Section 812.08. Water well, heat exchange drillhole, reservoir and spring location.

 

(1)   General. Any potable or nonpotable well, reservoir, or spring shall be located:

(a) So the well and its surroundings can be kept in a sanitary condition.

(b) At the highest point on the property consistent with the general layout and surroundings if reasonably possible, but in any case protected against surface water flow and flooding.

(c) As far away from any known or possible source of contamination as the general layout of the premises and the surroundings allow.

(d) Such that any potential contaminant source, not identified in this section or in Table A, is a minimum of 8 feet from the well, reservoir, or spring.

(e) Every well shall be located so that it is reasonably accessible with proper equipment for cleaning, treatment, repair, testing, inspection and any other maintenance that may be necessary.

(f) In a manner to meet the additional location and construction specifications of s. NR 812.12 (3) , (15) , (16) , and (17) .

(2)   Relation to buildings. In relation to buildings, the location of any potable or nonpotable well shall be as follows:

(a) When a well is located outside it shall be located so that the top of the well casing pipe extends at least 12 inches above the final established ground grade and in a manner such that it is not directly in line with a rainwater downspout outlet or other similar clear water discharge that creates a sanitary hazard to the well.

(b) When a structure is built over a drilled well, it shall have an easily removable access hatch, or provide other practicable access to allow for pulling and servicing the pump. The well casing pipe shall extend at least 12 inches above ground grade or above the ground-grade floor of the building and shall be sealed watertight at the point where it extends through the floor.

(c) No well may be located, nor a building constructed, such that the well casing pipe will terminate in a basement or extend through the basement of any building or terminate under the floor of a building having no basement. A well may not terminate in or extend through a crawl space having a below ground grade depression or excavation.

(d) The top of a well casing pipe may terminate in a walkout basement if the following conditions are met:

1. It is possible to walk directly outside from the walkout basement without walking upstairs or upslope.

2. The surface of the ground around the outside exit door of the walkout basement slopes down away from the door.

3. The well and pump installation are accessible for repair and removal.

4. The well produces water continuously free from contaminants in excess of the drinking water standards of s. NR 812.06 .

5. The well casing pipe depth meets the requirements of s. NR 812.42 (1) (b) .

6. The well and pump installation are in compliance with all other requirements of this chapter.

7. The walkout basement is not subject to flooding

8. The walkout basement is not in a floodway or floodplain.

(e) A well may not terminate in or extend through a crawl space having a below grade depression or excavation.

(f) If a well must be located in a driveway, parking area, walkway or other high traffic area due to lot size or to meet minimum required separation distances between the well and contaminant sources, the well may be contained within a driveway ramp structure without department approval providing the driveway ramp meets the specifications of s. NR 812.36 . Driveway ramps may not be constructed or located in a floodway or floodplain.

(g) A yard hydrant may not be installed within or on a well.

(3)   Relation to floodplains.

(a) A potable or nonpotable well may be constructed, reconstructed or replaced in a floodfringe provided that the top of the well is terminated at least 2 feet above the regional flood elevation for the well site.

(b) A well may be reconstructed or replaced in a floodway provided that the top of the well is terminated at least 2 feet above the regional flood elevation for the well site.

(c) A well may not be constructed on a floodway property that is either undeveloped or has building structures but no existing well.

(d) The regional flood elevation may be obtained from the department.

(4)   Relation to contamination sources. Minimum separating distances between any new potable or nonpotable well, heat exchange drillhole, reservoir or spring and existing sources of contamination; or between new sources of contamination and potable or nonpotable wells, heat exchange drillholes, reservoirs or springs shall be maintained as described in this subsection. The minimum separating distances of this subsection do not apply to dewatering wells approved under s. NR 812.09 (4) (a) . Greater separation distances may be required for wells requiring plan approval under s. NR 812.09 . Separation distance requirements to possible sources of contamination will not be waived because of property lines. Separation distances shall be measured from the edge of the well, reservoir or spring, to the nearest edge of the contamination source. Minimum separating distances are listed in Table A and are as follows:

(a) Eight feet between a well or reservoir and a:

1. Buried gravity flow sanitary building drain having pipe conforming to ch. SPS 384 ;

2. Buried gravity flow sanitary building sewer having pipe conforming to ch. SPS 384 ;

7. Cistern;

9. Noncomplying pit, subsurface pumproom, alcove, or reservoir;

10. Nonpotable well;

11. Fertilizer or pesticide storage tank with a capacity of less than 1,500 gallons, but only if the well is nonpotable and if the tank is not buried;

12. Plastic silage storage and transfer tube;

14. Swimming pool, measured to the nearest edge of the water;

15. Dog or other small pet house, pet animal shelter or kennel housing not more than 5 adult pets on a residential lot;

16. A ditch, but not including a river or stream;

17. Buried liquid propane (L.P.) gas tank as specified in ch. SPS 340 ; or

18. Buried storm collector sewer or stormwater culvert.

(b) Twenty-five feet between a well or reservoir and a:

1. Buried grease interceptor or trap;

2. A septic tank, a POWTS treatment component, or a wastewater sump;

3. A holding tank or POWTS holding component;

4. Buried sanitary building drain or sanitary building sewer having pipe not conforming to ch. SPS 384 ;

5. Buried pressurized sanitary building sewer having pipe conforming to ch. SPS 384 ;

6. Buried gravity manure sewer;

7. Lake, pond, river, stream, or stormwater detention basin, measured to the regional high water elevation in the case of a lake or pond, to the edge of the floodway in the case of a river or stream, or to the edge in the case of a stormwater detention basin;

11. Buried pressurized sewer pipe conveying manure provided that the pipe meets ASTM specification D-2241, with standard dimension ratio of 21 or less or pressure pipe meeting the requirements of s. NR 110.13 or 811.62 ;

12. Fuel oil tank, serving a single family residence including any associated surface or buried piping;

14. Vertical shaft installed below grade used for intake of air for a heating or air conditioning system; or

15. Buried sanitary collector sewer serving 4 or fewer living units or having a diameter of 6 inches or less; or

16. Surface or basement liquid petroleum product tank with a capacity less than 1,500 gallons.

(c) Fifty feet between a well or reservoir and a:

1. POWTS dispersal component or a soil absorption unit receiving less than 12,000 gallons per day of design wastewater flow, including any existing, replacement or abandoned POWTS dispersal component or a soil absorption unit, within 3 years of abandonment, but not including a school soil absorption unit or a POWTS dispersal component. This subdivision includes absorption units both regulated and not regulated by ch. SPS 383 , but does not include a separation requirement for school wells;

2. Privy or pit privy;

3. Pet waste pit disposal unit;

4. Animal barn or animal shelter;

5. Animal yard;

6. Silo;

7. Buried sewer used to convey manure having pipe conforming to ch. SPS 384 that does not meet the specifications in par. (b) ;

8. Liquid tight manure hopper or reception tank;

9. Filter strip;

10. Buried sanitary collector sewer serving more than 4 living units or larger than 6 inches in diameter. The department's Bureau of Watershed Management, under s. s. 281.41 , Stats., may approve the installation of a collector sewer at a distance of less than 50 feet from a well if the sewer is installed a distance of at least 25 feet from the well, and if, within a 50-foot radius of the well, the sewer pipe meets the AWWA requirements for water main equivalent type, and if the sewer is installed in a manner that meets the leakage requirements of AWWA C600;

11. An influent sewer to a wastewater treatment plant;

12. The nearest existing or future grave site in cemeteries;

13. Wastewater treatment plant effluent pipe;

14. Buried pressurized sewer having pipe not conforming to ch. SPS 384 ;

15. Manure loading area;

16. Bulk surface storage tank or other container with a capacity less than or equal to 1,500 gallons for any solid, semi-solid or liquid product, including any associated above ground piping, but not including any associated buried piping regulated under par. (d) 1. This subdivision includes, but is not limited to petroleum barrels, drums, product tanks and waste oil tanks. This subdivision does not include septic, holding, and manure reception tanks; tanks regulated under par. (a) 11. , fuel oil tanks regulated under par. (b) 12. or liquid propane tanks regulated under par. (a) 17. ;

