2011 WISCONSIN ACT
150
An Act
to renumber
280.15 (2m) (f) 1. and 2.;
to renumber and amend
280.01 (2m), 280.13 (6), 280.15 (2m) (b), 280.15 (2m) (f) (intro.) (except 280.15 (2m) (f) (title)) and 280.15 (3g) (b);
to amend
59.70 (1), 59.70 (6) (title), 59.70 (6) (b), 280.01 (8), 280.13 (1) (intro.), 280.13 (1) (a), 280.13 (1) (e), 280.13 (2) (intro.), 280.13 (2) (d), 280.15 (title), 280.15 (1) (a) (intro.), 280.15 (1) (a) 1., 280.15 (1) (a) 2., 280.15 (1) (a) 3., 280.15 (1) (am), 280.15 (1) (b), 280.15 (1) (c), 280.15 (1) (d) 1., 280.15 (1) (d) 3., 280.15 (2m) (title), 280.15 (2m) (a), 280.15 (2m) (c) 1., 280.15 (2m) (f) (title), 280.15 (2m) (g) 1., 280.15 (2m) (g) 2., 280.15 (3r) (a), 280.15 (4), 280.30 (title), 280.30 (2) (a), 280.30 (2) (b), 280.30 (3) (a), 280.98 (2), 443.14 (12m) and 470.025 (9);
to repeal and recreate
chapter 280 (title) and 280.30 (2) (title); and
to create
280.01 (2b), 280.01 (2c), 280.13 (1) (cm), 280.13 (6) (b), 280.15 (2m) (am), 280.15 (2m) (f) 2m. and 280.30 (2m) of the statutes;
relating to:
regulation of persons engaged in drilling wells and heat exchange drillholes and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
59.70 (1) of the statutes is amended to read:
59.70
(1)
Building and sanitary codes.
The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private sewage system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well
code
or heat exchange drillhole
ordinances enacted under sub. (6).
Section
2
.
59.70 (6) (title) of the statutes is amended to read:
59.70
(6)
(title)
Optional well
code
and heat exchange drillhole
ordinances.
Section
3
.
59.70 (6) (b) of the statutes is amended to read:
59.70
(6)
(b)
Permits.
If authorized by the department under s. 280.21 (1), a county may enact and enforce a well construction
, heat exchange drillhole construction,
or pump installation ordinance or both. Provisions of the ordinance shall be in strict conformity with ch. 280 and with rules of the department under ch. 280. The ordinance may require that a permit be obtained before construction, installation, reconstruction or rehabilitation of a private well or installation or substantial modification of a pump on a private well, other than replacement of a pump with a substantially similar pump. The county may establish a schedule of fees for issuance of the permits and for related inspections. The department, under s. 280.21 (4), may revoke the authority of a county to enforce its ordinance if the department finds that the ordinance or enforcement of the ordinance does not conform to ch. 280 and rules of the department under ch. 280.
Section
4
.
Chapter 280 (title) of the statutes is repealed and recreated to read:
CHAPTER 280
Well drilling,
HEAT EXCHANGE
drilling, and pump installing
Section
5
.
280.01 (2b) of the statutes is created to read:
280.01
(2b)
"Heat exchange drillhole" means an excavation or opening in the ground that is deeper than it is wide, that extends more than 25 feet below the ground surface, and that is made for the purpose of installing a geothermal closed-loop heat exchange system.
Section
6
.
280.01 (2c) of the statutes is created to read:
280.01
(2c)
"Heat exchange drilling" means the industry and procedure employed in making heat exchange drillholes.
Section
7
.
280.01 (2m) of the statutes is renumbered 280.01 (2d) and amended to read:
280.01
(2d)
"Licensed
well
driller" means any individual who has paid the annual license fee under s. 280.15 (2m) (c) 1. and obtained a license under s. 280.15 (2m) as a
well
driller.
Section
8
.
280.01 (8) of the statutes is amended to read:
280.01
(8)
"Well drilling" means the industry and procedure employed in obtaining groundwater from a well by digging, boring, drilling, driving or other methods but not including the driving of points
for the purpose of obtaining ground water
. It shall also include all construction work and installation of well casings in said well involved therein for the protection of such well water against pollution.
Section
9
.
