinance, no less stringent nor more stringent than ch. 280, Stats., and department rules adopted under ch. 280, Stats. The ordinance shall be commensurate with the level or levels of the county's delegated authority. The ordinance shall apply to the entire county and shall include cities, towns, villages and sanitary districts in the county.(b)Repeal o fordinance. A county may rescind participation in the delegation program by repealing the private water system ordinance in its entirety or by repealing portions of the ordinance authorizing participation in a specific delegation level. The county shall notify the department of its intention to withdraw from participation in the county delegation program in writing at least 30 days prior to date of repeal of all or any part of the county ordinance.(c)Ordinance provisions.1. The county ordinance shall be consistent with the county's authorized delegation level: a. Prohibit the installation of a private water system by a well constructor or pump installer unless the owner of the property on which the system is to be installed holds a valid permit as required by the county ordinance.b. Prohibit the installation or operation of a private water system which is not in compliance with ch. NR 812 and the county ordinance.c. Require the abandonment of wells or drillholes in accordance with standards established in ch. NR 812. A county may require the abandonment of a well 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.2. The county's ordinance shall authorize the administrator or the trained county inspectors to: a. Enter property to inspect private water systems during reasonable hours. To administer and enforce the county ordinance, the administrator or county inspectors may enter any building or property for the purpose of inspecting the private water system and may request the owner or operator to produce any private well location or pump installation permit required by the county ordinance. No person may interfere with the administrator or county inspectors in the performance of their duties. Any person interfering is subject to penalty as provided in the county ordinance. If consent to enter property for inspection purposes is denied, the administrator may obtain a special inspection warrant under s. 66.0119, Stats.b. Order any person owning, operating or installing a private water system to abandon, modify, repair or replace the private water system in a complying, safe and sanitary condition if the system is not in compliance with the standards established in s. NR 812.26.c. Prohibit the use of any new or existing private water system that is found to be installed, constructed, operated or maintained so as to be a health hazard to the users, neighbors or community.d. Order the suspension of all further work on a private water system until any preceding noncompliant work is brought into compliance with ch. NR 812 and the county ordinance. The administrator or county inspectors may order suspension and the posting of a suspension order if it is determined that the location or construction of a private well or the installation of a pump does not comply with ch. NR 812 or the county ordinance. The administrator shall notify the well constructor, pump installer and property owner in writing of the noncompliance and the nature of the work to be discontinued and corrected, identifying the location and the name of the person issuing the order. Work may be resumed on the site only under the direction of the administrator.(d)Conflicting ordinances. Any county or municipal ordinance relating to private water systems other than an ordinance adopted under par. (a) or approved by the department under ch. NR 811 may not be enforced. (e)Unauthorized ordinances. Counties and other local units of government not authorized by the department to adopt and enforce an ordinance under par. (a) for either private well construction or pump installation or both, may not enforce unauthorized ordinances. (f) Delegation levels. Counties may not carry out or enforce programs related to ch. NR 812 beyond their authorized level of delegation.(2) COUNTY QUALIFICATIONS. A county is required to provide an adequate number of staff trained at a level designated by the department to assure adequate administration and enforcement of ch. NR 812 before the department may delegate level 1, 2, 3, 4 or 5.(3) ORDINANCE ADMINISTRATION. The county board of supervisors may assign administration of the private water systems program to any appropriate county office, department, committee, board or commission that shall have the authority and the duty to administer and enforce the provisions of the county ordinance adopted under sub. (1)(a) and (c). (a)Qualifications of the administrator for the private water systems ordinance.1. To be eligible for appointment as administrator of the private water systems ordinance, a person shall be knowledgeable about the principles and practices of private well construction and abandonment and pump installation. The department recommends that the administrator take the examination and attend the training sessions commensurate with the level or levels of authorized county delegation.2. If the administrator has a personal interest in the construction or modification of any private well or pump installation subject to the provisions of ch. 280, Stats., ch. NR 812 or the county ordinance, the county board shall, after consultation with the department, designate another knowledgeable person to examine the application, to issue the required permits and to make any or all of the necessary inspections.(b)Duties. It shall be the duty of the administrator or her or his designated representative to enforce the county ordinance and perform the following duties commensurate with the level or levels of the county's delegation authority:1. Record all permits, fees, inspections and other official actions. 2.a. Submit copies of the processed permits, forms or correspondence within the timeframes specified in Table 1. Table 1
Delegation Authority | Permits, Forms, Correspondence | Timeframe 7 days 30 days |
Level 1 | Well Location Permit Application | Yes |
Field Inspection Forms | Yes |
Corrective, Enforcement Letters and Orders (Well Location and Abandonment) | Yes |
Level 2 | New and Existing Pump Installation Permits | Yes |
