NR 114.12(2)(a) (a) The operator-in-charge of the operation of a subclass of waterworks listed in s. NR 114.10 shall hold a valid certification for the corresponding subclass at the grade 1 level, except as provided in pars. (b) and (c).

NR 114.12(2)(b) (b) A person certified as a waterworks operator-in-training may be designated the operator-in-charge of that subclass of waterworks for a period not to exceed one year.

NR 114.12(2)(c) (c) Upon a change in a waterworks’ classification, the operator-in-charge shall have 12 months to pass the necessary examinations and will be allowed time to obtain the required experience.

NR 114.12(2)(d) (d) At subclass S waterworks, the system shall have a person certified at Grade T or 1 in Subclass S on duty at all times of operation. If the designated operator–in–charge of a subclass S waterworks is not on duty during the operation of the system, the waterworks shall have another operator certified at Grade T or 1 in subclass S on duty during the operation of the system. If an operator position becomes vacant at a subclass S waterworks, the department may allow a system to operate a shift without a certified operator on duty as long as the non–certified operator on duty is working under the general supervision of a certified operator and the waterworks is making a good faith effort to fill the vacant position. On duty for subclass S waterworks means having a certified operator onsite except where the department has approved an automated treatment plant surveillance system and an operation plan for offsite control as a reliable substitute for having a certified operator on–site. In the review of automated systems, the department shall consider applicable factors, such as history of plant operations, response time to alarms, offsite treatment adjustment capability, plant shutdown ability and demonstration of satisfactory operation and reliability of the automation system.

NR 114.12 Note Note: For all facilities it is recommended that a second person hold a valid certificate at the grade level required by the plant classification.

NR 114.12(2)(e) (e) The operator–in–charge of the operation of a subclass of waterworks shall be available during each operating shift. The operator-in-charge may designate, on a temporary basis, such as vacation or short term illness, an operator of appropriate subclass, to be available during each operating shift.

NR 114.12 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95; am. (2) (d) and cr. (2) (e), Register, December, 2000, No. 540, eff. 1-1-01; CR 13-054: am. (title), r. (1) Register June 2014 No. 702, eff. 7-1-15.

NR 114.13 NR 114.13 Operator-in-charge designation. The owner shall designate to the department the operator-in-charge of each subclass as required in s. NR 114.12 (2). 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 114.13 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95; correction under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.

NR 114.14 NR 114.14 Sanctions.

NR 114.14(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 as provided in this section 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 114.14(1)(a) (a) Made a material misstatement in the application for certification or any application for a renewal of certification.

NR 114.14(1)(b) (b) Demonstrated incompetence to operate the type of facility or subclass for which the certificate was issued.

NR 114.14(1)(e) (e) Failed to notify the department of a violation of a maximum contaminant level as required in ch. NR 809 and the construction requirements of ch. NR 811 by the operator-in-charge of a waterworks operation.

NR 114.14(1)(f) (f) Failed to provide public notification of a violation of ch. NR 809.

NR 114.14(1)(g) (g) Falsified any monitoring, operating or other records submitted to the department, or provided by the department.

NR 114.14(1)(h) (h) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 281, Stats., or any administrative codes, permits or orders adopted or issued under those chapters.

NR 114.14(1)(i) (i) Used deception or any form of dishonesty when taking an examination, or removed examination materials from the examination site.

NR 114.14(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 114.14(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 114.14(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 114.14(5) (5) Any order revoking or suspending a certificate is subject to judicial review as provided in ch. 227, Stats.

NR 114.14 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95; corrections in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540; am. (1) (h), Register, December, 2000, No. 540, eff. 1-1-01; CR 13-054: r. (1) (c), (d), am. (1) (h) Register June 2014 No. 702, eff. 7-1-15; EmR2123: emerg. am. (1) (i), eff. 8-21-21; CR 21-068: am. (1) (i) Register April 2022 No. 796, eff. 5-1-22.

subch. II of ch. NR 114 Subchapter II — Certification of Septage Servicing Operators

NR 114.151 NR 114.151 Purpose. The purpose of this subchapter is to establish rules for the certification of septage servicing operators pursuant to s. 281.17 (3), Stats.

NR 114.151 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04.

NR 114.152 NR 114.152 Applicability. The provisions of this subchapter are applicable to all owners of septage servicing businesses and all operators performing septage servicing.

NR 114.152 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04.

NR 114.153 NR 114.153 Definitions. In this subchapter: