Section NR 738.03 - Definitions The following definitions apply to this chapter:
(1) "Advisory" means a written opinion, issued by the department, containing a specific descriptive reference to the well or water supply and recommending that the well or water supply not be used because of potential human health risks.(2) "Affected party" means a landowner, lessee or other person utilizing a contaminated well or water supply. Affected party does not include:(a) The state or any facility owned or operated by the state;(b) A city, village, town, county or special purpose district;(c) A federal agency, department or instrumentality;(d) An interstate agency.(3) "Connection to an existing water supply" means to join to an existing water supply that tests free from coliform bacteria, and is not a contaminated water supply.(4) "Contaminated well" or "contaminated private water supply" means a well which is located in an area of special eligibility for compensation as declared by the department under s. NR 738.06(1m) and meets the criteria under s. NR 738.06(1m) (a) and (b), or which meets all of the following criteria:(a) The well serves potable water for humans or humans and livestock.(b) The well is not a "public water supply" as defined in ch. NR 809.(c) The well has been determined or is suspected by the department to have been adversely affected by a site or facility subject to s. 292.31, Stats., or by a hazardous substance discharge subject to s. 292.11, Stats.(d) The well produces water that meets one or more of the following criteria: 1. Contains one or more substances of public health concern, other than bacteria or nitrate, in excess of a primary maximum contaminant level contained in ch. NR 809.2. Contains one or more substances of public health concern, other than nitrates, in excess of an enforcement standard established in ch. NR 140.3. Is subject to a drinking water advisory from the department for substances other than bacteria or nitrates.(5) "Environmental fund" has the meaning specified in s. 25.46, Stats.(5g) "Livestock" has the meaning specified in s. 95.80(1) (b), Stats., and includes poultry. Note: Section 95.80(1) (b), Stats., defines livestock to mean "cattle, horses, swine, sheep, goats, farm-raised deer and other species of animals susceptible of use in the production of meat and meat products."
(5r) "Livestock water supply" has the meaning specified in s. 281.75(1) (e), Stats. Note: Section 281.75(1) (e), Stats., defines livestock water supply to mean "a well which is used as a source of potable water only for livestock and which is:
(6) "Plumbing" means that portion of the water distribution piping extending from the well to the various distribution points of use.(6m) "Private water supply" has the meaning specified in s. 292.31(3) (b)7, Stats. Note: Section 292.31(3) (b) 7, Stats., defines private water supply to mean a "well which is used as a source of water for humans, livestock, as defined in s. 95.80(1) (b) (Stats.), or poultry."
(7) "Substances of public health concern" means those substances found in Table 1 of ch. NR 140 or any substance for which a health advisory is issued.(8) "Temporary emergency water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means, or a temporary connection to an existing water supply, supplied at a capacity sufficient to satisfy water use functions impaired by the contaminated water supply.(9) "Well" has the meaning specified in s. NR 812.07(119).Wis. Admin. Code Department of Natural Resources NR 738.03
Cr. Register, October, 1995, No. 478, eff. 11-1-95; r. (4) (a) to (c), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: renum. (4) to (4) (intro.) and am., cr. (4) (a) to (d), (5g), (5r), (6m), am. (9) Register October 2013 No. 694, eff. 11-1-13; correction in (9) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, correction in (9) (Note) made under s. 35.17, Stats., Register June 2020 No. 774, eff. 7/1/2020Section NR 812.07 (119) defines well to have the meaning specified in s. 281.34(1) (h), Stats., which defines "well" as any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater.