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; correction in (1), (2) (c), (3) made under s.
35.17, Stats.,
Register September 2021 No. 789.
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)(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 114.18 Operator-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 examinations 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 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; correction in (2) made under s.
35.17, Stats.,
Register September 2021 No. 789.
NR 114.19
NR 114.19 Examinations 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 percent or higher shall be a passing score on each examination. The department may give oral examinations in lieu of the written
or online examination upon a showing that the applicant has difficulty reading the examination and if the applicant can demonstrate the ability to properly perform septage servicing without a better reading ability. A score of 75 percent or higher shall be a passing score on each oral examination.
NR 114.19(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 114.19(3)
(3) A person desiring to be certified shall file a completed examination application with 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 114.20 shall accompany the completed application.
NR 114.19 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 114.19(5)
(5) Examination results shall be made available to an applicant within 30 days of the examination date.
NR 114.19(6)
(6) An applicant who fails to pass an examination may apply to the department for reexamination.
NR 114.19(8)
(8) Notwithstanding the requirements of sub.
(6), an applicant who fails the examination associated with the mandatory class required under s.
NR 114.18 (2) may apply to retake the examination.
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; correction in (1) made under s.
35.17, Stats.,
Register September 2021 No. 789;
EmR2123: emerg. am. (1), r. and recr. (2), (3), r. (4), am. (5), (6), r. (7), am. (8), eff. 8-21-21; CR 21-068: am. (1), r. and recr. (2), (3), r. (4), am. (5), (6), r. (7), am. (8) Register April 2022 No. 796, eff. 5-1-22.
NR 114.195
NR 114.195 Non-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(1)(b)
(b) Certification renewal for certified operator other than master operator — $65.00
NR 114.20(1)(e)
(e) Master operator certification initial issuance and renewal — $100.00
NR 114.20(1)(f)
(f)
A 3rd-party organization may charge additional fees to administer an online exam.
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.
NR 114.20(4)
(4) 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 114.20 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 09-123: cr. (1) (e)
Register July 2010 No. 655, eff. 8-1-10;
CR 20-046: am. (1) (b), (e), (2)
Register September 2021 No. 789, eff. 10-1-21;
EmR2123: emerg. am. (1) (a), cr. (1) (f), (4), eff. 8-21-21; CR 21-068: am. (1) (a), cr. (1) (f), (4) Register April 2022 No. 796, 5-1-22; correction in (1) (f) made under s. 35.17, Stats., Register April 2022 No. 796. NR 114.21
NR 114.21 Issuance of certification. Upon satisfactory fulfillment of the qualifications required under this subchapter and receipt of the certification fee, the department shall issue a certification to an applicant indicating the operator certification and grade for which the applicant has qualified.
NR 114.22(1)(1)
All certificates shall expire 3 years from the date of issuance. The renewal fee is due on the expiration date of the certificate. Any renewal application postmarked after the expiration date shall also include the late renewal penalty fee.
NR 114.22(2)
(2) A person who desires to renew a certificate shall submit evidence of having met the continuing education requirements in s.
NR 114.23 for approved training courses or other credit which they have successfully completed during the 3 year period. Failure to successfully complete and document the appropriate number of hours of approved training within the 3 year period shall result in rejection of a certificate renewal application.
NR 114.22(3)(a)(a) A person whose certification has expired may within one year of the expiration date be reinstated by paying the renewal fee, the late penalty fee, and fulfilling the continuing education requirements.
NR 114.22(3)(b)
(b) If a person's master operator certification is expired less than 5 years but more than 1 year, the person may use previous septage operator work experience from the 2 years prior to the expiration date to fulfill the 1600-hour master operator experience requirement. The department may require the person to participate in the required master operator training class and pass the appropriate the master operator examinations to fulfill the master operator requirements.
NR 114.22(3)(c)
(c) An operator, including a master operator, may not renew a certification by taking certification examinations in lieu of obtaining continuing education credits unless the certification has been expired for at least one year.
NR 114.22(3)(d)
(d) An operator, including a master operator, may not continue to service with an expired certification.
NR 114.22 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 20-046: renum. (3) to (3) (a), (c), (d) and am., cr. (3) (b)
Register September 2021 No. 789, eff. 10-1-21.
NR 114.23
NR 114.23 Continuing education and training requirements. NR 114.23(1)(1)
All grade T and grade L septage operators shall obtain 3 hours of certified operator continuing education within the 3-year term of the certification.
NR 114.23(2)
(2) All grade T and grade L master operators shall obtain 18 hours of department approved continuing education, including not less than 3 hours of certified operator continuing education, within the 3-year term of the certification.
NR 114.23(3)
(3) The department shall develop or approve training relevant to the septage servicing profession sufficient to fulfill the continuing education requirements of this subchapter. The training shall be offered at frequencies and at diverse enough locations around the state so as to facilitate fulfillment of these requirements. Master operators may use attendance at industry trade shows to satisfy three department approved continuing education hours. The sponsor of the trade show or the person attending the trade show shall submit relevant documentation to obtain department approval for attendance at the show.
NR 114.23(4)
(4) Any septage operator may voluntarily participate in the mandatory training class required under s.
NR 114.18 (2) and
(3), even if not required to, and may receive the associated hours of continuing education.
NR 114.23 Note
Note: Certified operator continuing education is commonly known in the industry as compliance continuing education. All other hours approved by the department to meet the remaining continuing education are commonly known as general septage education.
NR 114.23 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 09-123: am. (1) and (2), r. (4), renum. (5) to be (4) and am.
Register July 2010 No. 655, eff. 8-1-10;
CR 20-046: am.
Register September 2021 No. 789, eff. 10-1-21.
NR 114.24(1)(1)
The department shall revoke an operator's certification and may not issue or renew a certificate for septage servicing for a period of 2 years if an operator has accumulated 6 or more violations of chs.
NR 113,
114 or s.
29.601, Stats., in any 3 year certification period. Enforcement may be taken against the operator, the operator-in-charge responsible for the operator, or both. Each violation shall count against the business for purposes of license renewal as specified in s.
NR 113.05 (3).
NR 114.24(2)
(2) 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, refuse to issue, convert certification grade, or refuse to renew any operator's certification if the department finds that the holder of or applicant for a certification does any of the following:
NR 114.24(2)(a)
(a) Uses deception or any form of dishonesty when taking an examination, or removes examination material from an examination site.
NR 114.24(2)(b)
(b) Demonstrates incompetence to perform septage servicing as required by this chapter.
NR 114.24(2)(c)
(c) Falsifies any required applications, operating records, or any other records submitted to the department.
NR 114.24 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: am. (2) (intro.), (c)
Register September 2021 No. 789, eff. 10-1-21;
EmR2123: emerg. am. (2) (a), eff. 8-21-21; CR 21-068: am. (2) (a) Register April 2022 No. 796, eff. 5-1-22. NR 114.245(2)
(2)
Deposit schedule. Deposit amounts, not including applicable court costs, surcharges, and assessments, for violations of ss.
NR 114.16 to
114.23 are $500.00 for each violation.
NR 114.245 History
History: CR 20-046: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 114.25(1)(1)
General. A certified septage operator may request a variance from any non-statutory requirement of this chapter. The department may approve a variance from requirements of this chapter when special circumstances show that a variance will not negatively impact the environment or pose a threat to public health.
NR 114.25(2)
(2)
Request for variance. An applicant for a variance shall submit a written request for a variance to the department, as far in advance as possible. Each request for a variance shall contain all of the following:
NR 114.25(2)(a)
(a) The name, address, phone number, and operator certification number of the applicant.
NR 114.25(2)(b)
(b) The section or sections of this chapter from which a variance is sought and a statement explaining why it is requested.
NR 114.25(2)(c)
(c) A full description of the variance and the circumstances in which it will be used, including any pertinent background information which is relevant to making a determination on the justification for granting the variance.
NR 114.25(2)(d)
(d) A statement as to whether the same or similar variance has been requested previously, and if so, outcome of the previous request.
NR 114.25(3)
(3)
Written determination. The department shall approve or deny the variance in writing. A copy of each variance request and the department's decision shall be retained by the operator.
NR 114.25(4)
(4)
Variance cancellation. Violations of chs.
NR 113 and
114 may result in the cancellation of a previously approved variance.
