NR 114.14(1)(1) 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 or refuse to renew as provided in this section any operator’s certificate, or reprimand the operator if the department finds that the holder of the certificate has done any of the following: NR 114.14(1)(a)(a) Made a material misstatement in the application for certification or any application for a renewal of certification. NR 114.14(1)(b)(b) Demonstrated incompetence to operate the type of facility or subclass for which the certificate was issued. NR 114.14(1)(e)(e) Failed to notify the department of a violation of a maximum contaminant level as required in ch. NR 809 and the construction requirements of ch. NR 811 by the operator-in-charge of a waterworks operation. NR 114.14(1)(g)(g) Falsified any monitoring, operating or other records submitted to the department, or provided by the department. NR 114.14(1)(h)(h) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 281, Stats., or any administrative codes, permits or orders adopted or issued under those chapters. NR 114.14(1)(i)(i) Used deception or any form of dishonesty when taking an examination, or removed examination materials from the examination site. NR 114.14(2)(2) Notice of revocation of, suspension of or refusal to renew a certificate shall be served on the certified operator and shall state the reasons for revocation, suspension or refusal to renew. NR 114.14(3)(3) Revocation of, suspension of or refusal to renew a certificate shall take effect on the 10th day after the notice is served, unless the certified operator files a written answer with the department prior to the 10th day. If an answer is filed, the revocation, suspension of or refusal to renew is stayed and the department shall conduct a hearing on the matter within 30 days after receipt of the answer. At least 10 days prior to the date of the hearing, the department shall send a written notice to the operator indicating the date, time and location of the hearing. The final determination of the department, including the basis for the decision, shall be provided in writing to the operator. A suspended operator may not be the operator-in-charge of a facility for the duration of the suspension. NR 114.14(4)(4) Application may be made for taking the necessary examinations for a new certificate one year after the date of revocation or refusal to renew. NR 114.14(5)(5) Any order revoking or suspending a certificate is subject to judicial review as provided in ch. 227, Stats. NR 114.14 HistoryHistory: Cr. Register, September, 1995, No. 477, eff. 10-1-95; corrections in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540; am. (1) (h), Register, December, 2000, No. 540, eff. 1-1-01; CR 13-054: r. (1) (c), (d), am. (1) (h) Register June 2014 No. 702, eff. 7-1-15; EmR2123: emerg. am. (1) (i), eff. 8-21-21; CR 21-068: am. (1) (i) Register April 2022 No. 796, eff. 5-1-22. NR 114.151NR 114.151 Purpose. The purpose of this subchapter is to establish rules for the certification of septage servicing operators pursuant to s. 281.17 (3), Stats. NR 114.151 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04. NR 114.152NR 114.152 Applicability. The provisions of this subchapter are applicable to all owners of septage servicing businesses and all operators performing septage servicing. NR 114.152 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04. NR 114.153NR 114.153 Definitions. In this subchapter: NR 114.153(3)(3) “Certified operator” means a person who has been issued a certificate by the department to do septage servicing. NR 114.153(3e)(3e) “Certified operator continuing education” means continuing education approved by the department with a focus on code compliance with chs. NR 113, 114, and other relevant provisions in the administrative code. NR 114.153 NoteNote: Certified operator continuing education is commonly known in the industry as “compliance” training.
NR 114.153(3m)(3m) “Department” means the department of natural resources. NR 114.153(3s)(3s) “Disposal” means the controlled discharge of septage to a POTW, treatment or storage lagoon, or agricultural field for the purpose of recycling nutrients back into the environment. NR 114.153(4e)(4e) “Land application” or “landspreading” or “land applied” or “landspread” means the spreading of septage onto the land surface, the injection of septage below the land surface, or the incorporation of septage into the soil, so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil. NR 114.153(4m)(4m) “Master operator” means a certified operator who has been issued a master operator certificate by the department. NR 114.153(5)(5) “Operator–in–charge” or “OIC” means the master operator who has been designated by the owner to be directly responsible for the operation of the septage servicing business. NR 114.153(6)(6) “Operator–in–training” or “OIT” means a person who has been properly registered as an operator–in–training with the department by the operator–in–charge under s. NR 114.16 (2) (c). NR 114.153(8)(8) “Portable restroom servicing assistant” means a person who services portable restrooms under the supervision of an operator–in–charge. NR 114.153(8g)(8g) “Private onsite wastewater treatment system” or “POWTS” has the meaning given under s. 145.01 (12), Stats. NR 114.153(11)(11) “Service shop” means a shop from which work is dispatched. NR 114.153 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: cr. (4m), am. (5) Register July 2010 No. 655, eff. 8-1-10; CR 20-046: cr. (3e) to (3s), (4e), am. (5), (6), (8), cr. (8g), (8r), am. (9), (10) Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats. Register September 2021 No. 789. NR 114.16(1)(1) Only a certified operator, master operator, operator–in–training, or a portable restroom servicing assistant may engage in septage servicing. NR 114.16(2)(a)(a) An operator–in–training may engage in septage servicing for up to 12 months without being certified. After 5 years from the end of the last operator-in-training 12-month term, a person that was registered with the department as an operator-in-training may be re-registered with the department as an operator-in-training and engage in septage servicing for up to 12 months without being certified. NR 114.16(2)(b)(b) The operator–in–training shall be considered to be doing septage servicing under the certification of the designated operator–in–charge. The operator–in–charge is responsible for the actions of the operator–in–training. NR 114.16(2)(c)(c) The operator-in-charge shall register the operator-in-training by notifying the department, in writing, of the starting date, name, and address of the operator-in-training, paying the operator-in-training registration fee, and receiving written confirmation from the department that the operator-in-training meets the requirements of registration prior to the operator-in-training beginning septage servicing. NR 114.16(2)(d)(d) Upon receiving an operator-in-training registration request from the operator-in-charge of a licensed septage business, the department shall follow the procedures under s. NR 114.195 prior to registering the person as an operator-in-training. NR 114.16(3)(3) A portable restroom servicing assistant may service portable restrooms, including the maintenance of portable restrooms and the transportation of the restrooms and the septage from them without being certified. However, a portable restroom servicing assistant may not land apply any septage removed from portable restrooms. A portable restroom servicing assistant will be considered to be working under the certificate of the designated operator–in–charge and the operator–in–charge is responsible for their actions. NR 114.16(4)(4) Each owner shall have a unique business license issued under s. NR 113.05, for any service shop that is more than 25 miles from another service shop. NR 114.16(5)(5) A vehicle used by different businesses, under a single owner, or separate owners, shall be registered under each business license and each business license number shall be displayed on the vehicle. NR 114.16 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: 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 HistoryHistory: 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 114.18NR 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 HistoryHistory: 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 114.19NR 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 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.
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