17. Barn gutter;

18. Animal barn pen;

19. Outlet from a milk house drain; or

20. Vegetated treatment area.

(d) One hundred feet between a well or reservoir and a:

1. Bulk surface storage tank with a capacity greater than 1,500 gallons or any bulk buried storage tank including, for both surface or buried tanks, regardless of capacity, any associated buried piping, for any solid, semi-solid or liquid product but not including those regulated under par. (b) 12. or (c) 16. This subdivision includes, but is not limited to petroleum product tanks, waste oil tanks and pesticide or fertilizer storage tanks not regulated under par. (a) 11. This subdivision does not include septic, holding and manure reception tanks;

2. Liquid-tight, fabricated manure or silage storage structure, in ground or at ground surface;

3. Wastewater treatment plant structure, conveyance or treatment unit;

4. Dry fertilizer or pesticide storage building or area when more than 100 pounds of either or both materials are stored, in packages or in bulk;

5. Well, drillhole or water system used for the underground placement of any waste, surface or subsurface water or any substance as defined in s. 160.01 (8) , Stats.;

6. Stormwater infiltration basin or system;

7. Uncovered storage of silage on the ground surface;

8. Water-tight silage storage trench or pit;

9. Lift station.

10. Recycling facility or scrap metal processing facility;

11. Liquid-tight sludge drying bed; or

12. Pesticide or fertilizer mixing or loading area.

(e) Two hundred feet between a school well and a soil absorption unit receiving less than 8,000 gallons per day, existing or abandoned.

(ee) One hundred fifty feet between a well or reservoir and a temporary manure stack.

(f) Two hundred fifty feet between a well or reservoir and a:

1. Manure stack.

2. Earthen or excavated manure storage structure or waste storage facilities.

3. Soil absorption unit receiving 8,000 or more gallons per day, existing, abandoned, or alternate.

4. Sludge landspreading or drying area.

5. An earthen silage storage trench or pit.

6. Liquid waste disposal system including, but not limited to a treatment pond or lagoon, ridge and furrow system and spray irrigation system.

7. Salvage yard or junkyard.

8. A salt or deicing material storage area including the building structure and the surrounding area where the material is transferred to vehicles. This subdivision includes those structures or areas that store deicing material mixtures of sand and salt that have a salt content at or exceeding 5%, but does not include bagged deicing material.

9. Solid waste processing facility.

10. Solid waste transfer facility.

11. The boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch. NR 718 while that facility is in operation.

(fm) Five hundred feet between a well and an existing quarry or proposed quarry expansion.

(g) Twelve hundred feet between a well or reservoir and:

1. The nearest edge of the limits of filling of an existing, proposed or abandoned landfill, measured to the nearest fill area of abandoned landfills, if known. Otherwise measured to the nearest property line where the landfill is located. The department may require, as part of a variance request, a land survey map, a scaled diagram of the landfill and the well location, or another accurate measurement method to determine and demonstrate the distance between the landfill and the well;

2. The nearest edge of a coal storage area in excess of 500 tons; or

3. A hazardous waste treatment facility regulated by the department. - See PDF for table

(5)  H eat exchange drillhole separation distances. Minimum separation distances between any heat exchange drillhole, water supply wells, and existing sources of contamination; or between new sources of contamination and existing heat exchange drillholes shall be maintained as described in this subsection. Separation distance requirements to possible sources of contamination will not be waived because of property lines. Minimum separating distances are ten feet between a heat exchange drillhole and each of the following:

(a) Non-municipal water supply well.

(b) Onsite waste disposal system.

(c) Buried fuel storage tank.

