—Wisconsin: $25 + $90 estimated online fee (proposed $115 total cost)
—Indiana: $25 + $100 for license
—Ohio: N/A (no exam required)
—Illinois: $50 well driller or pump installer, $80 well driller and pump installer, $175 closed loop driller
—Iowa: $100 plus $300 driller license, $250 pump installer license
—Michigan: $40 driller, $25 pump installer
—Minnesota: $75
—Illinois is considering third-party exams. Fees are currently $500.
—Iowa is offering online exams only during the pandemic for $20.
—Indiana offers an online exam. Fees are $175 to $225 for third-party exams.
—Michigan does not require exams for landfill operators.
—Minnesota offers a written exam only. Fees are $375 which include a class and exam.
—Ohio is currently developing a landfill operator certification program.
—Wisconsin fees are $200 for site operator examinations. (With $70 estimated online fee, a proposed $270 total cost.)
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Not applicable. No changes are being proposed to a regulatory approach. Minor procedural changes are being proposed to allow more options for taking exams.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The department administers approximately 3,000 exams to 1,500 individuals each year. The proposed rule change would allow a third-party organization to administer those exams and charge fees to cover the cost of providing any examination as allowed under its contract with the department. The department has executed a contract with the Association of Boards of Certification (ABC) to administer exams at a cost of $70 for a one-hour session, $80 for two hours, and $90 for 3 hours. Most exams can be completed in one hour. However, exams for water well drillers, heat exchange drillers, and pump installers can typically take up to three hours, so they would likely need to pay for the $90 session. There are approximately 140 individuals who take these longer exams each year. On average the department anticipates that 500 individuals will register for the one-hour session to take one exam, 1,000 individuals will sign up for the two-hour session to take two or three exams, and 140 individuals will take the three-hour exam each year.
The combined statewide cost increase for exams would be approximately $128,000. However, there would be some savings in travel costs with an increase in the number of testing sites.
11. Effect on Small Business (initial regulatory flexibility analysis):
The department estimates that the maximum annual cost increase for small businesses will be $24,500.
Septage Servicing Businesses – an average of 150 operators take exams annually. The cumulative maximum annual cost increase for this business sector will be approximately $10,500 (150 exams X $70/one-hour exam session).
Well Drillers, Pump Installers, Heat Exchange Drillers – an average of 140 individuals take this exam annually. The cumulative maximum annual cost increase for this business sector will be approximately $12,600 (140 exams X $90/three-hour exam session).
Landfills – an average of 20 new operators take this exam annually. The cumulative maximum annual cost increase for this business sector will be approximately $1,400 (20 exams X $70/one-hour exam session).
12. Agency Contact Person:
For Operator Certification Program:
Steve Geis, Certification Services Section Chief, Bureau of Environmental Analysis & Sustainability; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-572-2752;
For Waterworks and Water Systems:
Steve Elmore, Program Director, Bureau of Drinking Water and Groundwater; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-259-6100;
E-mail: Steve.Elmore@wisconsin.gov For Wastewater and Septage Systems:
Wade Strickland, Permits Section Chief, Bureau of Water Quality; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-669-0171;
E-mail: Wade.Strickland@wisconsin.gov For Landfill Systems:
Kate Strom Hiorns, Solid Waste Section Chief, Bureau of Waste and Materials Management; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-294-8663
For Private Water Licensing:
Marty Nessman, Private Water Section Chief - Bureau of Drinking Water and Groundwater; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-574-2592
13. Place where comments are to be submitted and deadline for submission:
A public hearing was held on October 12, 2021. Comments were accepted through October 15, 2021.
RULE TEXT
Section 1 NR 114.05 (1) is amended to read:
NR 114.05 (1) Examinations and on-the-job experience shall be used to determine knowledge, skill, and ability of the applicant to perform duties at a waterworks. A score of 75% percent or higher shall be a passing score on each written examination. An applicant desiring to be certified to perform duties at a waterworks shall submit a completed examination application to the department at least 28 days prior to the established date of a written examination on an application form provided by 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 inunder s. NR 114.06 shall accompany the application. Applicants shall be notified of their eligibility for examination. Section 2 NR 114.05 (1) (Note) is created to read:
NR 114.05 (1) 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. Section 3 NR 114.05 (2) is repealed and recreated to read:
NR 114.05 (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.
Section 4 NR 114.05 (3) and (4) are repealed.
Section 5 NR 114.05 (5) and (6) are amended to read:
NR 114.05 (5) Examination papers may not be returned to an applicant. Examination results willshall be mailed made available to an applicant within 60 30 days of the examination date.
(6) Applicants An applicant who failfails to pass a written an examination may apply to the department for reexamination at a subsequent scheduled examination.
Section 6 NR 114.06 (1) (a) is amended to read:
NR 114.06 (1) (a) Each written examination $25.00
Section 7 NR 114.06 (1) (e) is created to read:
NR 114.06 (1) (e) A third-party organization may charge additional fees to administer an online exam.
Section 8 NR 114.06 (4) is amended to read:
NR 114.06 (4) Fees willmay not be refunded to an applicant who fails to pass a written certification an examination, who fails to appear to take the examination, or who fails to identify himself or herself on request.
Section 9 NR 114.06 (5) is created to read:
NR 114.06 (5) 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. Section 10 NR 114.11 (1) (a) is amended to read:
NR 114.11 (1) (a) Grade T. Pass the written examination for the given waterworks subclass.
Section 11 NR 114.14 (1) (i) is amended to read:
NR 114.14 (1) (i) Used deception or any form of dishonesty when writing examinations taking an examination, or removing removed examination materials from the examination site.
Section 12 NR 114.19 (1) is amended to read:
NR 114.19 (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 or online 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.
Section 13 NR 114.19 (2) is repealed and recreated to read:
NR 114.19 (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.
Section 14 NR 114.19 (3) is repealed and recreated to read:
NR 114.19 (3) A person desiring to be certified shall file an a completed examination 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. 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. Section 15 NR 114.19 (3) (Note) is created to read:
NR 114.19 (3) 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. Section 16 NR 114.19 (4) is repealed.
Section 17 NR 114.19 (5) and (6) are amended to read:
