Chapter NR 499

NR 499.08 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; r. (2) (c), renum. (2) (d) to (f) to be (2) (c) to (d), Register, January, 1997, No. 493, eff. 2-1-97.

NR 499.09 NR 499.09 Solid waste treatment facility operator examination and certification.

NR 499.09(1) (1) Examination application.

NR 499.09(1)(a) (a) Any person who wishes to become a certified operator shall take and pass an examination administered by the department under this chapter. Any person applying to the department to take the examination for chief facility operator or shift operator in order to become a certified operator shall:

NR 499.09(1)(a)1. 1. Complete an approved training program.

NR 499.09(1)(a)2. 2. File an application with, and pay the fee in s. NR 499.11 (1) (a) to the department at least 30 days prior to the date of the written examination.

NR 499.09(1)(b) (b) The department shall notify any person applying under par. (a) of their acceptance or rejection for an examination.

NR 499.09(2) (2) Examination procedures. The department shall conduct written examinations for the purposes of certifying chief facility operators and shift operators according to the following procedures:

NR 499.09(2)(a) (a) Written examinations shall be administered at the conclusion of approved training programs or at other times set by the department.

NR 499.09(2)(b) (b) Written examinations may not be given to persons who did not apply at least 30 days prior to the examination date, who fail to identify themselves on request, who fail to pay the required fees, or who fail to complete an approved training program within one year prior to the examination date.

NR 499.09(2)(c) (c) Examination papers may not be returned to an applicant nor may an applicant review the examination results. Examination papers may be destroyed 60 days after notification of examination results.

NR 499.09(2)(d) (d) Applicants who fail to pass the written examination may apply to the department for reexamination at a subsequent scheduled examination in accordance with sub. (1).

NR 499.09(2)(e) (e) A score of 75% or higher shall be a passing score on the chief facility operator or shift operator examination.

NR 499.09(3) (3) Certification. Upon satisfactory completion of the chief facility operator or shift operator examination, the department shall issue a certificate to an applicant indicating the level of certification for which the applicant has qualified. Certification is valid for one year from the date of issuance and may be renewed according to s. NR 499.10.

NR 499.09 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (a) 1., (2) (a), (b), renum. (3) (a) to be (3), r. (3) (b), Register, January, 1997, No. 493, eff. 2-1-97.

NR 499.10 NR 499.10 Solid waste treatment facility operator refresher training, certification renewal and expiration.

NR 499.10(1) (1) Applicability. This section applies to any chief facility operator or shift operator.

NR 499.10(2) (2) Refresher training.

NR 499.10(2)(a) (a) Any chief facility operator or shift operator shall annually complete a minimum of 4 hours of refresher training in order to renew his or her certification. Refresher training may be provided by the department, facilities or independent sponsors. Refresher training, if not provided by the department, shall be submitted to the department for its approval. The department shall specify in its approval the number of hours of refresher training for which each submittal qualifies. Approval or denial of refresher training shall be based on relevance to the treatment of solid waste.

NR 499.10(2)(b) (b) Any independent sponsor or solid waste treatment facility that provides refresher training shall submit a list of persons who attended the refresher training to the department within 30 days after the refresher training.

NR 499.10(3) (3) Certification renewal. Any person seeking to renew chief facility operator or shift operator certification shall complete the requirement in sub. (2) before the certification expires. A certified operator shall submit an application for certification renewal to the department at least 30 days prior to expiration of certification. The department shall renew the certification if sufficient documentation is provided that the refresher training requirement has been completed.

NR 499.10(4) (4) Expiration. Certifications shall expire one year following issuance unless renewed according to sub. (3). Any chief facility operator or shift operator whose certification has expired may become certified by meeting the requirements of s. NR 499.09.

NR 499.10 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93.

NR 499.11 NR 499.11 Fees.

NR 499.11(1) (1) Fees for examination and training program approval shall be as follows:

NR 499.11(1)(a) (a) Written examination and application fee. . . . . . . . . $50.00

NR 499.11(1)(b) (b) Approval of training program. . . . . . . . . . . . . . . . . $500.00

NR 499.11(2) (2) No fees may be refunded.

NR 499.11 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93.

NR 499.12 NR 499.12 Suspension and revocation of certifications.

NR 499.12(1) (1) The department may suspend or revoke any operator’s certificate if the department finds that the operator failed to comply with any of the following:

NR 499.12(1)(a) (a) With ch. 285, Stats., or rules promulgated under that chapter.

NR 499.12(1)(b) (b) With conditions of operation made applicable to a facility by the department.

NR 499.12(2) (2) The department shall suspend or revoke a certification by issuing an order to the certified operator. The order shall state the reasons for suspension or revocation.

NR 499.12(3) (3) Any decision of the department suspending or revoking a certificate may be reviewed in a contested case hearing if the requirements of s. 227.42, Stats., and ch. NR 2 are met. If a request for a contested case hearing is filed, the suspension or revocation shall be stayed until the department denies the request for hearing or until a final decision is issued following the hearing.

NR 499.12(4) (4) A person whose certification has been revoked may be certified provided the person meets the requirements specified in s. NR 499.09.

NR 499.12 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (1), Register, January, 1997, No. 493, eff. 2-1-97.