Current through September 30, 2024
Section NR 845.09 - Well location and pump installation permits(1) Permits shall be issued from the office of the ordinance administrator designated by the county board of supervisors.(2) The administrator may not issue a permit for an application that shows noncompliance with ch. 280, Stats., or ch. NR 812 or the county ordinance. Only the department may issue variances.(3) The property owner shall be responsible for obtaining all permits. The well constructor or pump installer shall be responsible for ascertaining that all permits have been obtained or arrangements as specified in sub. (7) were made to obtain the permits before proceeding with well construction or pump installation. The county may grant authorization to proceed with well construction or pump installation after the required notification as specified in sub. (7) has been made. Well location permit applications and pump installation permit applications shall be signed by the property owner or the property owner's designated agent. Permits shall be issued to the property owner. Well location and pump installation permit applications shall be submitted to the administrator at least 2 working days prior to construction or installation if the owner, well constructor or pump installer is interested in receiving information about potential contamination sources such as landfills; underground storage tanks; primary and replacement on site sewage disposal system areas on the development site and on adjacent properties; and special casing areas. Where a well location or pump installation permit application is submitted less than 2 working days prior to construction, the well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.(4) The administrator or designated representative shall assist applicants in preparing applications and approve, disapprove or notify an applicant of the need to seek a variance or special approval from the department or return the permit application due to incompleteness for all private water systems to be constructed or modified in the county within 2 working days following submission of the permit application. A county may reserve final approval or disapproval action of a permit which requires department action until the variance or special approval request has been acted on by the department.(6) The county may establish a schedule of fees for issuance of the permits and related inspections. Related inspections include inspections of new and existing private water systems commensurate with the county's authorized level of delegation.(7) The well construction, pump installation or both may proceed immediately without the required county permit provided the property owner or the property owner's designated agent gives notice to the administrator prior to construction or installation. Notification shall include the owner's name, address, property legal description, proposed starting date and identification of the person who will be obtaining the permit. Unless other arrangements are made with the administrator, the permit shall be applied for on the first workday following initial construction or installation. The well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.(8) When construction or installation occurs on a weekend or holiday, notification shall be provided to the administrator on the first workday following the weekend or holiday in the manner described in sub. (7). Unless other arrangements are made with the administrator, the permit application shall be obtained on the first workday following the weekend or holiday. The well constructor or pump installer shall be responsible for maintaining full compliance with all provisions of ch. NR 812.(9) A permit transfer application shall be submitted to the county when there is a change of well constructor, pump installer, or property owner after the application is submitted, but before well construction or pump installation is completed. Failure to submit a transfer application to the county shall invalidate a previously-issued permit. The application shall be on a form available from the department.(10) As soon as the well location or pump installation permit is received, it shall be displayed conspicuously at the well site during construction or installation and for a minimum of 7 days following completion of construction or installation or until the well and/or pump has been inspected by county staff, whichever occurs first.(11) The administrator shall issue written notice to each applicant whose permit application is disapproved. An application shall be disapproved if construction or installation would result in noncompliance with ch. NR 812, or if a construction or installation variance or special approval request was denied by the department. Each notice shall: (a) State the specific reason for denial.(b) Inform the applicant of the right to request a variance or special approval from the department and the procedures for requesting a variance or special approval.(12) A well location or pump installation permit shall be valid for a period of one year or until construction or installation is completed, whichever occurs first. If the permit expires, a new application shall be submitted to the administrator. Reapplications shall be evaluated so that construction or installation will comply with the provisions of ch. NR 812 in effect at the time of the reapplication. The administrator may require additional inspection and fees for reapplications.Wis. Admin. Code Department of Natural Resources NR 845.09
Cr. Register, January, 1987, No. 373, eff. 2-1-87; renum. from NR 145.09, am. (2), (3), (7), (10), (11) and (12), r. (5) and (8), cr. (8), Register, August, 1995, No. 476, eff. 9-1-95; correction in (2) made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532.