Some Laws
& Regulations
that Impact Groundwater Quality and Quantity
Laws and regulations play an important role in caring for and managing the groundwater resource. Statutes, ordinances, and codes help determine what governmental agencies, businesses, and individuals can and cannot do.
| Local Regulations | |
| State Regulations | |
| Federal Regulations |
The Wisconsin State Legislature website has a complete listing of Wisconsin statutes (laws) and Administrative Codes (rules).
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"Local governments have the authority to protect groundwater resources through planning and zoning activities.53" Portage County has ordinances for:
| wellhead protection zones, | |
| private sewage, and | |
| chemical storage. |
Each municipality within Portage County has an ordinance for:
| private wells | |
| well abandonment |
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| drinking water quality | |
| groundwater quality | |
| manure management | |
| pesticide management | |
| petroleum/underground storage tanks guidelines | |
| septic system guidelines | |
| well guidelines |
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The federal Safe Drinking Water Act (1974) was established to protect the quality of drinking water in the United States. This law applies to all water that may be used for drinking, whether the source is surface water or groundwater. This Act required the EPA to set water quality standards called, Maximum Contaminant Levels (MCL), to protect human health. Thus far, about 82 substances have MCLs. Wisconsin DNR has adopted these MCLs for Wisconsin. These standards legally apply to public water supply systems, but can be considered as guidelines for private well water quality.
| Drinking Water Standards: NR 809-
Safe
drinking water | |
| Nitrate: Section 160 25(3) Wisconsin Statute | |
| NR 122-Nitrate Removal (from public drinking water) | |
| NR 120-Nonpoint source pollution abatement program |
Wisconsin Groundwater Standards Law, enacted in May 1984, appears in Chapter 160 (summary) and the rules in NR 140-groundwater quality. This overriding statute established the authority for groundwater protection and numerical enforcement standards, which apply to all Wisconsin agencies and programs. Wisconsin was one of the first states to place numerical limits on groundwater quality. The Department of Natural Resources (DNR) and the Department of of Health and Family Services (DHFS) work together to set these standards.
Enforcement Standards (ES) are determined for substances that have the potential to cause short or long term health impacts, as well as for substances that cause aesthetic problems such as bad odor or taste. In addition in Wisconsin, Preventative Action Limits (PAL) are set for each regulated substance. PALs are "early warning signs" that water quality may be in jeopardy. ESs and PALs apply to any activity or person who discharges substances into groundwater, whether the person works for a governmental agency, corporation, or private business.
| Chapter 160 -Wisconsin Groundwater Standards Law (summary) | |
| NR 140-Groundwater quality | |
| NR 141-Groundwater monitoring well requirements | |
| NR 142-Wisconsin water management and conservation |
The DNR oversees manure disposal for facilities with over 1000 animal units. These facilities must have a Wisconsin Pollutant Discharge Elimination Permit as required under
| NR 243-Animal waste management. |
The Department of Agriculture, Trade, and Consumer Protection regulates pesticide use and control.
| ATCP 29-Pesticide use and control | |
| ATCP
30-Pesticide
product restrictions Appendix A - Atrazine prohibition areas | |
| ATCP 31-Groundwater protection program | |
| ATCP 35-Agricultural chemical cleanup program |
Petroleum/Underground Storage Tank Guidelines
The Department of Commerce oversees the petroleum and underground storage tank regulations.
The Department of Commerce regulates private septic systems under
| Comm 83- Private onsite wastewater treatment systems. |
For more regulations/codes on septic systems, see NR 110- Sewerage systems, and NR 113- Servicing septic or holding tanks, pumping chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies, or portable restrooms.
Since 1974 according to common law, a person is permitted to withdraw groundwater in any amount, provided that it does not cause unreasonable harm to another. However, "today all wells must conform to DNR regulations and most must be installed by certified well drillers. (Driven Point or Sand-point wells are the exception.) The specific standards governing the well depend on the type of well." 53
high capacity well: a pumping well capable of pumping more than 100,000 gallons per day. High capacity wells must obtain a permit, meet specified well construction criteria, and not adversely impact or reduce the supply of water to any public utility. High capacity wells are defined in Wisconsin statute Chapter 281.17(1).
public water supply community well (or municipal well): a pumping well that has 15 service connections or regularly serves water to more than 25 people on a year-round basis; a water system serving more than 7 homes; or 10 or more mobile homes, apartments, or condominiums. Public supply wells must meet design, construction, and operation regulations, as well as enforcement standards. Public supply wells are partly regulated by Wisconsin Administrative Code NR 811.
private wells: a pumping well that serves one home or is maintained by a private owner. Private wells pumping less than 100,000 gallons per day do not require a permit, although the wells must meet design, construction, location, and abandonment standards. Private wells are regulated under Wisconsin Administrative Code NR 812.
| public wells: NR 811- Requirements for the operation and design of community water systems | |
| private wells: NR 812-Well construction and pump installation | |
| high capacity well: Chapter 281.17(1) | |
| groundwater monitoring wells: NR 141-Groundwater monitoring well requirements | |
| NR123-Well compensation program |
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For more information on Wisconsin groundwater regulations consult the Wisconsin State Legislature website or read Wisconsin Water Law: A Guide to Water Rights and Regulations by Kent and Dudiak 53.
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At the Federal level, there is no comparable law to the Wisconsin Groundwater Standards Law to protect groundwater quality. However, the Safe Drinking Water Act and a few other federal acts do have an impact on groundwater quality.
Click on a law to learn more about it. (A separate window will open for each law, which is described on the EPA Website 52.)
The
Clean Air Act (1970): 42 U.S.C. s/s 7401 et seq.
| The
Clean Water Act (1977): 33 U.S.C. s/s 121 et seq.
| The
Emergency Planning & Community Right-To-Know Act (1986): 42
U.S.C. 11011 et seq.
| The
Federal Insecticide, Fungicide and Rodenticide Act (1972): 7 U.S.C. s/s
135 et seq.
| The
National Environmental Policy Act (1969): 42 U.S.C. s/s 4321 et
seq.
| The
Pollution Prevention Act (1990): 42 U.S.C. 13101 and 13102, s/s et
seq.
| The
Resource Conservation and Recovery Act (1976): 42 U.S.C. s/s 6901 et
seq.
| The
Safe Drinking Water Act (1974): 42 U.S.C. s/s 300f et seq.
| Superfund
(Comprehensive Environmental Response, Compensation, and Liability Act)
(1980): 42 U.S.C. s/s 9601 et seq.
| The
Superfund Amendments and Reauthorization Act (1986): 42 U.S.C. 9601 et
seq.
| The
Toxic Substances Control Act (1976): 15 U.S.C. s/s 2601 et seq. | |
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Current Drinking Water Standards list from EPA.
DNR public meetings and hearings
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