Section NR 812.43 - Variances(1) When strict compliance with the requirements of this chapter is not feasible, a variance may be requested. All variance requests shall be in writing, except for situations that may require an immediate response, in which case a variance may be requested verbally from the owner, or the owner's agent, and a verbal variance may be granted by the department to be followed up with a written confirmation. If the verbal request is made by the owner's agent, the agent shall provide confirmation of the owner's concurrence with the request. A variance request shall include the names of the owner or owners and, if known, the well or heat exchange driller, well constructor or pump installer. The reason or reasons compliance with the requirements for this chapter is not feasible shall also be provided. The department may require the owner or the owner's agent to submit additional information necessary for the department to determine if a variance is justified. The owner or owners or the owner's agent shall sign the variance request. The department may condition the issuance of a variance by requiring additional construction or installation features to safeguard the groundwater and water supplied by the installation from contamination. Failure to comply with the conditions of a variance or the applicable requirements of this chapter voids the variance approval.(a) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a proposed landfill or landfill expansion, shall be signed and submitted to the department by the owner of the well or by the owner of the landfill. Both parties shall have the right to appeal the variance approval, pursuant to ch. 227, Stats. 1. If the application for a variance has been submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A.2. In cases where the application for a variance has been submitted by the well owner, the application shall include documentation that written notification of the variance request has been provided to the landfill owner.(b) A variance request to the separation distance specified in s. NR 812.08 Table A for an existing water supply well within 1,200 feet of a landfill may be granted by the department where conditions warrant, using the concept of comparable protection. Comparable protection may be provided by appropriate measures including a deeper well casing depth setting, specific grouting materials or methods, specific drilling methodology or additional well water sampling results. These measures will be determined by the department for the purpose of safeguarding the groundwater and the water supply from potential sources of contamination.(c) A variance request to the separation distance specified in s. NR 812.08 Table A for a well to be constructed within 1,200 feet of a landfill not subject to expansion shall be signed and submitted to the department by the owner of the well. If a variance is granted, the department shall notify the landfill owner. If the landfill owner is unknown, the department shall notify the municipality where the landfill is located.(2) The department may grant a variance to the casing depth construction requirement specified in s. NR 812.14(2) if the well constructor or well constructor's agent demonstrates, and the department agrees, that adequate water quantity or water quality is not available below the required casing depth. If a variance is granted under this paragraph, the department may require additional conditions in the variance approval, including continuous chlorination or permanent cement grouting to the ground surface.Wis. Admin. Code Department of Natural Resources § NR 812.43
Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), Register, September, 1994, No. 465, eff. 10-1-94; CR 05-020: rn. (1) to be (1) (intro.) and am., cr. (1) (a) to (d) Register January 2006 No. 601, eff. 2-1-06; CR 13-096: am. (1) (intro.), CR 13-099, am. (1) (intro.), r. (1) (d) Register September 2014 No. 705, eff. 10-1-14.Amended by, correction in s. 13.92(4) (b) or 35.17(2), 2015 Wis. Act 197 s. 49 Register April 2016 No. 724, eff.5/1/2016Amended by, CR 18-095: am. (1) (a) (intro.), 1., (b), (c), r. and recr. (2) Register June 2020 No. 774, eff. 7/1/2020