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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(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; correction in (2) made under s. 35.17, Stats., Register September 2021 No. 789.
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 percent 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 percent 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; correction in (1) made under s. 35.17, Stats., Register September 2021 No. 789.
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.
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.
NR 114.21 NR 114.21Issuance 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 114.21 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: am. Register September 2021 No. 789, eff. 10-1-21.
NR 114.22 NR 114.22Certificate renewals.
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 114.23Continuing 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 NR 114.24Sanctions.
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 writing examinations, 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.
NR 114.245 NR 114.245Enforcement.
NR 114.245(1)(1)Citations. Under s. 281.48 (3) (e), and (5s), Stats., the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99, Stats., to collect a forfeiture for a violation of ss. NR 114.16 to 114.23. Deposit amounts are listed under sub. (2).
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(3) (3)Penalties. Any person who violates ss. NR 114.16 to 114.23 shall be subject to penalties as provided under s. 281.98, Stats.
NR 114.245 History History: CR 20-046: cr. Register September 2021 No. 789, eff. 10-1-21.
NR 114.25 NR 114.25Variances.
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.
NR 114.25 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: am. (3) (title), cr. (4) Register September 2021 No. 789, eff. 10-1-21; correction in (2) (a) made under s. 35.17, Stats., Register September 2021 No. 789.
subch. III of ch. NR 114 Subchapter III — Certification of Water System Operators
NR 114.26 NR 114.26Purpose. The purpose of this subchapter is to establish rules for the certification of water system operators pursuant to s. 281.17 (3), Stats.
NR 114.26 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
NR 114.27 NR 114.27Applicability. The provisions of this subchapter are applicable to all owners and operators of water systems as defined in this subchapter.
NR 114.27 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.
NR 114.28 NR 114.28Definitions. In this subchapter:
NR 114.28(1) (1)“Certificate" means a printed document issued by the department, pursuant to this subchapter, stating that the operator named therein has met the competency requirements for certification.
NR 114.28(2) (2)“Certified operator" means a person who has met the requirements of this subchapter and has been issued a certificate by the department to work at a water system.
NR 114.28(3) (3)“Classification" or “class" means a number assigned to a water system based on a rating system.
NR 114.28(4) (4)“Community water system" has the meaning given in s. NR 809.04 (4).
NR 114.28 Note Note: Section NR 809.04 (4) defines “community water system" to mean “a public water system which serves at least 15 service connections used by year–round residents or regularly serves at least 25 year–round residents. Any public water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered a community water system unless information is available to indicate that 25 year–round residents will not be served."
NR 114.28(5) (5)“Department" means the department of natural resources.
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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.