Field Inspection Forms | Yes |
Corrective, Enforcement Letters and Orders (Noncomplying Pump Installations) | Yes |
Level 3 | Well and Pump Installation Field Inspection Forms | Yes |
Corrective, Enforcement Letters and Orders (Non-Complying Welland Pump Installations) | Yes |
All Follow-up Letters Involving Noncommunity Water Systems | Yes |
Correspondence pertaining to well water samples with chemical or radiological contaminants exceeding drinking water standards. | Yes |
Correspondence pertaining to confirmed unsafe water samples | Yes |
Inventory Information and Sample Results Form for Noncommunity Water Systems | Yes |
Drinking Water Analyses, Except Bacti, from County or Private Laboratories | Yes |
Level 4 | Well Construction Field Inspection Form | Yes |
Corrective, Enforcement Letters and Orders (Noncomplying Well Constructions) | Yes |
Level 5 | Field Inspection Forms | Yes |
Corrective Enforcement Letters and Orders for Well Abandonment | Yes |
b. All counties shall submit samples of routine county information correspondence not identified in Table 1 to the department. Thereafter, copies of county correspondence, having samples on file at the department, need not be sent to the department. If significant modifications are made to routine county information correspondence or new correspondence letters formulated, sample copies shall be sent to the department.c. After a one-year period of county participation in level 3, the department may modify portions of the level 3 copy submittal requirements. The central office shall make this decision on a case-by-case basis.d. The department may review or request a copy of any inspection report, correspondence or water quality data pertaining to the county's delegation level. The department may require the use of standardized forms for reporting water quality data.e. The department may reinstitute, increase or decrease delegation level correspondence submittal requirements for participating counties as deemed necessary by the central office. The department shall provide the county 30 days notice, in writing, of any reinstituted, increased or decreased submittal requirements.f. The department will provide standardized private water system permit application and field inspection forms for use in the delegation program. Note: The forms are available from the Department of Natural Resources, 101 S. Webster, P.O. Box 7921, Madison, WI 53707-7921.
3. Submit a summary report to the department, upon request, by the 60th day following the end of the calendar year. The summary report shall include: a. Number of permits issued;b. Number of permits denied;c. Number of inspections completed;d. Number of compliance orders issued;e. Number of compliance orders complied with;f. Number of complaints investigated; andg. Any other information requested by the department.4. Inspect private water systems upon completion or during installation using the procedures set forth in the uniform private water systems guidance manual and record the inspections on forms provided by the department. If the county's level of delegation does not authorize the inspection of the entire private water system, the county shall complete the inspection in accordance with the authorized delegation level. Inspections beyond a county's authorized delegation level shall be the responsibility of the department. Note: The forms are available from the Department of Natural Resources, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921.
5. Require the abandonment of wells or drillholes in accordance with standards established in ch. NR 812. A county may require the abandonment of a well 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.6. Investigate cases involving noncompliance with the private water systems ordinance, ch. 280, Stats., or ch. NR 812, issue orders to abate the noncompliance and submit complaints to the district attorney or corporation counsel for enforcement.7. Investigate and record all private water system complaints related to the county's delegation level.8. Refer complaints and cases of noncompliance that are believed to be or known to be beyond the scope of the county's delegation level to the department.9. Cooperate with all other governmental units and agencies in the enforcement of all state and local laws and regulations of matters related to this chapter.10. Assist the department in: a. Conducting studies to determine the cause or extent of a groundwater contamination incident.b. Investigating the activities of unregistered well constructors and pump installers.c. Investigating the use of questionable materials or methods by well constructors or pump installers.d. Inspecting private water systems.e. Collecting water samples within the scope of resources available to the county.11. Refer variance requests and actions which require department approval to the department.12. Advise owners not to drink or use water from private water systems under the following conditions: a. Private wells producing bacteriologically-unsafe water as described in the uniform private water systems guidance manual from samples submitted to the state laboratory of hygiene or a laboratory certified by the department of agriculture, trade and consumer protection under ch. ATCP 77.b. Private wells, except noncommunity, having a level of contamination exceeding a primary drinking water standard specified in ch. NR 809 or a state health advisory limit issued by the department in 2 separate samples submitted to a laboratory certified or registered under s. 299.11, Stats., and ch. NR 149, or the state laboratory of hygiene.c. Other cases of private well contamination after consultation with and approval by the department.Wis. Admin. Code Department of Natural Resources NR 845.06
Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (2) (b), am. (1) (a), (1) (c) (intro), 1. c., 2. a. and b., (1) (d), (3) (a) 1., (3) (b) 2. a. Table I, 5. and 12. b., and renum. and am. (2) (a) to be (2), Register, February, 1991, No. 422, eff. 3-1-91; renum. from NR 145.06 and am., Register, August, 1995, No. 476, eff. 9-1-95; corrections in (1), (3) (a) 2., (3) (b) 6., 12., made under s. 13.93(2m) (b) 6 and 7., Stats., Register, April, 2000, No. 532; correction in (1) (c) 2. a. was made under s. 13.93(2m) (b) 7, Stats., Register, January 2013, No. 685.