History: Cr. Register, January, 1991, No. 421 , eff. 2-1-91; am. (1) (b) 1., (2) (a) to (c), (4) (a) 5., 9., 12. and 13., (b) 1., 5., 7., 11. and 13., (c) 10. to 13., (d) 1. to 3., (f) 6. to 8., (g) 1. and Table A, cr. (1) (e), (4) (a) 14. and 15., (b) 14. and 15., (c) 14. and 15., (d) 4. to 9. and (ee), r. (4) (b) 8., Register, September, 1994, No. 465 , eff. 10-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465 ; correction in (4) (d) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1996, No. 489 ; cr. (4) (f) 11., am. Table A, Register, December, 1998, No. 516 , eff. 1-1-99; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516 ; CR 05-020 : am. (4) (g) 1. Register January 2006 No. 601 , eff. 2-1-06; CR 09-123 : am. (4) (b) 11. Register July 2010 No. 655 , eff. 8-1-10; correction in (4) (a) 1., 2., 4., (b) 4., 5., (c) 7., 10. b., 14., (d) 1., Table A made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; CR 13-096 : am. (title), (4) (intro.), cr. (5), CR 13-099 : am. (1) (intro.), (b) (intro.), r. (1) (b) 1., 2., cr. (1) (f), am. (2) (a) to (c), cr. (2) (d) to (g), am. (4) (intro.), (a) 1., 2., r. (4) (a) 3. to 6., 8., am. (4) (a) 11., r. (4) (a) 13., am. (4) (a) 14., 15., cr. (4) (a) 16. to 18., am. (4) (b) 2. to 4., 7., r. (4) (b) 9., 10., am. (4) (b) 12., r. (4) (b) 13., am. (4) (b) 15., cr. (4) (b) 16., am. (4) (c) 1., 2., 4., renum. (4) (c) 10. (intro.) to 10. and am., r. (4) (c) 10. a., b., cr. (4) (c) 16. to 20., am. (4) (d) 1., 4., 6., cr. (4) (d) 10. to 12., am. (4) (f) 2., 7., 8., cr. (4) (fm), am. Table A Register September 2014 No. 705 , eff. 10-1-14; correction in (4) made under s. 35.17, Stats., Register September 2014 No. 705 ; 2015 Wis. Act 197 s. 43 Register April 2016 No. 724 .

