Section 845.16. Department responsibilities.


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  • (1) Department approval. The department may specify categories of private well construction or pump installation requiring department approval.
    (2) Review and audit. The department shall periodically review and audit each county's private water systems program and ordinance adopted under s. 59.70 (6) , Stats., to ascertain compliance with ch. 280 , Stats. , ch. NR 812 and this chapter. The review shall include a random audit of well location or pump installation permit applications, field inspection forms and other correspondence and verification of county inspections by on-site inspections conducted by the department.
    (3) Compliance. If a county ordinance or delegation program is not in compliance, the department may revoke the authority of the county to enforce the ordinance. Revocation shall be made pursuant to written department findings made after a public hearing held in the county upon 30 days advance notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with ch. 280 , Stats. , and department rules adopted thereunder.
    (4) Variances. The department may issue a variance under s. NR 812.04 allowing the well construction or pump installation features of a private water system to vary from ch. NR 812 requirements if department approved conditions are met.
    (5) Training services. The department shall conduct or approve training programs for county inspectors and be available to advise county inspectors.
    (6) Correspondence. The department shall refer inquiries related to a county's level of delegation to the county for follow-up. Follow-up procedures are described in the uniform private water systems guidance manual. The department shall provide counties with copies of correspondence relevant to their authorized delegation levels concerning private water systems within their jurisdiction.
    (7) Guidance manual. The department shall maintain a uniform private water systems guidance manual outlining procedures for inspections and investigations and related information. Copies of the guidance manual shall be provided by the department to counties.
    (8) Forms. The department shall make available standardized forms to counties for use in the administration of ch. NR 812 and the county ordinance at the county's authorized level of delegation.
    (9) County offices. The department shall maintain a list of county offices issuing private well location and pump installation permits. The list shall include office location, office hours, name of ordinance administrator and office telephone number.
    (10) Model ordinance. The department shall have a model ordinance available for use by counties.
    (11) Noncommunity water systems. The department shall provide counties with level 2, 3 or 4 delegation a list of noncommunity water systems in their jurisdiction.
History: Cr. Register, January, 1987, No. 373 , eff. 2-1-87; renum. from NR 145.16 and am., Register, August, 1995, No. 476 , eff. 9-1-95; corrections in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532 .