Section 812.05. Disposal of pollutants; injection prohibition.

 

(1)  For the purposes of this section:

(a) “Drillhole" includes any excavation or opening that is deeper than it is wide, even if it extends less than 10 feet below the ground surface.

(b) “Well" includes any excavation that is deeper than it is wide regardless of the excavation's depth or purpose.

(2)  The use of any well, drillhole or water system for the placement of any waste, surface or subsurface water or any substance, as defined in s. 160.01 (8) , Stats., underground is prohibited unless any of the following apply: 

(a) The placement is a department-approved activity necessary for any of the following:

1. The construction, rehabilitation or operation of a well, drillhole or water system.

2. The construction of a cathodic protection drillhole approved under s. NR 812.09 .

3. The remediation of contaminated soil, groundwater or an aquifer.

4. The study of groundwater conditions under sub. (4) .

(b) The placement consists of grouting, sealing or filling and sealing materials as specified in s. NR 812.20 or 812.26 ; grouting or filling and sealing materials as specified in s. NR 811.13 ; annular space sealing or filling and sealing materials specified in s. NR 141.13 or 141.25 ; or other similar materials containing additives approved under sub. (3) .

(c) The placement consists of bentonite grout, cement or concrete, or other similar materials containing additives approved under sub. (3) , for the purposes of soil or excavation site stabilization, tunnel support, underpinning or foundation strengthening, groundwater control or diversion or for limiting structural settlement.

(3)  The department may approve alternative materials or additives that are to be used in conjunction with the activities noted under sub. (2) . Approval shall be based on, but not limited to, such factors as the potential toxicity of an alternative material or additive, the effectiveness of an alternative material or additive for its specified use, the amount or quantity of material to be used, and the potential for use of an alternative material to result in groundwater contamination or otherwise harm human health or the environment. 

(4)  Only department approved groundwater tracers may be used for hydrogeologic studies. Approval shall be based on, but not limited to, such factors as the potential toxicity of a tracer, the effectiveness of a tracer for its use as specified in an application for approval, and the potential for use of a tracer to result in groundwater contamination or otherwise harm human health or the environment. A list of previously approved groundwater tracers is available from the department upon request. 

(5)  The following activities are not prohibited by this section:

(a) Circulation of water or a food-grade heat exchange fluid through a closed-loop heat pump system in a drillhole.

(b) Construction of a structure such as, but not limited to, a building foundation, support footing, elevator shaft, lift station, utility conduit, sump, mine shaft or equipment vault.

(c) Except for the disposal of a waste material, the placement of a solid object such as, but not limited to, a cathodic protection device, coffin, piling, pole or post.

(d) Horticultural or agricultural practices, other than those activities that involve the use of a well or drillhole for the placement of a waste material or drainage water underground.

(e) Injection activities conducted in conjunction with placement of backfill into an underground nonferrous metallic mine approved under ch. NR 132 or in connection with placement of backfill into an underground ferrous mine approved under subch. III of ch. 295 , Stats.

History: Cr. Register, January, 1991, No. 421 , eff. 2-1-91; am. Register, September, 1994, No. 465 , eff. 10-1-94; am. Register, May, 2000, No. 533 , eff. 6-1-00; CR 13-099 : am. (2) (b) Register September 2014 No. 705 , eff. 10-1-14; CR 13-057 : am. (5) (e) Register July 2015 No. 715 , eff. 8-1-15.