NR 113.04(1)(1) License requirements. No business, unless exempted by statute, may engage in servicing unless the vehicle and equipment used have been initially inspected by the department and issued a license indicating conformity with all requirements of this chapter. A business license fee is based on the number of vehicles used by the business. A business shall adhere to all of the following:

NR 113.04(1)(a)(a) A valid business license is required for a business to continue septage servicing operations.

NR 113.04(1)(b)(b) For a business to continue servicing, the designated operator-in-charge shall possess a valid master operator certification otherwise the business shall designate a replacement operator-in-charge with a valid master operator certification.

NR 113.04(1)(c)(c) A vehicle used by different businesses, under a single owner or separate owners, shall be registered under each business license and each business license number shall be displayed on the vehicle.

NR 113.04(1)(d)(d) A business license is not transferable between businesses. A business license may remain with a business or business entity when the business or business entity transfers ownership. If only assets of the business entity are transferred, a new business license is required.

NR 113.04(1)(e)(e) Each business shall have a unique business license issued under s. NR 113.05 for any service shop that is more than 25 miles from another service shop owned by that business.

NR 113.04(2)(2) Changes. Every business required to be licensed by this chapter shall notify the department in writing within 15 days of any change in address, change of servicing vehicle, change of owner, or change of operator-in-charge.

NR 113.04(3)(3) Disposal. No vehicle operator or person may dispose of or recycle septage unless done in accordance with this chapter or under county authority approved by the department under s. 281.48 (5m), Stats.

NR 113.04 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 1-1-97; CR 20-046: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (e), am. (2) Register September 2021 No. 789, eff. 10-1-21.

NR 113.05(1)(a)(a) Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall clearly denote the owner and legal entity applying for the business license. The application shall designate an operator-in-charge for the business in accordance with ch. NR 114 and that operator-in-charge shall possess a valid master operator certification for the duration of the business license period. License fees under par. (b) shall accompany each application.

NR 113.05(1)(b)(b) All licenses issued under this section for a period beginning before July 1, 1997, are issued on an annual basis and shall expire June 30 each year. All licenses issued under this section for a period beginning after June 30, 1997, are issued on a biennial basis and shall expire June 30 in every odd-numbered year. For a license to a state resident, for each vehicle used for servicing, the fee is $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997. For a license to a nonresident, for each vehicle used for servicing, the fee is $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. In addition to the initial license fee, a groundwater fee of $50 for each business for a period beginning before July 1, 1997, or $100 for a period beginning after June 30, 1997, shall be submitted for credit to the groundwater fund. The fee schedule is as follows:

NR 113.05(1)(c)1.1. The department shall request a non-delinquency certificate from the departments of children and families, revenue, and workforce development under ss. 49.857, 73.0301, and 108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.

NR 113.05(1)(c)2.2. If the department receives notice that a non-delinquency certificate cannot be issued from the department of children and families, the department of revenue, or the department of workforce development, the application shall be denied.

NR 113.05(2)(a)(a) The department shall inspect the servicing equipment and operating procedures. The vehicle business license sticker may not be issued if the equipment is not in compliance with this chapter.

NR 113.05(2)(b)(b) Each designated operator-in-charge shall obtain a master operator certification as required under ch. NR 114.

NR 113.05(2)(c)(c) Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.

NR 113.05(2)(d)(d) Within 30 working days of receipt of a complete business license application, the department shall take action by either approving or denying the license application.

NR 113.05(3)(a)(a) Application for renewal shall be filed with the department on or before June 1, at least one month prior to expiration, and if filed after that date, a late fee of $25 shall be charged in addition to the renewal fee. Anyone servicing systems without a current business license under this section, unless exempt by statute, is subject to the penalties in s. NR 113.14 and s. 281.48, Stats. Payment of a late fee does not relieve a violator from being subject to penalties. The renewal application shall designate an operator-in-charge for the business who is properly certified under ch. NR 114.

NR 113.05(3)(b)(b) The renewal fee and the groundwater fee shall accompany the renewal application. The renewal fee and groundwater fee are the same as for initial licensure in accordance with sub. (1) (b).

NR 113.05(3)(c)(c) Prior to renewal, servicing equipment shall be made available at least once every 2 years for an inspection by the department or by a department approved inspector. A vehicle sticker may not be issued if the equipment is found to be unsatisfactory or is not in compliance with this chapter. The department may not renew a business license for a business that does not have at least one vehicle meeting these requirements.

NR 113.05(3)(d)(d) The department may not issue or renew a license for a business that has accumulated violations, as summarized in the following table, for the following: ss. NR 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, and 113.12, and s. 29.601, Stats., during the last license period. The department may not reissue a license for a period of at least one year after revocation under s. NR 113.13.