Important background material regarding well filling and sealing ordinances

State Law requires that municipalities have a well filling and sealing ordinance to protect municipal water supplies from private, and possibly contaminated, wells within the municipality. The ordinances are required to protect public health since it is possible for contaminants to pass from private wells into municipal groundwater supplies, contaminating the entire system.

Private wells are permitted within a municipality as long as they are determined free of bacteriological contamination. This requirement must be met for both potable and nonpotable well uses since both types are capable of contaminating municipal supplies.

For a free brochure containing the information on this page, contact the nearest DNR office and request publication number WS-019.

Table of contents

1. Why do I need a bacteriologically safe well for nonpotable uses?
2. Are basement wells acceptable for nonpotable uses?
3. Do NR 812 requirements cover nonpotable wells?
4. Can I get a variance to keep my noncomplying well for nonpotable use?
5. Are sand points (driven-point wells) allowed for nonpotable use?
6. Can I weld a cap on the well for permananent filling and sealing purposes?
7. How are municipalities going to enforce filling and sealing codes?
8. Who must submit the bacteriological sample?
9. What prevents submitting a sample from the community tap?
10. Who can inspect a well for compliance with NR812?
11. What are the reasons a private well can be kept operational when the resident is on municipal water?
12. Can a well be grandfathered in?
13. How can I be billed for obeying the well filling and sealing law?
14. How does a municipality know if there is a well on my property?
15. What if I object to using the city's chlorinated water?
16. Why do I need a permit to use my property?
17. Can I get reimbursed for my new sprinkling system?
18. How much will it cost to prove my well is safe?
19. Can DNR staff inspect wells?
20. Can I use sand to fill my well?
21. Must a licensed well driller or pump installer perform the filling and sealing?
22. Does the well pump have to be removed before filling and sealing?
23. Where can I get more information on well filling and sealing?

Why do I need to have a bacteriologically safe well for nonpotable usage?

Contamination of groundwater and nearby wells can occur when the casings of potable or nonpotable wells deteriorate. Bacteriological testing is used as an indicator of the integrity of the well.

Are basement wells acceptable for nonpotable uses?

Generally no. Only wells in walkout basements or wells installed in basements before 1953 are acceptable. Those that do not comply with NR 812 do not meet the conditions of the well abandonment ordinance and must be filled and sealed.

A rare exception is that a basement well installed expressly for non-potable purposes prior to February 1, 1991 is acceptable if it meets NR 812 requirements.

Do NR 812 requirements cover nonpotable wells?

Yes. Chapter NR 812 published on February 1, 1991 is applicable to both potable and nonpotable wells.

Can I get a variance to keep my noncomplying well for nonpotable use?

No. The assurance that a well is not contaminating groundwater comes from both a safe bacteriological test and compliance with the construction requirements in NR 812.

Are sand points (driven-point wells) allowed for nonpotable use?

Yes, assuming the well complies with NR 812, produces safe water and has no piping connections to the municipal water piping.

Why can't a cap be welded on the well for permanent filling and sealing purposes?

The well casing may deteriorate below the ground surface and cause groundwater contamination even if the well cap is intact. Abandonment results in filling and sealing of the entire borehole and casing.

How are municipalities going to enforce well filling and sealing ordinances?

The well filling and sealing ordinance should clearly state what is required of well owners and what penalties or actions the municipality will take if the wells are not properly filled and sealed. DNR can provide case specific guidance on enforcement as needed. DNR enforcement would only be used as the last resort. Well filling and sealing must be a local program to be effective.

Who is responsible for taking/submitting the bacteriological samples required in the ordinance?

The well owner is responsible for collecting the samples and submitting the results to the municipality. The sample must be analyzed at the State Lab of Hygiene or another certified laboratory and paid for by the well owner. If a well inspection is being done the inspector could collect the samples.

What is to prevent a resident from submitting a sample from the community tap?

The system operates on the principle that most persons are honest and support prevention of contamination of groundwater which is used as the municipal water supply. Spot checks by the municipality can be used to assure honesty. Labs can detect fluoride or chlorine which are added to many municipal water systems.

