Section 123.03. Definitions.

 

(1)  "Advisory" means a written opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.

(2)  "Alternate water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means, or a temporary connection to an existing private water supply, supplied at a capacity sufficient to satisfy water use functions impaired by the contaminated private water supply.

(3)  "Approval" means a written approval of the department.

(4)  "Connection to an existing private water supply" means a connection to an existing private water supply that tests free from coliform bacteria, and is not a contaminated private water supply.

(5)  "Contaminated well" or "contaminated private water supply"means a well or a private water supply which:

(a) Produces water containing one or more substances of public health concern, other than bacteria or nitrates, in excess or a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143 ; or

(b) Produces water containing one or more substances of public health concern, other than bacteria or nitrates, in excess of an enforcement standard established in ch. NR 140 ; or

(c) Is subject to an advisory for substances other than bacteria or nitrates; or

(d) Is a livestock water supply or is a residential water supply which is used as a source of potable water for livestock as well as for a residence, and;

1. Is used at least 3 months each year and while in use provides an estimated average of more than 100 gallons per day for consumption by livestock; and

2. Produces water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen.

(6)  "Department" means the department of natural resources.

(7)  "Dwelling unit" means a principal or part-time residence such as a second home or vacation or recreation residence.

(9)  "Lessee" means:

(a) A claimant who has a lease with a property owner with provisions for the lessee to perform property improvements; or

(b) A claimant who has a lease with a property owner and who has secured the property owner's permission for improvement of the private water supply through the owner's signature on the claim form or a letter from the owner.

(10)  "Livestock" has the meaning specified in s. 95.80 (1) (b) , Stats., and includes poultry.

(11)  "Livestock water supply" means a well which is used as a source of potable water only for livestock and which is:

(a) Approved by the department of agriculture, trade and consumer protection for grade A milk production under s. 97.24 , Stats.; or

(b) Constructed by boring or drilling.

(12)  "Municipality" means a city, town, village, county, county or other utility district, or town sanitary district.

(13)  "Municipal water supply" means a private or public water supply owned or operated by a municipality.

(14)  "Not feasible" means not physically, mechanically or functionally possible.

(15)  "Plumbing" means that portion of the water distribution piping extending from the well to the various distribution points of use.

(16)  "Private water supply" means a residential water supply or a livestock water supply.

(17)  "Public water supply" means a system used for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

(18)  "Pump installer" has the meaning specified in ch. NR 812 .

(19)  "Records" means books, documents, papers, accounting records, other evidence relating to project work, and accounting procedures and practices.

(20)  "Replacement water supply" means:

(a) Reconstruction of a contaminated private water supply;

(b) Construction of a new private water supply;

(c) Provision of a public water supply to replace the contaminated private water supply; or

(d) Connection to an existing private water supply.

(21)  "Residential water supply" means a well which is used as a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units.

(22)  "Sand point well" has the same meaning as a "driven point well" as defined in ch. NR 812 .

(24)  "Well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells and springs.

(25)  "Well driller" has the meaning specified in ch. NR 812 .

Cr. Register, March, 1986, No. 363 , eff. 4-1-86; r. (8) and (23), Register, February, 1991, No. 422 , eff. 3-1-91 ; correction in (18), (22) and (25) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477 .