280.13 (1) (intro.) of the statutes is amended to read:
280.13
(1)
(intro.) The department may exercise such powers
, and may promulgate such rules,
as are reasonably necessary to carry out and enforce the provisions of this chapter. It may, among other things:
Section
10
.
280.13 (1) (a) of the statutes is amended to read:
280.13
(1)
(a) Employ a competent supervisor to supervise and inspect all well drilling
, heat exchange drilling,
and pump installing operations and aid in the enforcement of all laws and rules governing the well drilling
, heat exchange drilling,
and pump installing industries. The department may also employ assistants, prescribe their respective qualifications and salaries and assign their duties.
Section
11
.
280.13 (1) (cm) of the statutes is created to read:
280.13
(1)
(cm) Enter and inspect at reasonable hours heat exchange drillholes and equipment relating to the construction of heat exchange drillholes on private or public property and order necessary corrections and repairs relating to that construction or may order discontinuances of any heat exchange drillhole and its use if found contaminated or polluted.
Section
12
.
280.13 (1) (e) of the statutes is amended to read:
280.13
(1)
(e) Prepare and cause to be printed any codes, bulletins or other documents that the department determines are necessary for the safety of the public health and the betterment of the industries, and furnish copies of those documents to licensed
well
drillers, licensed pump installers and to the public upon request.
Section
13
.
280.13 (2) (intro.) of the statutes is amended to read:
280.13
(2)
(intro.) The department may on its own motion make investigations and conduct hearings and may, on its own motion or upon complaint in writing, duly signed and verified by the complainant, and upon not less than 10 days' notice to the licensed
well
or registered
driller or licensed
or registered
pump installer, suspend or revoke as provided in subs. (3) and (4) any
well
driller's or pump installer's license
or registration
if the department has reason to believe or finds that the holder of the license
or registration
has done any of the following:
Section
14
.
280.13 (2) (d) of the statutes is amended to read:
280.13
(2)
(d) Been found guilty in any civil or criminal proceeding of any action constituting fraud in connection with the
well
driller's or pump installer's well drilling
or
, heat exchange drilling, or
pump installing operations.
Section
15
.
280.13 (6) of the statutes is renumbered 280.13 (6) (a) and amended to read:
280.13
(6)
(a) No individual whose
driller
license has been revoked under this section may, during the period in which the revocation is effective, engage in any
well
drilling
or pump installing
activity
for which the license was issued
except under the direct supervision of
a licensed well driller or licensed pump installer
an individual holding a license to conduct that activity
and as an employee of a licensed
well
driller
, a licensed pump installer,
or
a registered
well
drilling business
, or a registered pump installing business
.
Section
16
.
280.13 (6) (b) of the statutes is created to read:
280.13
(6)
(b) No individual whose pump installer's license has been revoked under this section may, during the period in which the revocation is effective, engage in any pump installing activity except under the direct supervision of an individual holding a pump installer's license and as an employee of a licensed pump installer or registered pump installing business.
Section
17
.
280.15 (title) of the statutes is amended to read:
280.15
(title)
Well drilling
Drilling
and pump installing; registration; licensing; qualifications; fee.
Section
18
.
280.15 (1) (a) (intro.) of the statutes is amended to read:
280.15
(1)
(a)
Registration requirement.
(intro.) No person may engage in the business of well drilling or
pump installing
heat exchange drilling
in this state unless the person obtains registration under this paragraph as a
well
drilling business
or
, and no person may engage in the business of pump installing in this state unless the person obtains registration under this paragraph as a
pump installing business, except as follows:
Section
19
.
280.15 (1) (a) 1. of the statutes is amended to read:
280.15
(1)
(a) 1. An individual who is a licensed
well
driller or a licensed pump installer is not required to obtain registration.
Section
20
.
280.15 (1) (a) 2. of the statutes is amended to read:
280.15
(1)
(a) 2. An individual who is employed by
or works under contract with
a licensed
well
driller or a licensed pump installer is not required to obtain registration.
Section
21
.
280.15 (1) (a) 3. of the statutes is amended to read:
280.15
(1)
(a) 3. An individual who is employed by
or works under contract with
a person who is registered under this paragraph is not required to obtain registration.
Section
22
.
280.15 (1) (am) of the statutes is amended to read:
280.15
(1)
(am)
Prerequisite.
