NR 114.03(10)
(10) “Operate" means to be in direct responsible charge of a subclass or subclasses of operations at a waterworks.
NR 114.03(11)
(11) “Operator-in-charge" means the person designated by the owner of a waterworks to be in direct responsible charge of a subclass of operations of the waterworks. Not included in this definition are utility managers, city engineers, directors of public works or the equivalent, who are not actually involved in day-to-day operations.
NR 114.03(11m)
(11m) “Other than municipal community water system" means a community water system that is not a municipal water system and is not a waterworks as defined in sub.
(15). Examples of other than municipal community water systems include but are not limited to those serving mobile home parks, apartments and condominiums.
NR 114.03(12)
(12) “Owner" means the state, county, town, town sanitary district, city, village, corporation, firm, company, institution, association, utility district, school district, or individual owning or operating any waterworks.
NR 114.03(13)
(13) “Subclass" means a letter assigned to a waterworks based upon a particular type of process at the waterworks and the letter assigned to a person based on passing an examination for a specific operational process.
NR 114.03(14m)
(14m) “Water system" means an other than municipal community or a non-transient non-community water system as defined in subs.
(11m) and
(9m) respectively.
NR 114.03(15)
(15) “Waterworks" means a community water system owned by, or a private utility serving, a county, city, village, town, town sanitary district, utility district or a county-owned or state-owned public institution for congregate care or correction, which includes but is not limited to correctional institutions, correctional camp systems, county jails or houses of correction, mental health institutes, schools for the handicapped, hospitals, infirmaries and asylums.
NR 114.03 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; correction in (16) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 2000, No. 540; cr. (3m), (9m), (11m) and (14m), am. (16),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: am. (2), (3), (5), r. and recr. (6), r. (8), (9), am. (10), (11), (12), (13), r. (14), (16)
Register June 2014 No. 702, eff. 7-1-15.
NR 114.04
NR 114.04 General requirements. No person may be an operator-in-charge of a subclass of a waterworks unless that person holds a valid certificate issued pursuant to this subchapter. Every subclass at a waterworks shall have a designated operator-in-charge.
NR 114.05
NR 114.05 Examinations and applications. NR 114.05(1)(1)
Examinations and on-the-job experience shall be used to determine knowledge, skill, and ability of the applicant to perform duties at a waterworks. A score of 75 percent or higher shall be a passing score on each examination. An applicant desiring to be certified to perform duties at a waterworks shall submit a completed examination application to the department. The department shall approve or deny the application within 10 business days of receipt of the application, unless the application involves a revoked or suspended certificate, in which case, the department shall approve or deny the application within 35 business days of receipt of the application. Fees as outlined
under s.
NR 114.06 shall accompany the application. Applicants shall be notified of their eligibility for examination.
NR 114.05 Note
Note: The application form is available on the following website:
https://dnr.wisconsin.gov/ or by writing to the Department of Natural Resources, Operator Certification Program, PO Box 7921, Madison, WI 53707-7921.
NR 114.05(2)
(2) The department will primarily rely on an organization under contract with the department to provide examinations. The department may conduct examinations on a case-by-case basis when necessary to accommodate applicants' needs.
An organization under contract to provide examinations may charge fees to cover the cost of providing any examination under this section as allowed under its contract with the department.
NR 114.05(5)
(5) Examination results
shall be made available to an applicant within 30 days of the examination date.
NR 114.05(6)
(6) An applicant who fails to pass an examination may apply to the department for reexamination.
NR 114.05(7)
(7) The department shall provide a list of reference materials and study guides pertaining to each subclass.
NR 114.05(9)
(9) An applicant who holds a valid water system certification under subch.
III in subclasses Z, I, L or V may apply for and be granted certification in the same waterworks subclasses as listed in s.
NR 114.10 without repeating the subclass examination.
NR 114.05 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; am. (1) and (2), cr. (9),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: am. (1), r. (8)
Register June 2014 No. 702, eff. 7-1-15; correction in (1) made under s.
