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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.
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; CR 20-046: renum. (2) to (2) (a), (b) and am., cr. (2) (c), (d) Register September 2021 No. 789, eff. 10-1-21.
NR 114.17 NR 114.17Certification grades.
NR 114.17(1)(1)The following 2 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(2m)(a) (a) The department may convert a grade L certification to a grade T certification in any of the following circumstances:
NR 114.17(2m)(a)1. 1. A grade L certified operator requests the department in writing to convert the certification to a grade T certified operator.
NR 114.17(2m)(a)2. 2. A grade L master operator requests the department in writing to convert the certification to a grade T master operator.
NR 114.17(2m)(a)3. 3. The department converts the certification as specified under s. NR 114.24 (2).
NR 114.17(2m)(b) (b) After reviewing the request under par. (a) 1. or 2. and upon satisfaction that the request meets the requirements of this chapter, the department shall issue a converted grade T certification.
NR 114.17 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: am. (1) (intro.), r. (2), cr. (2m), r. (3) Register September 2021 No. 789, eff. 10-1-21.
NR 114.18 NR 114.18Operator-in-charge and master operator.
NR 114.18(1)(1)The owner of a licensed business shall in writing designate to the department the operator-in-charge of the business based upon the 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)Applicants for master operator shall accrue at least 1600 hours of experience working in the operator's designated grade certification, including land application experience if grade L, over at least one calendar year, participate in a mandatory training class sponsored by the department, and pass examinations associated with that training 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 the person's operator certification grade.
NR 114.18(3) (3)The mandatory training class for certifying a master operator shall be offered at least twice a year and shall cover topics relevant to the septage servicing business and shall cover both land application and disposal of septage at wastewater treatment facilities.
NR 114.18(4) (4)Owners shall notify the department in writing of any change of the designated operator-in-charge within 15 days of the change.
NR 114.18(5) (5) The master operator designated by the owner as the operator-in-charge shall agree to the designation in writing. The written agreement shall be submitted and approved by the department prior to approving the master operator as the operator-in-charge of the business.
NR 114.18(6) (6) The department may convert a master operator to a certified operator in any of the following circumstances:
NR 114.18(6)(a) (a) A grade L master operator requests the department in writing to convert the certification to a grade L certified operator.
NR 114.18(6)(b) (b) A grade T master operator requests the department in writing to convert the certification to a grade T certified operator.
NR 114.18(6)(c) (c) The department converts the certification as specified under s. NR 114.24 (2).
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; CR 20-046: am. (title), (1) (intro.), (2) to (4), cr. (5), (6) Register September 2021 No. 789, eff. 10-1-21.
NR 114.19 NR 114.19Examinations and applications.
NR 114.19(1)(1)The department shall use examinations to determine the knowledge and ability of an applicant to do septage servicing. A score of 75% or higher shall be a passing score on each written examination. The department may give oral examinations in lieu of the written examination upon a showing that the applicant has difficulty reading the written examination and if the applicant can demonstrate the ability to properly perform septage servicing without a better reading ability. A score of 75% or higher shall be a passing score on each oral examination. Electronic examinations will be acceptable as administered by the department should that technology become available at a future date.
NR 114.19(2) (2)The department shall conduct written examinations on weekdays at least 2 times annually in all 5 department regions.
NR 114.19(3)(a)(a) A person desiring to be certified shall file an application with the department at least 28 days prior to the established date of a written examination on an application form provided by the department.
NR 114.19(3)(b) (b) A person wishing to register for the master operator exam shall file an application with the department at least 28 days prior to the established date of a written examination on an application form provided by the department.
NR 114.19(3)(c) (c) Fees shall accompany the completed application.
NR 114.19(4) (4)Written examinations may not be issued to applicants who have not properly registered 28 days prior to the examination date, or who fail to identify themselves on request when appearing to take an examination.
NR 114.19(5) (5)Examination papers may not be returned to an applicant. Examination results shall be mailed to the applicant within 30 days of the examination date.
NR 114.19(6) (6)Applicants who fail to pass a written examination may apply to the department for reexamination at a subsequent scheduled examination.
NR 114.19(7) (7)Notwithstanding subs. (2) to (4), the department may allow for the examinations to be given at more frequent intervals and at locations to be determined, in addition to the twice annual examinations specified in sub. (2), and may waive the 28 day application requirement specified in sub. (3). Fees shall be submitted no later than the date of the examination in those cases.
NR 114.19(8) (8)Notwithstanding the requirements of sub. (6), applicants who fail the examination associated with the mandatory training class required under s. NR 114.18 (2) may retake the examination at a regional office whenever a mutually agreed time can be scheduled.
NR 114.19 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: am. (8) Register July 2010 No. 655, eff. 8-1-10; CR 20-046: renum. (3) to (3) (a), (c), cr. (3) (b), am. (4), (8) Register September 2021 No. 789, eff. 10-1-21.
NR 114.195 NR 114.195Non-delinquency certificate from the department of children and families and the department of revenue.
NR 114.195(1)(1)The department shall request a non-delinquency certificate from the department of children and families and the department of revenue under ss. 49.857 and 73.0301, Stats., prior to issuing or renewing an operator certificate, or registering a person as an operator-in-training.
NR 114.195(2) (2) If the department receives notice that a non-delinquency certificate cannot be issued from the department of children and families or the department of revenue the application is denied.
NR 114.195 History History: CR 20-046: cr. Register September 2021 No. 789, eff. 10-1-21.
NR 114.20 NR 114.20Fees.
NR 114.20(1)(1)Fees for certification shall be as follows:
NR 114.20(1)(a) (a) Each written or oral examination — $100.00
NR 114.20(1)(b) (b) Certification renewal for certified operator other than master operator — $65.00
NR 114.20(1)(c) (c) Late renewal penalty per certificate — $100.00
NR 114.20(1)(d) (d) Septage operator– in–training registration — $25.00
NR 114.20(1)(e) (e) Master operator certification initial issuance and renewal — $100.00
NR 114.20(2) (2)The department may not refund fees to an applicant who fails to pass an examination, who fails to appear to take an examination, or who fails to identify themselves on request when appearing to take an examination.
NR 114.20(3) (3)All fees collected under this section shall be used by the department for the purposes of implementing this subchapter and ch. NR 113.
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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.