Statement of Scope
Department of
Natural Resources
Relating to
:
|
NR 812 – Well Construction and Pump Installation
|
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2
.
Detailed description of the objective of the
proposed
rule
:
The primary objectives of
ch.
NR 812
revisions
are to
correct
and
clarify
,
streamline processes, update construction standards, and ensure consistency with federal and state law.
Specific objectives include
:
a.
Correct
errors in NR 812.08
separation distances
and
other code provisions that resulted from past rulemaking
, and address related
Revisor
notes
.
b.
Clarify
definitions and terms.
c.
Update
and consolidate figures for clarity and accuracy.
d.
Update
well and
drillhole
location
requirements to ensure clarity and appropriate protection from contamination sources.
e.
Clarify
laboratory certification requirements for required sampling.
f.
Streamline
and clarify
approval processes and requirements.
g.
Streamline
nitrate and arsenic sampling
frequency
.
h.
Streamline
water treatment
requirements for
private wells
.
i
.
Update
standards in NR 812, Subchapter II
to reflect
current
industry methods
,
equipment
and materials,
and streamline related processes
.
j.
Update
code to be consistent with current laws, including
ch
s
.
28
0
and
28
1
, Wis. Stats.
and
ch.
NR 809
, Wis. Adm. Code.
k.
Evaluate
offset pump installation requirements.
l.
Clarify
citation authority
.
m.
Clarify
license and applicability for well and
drillhole
filling and sealing
.
n.
Address
emerging contaminant issues
.
o.
Improve
overall organization of rule content.
Additional rule changes may be considered to accomplish the objectives described in this scope statement.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
NR 812, Wis. Adm. Code establishes uniform standards for the location, construction or reconstruction, maintenance and inspection of wells and water systems and heat exchange
drillholes
, for the filling and sealing of wells and
drillholes
, and for the installation and maintenance of pumping and treatment equipment.
Proposed revisions are intended to
address 3 major areas:
•
correct
errors or unclear language,
•
streamline
existing processes and requirements, and
•
update
standards which have not been revised for over 20 years.
Policy Area
|
Alternatives
|
Comments
|
Correct errors and clarify language
|
No rule revision
Program guidance
Correct errors only
Clarify language only
|
•
Failure to
correct and
clarify code language
maintains
confusion for regulated community, inconsistent
implementation, and
inefficiency
for DNR staff
•
Program guidance has been issued to
a
ddress
some
errors, but does not have force of law
|
Streamline processes and requirements
|
No rule revision
Program guidance
Some streamlining
|
•
Failure to streamline maintains existing unclear procedures, unnecessary burden for regulated community, and
inefficiency
for DNR staff
•
Program guidance cannot be used to modify procedures or requirements
Streamlining some, but not all, procedures and requirements misses the opportunity to address customer
requests
for clarity and efficiency
|
Update standards
|
No rule revision
Program guidance
|
•
Failure to update standards maintains outdated code language that does not match current industry practices
, is inconsistent with state and federal law
, and misses the opportunity to improve groundwater protection during well construction
•
Program guidance cannot be used to update standards
|
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
Section
227.11
(2)
(a)
(intro.)
, Wis. Stats.
, ,
provides that a state agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute,” subject to certain restrictions.
Chapter
280
, Wis. Stats., establishes the statutory authority and framework for regulation of Well Drilling, Heat Exchange Drilling and Pump Installation. Section
280.11
, Wis. Stats., specifically directs the department to
prescribe,
publish and enforce
minimum reasonable standards and
rules for methods to
be pursued to
obtain
pure
drinking water
for human consumption
, and
to establish
safeguards deemed necessary in protecting the public health against the hazards of polluted sources of
impure water supplies intended or used for human consumption
.
This
statute
gives the department
general supervision and
control over
all methods of obtaining groundwater for human consumption including
the construction or reconstruction of
wells
,
authority
to prescribe, amend, modify or repeal any
applicable
rule
and to perform any act deemed necessary for the safeguarding of public health
.
Chapter
281
, Wis. Stats.,
gives
the department
authority
to regulate groundwater withdrawals, and
includes
enforcement authorities.
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
NR 812 rule revisions are
expected
to require approximately
860
department
employee
hours
.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
a.
Private
well owners
b.
Licensed
well drillers
, heat exchange drillers
and pump installers
c.
Certified
laboratories
d.
N
oncommunity
public water system owners
e.
Local
and
public health officials
f.
Wisconsin
Water Well Association
g.
Wisconsin
Geothermal Association
h.
Wisconsin
Department of Health Services
i
.
Wisconsin
Geologic and Natural History Survey
Industry representatives have provided input, and are in general support of the
proposed rule
objectives
.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
Federal law does not
directly
regulate the construction
of
wells
or heat exchange
drillholes
, and does not regulate the installation of pumps
.
For public drinking water systems, Wisconsin is a primacy state
,
with the primary responsibility to enforce state drinking water regulations consistent with the federal Safe Drinking Water Act. One federal requirement of
Wisconsin’s
primacy role is that
the state
assures that the design and construction of new or substantially modified public water system facilities will be capable of compliance with the State primary drinking water regulations.
For
noncommunity
public drinking water systems, NR 812, Wis. Adm. Cod
e,
provides the design and construction standards to meet this federal requirement.
8
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
The Department’s preliminary determination is that
proposed
rule changes to NR 812
will have
minimal economic impact
(less than $50,000 per year and with unquantifiable environmental benefits)
. The “information and advice period” is anticipated to be 30 days to ensure adequate time for affected entities to provide input.
Overall the proposed changes are expected to reduce regulatory burden and clarify requirements, with
industry savings resulting in
a net positive economic impact on small businesses.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding
4
public hearings in
December
2017
. Hearing cities
are anticipated to be
:
Eau Claire, Wausau, Green Bay, Madison
.
Technology options will be explored to hold all hearings concurrently, reducing DNR staff time and travel costs.
These locations will
provide
access to convenient hearing locations for interested parties around the state.
Contact Person:
Liesa
Lehmann
Private Water Section Chief, Bureau of Drinking Water and Groundwater
(608)267-7649