35.17, Stats.,
Register September 2021 No. 789;
EmR2123: emerg. am. (1), r. and recr. (2), r. (3), (4), am. (5), (6), eff. 8-21-21; CR 21-068: am. (1), r. and recr. (2), r. (3), (4), am. (5), (6) Register April 2022 No. 796, eff. 5-1-22.
NR 114.06(1)(e)
(e) A 3rd-party organization may charge additional fees to administer an online exam.
NR 114.06(2)
(2) Fees shall accompany the completed application form.
NR 114.06(3)
(3) The renewal fee is due on the expiration date of the certificate. Any renewal application postmarked after the expiration date shall also include a $25.00 late renewal penalty.
NR 114.06(4)
(4) Fees may not be refunded to an applicant who fails to pass an examination, who fails to appear to take the examination, or who fails to identify himself or herself on request.
NR 114.06(5)
(5)
A veteran may request a fee waiver for a first-time license or operator certificate in accordance with the veterans fee waiver program under s.
45.44, Stats.
NR 114.06 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95;
CR 13-054: am. (1) (b)
Register June 2014 No. 702, eff. 7-1-15;
EmR2123: emerg. am. (1) (a), cr. (1) (e), am. (4), cr. (5), eff. 8-21-21; CR 21-068: am. (1) (a), cr. (1) (e), am. (4), cr. (5) Register April 2022 No. 796, eff. 5-1-22; correction in (1) (e) made under s. 35.17, Stats., Register April 2022 No. 796. NR 114.07
NR 114.07 Issuance of certificates. NR 114.07(1)(1)
Upon satisfactory fulfillment of the qualifications required by this subchapter, the department shall issue a certificate to a person indicating the grades and subclasses for which the person has qualified.
NR 114.07(2)
(2) Certificates may be issued for comparable certification, without examination, in a comparable grade and subclass to any person who holds a current certificate in any state, territory or possession of the United States, or any country, if in the judgment of the department, the person requesting comparable certification has met the equivalent of the provisions of this subchapter in examinations and operational experience.
NR 114.07(3)
(3) All certificates shall expire 3 years from the date of issuance. Certificates may be updated to show experience credit granted, additional exams passed or class and grade level changes, but the expiration date will not change. Updating a certificate will not extend or change the expiration date. Certificates shall only be renewed subject to the requirements of sub.
(5).
NR 114.07(4)
(4) A person whose certificate has expired may, within one year after expiration, be reinstated by paying the renewal fee, the late penalty fee and fulfilling the continuing education requirements. A person not renewing within the one year period after expiration will have to apply to take the necessary examinations for a new certificate.
NR 114.07(5)(a)(a) A person who desires to renew a certificate shall submit evidence of having met the continuing education requirements of par.
(b) on forms approved or provided by the department for approved training courses or other credit that they have successfully completed during the 3–year period. These may include, but are not limited to, courses sponsored by the department, or any university, or technical school, technical sessions at meetings of professional organizations, in–house training and correspondence courses. Failure to successfully complete and document the appropriate number of hours of continuing education training within the 3–year period shall result in rejection of a certificate renewal application.
NR 114.07(5)(b)
(b) Applicants shall meet the following continuing education requirements: Waterworks certified operators at Grade T and 1 require 18 hours per 3 year renewal period, except the operator-in-charge of a surface water treatment plant shall be required to submit 24 hours per 3 year renewal period.
NR 114.07(5)(c)
(c) For waterworks certified operators, not more than 6 hours of health and safety training may be used per 3 year renewal period.
NR 114.07 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; r. and recr. (5),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: r. and recr. (5) (b), am. (5) (c)
Register June 2014 No. 702, eff. 7-1-15.
NR 114.10
NR 114.10 Classification of waterworks. The classification of each waterworks shall be class 1 and assigned one or more of the applicable subclasses based on the operations performed at that waterworks.
