Variance

Variance. (1) Variance application. A well owner or the owner’s agent may apply for a variance from requirements of this chapter. The department may require additional information necessary to the department to determine if a variance is justified. An application for a variance shall comply with all of the following requirements: (a) Forms and instructions. The application for a variance shall be submitted on a form specified by the department. All of the following information shall be included on the form: 1. The proposed or existing location of the well. 2. The well owner information, including the owner’s name, mailing address, and contact information. 3. The name of the well driller, heat exchange driller, well constructor, or pump installer. 4. The code citation for the requirements for which the variance is sought. 5. The reason that compliance with the requirements of this chapter is not feasible in practice. 6. The signature of the well owner, or the well owner’s agent, except as required under par. (b) . 7. Maps or figures that support the request. (b) Landfill separation distance variances. An application for a variance from the separation distance specified under s. NR 812.08 , Table A, for an existing water supply well within 1,200 feet of a proposed landfill or landfill expansion shall be signed and submitted to the department by the owner of the well or the owner of the landfill. A variance request for a well to be constructed within 1,200 feet of an existing landfill shall be signed and submitted to the department by the owner of the well. Landfill separation distance variances shall meet all of the following requirements that are applicable: 1. If a landfill owner submits the application for a variance, the application shall include documentation that written notification of the application for a variance has been provided to all owners of wells for which a variance is sought. 2. If a well owner submits the application for a variance, the application shall include documentation that written notification of the application for a variance has been provided to the landfill owner. (c) Verbal variances. For situations that require an immediate response, a well owner may verbally request, and the department may verbally approve, a variance. A verbal variance shall meet all of the requirements under sub. (2) . If a verbal request for a variance is made by the owner’s agent, the agent shall provide confirmation of the owner’s concurrence with the request. For verbal variances for landfill separation distances, the applicant shall submit a written application in accordance with pars. (a) and (b) within 30 days of the verbal variance. The department shall respond with a written variance decision within 65 business days. (2) Department approval and conditions. (a) Department approval. The department may approve a variance when the applicant demonstrates that strict compliance with the requirements of this chapter is not feasible in practice. When approving a variance, the department may condition the variance to require additional construction features, installation features, or sampling to safeguard the groundwater and water supplied by the installation from contamination. The department may rescind a variance approval for failure to comply with the conditions of a variance or the applicable requirements of this chapter. (b) Landfill separation distance variance conditions. The department may approve a variance from the separation distance specified under s. NR 812.08 , Table A, for an existing water supply well within 1,200 feet of a new landfill or landfill expansion when conditions of the variance provide comparable protection. Comparable protection may include a deeper well casing depth setting, specific grouting materials or methods, specific drilling methodology, or additional well water sampling. The owner of the well and the owner of the landfill shall have the right to appeal the department’s decision on the variance application under ch. 227 , Stats. (c) Casing depth variance conditions. The department may approve a variance from the casing depth construction requirement under ss. NR 812.14 (2) and 812.152 (4) if the well owner or the well owner’s agent demonstrates that adequate water quantity or water quality is not available below the required casing depth. The department may require additional conditions, including continuous chlorination or the maintenance of a permanent cement grout seal around the casing that extends to the ground surface.