NR 114.21 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: am. Register September 2021 No. 789, eff. 10-1-21.
NR 114.22NR 114.22Certificate renewals.
NR 114.22(1)(1)All certificates shall expire 3 years from the date of issuance. The renewal fee is due on the expiration date of the certificate. Any renewal application postmarked after the expiration date shall also include the late renewal penalty fee.
NR 114.22(2)(2)A person who desires to renew a certificate shall submit evidence of having met the continuing education requirements in s. NR 114.23 for approved training courses or other credit which they have successfully completed during the 3 year period. Failure to successfully complete and document the appropriate number of hours of approved training within the 3 year period shall result in rejection of a certificate renewal application.
NR 114.22(3)(3)
NR 114.22(3)(a)(a) A person whose certification has expired may within one year of the expiration date be reinstated by paying the renewal fee, the late penalty fee, and fulfilling the continuing education requirements.
NR 114.22(3)(b)(b) If a person’s master operator certification is expired less than 5 years but more than 1 year, the person may use previous septage operator work experience from the 2 years prior to the expiration date to fulfill the 1600-hour master operator experience requirement. The department may require the person to participate in the required master operator training class and pass the appropriate the master operator examinations to fulfill the master operator requirements.
NR 114.22(3)(c)(c) An operator, including a master operator, may not renew a certification by taking certification examinations in lieu of obtaining continuing education credits unless the certification has been expired for at least one year.
NR 114.22(3)(d)(d) An operator, including a master operator, may not continue to service with an expired certification.
NR 114.22 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: renum. (3) to (3) (a), (c), (d) and am., cr. (3) (b) Register September 2021 No. 789, eff. 10-1-21.
NR 114.23NR 114.23Continuing education and training requirements.
NR 114.23(1)(1)All grade T and grade L septage operators shall obtain 3 hours of certified operator continuing education within the 3-year term of the certification.
NR 114.23(2)(2)All grade T and grade L master operators shall obtain 18 hours of department approved continuing education, including not less than 3 hours of certified operator continuing education, within the 3-year term of the certification.
NR 114.23(3)(3)The department shall develop or approve training relevant to the septage servicing profession sufficient to fulfill the continuing education requirements of this subchapter. The training shall be offered at frequencies and at diverse enough locations around the state so as to facilitate fulfillment of these requirements. Master operators may use attendance at industry trade shows to satisfy three department approved continuing education hours. The sponsor of the trade show or the person attending the trade show shall submit relevant documentation to obtain department approval for attendance at the show.
NR 114.23(4)(4)Any septage operator may voluntarily participate in the mandatory training class required under s. NR 114.18 (2) and (3), even if not required to, and may receive the associated hours of continuing education.
NR 114.23 NoteNote: Certified operator continuing education is commonly known in the industry as compliance continuing education. All other hours approved by the department to meet the remaining continuing education are commonly known as general septage education.
NR 114.23 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: am. (1) and (2), r. (4), renum. (5) to be (4) and am. Register July 2010 No. 655, eff. 8-1-10; CR 20-046: am. Register September 2021 No. 789, eff. 10-1-21.
NR 114.24NR 114.24Sanctions.
NR 114.24(1)(1)The department shall revoke an operator’s certification and may not issue or renew a certificate for septage servicing for a period of 2 years if an operator has accumulated 6 or more violations of chs. NR 113, 114 or s. 29.601, Stats., in any 3 year certification period. Enforcement may be taken against the operator, the operator-in-charge responsible for the operator, or both. Each violation shall count against the business for purposes of license renewal as specified in s. NR 113.05 (3).
NR 114.24(2)(2)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, refuse to issue, convert certification grade, or refuse to renew any operator’s certification if the department finds that the holder of or applicant for a certification does any of the following:
NR 114.24(2)(a)(a) Uses deception or any form of dishonesty when taking an examination, or removes examination material from an examination site.
NR 114.24(2)(b)(b) Demonstrates incompetence to perform septage servicing as required by this chapter.
NR 114.24(2)(c)(c) Falsifies any required applications, operating records, or any other records submitted to the department.
NR 114.24 HistoryHistory: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 09-123: am. (1) Register July 2010 No. 655, eff. 8-1-10; CR 20-046: am. (2) (intro.), (c) Register September 2021 No. 789, eff. 10-1-21; EmR2123: emerg. am. (2) (a), eff. 8-21-21; CR 21-068: am. (2) (a) Register April 2022 No. 796, eff. 5-1-22.
NR 114.245NR 114.245Enforcement.
NR 114.245(1)(1)Citations. Under s. 281.48 (3) (e), and (5s), Stats., the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99, Stats., to collect a forfeiture for a violation of ss. NR 114.16 to 114.23. Deposit amounts are listed under sub. (2).
NR 114.245(2)(2)Deposit schedule. Deposit amounts, not including applicable court costs, surcharges, and assessments, for violations of ss. NR 114.16 to 114.23 are $500.00 for each violation.
NR 114.245(3)(3)Penalties. Any person who violates ss. NR 114.16 to 114.23 shall be subject to penalties as provided under s. 281.98, Stats.
NR 114.245 HistoryHistory: CR 20-046: cr. Register September 2021 No. 789, eff. 10-1-21.