NR 114.10(1)
(1)
Subclass G — Groundwater source. All waterworks utilizing a groundwater source.
NR 114.10(2)
(2)
Subclass Z — Zeolite and resin treatment. All waterworks providing zeolite softening or specific contaminant removal by resins.
NR 114.10(3)
(3)
Subclass I — Oxidation and filtration treatment. All waterworks providing iron removal by oxidation and filtration.
NR 114.10(4)
(4)
Subclass L — Lime-soda ash treatment. All waterworks providing treatment by the lime-soda ash process for iron removal or softening, or both.
NR 114.10(5)
(5)
Subclass S — Surface water source. All waterworks utilizing a surface water source.
NR 114.10(6)
(6)
Subclass D — Distribution system. All waterworks containing a distribution system.
NR 114.10(7)
(7)
Subclass V — Specialized treatment. All waterworks providing special treatment such as, but not limited to, air stripping, granular activated carbon or others.
NR 114.10 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; am. (1) to (7),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: am. (intro.)
Register June 2014 No. 702, eff. 7-1-15.
NR 114.11
NR 114.11 Qualification of waterworks operators. NR 114.11(1)(1)
Two grades and 7 subclasses of waterworks operators are established. To qualify for certification in a given grade and subclass, a person shall meet the appropriate experience and examination requirements for that subclass and grade:
NR 114.11(1)(a)
(a) Grade T. Pass the examination for the given waterworks subclass.
NR 114.11(1)(b)
(b) Grade 1. Completion of grade T requirements, plus have one year of satisfactory subclass specific experience.
NR 114.11(2)
(2) A person may have a different grade for each subclass in which the person has received certification.
NR 114.11(4)
(4) To qualify for certification in any of the subclasses established in s.
NR 114.10, the person shall meet the requirements of either par.
(a) or
(b).
NR 114.11(4)(a)
(a) The person shall possess a high school diploma or a general equivalency diploma.
NR 114.11(4)(b)
(b) The person shall have a minimum of 2 years experience operating a waterworks prior to December 1, 2000.
NR 114.11 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; cr. (4),
Register, December, 2000, No. 540, eff. 1-1-01;
EmR2123: emerg. am. (1) (a), eff. 8-21-21; CR 21-068: am. (1) (a) Register April 2022 No. 796, eff. 5-1-22.
NR 114.12
NR 114.12 Required grades for the operation of waterworks. NR 114.12(2)(a)(a) The operator-in-charge of the operation of a subclass of waterworks listed in s.
NR 114.10 shall hold a valid certification for the corresponding subclass at the grade 1 level, except as provided in pars.
(b) and
(c).
NR 114.12(2)(b)
(b) A person certified as a waterworks operator-in-training may be designated the operator-in-charge of that subclass of waterworks for a period not to exceed one year.
NR 114.12(2)(c)
(c) Upon a change in a waterworks' classification, the operator-in-charge shall have 12 months to pass the necessary examinations and will be allowed time to obtain the required experience.
NR 114.12(2)(d)
(d) At subclass S waterworks, the system shall have a person certified at Grade T or 1 in Subclass S on duty at all times of operation. If the designated operator–in–charge of a subclass S waterworks is not on duty during the operation of the system, the waterworks shall have another operator certified at Grade T or 1 in subclass S on duty during the operation of the system. If an operator position becomes vacant at a subclass S waterworks, the department may allow a system to operate a shift without a certified operator on duty as long as the non–certified operator on duty is working under the general supervision of a certified operator and the waterworks is making a good faith effort to fill the vacant position. On duty for subclass S waterworks means having a certified operator onsite except where the department has approved an automated treatment plant surveillance system and an operation plan for offsite control as a reliable substitute for having a certified operator on–site. In the review of automated systems, the department shall consider applicable factors, such as history of plant operations, response time to alarms, offsite treatment adjustment capability, plant shutdown ability and demonstration of satisfactory operation and reliability of the automation system.
