|(a) If the party having the well drilled, deepened
or altered, the licensed well driller, or the party, landowner or
person drilling or plugging the well, finds any of the procedures
prescribed by §§76.100 - 76.105 inapplicable, unworkable,
or inadequate, combinations of the prescribed procedures or alternative
procedures may be employed, provided that the proposed alternative
procedures will prevent injury and pollution. The department will
not grant a variance based solely on cost, aesthetics, or for a well
head to be placed below ground level.
(b) Written proposals to use combinations of prescribed
procedures or alternative procedures shall be considered application
for a variance and must be submitted to the department for review
prior to their implementation, and also provide a copy of the variance
to the local groundwater conservation district.
(c) If a written variance request is not submitted
prior to construction and the licensee or landowner or the designated
agent believes a request is justified, such written request shall
be submitted to the department and a copy of the variance provided
to the local groundwater conservation district as soon as possible
following completion of the well.
(d) This section shall not apply to a public water