Note

Section PSC 114.234 (6) requires that a horizontal clearance of at least 3/4 of the vertical clearance of the conductors, including overhead power lines to the ground required by Rule 232 shall be maintained between open conductors and wells. Persons installing wells must comply with this requirement. Microsoft Windows NT 6.1.7601 Service Pack 1 The department recommends that when a well is located adjacent to a building, it be located so the center line of the well extended vertically will clear the overhang of any building by not less than 2 feet to allow for well reconstruction and for pulling the pump. Microsoft Windows NT 6.1.7601 Service Pack 1 Wells terminating in basements and below-grade crawl spaces often pose a sanitary hazard to safe drinking water so they have not been allowed to be constructed, nor have screens been allowed to be replaced since April 10, 1953. Many wells terminating in basements or crawl spaces do not meet the requirements of Subchapter IV. Microsoft Windows NT 6.1.7601 Service Pack 1 This paragraph does not apply to wells located in alcoves or subsurface pumprooms adjoining a basement. Microsoft Windows NT 6.1.7601 Service Pack 1 For potable wells and buried tanks, see par. (d) 1. Microsoft Windows NT 6.1.7601 Service Pack 1 For the minimum separating distance to a river or a stream, see par. (b) 7. Microsoft Windows NT 6.1.7601 Service Pack 1 A POWTS treatment component includes a private wastewater treatment tank. Microsoft Windows NT 6.1.7601 Service Pack 1 The separation distance requirements of this subsection do not apply to synthetically-lined decorative yard ponds located on residential lots. Microsoft Windows NT 6.1.7601 Service Pack 1 The department recommends that potable wells be installed at least 25 feet from an agricultural crop field, sludge or septage landspreading or drying area. Microsoft Windows NT 6.1.7601 Service Pack 1 For the minimum separation requirement for soil absorption units relative to school wells, see par. (e); for soil absorption units or POWTS dispersal components receiving more than 12,000 gallons per day of design wastewater flow see par. (f) 3. Microsoft Windows NT 6.1.7601 Service Pack 1 AWWA C600 is a standard for the “Installation of Ductile-Iron Water Mains and Their Appurtenances" and provides, in section 5.2, hydrostatic water-pressure testing methods and the allowable leakage allowances. Microsoft Windows NT 6.1.7601 Service Pack 1 Variances from the separating distances may be granted as specified in s. NR 812.43 for earthen storage and manure stacks constructed and maintained to the previous specifications of Soil Conservation Standards No. 425 or 312, or for waste storage facilities constructed and maintained to the present specifications of Natural Resources Conservation Service Standard No. 313. Microsoft Windows NT 6.1.7601 Service Pack 1 Variance from this separating distance may be granted for treatment ponds or lagoons constructed and maintained to an approval granted under ch. NR 213 . Microsoft Windows NT 6.1.7601 Service Pack 1   ^ The department recommends that a well be separated from any adjacent building such that the centerline of the well, extended vertically, will clear any projection of the building by not less than two feet. Microsoft Windows NT 6.1.7601 Service Pack 1   ° The minimum separating distance between a well and a collector sewer serving more than 4 living units or larger than 6 inch diameter is 50 feet regardless of whether the well or the sewer was installed first. Microsoft Windows NT 6.1.7601 Service Pack 1   * “None" Although there were no minimum separation distances required by the code between these possible sources of contamination and a well or reservoir prior to 1975, and in some cases, prior to 1981, it is strongly recommended that the present standard minimum separation distance requirements be met whenever possible. Microsoft Windows NT 6.1.7601 Service Pack 1   ** Distances were developed under the Public Health Service Grade A Milk Ordinance and have been used by the department of agriculture, trade and consumer protection field inspectors. Microsoft Windows NT 6.1.7601 Service Pack 1   *** Variances from these separating distances may be granted for earthen manure storage and temporary manure stacks meeting specifications of Soil Conservation Service Standards No. 425 and 312, respectively. Microsoft Windows NT 6.1.7601 Service Pack 1   # Variances from this minimum separating distance may be granted for treatment ponds or for storage or treatment lagoons constructed and maintained to the requirements of an approval granted under ch. NR 213 . Microsoft Windows NT 6.1.7601 Service Pack 1   ## After Feb. 1, 1991 and prior to October 1, 1994 the minimum separating distance between a well or reservoir and a lift station is based on the presence of a sewer force main at the lift station. Microsoft Windows NT 6.1.7601 Service Pack 1   ### Between Feb. 1, 1991 and October 1, 2014, NR 812.12 (16) required that when a quarry was located within 1200 feet of any proposed well, the upper enlarged drillhole and well casing pipe depth requirements were to be referenced from the bottom of the quarry. Effective October 1, 2014, NR 812.12 (16) states the requirements for when a quarry is located within 500 feet of any proposed water well. Microsoft Windows NT 6.1.7601 Service Pack 1   @@ While there is no minimum separation distance requirement between a potable well and a heat exchange drillhole, if the construction or operation of a geothermal heat exchange drillhole system adversely affects the operation of any private wells on neighboring properties, the department approval of the geothermal heat exchange drillhole system will not negate the protection to which private well owners are entitled under Wisconsin case law relating to groundwater. The department approval also does not relieve the well driller, property owner or geothermal heat exchange drillhole system operator of any liability which may result from injury or damage suffered by any person upon operation of the geothermal heat exchange drillhole system. (This means that if a nearby property owner can demonstrate that their water supply well has been adversely affected by the construction or operation of the geothermal heat exchange drillhole system, there is case-law precedent that would help support a claim brought by a neighbor to try to mitigate any negative impacts caused by the construction or operation of the system. The injured party may seek relief under the modified reasonable use doctrine set forth in State of Wisconsin v. Michels Pipeline Construction, Inc. , 63, Wis. 2nd, 278 (1974). - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1