NR 114.12 Note
Note: For all facilities it is recommended that a second person hold a valid certificate at the grade level required by the plant classification.
NR 114.12(2)(e)
(e) The operator–in–
charge of the operation of a subclass of waterworks shall be available during each operating shift. The operator-in-charge may designate, on a temporary basis, such as vacation or short term illness, an operator of appropriate subclass, to be available during each operating shift.
NR 114.12 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; am. (2) (d) and cr. (2) (e),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: am. (title), r. (1)
Register June 2014 No. 702, eff. 7-1-15.
NR 114.13
NR 114.13 Operator-in-charge designation. The owner shall designate to the department the operator-in-charge of each subclass as required in s.
NR 114.12 (2). A person may be designated as the operator-in-charge for more than one subclass. Owners shall notify the department of changes within 30 days.
NR 114.13 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95; correction under s.
13.92 (4) (b) 7., Stats.,
Register June 2015 No. 714.
NR 114.14(1)(1)
The department may, on its own motion, make investigations and conduct hearings and may, on its own motion or on a signed and verified written complaint, revoke, suspend or refuse to renew as provided in this section any operator's certificate, or reprimand the operator if the department finds that the holder of the certificate has done any of the following:
NR 114.14(1)(a)
(a) Made a material misstatement in the application for certification or any application for a renewal of certification.
NR 114.14(1)(b)
(b) Demonstrated incompetence to operate the type of facility or subclass for which the certificate was issued.
NR 114.14(1)(e)
(e) Failed to notify the department of a violation of a maximum contaminant level as required in ch.
NR 809 and the construction requirements of ch.
NR 811 by the operator-in-charge of a waterworks operation.
NR 114.14(1)(g)
(g) Falsified any monitoring, operating or other records submitted to the department, or provided by the department.
NR 114.14(1)(h)
(h) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch.
281, Stats., or any administrative codes, permits or orders adopted or issued under those chapters.
NR 114.14(1)(i)
(i) Used deception or any form of dishonesty when taking an examination, or removed examination materials from the examination site.
NR 114.14(2)
(2) Notice of revocation of, suspension of or refusal to renew a certificate shall be served on the certified operator and shall state the reasons for revocation, suspension or refusal to renew.
NR 114.14(3)
(3) Revocation of, suspension of or refusal to renew a certificate shall take effect on the 10th day after the notice is served, unless the certified operator files a written answer with the department prior to the 10th day. If an answer is filed, the revocation, suspension of or refusal to renew is stayed and the department shall conduct a hearing on the matter within 30 days after receipt of the answer. At least 10 days prior to the date of the hearing, the department shall send a written notice to the operator indicating the date, time and location of the hearing. The final determination of the department, including the basis for the decision, shall be provided in writing to the operator. A suspended operator may not be the operator-in-charge of a facility for the duration of the suspension.
NR 114.14(4)
(4) Application may be made for taking the necessary examinations for a new certificate one year after the date of revocation or refusal to renew.
NR 114.14(5)
(5) Any order revoking or suspending a certificate is subject to judicial review as provided in ch.
227, Stats.
NR 114.14 History
History: Cr.
Register, September, 1995, No. 477, eff. 10-1-95;
corrections in (1) (h) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 2000, No. 540; am. (1) (h),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 13-054: r. (1) (c), (d), am. (1) (h)
Register June 2014 No. 702, eff. 7-1-15;
EmR2123: emerg. am. (1) (i), eff. 8-21-21; CR 21-068: am. (1) (i) Register April 2022 No. 796, eff. 5-1-22.
NR 114.151
NR 114.151 Purpose. The purpose of this subchapter is to establish rules for the certification of septage servicing operators pursuant to s.
281.17 (3), Stats.
NR 114.151 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04.
NR 114.152
NR 114.152 Applicability. The provisions of this subchapter are applicable to all owners of septage servicing businesses and all operators performing septage servicing.
