Chapter NR 114

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.