Chapter NR 114

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 114.23 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 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 114.24 Sanctions.

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 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; 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 NR 114.245 Enforcement.

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 114.25 Variances.

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 114.26 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 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.27 NR 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 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.28 NR 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(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.

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 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.29 NR 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:

NR 114.29(3)(a) (a) Subclass O — General water system operation. All water systems utilizing a groundwater source, surface water source, or purchased water from a waterworks. Any operator who holds a valid waterworks certification under subch. I in subclasses G, D or S may also operate this water system subclass.

NR 114.29(3)(b) (b) Subclass Z — Zeolite and resin treatment. All water systems providing zeolite softening or specific contaminant removal by resins. Any operator who holds a valid waterworks certification under subch. I in subclass Z may operate this water system subclass.

NR 114.29(3)(c) (c) Subclass I — Oxidation and filtration treatment. All water systems providing iron removal by oxidation and filtration. Any operator who holds a valid waterworks certification under subch. I in subclass I may also operate this water system subclass.

NR 114.29(3)(d) (d) Subclass L — Lime-soda ash treatment. All water systems providing treatment by the lime-soda ash process for iron removal or softening, or both. Any operator who holds a valid waterworks certification under subch. I in subclass L may operate this water system subclass.

NR 114.29(3)(e) (e) Subclass V — Specialized treatment. All water systems providing special treatment such as, but not limited to, air stripping, granular activated carbon or others. Any operator who holds a valid waterworks certification under subch. I in subclass V may also operate this water system subclass.

NR 114.29 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.30 NR 114.30 General requirements. Every water system shall have a designated operator-in-charge. No person may be an operator-in-charge of a water system subclass unless that person holds a valid certificate for that subclass issued pursuant to this chapter.

NR 114.30 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.31 NR 114.31 Requirements for water system owners. The owner of a water system shall designate to the department the operator-in-charge of the water system. The designated operator-in-charge shall meet the requirements stated in s. NR 114.32. A person may be designated as the operator–in–charge for more than one subclass. Owners shall notify the department of changes within 30 days.

NR 114.31 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.32 NR 114.32 Requirements for water system operators.

NR 114.32(1) (1) To qualify for certification in any of the subclasses established in s. NR 114.29, the person shall meet the requirements of either par. (a) or (b).

NR 114.32(1)(a) (a) The person shall possess a high school diploma or a general equivalency diploma.

NR 114.32(1)(b) (b) The person shall have a minimum of 2 years experience operating a water system prior to December 1, 2000.

NR 114.32(2) (2) To qualify for certification in any of the subclasses established in s. NR 114.29, a person shall submit a completed application and successfully pass the examination for that subclass as stated in s. NR 114.33.

NR 114.32(3) (3) The operator-in-charge of the operation of a water system subclass listed in s. NR 114.29 shall hold a valid certification for that subclass, except as noted in sub. (4).

NR 114.32(4) (4) Upon the addition of a subclass treatment process to a water system, the operator-in-charge of the system shall have 12 months to pass the necessary examinations and meet the requirements specified under this section.

NR 114.32(5) (5) The operator-in-charge of a water system shall be available during each operating shift.

NR 114.32(6) (6) To continue certification under this subchapter, each certified water system operator shall renew his or her certificate every 3 years as specified in s. NR 114.36.

NR 114.32 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.33 NR 114.33 Examinations and applications.

NR 114.33(1) (1) A person desiring to be certified to perform duties at a water system shall submit a completed examination application to 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 114.34 shall accompany the application. Applicants shall be notified of their eligibility for examination.

NR 114.33 Note 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.

NR 114.33(2) (2) Examinations shall be used to determine knowledge, skill, and ability of the applicant to perform duties at a water system. A score of 75 percent or higher shall be a passing score on each examination.

NR 114.33(3) (3) 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 114.33(4) (4) Examinations for water system operations may not be issued to applicants who have not properly registered or who fail to identify themselves on request.

NR 114.33(5) (5) Examination results shall be made available to an applicant within 30 days of the examination date.

NR 114.33(6) (6) An applicant who fails to pass an examination may apply to the department for reexamination.

NR 114.33(7) (7) The department shall provide a list of reference materials and study guides pertaining to each water system subclass.

NR 114.33(8) (8) An applicant who holds a valid waterworks certification under subch. I in subclasses Z, I, L or V may apply for and be granted certification in the same water system subclasses as listed in s. NR 114.29 without repeating the subclass examination.

NR 114.33 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01; EmR2123: emerg. am. (title), (1), (2), r. and recr. (3), am. (5), (6), eff. 8-21-21; CR 21-068: am. (title), (1), (2), r. and recr. (3), am. (5), (6) Register April 2022 No. 796, eff. 5-1-22.