Wis. Admin. Code Department of Natural Resources NR 815.06

Current through September 30, 2024

Section NR 815.06 - Prohibitions

The following activities are prohibited:

(1) Construction of a class I injection well or use of a well as a class I injection well.

Note Use of a well to place a hazardous waste underground is prohibited as specified in s. NR 665.0430. Use of a well to place municipal or domestic wastewater underground is prohibited as specified in s. NR 206.07(2) (d). Use of a well to place a pollutant underground is prohibited as specified in s. NR 214.04(3).

(2) Construction of a class II injection well or use of a well as a class II injection well.

(3) Construction of a class III injection well or use of a well as a class III injection well.

(4) Construction of a class IV injection well or use of a well as a class IV injection well, unless the well is to be used to reinject treated contaminated groundwater back into the formation from which the groundwater was drawn and is approved by the department as part of a remedial action necessary for the cleanup of soil or groundwater contamination as specified in s. NR 665.0430(2)

Note Injection for remediation purposes requires a written approval from the department in order to meet the requirements of ss. NR 140.28(5) and 812.05. Injection requires a written exemption be granted under s. NR 140.28(5). Injection of groundwater that meets the definition of hazardous waste or contains a hazardous waste for remediation purposes requires a written approval under s. NR 665.0430(2).

(5) Construction of a class V injection well or use of a well as a class V injection well without the approval of the department, or other designated regulatory agency as specified in subch. IV, unless the construction or use of the class V injection well is specifically allowed by administrative rule. The following activities are allowed:

(a) Circulation of water or 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) 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.

Note Use of any unauthorized injection well is prohibited under federal law, as specified in 40 CFR 144.11.

(6) Operation, maintenance, conversion, plugging, closure or any other alteration of an injection well in a manner that results in a violation of the provisions of ch. 160, Stats., or otherwise results in the endangerment of an underground source of drinking water.

Note Endangerment of an underground source of drinking water is prohibited under federal law, as specified in 40 CFR 144.12.

(7) Construction or use of a large-capacity cesspool.

Note Use of a large-capacity cesspool is prohibited under federal law, as specified in 40 CFR 144.85. Use of any cesspool is prohibited as specified in ch. SPS 383.

(8) Construction or use of a new injection well to disperse or otherwise discharge a fluid containing a waste from motorized vehicle repair or maintenance activities underground.

Note Construction or use of an injection well to dispose of fluids containing wastes from motorized vehicle repair or maintenance activities was prohibited as of April 5, 2000, as specified in 40 CFR 144.85. Any subsurface fluid distribution system constructed prior to this date which continues to be used to dispose of wastes from motorized vehicle repair or maintenance activities must comply with the land treatment provisions of s. NR 214.16 or it is prohibited. The discharge of waste fluids from motorized vehicle repair or maintenance activities to any other well is prohibited.

(9) Construction or use of an improved sinkhole to place drainage water, wastewater or any other fluid containing a pollutant or substance underground.

Wis. Admin. Code Department of Natural Resources NR 815.06

CR 01-104: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (4) made under s. 13.92(4) (b) 7, Stats., Register November 2010 No. 659.

Amended by, CR 13-057: am. (5) (e) Register July 2015 No. 715, eff.8/1/2015.