NR 524.05 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; am. (1) (a), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (intro.), (1) (a), (d), (2) (a), (e) 1. and 2. Register January 2006 No. 601, eff. 2-1-06. NR 524.06NR 524.06 Certified facility manager and certified site operator duties. NR 524.06(1)(1) Certified facility manager duties. A certified facility manager designated by the owner or operator under s. NR 524.05 (1) or (2) shall: NR 524.06(1)(b)(b) Ensure that the facility is operated in accordance with the approved plan of operation and other established facility policies and procedures; NR 524.06(1)(c)(c) Ensure that all staff at the solid waste disposal facility are trained in their job responsibilities, regulations affecting their jobs, and health and safety concerns relating to the site and their jobs. Training outlines and attendance shall be documented and made available to the department for inspection upon request; NR 524.06(1)(d)(d) Ensure that facility operation complies with applicable state laws; NR 524.06(1)(e)(e) Ensure that policies and procedures for proper and safe facility operations are developed and periodically updated. NR 524.06(2)(b)(b) Ensure that the facility is operated in accordance with the approved plan of operation and other established facility policies and procedures; NR 524.06(2)(c)(c) Ensure that the facility operation complies with applicable state laws. NR 524.06(3)(3) Personal liability. This section does not impose personal liability upon certified facility managers and certified site operators and does not relieve the owner or operator of a solid waste disposal facility from compliance with all applicable rules, plan approvals, statutes, licenses and orders. NR 524.06 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94. NR 524.07(1)(1) Facility managers who wish to be certified shall have knowledge of all of the following subjects: NR 524.07(1)(a)(a) General landfill theory and design. Basic design concepts for liners, leachate collection systems and capping and cover systems how these features protect groundwater, surface water and air quality; the reasoning for the types of soils that need to be used, and the construction and documentation requirements; the theory of active and passive gas systems. NR 524.07(1)(b)(b) General landfill operations. Elements of a plan of operation, how the plan of operation is implemented and modified, and how the plan of operation is enforced; handling and reporting of special waste and out-of-state waste, daily filling sequence including slopes and grades, and at a minimum how this affects wind blown litter, odor, dust, tracking mud onto public roads; surface water control; site security and daily cover. NR 524.07(1)(c)(c) General landfill maintenance. Regular maintenance of monitoring wells and leachate collection systems, cleaning and repair of the surface water control system, maintenance of the final cover system, and maintenance of the gas collection system. NR 524.07(1)(d)(d) Monitoring and reporting requirements. Routine monitoring and reporting concerning groundwater wells, leachate head wells, lysimeter and gas wells; reporting of spills and releases and other similar occurrences, annual reporting regrading waste volumes and types, out-of-state waste and the fees associated with them. NR 524.07(1)(e)(e) Employees health and safety. Hazardous substances, confined space entry and trench safety; health and safety plans and how the plans are developed for a particular site; precaution during screening of special wastes that cannot be brought into the facility and issues dealing with fire and explosion from landfill gas. NR 524.07(1)(f)(f) Employee training. How to develop, implement and document training and training programs for all personnel at the facility. At a minimum this shall include programs for all persons using heavy machinery in or around the waste, scale operators, landfill maintenance personnel and environmental monitoring personnel. Where appropriate and relevant to the position, training programs shall include but not be limited to health and safety instructions, waste identification and handling, and procedures for gaining approval to accept new waste sources or types. NR 524.07(1)(g)(g) Heavy equipment management. Handling and capabilities of landfill equipment and basic maintenance of this equipment. NR 524.07(3)(3) The department may require knowledge on additional subjects as the technology and regulations of solid waste disposal facility operations change. NR 524.07 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06. NR 524.08NR 524.08 Initial certification and examination. NR 524.08(1)(1) Terms of initial certification. An initial certification shall terminate 2 years after issuance. NR 524.08(2)(a)(a) Facility manager and site operator certification requirements. In order to be designated as a certified facility manager or certified site operator, an applicant shall meet all of the following requirements: NR 524.08(2)(b)(b) Additional requirements for facility managers. In addition to meeting the requirements of par. (a), in order to be designated as a certified facility manager, the applicant shall satisfactorily demonstrate to the department that the applicant has at least 2 years experience operating or being directly responsible for the operation, design, regulation, construction or administration of a solid waste facility. NR 524.08(3)(a)(a) The department shall administer examinations to determine the knowledge and proficiency of those seeking certification as certified facility managers and certified site operators. 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 exam under this section as allowed under its contract with the department. Examination results shall be made available to an applicant within 30 days of the examination date. NR 524.08(3)(b)(b) A score of 70 percent or higher shall be a passing score for the examination. NR 524.08(3)(d)(d) Persons seeking certification as facility managers and site operators shall file an examination application with the department and pay fees required under s. NR 520.04 (6). Applications and fees shall be submitted to the department no later than 10 business days prior to the examination date. NR 524.08(3)(em)(em) 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 524.08(3)(f)(f) Examination papers may not be returned to an applicant. Examination results shall be made available to an applicant within 30 days of the examination date. NR 524.08 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06; EmR2123: emerg. am. (3) (a), (b), r. (3) (c), am. (3) (d), cr. (3) (em), am. (3) (f), eff. 8-21-21; CR 21-068: am. (3) (a), (b), r. (3) (c), am. (3) (d), cr. (3) (em), am. (3) (f) Register April 2022 No. 796, eff. 5-1-22. NR 524.09(1)(1) Term of recertification. Recertification for certified facility managers and operators shall terminate 2 years after issuance. NR 524.09(2)(2) Recertification as a certified facility manager. In order to be recertified as a certified facility manager, a certified facility manager shall submit an application requesting recertification along with the fee specified in s. NR 520.04 (6) (c). The application shall be accompanied by a statement signed by a certified manager or the landfill owner indicating that within the previous 2 years, the applicant has completed 8 hours of continuing education on solid or hazardous waste management related subjects. NR 524.09(3)(3) Recertification as a certified site operator. In order to be recertified as a certified site operator, a certified site operator shall submit an application requesting recertification along with the fee specified in s. NR 520.04 (6) (d). The application shall be accompanied by a statement signed by a certified manager or the landfill owner indicating that within the previous 2 years, the applicant has completed 4 hours of continuing education on solid or hazardous waste management related subjects. NR 524.09 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06. NR 524.10(1)(1) If the designated certified facility manager becomes unable to perform the duties under s. NR 524.06 (1), the facility owner or operator shall immediately notify the department and either suspend operations at the facility, or take any of the following actions: NR 524.10(1)(b)(b) Request the approval of the department of an interim facility manager having a site operator certification under s. NR 524.08. NR 524.10(1)(c)(c) Request the approval of the department of an interim facility manager having an operator certification from another state. NR 524.10(1)(d)(d) Request the approval of the department of an interim facility manager who has at least 2 years of experience operating or being directly responsible for operation, design, regulation, construction or administration of a solid waste facility. NR 524.10(2)(2) In the event that a facility owner or operator does not have a designated certified site operator who is available to perform the duties under s. NR 524.06 (2), the facility owner or operator may request the approval of the department of an interim site operator who has at least one year of experience operating, or being directly responsible for, operation of a solid waste facility or in earth work construction. NR 524.10(3)(3) An interim facility manager or interim site operator may be used as a replacement for a person already designated as a certified facility manager or site operator under s. NR 524.05 only under the following conditions: NR 524.10(3)(a)(a) The owner or operator shall designate a person as an interim facility manager or interim site operator only once and for a maximum term of one year. NR 524.10(3)(b)(b) The owner or operator may not request successive approvals for interim facility managers or interim site operators for a solid waste disposal facility. NR 524.10(3)(c)(c) Persons who have had a certification under this