Product and component approvals

Product and component approvals. (1) Use of product or component. No person may use a product or component for work conducted under this chapter that does not meet the requirements of this section. (2) Applicability. The following products or components used for work conducted under this chapter shall meet the standards specified in sub. (3) or be authorized under an approval issued by the department under sub. (4) prior to use: (a) Drilling aids and additives. (b) Grout and sealing materials. (c) Filling and sealing materials. (d) Well rehabilitation materials. (e) Chemicals placed in a well or drillhole. (h) Any treatment equipment to be installed directly in or on a well. (i) Heat exchange fluids used in piping that is placed in vertical heat exchange drillholes. (3) No prior approval required. The following products or components may be used for work conducted under this chapter without prior department approval, provided the manufacturer’s instructions are consistent with all of the following requirements: (a) Drinking water treatment chemicals, including miscellaneous water supply products, that are certified for compliance with NSF/ANSI Standard 60, provided all of the following additional requirements are met: 1. The manufacturer submits a copy of the NSF certification to the department. 2. The instructions for use on the product container are consistent with the conditions of the certification. 3. The product is not intended to be left in the water system longer than 48 hours. 4. The manufacturer notifies the department if the certification is updated or rescinded. (b) Drinking water system components in contact with potable water that are certified for compliance with NSF/ANSI Standard 61. (c) Water treatment devices installed in a water system that have a plumbing product approval in accordance with chs. SPS 382 and 384 . (4) Department approval required. If a product or component does not meet the requirements under sub. (3) , a manufacturer is required to obtain the department’s approval of the product or component before a well driller, heat exchange driller or pump installer may use the product or component for work conducted under this chapter. (5) Application for approval. For any product or component not authorized under sub. (3) , the manufacturer shall apply for and obtain a written approval from the department. The manufacturer shall apply on a form or in a manner specified by the department. Applications shall include information regarding the manufacturer’s name, address, and contact person for the product or component, and a description of the product or component and the manufacturer’s instructions. The department may request all information necessary to evaluate the chemical makeup and impacts to drinking water, groundwater and public health and safety. (6) Criteria for department approval. The department shall ensure the protection of public safety, safe drinking water, and groundwater in review and approval of each application submitted under sub. (5) . When deemed necessary and appropriate for the protection of public safety, safe drinking water, and the groundwater resource, the department may impose more stringent conditions on the use of a product or component than the manufacturer’s instructions. (7) List of approved products and components. The department shall maintain lists of all products and components approved under this section. (8) Prohibition. The department may prohibit the use of any product or component if the department finds there is substantial evidence that the product poses a significant hazard to safe drinking water or groundwater. The department shall state its decision and conclusions in writing to the manufacturer, and notify industry representatives including the Wisconsin Water Well Association and the Wisconsin Pump and Well Suppliers Association. The department’s decision shall specify the effective date of the prohibition, not to exceed 12 months after the date of the decision. (9) Certification. If a product or component is certified for compliance with the applicable NSF/ANSI standard and meets the requirements specified in sub. (3) after department approval is granted under sub. (4) , the approval shall no longer be required. (10) Modification. If a product or component is modified after approval is granted under this section, including a change in materials, chemical makeup, or intended use, the approval is void and the manufacturer shall submit a new request for approval from the department. (11) Liability. Approval by the department does not relieve any person of any liability that may result from injury or damage suffered by any other person due to sale or use of an approved product or component. In addition, failure to comply with any condition of a department approval shall void the approval.