Who is qualified to perform a well inspection to determine NR 812 compliance?

Well inspections should be done by licensed well drillers or licensed pump installers or trained sanitarians. Any person may legally do the inspection as long as they are competent and knowledgeable about code and ordinance requirements.

What is the necessary justification for keeping a private well in use when the resident is served by a municipal water system?

Typically, the primary justification will be the high cost of purchased water for large water usage associated with lawns, gardens, car or truck washing, etc. Justification must be considered on a case- by-case basis. The municipality must exercise good judgement in interpreting this aspect.

Can wells be "grandfathered in?"

No. The requirements of the ordinance must be met by all well owners.

How can I be billed for obeying the well filling and sealing law?

The state has no control over charges for work performed by others. Perhaps the municipalities could obtain quotes or bids to do well filling and sealing for homeowners. The cost could be covered by the owner or the municipalities. Groundwater protection would be sufficient justification for the municipality to pick up the cost.

Is a licensed well driller or pump installer required for well filling and sealing?

Yes. As of June 1, 2008 only Wisconsin licensed well drillers or pump installers can perform well filling and sealing.

How can a municipality determine if there are wells located on residential property if they are not obvious to the casual inspection?

In addition to the casual inspection at the time of meter reading or meter replacement the municipality should encourage their employees to ask homeowners about unused wells. Also, the municipality could do a billing "stuffer" which explains the hazards of unused wells and asks homeowners to have their wells professionally filled and sealed.

The best time to find wells is when water service is extended. Each home will have either a well on their property or a pipe connecting to a neighbor's water system.

Why should I be forced to use chlorinated city water when my well water is ten times better?

The city supply has many safeguards such as deeper wells having cement grouted casings, trained operators and routine water quality testing, all of which contribute to greater assurance of a safe water supply. The bottom line is that although connections may be required and minimum water bills assessed to cover cost of service including fire protection, a person is not forced to use city water as long as the private well complies with provisions of the filling and sealing ordinance.

Why do I need the permit to use my own personal property?

The permit under the well filling and sealing ordinance is one of the important steps in protecting groundwater which is the drinking water source for most communities. It is similar to an individual drivers license which serves to protect the other drivers on the road as well as the individual driver.

Will the city reimburse me for the $10,000 sprinkling system I just installed?

Probably not, but if the water source meets the permit requirements, the installation can continue in use providing there is not a cross connection with the city supply.

Does each resident need to spend $500 to prove the well meets all NR 809 and 140 code standards as listed in the definition of "unsafe"?

The model well filling and sealing ordinance indicates that bacteriological tests (average cost $10.00- $15.00) should be used to determine if the well is unsafe. The only exception would be if there is known contamination, such as a gasoline spill, the municipality could expand the testing required for a permit. Sampling costs are usually borne by the well owner.

Is DNR staff available for inspections or to gather information on these wells?

DNR staff is available for consultation on an occasional tough problem. However, staff limitations prevent DNR from responding to all inspection requests. Therefore, the well owner or municipality must have the well inspections done. Unless the municipality has staff available, most often well drillers or pump installers are hired to conduct the inspections.

Why can't the well be filled with sand?

Sand is a porous material and will allow transmission of contaminants into the aquifer (the underground water- producing formation). The material used to fill the well must be nonporous and provide a tight seal. Neat cement grout, sand cement grout, concrete or other DNR approved materials, such as certain bentonite chips, are acceptable. Filling and sealing must be performed by a Wisconsin licensed well driller or pump installer only.

Does the pump have to be removed from the well prior to the filling and sealing procedure?

It is very important to remove the pump and any other obstructions from the well before starting the filling and sealing procedure. A clean casing/hole helps assure that the filling materials provide a good seal. Contractors may charge an additional fee for removing the pump or other obstructions.

How can I get information regarding how a well should be filled and the materials that may be used for this?

DNR provides instructions describing in detail the materials and methods that should be used to fill your well. You can contact your nearest DNR statewide office to request a copy of these instructions.

For more information, contact: Margie Damgaard, IS Professional, Public Water Section