Chapter NR 524

NR 524.10 NR 524.10 Interim status.

NR 524.10(1) (1) If the designated certified facility manager becomes unable to perform the duties under s. NR 524.06 (1), the facility owner or operator shall immediately notify the department and either suspend operations at the facility, or take any of the following actions:

NR 524.10(1)(a) (a) Designate another person having the required certification under this chapter as the certified facility manager as required in s. NR 524.05 (1) (a) or (2) (a).

NR 524.10(1)(b) (b) Request the approval of the department of an interim facility manager having a site operator certification under s. NR 524.08.

NR 524.10(1)(c) (c) Request the approval of the department of an interim facility manager having an operator certification from another state.

NR 524.10(1)(d) (d) Request the approval of the department of an interim facility manager who has at least 2 years of experience operating or being directly responsible for operation, design, regulation, construction or administration of a solid waste facility.

NR 524.10(2) (2) In the event that a facility owner or operator does not have a designated certified site operator who is available to perform the duties under s. NR 524.06 (2), the facility owner or operator may request the approval of the department of an interim site operator who has at least one year of experience operating, or being directly responsible for, operation of a solid waste facility or in earth work construction.

NR 524.10(3) (3) An interim facility manager or interim site operator may be used as a replacement for a person already designated as a certified facility manager or site operator under s. NR 524.05 only under the following conditions:

NR 524.10(3)(a) (a) The owner or operator shall designate a person as an interim facility manager or interim site operator only once and for a maximum term of one year.

NR 524.10(3)(b) (b) The owner or operator may not request successive approvals for interim facility managers or interim site operators for a solid waste disposal facility.

NR 524.10(3)(c) (c) Persons who have had a certification under this chapter suspended or revoked within the previous 2 years may not be an interim facility manager or interim site operator.

NR 524.10(3)(d) (d) The owner or operator may designate an interim facility manager or interim site operator only as a temporary replacement for an existing designated certified facility manager or designated certified site operator under s. NR 524.05.

NR 524.10(3)(e) (e) The owner or operator pays the proper certification fee specified in s. NR 520.04 (6) (g) or (h).

NR 524.10 History History: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06.

NR 524.11 NR 524.11 Reciprocity. There may be no reciprocity for certifications received from other states, except that the department may grant for a maximum term of one year for an interim facility manager or interim site operator certification to a person who is certified in solid waste disposal facility operations in other states. To obtain approval as an interim facility manager or interim site operator, a person shall meet the requirements of s. NR 524.10 (3) (b), (c) and (d) and submit to the department and obtain approval of the following:

NR 524.11(1) (1) Documentation of the solid waste disposal facility operator certification from another state.

NR 524.11(2) (2) A statement from the person specifying the location, type of work performed and dates of employment.

NR 524.11(3) (3) The proper certification fee under s. NR 520.04 (6) (g) or (h).

NR 524.11 History History: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: am. (intro.) Register January 2006 No. 601, eff. 2-1-06.

NR 524.12 NR 524.12 Fees.

NR 524.12(1) (1) Fees for examination, initial certification, recertification and interim status approvals shall be as specified in s. NR 520.04 (6).

NR 524.12(2) (2) The appropriate fee shall accompany the completed application.

NR 524.12(3) (3) A late processing fee specified in s. NR 520.04 (6) (i) in addition to the fee under s. NR 520.04 (6) (c) or (d) shall be paid by persons seeking recertification if their certification has expired for less than 6 months. If the certification has expired for more than 6 months, a person seeking certification shall apply for initial certification under s. NR 524.08.

NR 524.12 History History: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06.

NR 524.13 NR 524.13 Issuance of certificates. The department shall issue a certificate to each facility manager or site operator who meets the requirements for certification under this chapter.

NR 524.13 History History: Cr. Register, May, 1994, No. 461, eff. 6-1-94.

NR 524.14 NR 524.14 Suspension or revocation and refusal to renew certifications.

NR 524.14(1) (1) The department may make investigations and may, on its own motion, revoke, suspend or refuse to renew any certification under this chapter if the department finds that the holder of the certification has done any of the following:

NR 524.14(1)(a) (a) Made a material misstatement in an application for initial certification or any application for recertification.

NR 524.14(1)(b) (b) Demonstrated incompetence to operate a facility.

NR 524.14(1)(c) (c) Falsified any monitoring or operating or other records maintained at the solid waste disposal facility or submitted to the department.

NR 524.14(1)(d) (d) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 289, Stats., or any administrative rules, licenses or orders under those sections.

NR 524.14(1)(e) (e) Repeatedly failed to perform any of the duties in s. NR 524.06.

NR 524.14(2) (2) Notice of revocation, suspension or refusal to renew a certificate shall be served on the certified facility manager or certified site operator and the owner or operator of the solid waste disposal facility, and shall state the reasons for revocation, suspension or refusal to renew.

NR 524.14(3) (3) A revocation, suspension or refusal to renew a certificate shall take effect on the 30th day after the notice is received, unless the certified facility manager or site operator files a written request for a hearing under s. 227.42, Stats., with the department prior to the 30th day, and the written request is granted under s. 227.42, Stats. If the request for a contested case hearing is granted, the revocation, suspension or refusal to renew is stayed and the department shall conduct a hearing on the matter. If after the hearing the department finds that sufficient grounds exist under sub. (1) to revoke, suspend or refuse to renew the certification, it shall affirm or modify its earlier decision. The final decision of the department, including the reasons for the revocation, suspension or refusal to renew a certificate shall be provided in writing to the facility manager or site operator. The final decision is subject to judicial review under ss. 227.52 to 227.53, Stats.

NR 524.14(4) (4) In lieu of suspending, revoking or refusing to renew a certification under this chapter, the department may require the certified facility manager or certified site operator to undergo additional training specified by the department as necessary to correct any deficiency specified by the department in its notice of revocation, suspension or refusal to renew.

NR 524.14 History History: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: am. (1) (b) Register January 2006 No. 601, eff. 2-1-06; correction in (1) (a), (b), and (c) made under s. 35.17, Stats., Register July 2015 No. 715.