The department may not grant registration under par. (a) to a person to engage in the business of well drilling
or heat exchange drilling
unless the person is a licensed
well
driller, a licensed
well
driller has an ownership interest in the business, or the person employs or contracts with a licensed
well
driller. The department may not grant registration under par. (a) to a person to engage in the business of pump installing unless the person is a licensed pump installer, a licensed pump installer has an ownership interest in the business, or the person employs or contracts with a licensed pump installer.
Section
23
.
280.15 (1) (b) of the statutes is amended to read:
280.15
(1)
(b)
Application.
A person who seeks to register a
well
drilling business or pump installing business shall apply to the department for registration of each place of business or retail outlet he or she operates as a
well
drilling business
,
or
pump installing business, or both, upon forms prepared by the department for this purpose. The application shall be accompanied by a registration fee for each place of business or retail outlet included in the application.
Section
24
.
280.15 (1) (c) of the statutes is amended to read:
280.15
(1)
(c)
Renewal.
In order to retain registration as a
well
drilling business or pump installing business a person shall apply for registration renewal and pay the required registration fees annually on or before January 1.
Section
25
.
280.15 (1) (d) 1. of the statutes is amended to read:
280.15
(1)
(d) 1.
Well drilling
Drilling
business, $50.
Section
26
.
280.15 (1) (d) 3. of the statutes is amended to read:
280.15
(1)
(d) 3.
Well drilling
Drilling
business and pump installing business, $75.
Section
27
.
280.15 (2m) (title) of the statutes is amended to read:
280.15
(2m)
(title)
Well driller
Driller
and pump installer licensing.
Section
28
.
280.15 (2m) (a) of the statutes is amended to read:
280.15
(2m)
(a)
Application.
An individual who seeks a
well
driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in par. (c) with the application.
Section
29
.
280.15 (2m) (am) of the statutes is created to read:
280.15
(2m)
(am)
Activities authorized under driller license.
In issuing a driller license under this subsection, the department may specify that the license is limited to the authority to engage only in well drilling or to the authority to engage only in heat exchange drilling.
Section
30
.
280.15 (2m) (b) of the statutes is renumbered 280.15 (2m) (b) (intro.) and amended to read:
280.15
(2m)
(b)
Renewal.
(intro.) In order to retain his or her license as a
well
driller or pump installer an individual shall
comply
do all of the following:
1. Comply
with requirements for continuing education promulgated by the department by rule
and shall apply
. The department shall require continuing education specific to well drilling for individuals seeking to retain a driller license that authorizes well drilling and shall require continuing education specific to heat exchange drilling for individuals seeking to retain a driller license that authorizes heat exchange drilling.
2. Apply
for license renewal and pay the required license fees under par. (c) annually on or before January 1.
Section
31
.
280.15 (2m) (c) 1. of the statutes is amended to read:
280.15
(2m)
(c) 1.
Well driller
Driller
, $50.
Section
32
.
280.15 (2m) (f) (title) of the statutes is amended to read:
280.15
(2m)
(f) (title)
Prerequisites for
well
driller license.
Section
33
.
280.15 (2m) (f) (intro.) (except 280.15 (2m) (f) (title)) of the statutes is renumbered 280.15 (2m) (f) 1m. (intro.) and amended to read:
280.15
(2m)
(f) 1m. (intro.) The department may not issue a
well
driller license
that authorizes well drilling
unless all of the following apply:
Section
34
.
280.15 (2m) (f) 1. and 2. of the statutes are renumbered 280.15 (2m) (f) 1m. a. and b.
Section
35
.
280.15 (2m) (f) 2m. of the statutes is created to read:
280.15
(2m)
(f) 2m. The department may not issue a driller license that authorizes heat exchange drilling unless all of the following apply:
a. The applicant demonstrates competency in heat exchange drilling by passing an examination administered by the department.
b. Except as provided in par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under sub. (3g), and has the heat exchange drilling experience required by the department by rule.
Section
36
.
280.15 (2m) (g) 1. of the statutes is amended to read:
280.15
(2m)
(g) 1. The department may issue a
well
driller license to an applicant who does not comply with par. (f)
2.
1m. b. or 2m. b.
if the applicant complies with par. (f)
1.
1m. a. or 2m. a.
and holds a
well
driller license in good standing from another state and the department determines that the other state has laws and rules governing well drilling
and heat exchange drilling
and licensing of well drillers
and heat exchange drillers
that are substantially similar to this state's laws and rules.
Section
37
.
280.15 (2m) (g) 2. of the statutes is amended to read:
280.15
(2m)
(g) 2. The department shall establish alternative requirements to par. (f)
2.
1m. b.
for applicants who have gained well drilling experience before June 1, 2008.
The department shall establish alternative requirements to par. (f) 2m. b. for applicants who have gained heat exchange drilling experience before the effective date of this subdivision .... [LRB inserts date].
Section
38
.
280.15 (3g) (b) of the statutes is renumbered 280.15 (3g) (b) (intro.) and amended to read:
280.15
(3g)
(b)
Renewal.
(intro.) In order to retain registration as a drilling rig operator an individual shall
complete
do all of the following:
1. Complete
training approved by the department
and comply
.
2. Comply
with requirements for continuing education promulgated by the department by rule
and shall apply
. The department shall require continuing education specific to well drilling for individuals seeking to retain a drilling rig operator's registration that authorizes well drilling and shall require continuing education specific to heat exchange drilling for individuals seeking to retain a drilling rig operator's registration that authorizes heat exchange drilling.
3. Apply
for registration renewal and pay a fee of $25 annually on or before January 1.
Section
39
.
280.15 (3r) (a) of the statutes is amended to read:
280.15
(3r)
(a)
Requirement.
Except as provided in par. (b) and sub. (4), an individual who is not a licensed
well
driller or a registered drilling rig operator may
only
engage in
well
drilling
a well or heat exchange drillhole only
if the individual is under the supervision of a licensed
well
driller or a registered drilling rig operator who is on the site of the
well
drilling.
Section
40
.
280.15 (4) of the statutes is amended to read:
280.15
(4)
Work on own real estate.
No
person
individual
is required to obtain a registration or license under this section for
driving, digging or otherwise obtaining groundwater supply
well drilling or heat exchange drilling
on real estate owned or leased by that
person
individual
, but the well
or heat exchange drillhole
and the work done on the well
or heat exchange drillhole
shall comply with the law and the rules promulgated by the department.
Section
41
.
280.30 (title) of the statutes is amended to read:
280.30
(title)
Well
and heat exchange drillhole
abandonment
and
;
property transfer inspections.
Section
42
.
280.30 (2) (title) of the statutes is repealed and recreated to read:
280.30
(2)
(title)
Well abandonment
.
Section
43
.
280.30 (2) (a) of the statutes is amended to read:
280.30
(2)
(a) The individual is a licensed
well
driller
who is authorized by the department to engage in well drilling
or licensed pump installer.
Section
44
.
280.30 (2) (b) of the statutes is amended to read:
280.30
(2)
(b) The individual is under the supervision of a licensed
well
driller
who is authorized by the department to engage in well drilling
or licensed pump installer or the individual is under the supervision of a water system operator certified under s. 281.17 (3) and the well is within the service area of the local governmental water system for which the certified operator works. The licensed or certified individual is not required to be present during the filling or sealing.
Section
45
.
280.30 (2m) of the statutes is created to read:
280.30
(2m)
Heat exchange drillhole abandonment.
An individual may not fill or seal a heat exchange drillhole unless the individual is a licensed driller who is authorized by the department to engage in heat exchange drilling.
Section
46
.
280.30 (3) (a) of the statutes is amended to read:
280.30
(3)
(a) An individual may not for compensation, in contemplation of a transfer of real property, conduct an inspection of the real property for the purpose of locating or evaluating water supply wells or pressure systems on the real property unless the individual is a licensed
well
driller
who is authorized by the department to engage in well drilling
or a licensed pump installer.
Section
47
.
280.98 (2) of the statutes is amended to read:
280.98
(2)
The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or
drill hole
drillhole
abandonment to which sub. (1) applies.
Section
48
.
443.14 (12m) of the statutes is amended to read:
443.14
(12m)
A
well
driller who is licensed under s. 280.15 (2m), or an employee of a
well
drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8)
, or heat exchange drilling, as defined in s. 280.01 (2c)
.
Section
49
.
470.025 (9) of the statutes is amended to read:
470.025
(9)
A
well
driller who is licensed under s. 280.15 (2m), or an employee of a
well
drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8)
, or heat exchange drilling, as defined in s. 280.01 (2c)
.
Section
50
.
Effective date.
(1)
This act takes effect on the first day of the 36th month beginning after publication.
