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 NoteNote: 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 HistoryHistory: 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 114.195NR 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 HistoryHistory: 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 HistoryHistory: 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 114.21NR 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 HistoryHistory: 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 114.23NR 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: 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 HistoryHistory: 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. NR 114.25 HistoryHistory: 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. NR 114.26NR 114.26 Purpose. 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 HistoryHistory: Cr. Register, December, 2000, No. 540, eff. 1-1-01. NR 114.27NR 114.27 Applicability. The provisions of this subchapter are applicable to all owners and operators of water systems as defined in this subchapter. NR 114.27 HistoryHistory: Cr. Register, December, 2000, No. 540, eff. 1-1-01. NR 114.28NR 114.28 Definitions. 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 NoteNote: 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. NR 114.28(6)(6) “Direct responsible charge” means the responsibility to provide detailed on-site technical direction of the operation of a water system. NR 114.28(7)(7) “Operate” means to be in direct responsible charge of a subclass of operations at a water system. NR 114.28(8)(8) “Operator-in-charge” means the person designated by the owner of a water system to be in direct responsible charge of a subclass of operations of the water system. Not included in this definition are managers, engineers, directors or the equivalent, who are not actually involved in day-to-day operations of the system. NR 114.28(9)(9) “Owner” means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution, association, utility district, school district, joint sewerage commission or individual owning or operating any water system. NR 114.28(10)(10) “Subclass” means a letter assigned a plant or system based upon a particular type of process at the plant and the letter assigned to a person based on passing an examination for a specific operational process. NR 114.28(11)(11) “Water system” means an other than municipal community or a non-transient non-community public water system as defined in pars. (a) and (b): NR 114.28(11)(a)(a) “Other than municipal community water system” means a community water system that is not a municipal water system and is not a waterworks as defined in sub. (11). Examples of other than municipal community water systems include, but are not limited to, those serving mobile home parks, apartments and condominiums. NR 114.28(11)(b)(b) “Non-transient non-community water system” means a non-community water system that regularly serves at least 25 of the same persons over 6 months per year and is not a waterworks as defined in sub. (11). Examples of non-transient non-community water systems include, but are not limited to, those serving schools, day care centers and factories. NR 114.28(12)(12) “Waterworks” means a community water system owned by, or a private utility serving, a county, city, village, town, town sanitary district, utility district or a county–owned or state–owned public institution for congregate care or correction, which includes but is not limited to correctional institutions, correctional camp systems, county jails or houses of correction, mental health institutes, schools for the handicapped, hospitals, infirmaries and asylums. NR 114.28 HistoryHistory: Cr. Register, December, 2000, No. 540, eff. 1-1-01. NR 114.29NR 114.29 Classification of water systems. NR 114.29(1)(1) The classification of each water system shall be class 1 and assigned one or more of the applicable subclasses listed in sub. (3) based on the operations performed at the system. NR 114.29(2)(2) Each water system shall be assigned a minimum of subclass O and additional subclasses for each treatment or process utilized and listed in sub. (3). NR 114.29(3)(3) The following subclasses are established for both water system classifications and operator certification:
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