chapter suspended or revoked within the previous 2 years may not be an interim facility manager or interim site operator. NR 524.10(3)(d)(d) The owner or operator may designate an interim facility manager or interim site operator only as a temporary replacement for an existing designated certified facility manager or designated certified site operator under s. NR 524.05. NR 524.10 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06. NR 524.11NR 524.11 Reciprocity. There may be no reciprocity for certifications received from other states, except that the department may grant for a maximum term of one year for an interim facility manager or interim site operator certification to a person who is certified in solid waste disposal facility operations in other states. To obtain approval as an interim facility manager or interim site operator, a person shall meet the requirements of s. NR 524.10 (3) (b), (c) and (d) and submit to the department and obtain approval of the following: NR 524.11(1)(1) Documentation of the solid waste disposal facility operator certification from another state. NR 524.11(2)(2) A statement from the person specifying the location, type of work performed and dates of employment. NR 524.11 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: am. (intro.) Register January 2006 No. 601, eff. 2-1-06. NR 524.12(1)(1) Fees for examination, initial certification, recertification and interim status approvals shall be as specified in s. NR 520.04 (6). NR 524.12(2)(2) The appropriate fee shall accompany the completed application. NR 524.12(3)(3) A late processing fee specified in s. NR 520.04 (6) (i) in addition to the fee under s. NR 520.04 (6) (c) or (d) shall be paid by persons seeking recertification if their certification has expired for less than 6 months. If the certification has expired for more than 6 months, a person seeking certification shall apply for initial certification under s. NR 524.08. NR 524.12 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06. NR 524.13NR 524.13 Issuance of certificates. The department shall issue a certificate to each facility manager or site operator who meets the requirements for certification under this chapter. NR 524.13 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94. NR 524.14NR 524.14 Suspension or revocation and refusal to renew certifications. NR 524.14(1)(1) The department may make investigations and may, on its own motion, revoke, suspend or refuse to renew any certification under this chapter if the department finds that the holder of the certification has done any of the following: NR 524.14(1)(a)(a) Made a material misstatement in an application for initial certification or any application for recertification. NR 524.14(1)(c)(c) Falsified any monitoring or operating or other records maintained at the solid waste disposal facility or submitted to the department. NR 524.14(1)(d)(d) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 289, Stats., or any administrative rules, licenses or orders under those sections. NR 524.14(2)(2) Notice of revocation, suspension or refusal to renew a certificate shall be served on the certified facility manager or certified site operator and the owner or operator of the solid waste disposal facility, and shall state the reasons for revocation, suspension or refusal to renew. NR 524.14(3)(3) A revocation, suspension or refusal to renew a certificate shall take effect on the 30th day after the notice is received, unless the certified facility manager or site operator files a written request for a hearing under s. 227.42, Stats., with the department prior to the 30th day, and the written request is granted under s. 227.42, Stats. If the request for a contested case hearing is granted, the revocation, suspension or refusal to renew is stayed and the department shall conduct a hearing on the matter. If after the hearing the department finds that sufficient grounds exist under sub. (1) to revoke, suspend or refuse to renew the certification, it shall affirm or modify its earlier decision. The final decision of the department, including the reasons for the revocation, suspension or refusal to renew a certificate shall be provided in writing to the facility manager or site operator. The final decision is subject to judicial review under ss. 227.52 to 227.53, Stats. NR 524.14(4)(4) In lieu of suspending, revoking or refusing to renew a certification under this chapter, the department may require the certified facility manager or certified site operator to undergo additional training specified by the department as necessary to correct any deficiency specified by the department in its notice of revocation, suspension or refusal to renew. NR 524.14 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: am. (1) (b) Register January 2006 No. 601, eff. 2-1-06; correction in (1) (a), (b), and (c) made under s. 35.17, Stats., Register July 2015 No. 715.
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