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NR 114.06(4) (4)Fees will not be refunded to an applicant who fails to pass a written certification examination, who fails to appear to take the examination, or who fails to identify himself or herself on request.
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.
NR 114.07 NR 114.07Issuance 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 114.10Classification 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 114.11Qualification 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 written 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(3) (3)Operator subclasses are the same as waterworks subclasses listed in s. NR 114.10.
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.
NR 114.12 NR 114.12Required grades for the operation of waterworks.
NR 114.12(2)(2)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 114.13Operator-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 NR 114.14Sanctions.
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)(f) (f) Failed to provide public notification of a violation of ch. NR 809.
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 writing examinations, or removing 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.
subch. II of ch. NR 114 Subchapter II — Certification of Septage Servicing Operators
NR 114.151 NR 114.151Purpose. 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 114.152Applicability. The provisions of this subchapter are applicable to all owners of septage servicing businesses and all operators performing septage servicing.
NR 114.152 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04.
NR 114.153 NR 114.153Definitions. In the subchapter:
NR 114.153(1) (1)“Business" means a business licensed under s. NR 113.05 that does septage servicing.
NR 114.153(2) (2)“Certificate" means a certificate issued under s. NR 114.21.
NR 114.153(3) (3)“Certified operator" means a person who has been issued a certificate by the department to do septage servicing.
NR 114.153(3e) (3e) “ Certified operator continuing education” means continuing education approved by the department with a focus on code compliance with chs. NR 113, 114, and other relevant provisions in the administrative code.
NR 114.153 Note Note: Certified operator continuing education is commonly known in the industry as “compliance” training.
NR 114.153(3m) (3m) “ Department” means the department of natural resources.
NR 114.153(3s) (3s) “ Disposal” means the controlled discharge of septage to a POTW, treatment or storage lagoon, or agricultural field for the purpose of recycling nutrients back into the environment.
NR 114.153(4) (4)“Grade" means the classification assigned to a person under s. NR 114.17.
NR 114.153(4e) (4e) “ Land application” or “landspreading” or “land applied” or “landspread” means the spreading of septage onto the land surface, the injection of septage below the land surface, or the incorporation of septage into the soil, so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil.
NR 114.153(4m) (4m)“Master operator" means a certified operator who has been issued a master operator certificate by the department.
NR 114.153(5) (5)“Operator–in–charge” or “OIC” means the master operator who has been designated by the owner to be directly responsible for the operation of the septage servicing business.
NR 114.153(6) (6)“Operator–in–training” or “OIT” means a person who has been properly registered as an operator–in–training with the department by the operator–in–charge under s. NR 114.16 (2) (c).
NR 114.153(7) (7)“Owner" means the holder of a septage service business license issued under s. NR 113.05.
NR 114.153(8) (8)“Portable restroom servicing assistant” means a person who services portable restrooms under the supervision of an operator–in–charge.
NR 114.153(8g) (8g) “ Private on-site wastewater treatment system” or “POWTS” has the meaning given under s. 145.01 (12), Stats.
NR 114.153(8r) (8r) “ Publicly owned treatment works” or “POTW” has the meaning given under s. NR 211.03 (11).
NR 114.153(9) (9)“Septage” has the meaning given under s. NR 113.03 (55).
NR 114.153(10) (10)“Service” or “Servicing” has the meaning given under s. NR 113.03 (57).
NR 114.153(11) (11)“Service shop" means a shop from which work is dispatched.
NR 114.153 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: cr. (4m), am. (5) Register July 2010 No. 655, eff. 8-1-10; CR 20-046: cr. (3e) to (3s), (4e), am. (5), (6), (8), cr. (8g), (8r), am. (9), (10) Register September 2021 No. 789, eff. 10-1-21.
NR 114.16 NR 114.16General requirements.
NR 114.16(1)(1)Only a certified operator, master operator, operator–in–training or a portable restroom servicing assistant, may engage in septage servicing.
NR 114.16(2)(a)(a) An operator–in– training may engage in septage servicing for up to 12 months without being certified. After 5 years from the end of the last operator-in-training 12-month term, a person that was registered with the department as an operator-in-training may be re-registered with the department as an operator-in-training and engage in septage servicing for up to 12 months without being certified.
NR 114.16(2)(b) (b) The operator–in– training shall be considered to be doing septage servicing under the certification of the designated operator–in–charge. The operator–in–charge is responsible for the actions of the operator–in–training.
NR 114.16(2)(c) (c) The operator-in-charge shall register the operator-in-training by notifying the department, in writing, of the starting date, name, and address of the operator-in-training, pay the operator-in-training registration fee, and receive written confirmation from the department that the operator-in-training meets the requirements of registration prior to the operator-in-training beginning septage servicing.
NR 114.16(2)(d) (d) Upon receiving an operator-in-training registration request from the operator-in-charge of a licensed septage business, the department shall follow the procedures under s. NR 114.195 prior to registering the person as an operator-in-training.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.