Chapter NR 114

NR 114.55(1)(e) (e) Late renewal penalty     $ 25.00

NR 114.55(1)(f) (f) Reciprocity application     $100.00

NR 114.55(1)(g) (g) A 3rd-party organization may charge additional fees to administer an online exam.

NR 114.55(2) (2) Fees shall accompany completed application forms. Fees are non-refundable.

NR 114.55(3) (3) Certifications shall be renewed every 3 years. The renewal fee is due no later than the expiration date of the certificate. A late renewal penalty fee shall be assessed for any renewal application postmarked after the expiration date.

NR 114.55(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 114.55 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15. EmR2123: emerg. cr. (1) (g), (4), eff. 8-21-21; CR 21-068: cr. (1) (g), (4) Register April 2022 No. 796, eff. 5-1-22; correction in (1) (g) made under s. 35.17, Stats., Register April 2022 No. 796.

NR 114.56 NR 114.56 Classification of wastewater treatment plants.

NR 114.56(1) (1) Each wastewater treatment plant shall be assigned a basic or advanced rating. An advanced wastewater treatment plant is one that meets any one of the following criteria:

NR 114.56(1)(a) (a) Is a mechanical plant with an annual average design flow greater than 1.0 MGD.

NR 114.56(1)(b) (b) Has a biochemical oxygen demand (BOD) limit of 10 mg/L or less.

NR 114.56(1)(c) (c) Has surface water limits for total phosphorus or total nitrogen and utilizes a biological nutrient removal process.

NR 114.56(1)(d) (d) Uses a tertiary phosphorus removal process to achieve ultralow phosphorus limits.

NR 114.56(1)(e) (e) Is a municipal treatment plant that receives wastewater from a major contributing industry.

NR 114.56(1)(f) (f) Is a municipal treatment plant that produces Class A biosolids.

NR 114.56(2) (2) Wastewater treatment plants that do not meet any of the criteria in s. NR 114.56 (1) shall be classified as a basic facility.

NR 114.56(3) (3) Wastewater treatment plants that utilize special or unique biological, physical, chemical, or other unique treatment methods shall have an operator certified in subclass U.

NR 114.56(4) (4) Thirteen wastewater treatment plant subclasses are established in Table 1.

Table 1

Wastewater Treatment Plant Categories and Subclasses

NR 114.56 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15.

NR 114.57 NR 114.57 Qualifications and level of wastewater treatment plant operators.

NR 114.57(1) (1) Two levels and 13 subclasses of wastewater treatment plant operators are established. Operator subclasses are the same as plant subclasses listed in Table 1. To qualify for certification at a given level and subclass, a person shall meet the appropriate examination, education and experience requirements.

NR 114.57(1)(a) (a) Operator-in-training. To qualify for operator-in-training in a specific subclass, a person shall pass the basic general wastewater examination and a basic subclass examination.

NR 114.57(1)(b) (b) Basic level. To qualify for basic certification in a specific subclass, a person shall pass the basic general wastewater examination, the specific subclass exam and have one year of satisfactory experience in that subclass.

NR 114.57(1)(c) (c) Advanced Level. An advanced certification point system is established in Table 2. To qualify for advanced certification in a given subclass, a person shall have earned a total of 10 points and met the requirements of s. NR 114.57 (1) (b). Of the 10 points, 4 to 6 years of experience accounts for 4 to 6 points. A minimum of 4 points of experience is required. Six points is the maximum number of points that may be given for experience.

Table 2

Advanced Certification Point System

NR 114.57(2) (2) A person shall submit an advanced certification application provided by the department documenting education, experience and the advanced certification points earned. Diplomas or certificates showing successful education completion shall be attached to the application. Transcripts highlighting wastewater related classwork shall also be attached. Applicants shall be notified of the status of their advanced certification with 90 days of receipt of a complete application.

NR 114.57(3) (3) The department shall establish and update a list of eligible advanced course offerings by September 1 of each year. Trainers shall submit an application provided by the department for approval of advanced courses by no later than June 1 of each year. Trainers of listed courses shall annually renew their course application by June 1 each year and notify the department of any changes in course content. An advanced course of 18 to 19 hours may be eligible for .5 points if listed by the department.

NR 114.57(4) (4) A general wastewater examination is not required for unique treatment systems (subclass U) or sanitary sewage collection systems (subclass SS) basic certifications.

NR 114.57(5) (5) Upon development and availability of the sanitary sewage collection system subclass SS study guide and examination, and at the time of permit reissuance, collection system operators shall have a permit term of 5 years to obtain collection system certification.

NR 114.57 History History: CR 13-054: cr., except (3), Register June 2014 No. 702, eff. 7-1-15, cr. (3) eff. 7-1-14.

NR 114.58 NR 114.58 Certificate issuance, renewal and continuing education.

NR 114.58(1) (1) Upon satisfactory fulfillment of the qualifications required by this subchapter, the department shall issue a certificate to a person indicating the certification level and subclasses for which the person has qualified.

NR 114.58(2) (2) All certificates shall expire 3 years from the date of issuance. Certificates may be updated to show additional examinations passed, additional experience gained and changes in certification level and classifications, but the expiration date shall not change. Updating a certificate shall not extend nor change the expiration date. Certificates shall only be renewed subject to the requirements of sub. (3).

NR 114.58(3) (3) A person who desires to renew a certificate shall submit evidence of having met the continuing education requirements under sub. (4) on forms provided by the department. Training or courses must be approved by the department. These may include, but are not limited to courses sponsored by the department, university, technical college, technical sessions at meetings of professional organizations, in-house training, and on-line training classes that are wastewater related. Failure to successfully complete and document the required number of hours of continuing education training within the 3-year period shall result in rejection of a certificate renewal application.

NR 114.58(4) (4) Renewal applications shall meet the following continuing education requirements:

NR 114.58(4)(a) (a) Operators-in-training and basic wastewater treatment plant certified operators require 18 hours per 3-year renewal period.

NR 114.58(4)(b) (b) Advanced wastewater treatment plant operators require 24 hours per 3-year renewal period.

NR 114.58(4)(c) (c) Wastewater treatment plant operators may use up to 6 hours of health and safety training per 3-year renewal period.

NR 114.58(4)(d) (d) Operators-in-training and basic wastewater treatment plant operators may use up to 3 hours of supervisor or management training per 3-year renewal period. Advanced wastewater treatment plant operators may use up to 6 hours of supervisor or management training per 3-year renewal period.

NR 114.58(5) (5) A person whose certificate has expired may within one year of expiration, be reinstated by paying the renewal fee, the late penalty fee and fulfilling the continuing education requirements. A person not renewing within the one year period shall have to re-take the basic subclass examinations. To regain advanced certification, the basic examinations must be passed and the person shall have to reapply for advanced level certification.

NR 114.58(6) (6) Certificates may be issued through reciprocity, without examination, to a comparable level and subclass to any person who holds a current wastewater treatment plant operator certificate in any state, territory or possession of the United States, or any country, if in the judgment of the department, the person requesting comparable certification meets the equivalent requirements of this subchapter in examinations, education, and experience.

NR 114.58 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15.

NR 114.59 NR 114.59 Sanctions.

NR 114.59(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 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 114.59(1)(a) (a) Made a material misstatement in the application for certification or any application for a renewal of certification.

NR 114.59(1)(b) (b) Demonstrated incompetence to operate the type of facility or subclass for which the certificate was issued.

NR 114.59(1)(c) (c) Bypassed sewage from a treatment plant without notifying the department as required by the WPDES permit.

NR 114.59(1)(d) (d) Failed to comply with any other provision requiring department notification in the facility’s WPDES permit.

NR 114.59(1)(e) (e) Tampered with or manipulated any samples to misrepresent the actual sample results.

NR 114.59(1)(f) (f) Falsified any monitoring, operating or other records submitted to the department.

NR 114.59(1)(g) (g) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 281 or 283, Stats. or any administrative codes, permits, or orders adopted or issued under those chapters.

NR 114.59(1)(h) (h) Used deception or any form of dishonesty when taking an examination, or removed examination materials from the examination site.

NR 114.59(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 114.59(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 114.59(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 114.59(5) (5) Any order revoking or suspending a certificate is subject to judicial review as provided in ch. 227, Stats.

NR 114.59 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15; EmR2123: am. (1) (h), eff. 8-21-21; CR 21-068: am. (1) (h) Register April 2022 No. 796, eff. 5-1-22.

NR 114.60 NR 114.60 Subclass Conversions.

NR 114.60(1) (1) Operator wastewater certifications in the subclasses on July 1, 2015, shall be converted as outlined in Table 3. An operator at Grade 3 or Grade 4 certification in a subclass, except subclasses K or L, on July 1, 2015, shall have earned 10 points towards advanced certification. Having 10 points, operators shall become advanced in any subclasses that they are Grade 1 or higher. Operators not granted 10 points, shall have all subclasses, except those at Grade T, converted over to basic certification. All subclasses at Grade T shall be converted to operator-in-training, regardless of grade levels held in other subclasses.

NR 114.60(2) (2) Operators that have passed the former advanced general wastewater examination and at least 4 advanced subclass examinations shall be granted 4 points towards advanced certification, equivalent to the 4 points for passing the new advanced examination.

Table 3

Certification Subclass Conversion Table

NR 114.60 Note Note: The department shall use its discretion converting Special K subclasses that are specific to the newly created subclasses.

NR 114.60 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15.