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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 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 114.12 Required 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 114.13 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 NR 114.14 Sanctions.
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 114.151 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.
NR 114.152 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04.
NR 114.153 NR 114.153 Definitions. 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(4) (4) “Grade" means the classification assigned to a person under s. NR 114.17.
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" means the master operator who has been designated by the owner to be in direct responsible charge of the septage servicing business.
NR 114.153(6) (6) “Operator–in–training" means a person who has been properly registered as an operator–in–training with the department by the operator–in–charge.
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 maintains, services or transports portable restrooms under the supervision of an operator–in–charge.
NR 114.153(9) (9) “Septage" means the wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms.
NR 114.153(10) (10) “Septage servicing" means removing septage from a system and disposing of or recycling the septage.
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.
NR 114.16 NR 114.16 General 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) (2) An operator–in–training may engage in septage servicing for up to 12 months without being certified. The operator–in–training shall be considered to be doing septage servicing under the certificate of the designated operator–in–charge. The operator–in–charge shall notify the department, in writing, of the starting date, name and address of the operator–in–training and pay the operator–in–training fee before the person begins septage servicing. The operator–in–charge is responsible for the actions of the operator–in–training.
NR 114.16(3) (3) A portable restroom servicing assistant may service portable restrooms, including the maintenance of portable restrooms and the transportation of the restrooms and the septage from them without being certified. However, a portable restroom servicing assistant may not land apply any septage removed from portable restrooms. Portable restroom servicing assistants will be considered to be working under the certificate of the designated operator–in–charge and the operator–in–charge is responsible for their actions.
NR 114.16(4) (4) Each owner shall have a unique business license issued under s. NR 113.05, for any service shop that is more than 25 miles from another service shop.
NR 114.16(5) (5) A vehicle used by different businesses, under a single owner, or separate owners, shall be registered under each business license and each business license number shall be displayed on the vehicle.
NR 114.16(6) (6) A business license is not transferable.
NR 114.16 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: am. (1) Register July 2010 No. 655, eff. 8-1-10.
NR 114.17 NR 114.17 Certification grades.
NR 114.17(1) (1) Two general certification grades of septage servicing operators are established.
NR 114.17(1)(a) (a) A grade T operator is certified to conduct all aspects of septage servicing except the land application of septage. To qualify for certification as a grade T operator, a person shall pass the grade T examination.
NR 114.17(1)(b) (b) A grade L operator is certified to conduct all aspects of septage servicing including the land application of septage. To qualify for certification as a grade L operator, a person shall pass the grade L examination.
NR 114.17(2) (2) Any operator certified as a grade 1R on December 1, 2004, will automatically become certified as a grade T operator on that date.
NR 114.17(3) (3) Any operator certified as either a grade 1 or a grade 2 operator on December 1, 2004, will automatically become certified as a grade L operator on that date.
NR 114.17 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04.
NR 114.18 NR 114.18 Operator-in-charge or master operator.
NR 114.18(1)(1) The owner of a licensed business shall designate to the department the operator-in-charge of the business based upon their type of business and method of septage disposal as follows:
NR 114.18(1)(a) (a) If a septage servicing business does not conduct any land application of septage, the operator-in-charge shall be a grade T or a grade L master operator.
NR 114.18(1)(b) (b) If a septage servicing business does conduct any land application, the operator-in-charge shall be a grade L master operator.
NR 114.18(2) (2) Persons shall accrue at least 1600 hours of experience working in their designated grade certification over at least one calendar year, participate in a mandatory training class sponsored by the department and pass an examination associated with that class in order to become certified as a master operator. The class and examination may be taken prior to obtaining the required experience. The time and experience requirements shall be documented by the applicant through submittal of a notarized certification statement. The department may verify information submitted on a case-by-case basis. Master operator grade certification shall be consistent with their operator certification grade.
NR 114.18(3) (3) The mandatory training class for designation as a master operator shall be offered at least twice a year and will cover topics relevant to the septage servicing business and will cover both land application and disposition of septage at wastewater treatment facilities.
NR 114.18(4) (4) Owners shall notify the department of any change of the designated operator-in-charge within 15 days of the change.
NR 114.18 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: am. (title) and (1), r. (2), (4) and (5), renum. (3) and (6) to be (2) and (4) and am. (2), cr. (3) Register July 2010 No. 655, eff. 8-1-10.
NR 114.19 NR 114.19 Examinations and applications.
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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.