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 Note Note: 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 History History: 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 114.24 NR 114.24 Sanctions.

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 History History: 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 114.245 NR 114.245 Enforcement.

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 History History: CR 20-046: cr. Register September 2021 No. 789, eff. 10-1-21.

NR 114.25 NR 114.25 Variances.

NR 114.25(1) (1) General. A certified septage operator may request a variance from any non-statutory requirement of this chapter. The department may approve a variance from requirements of this chapter when special circumstances show that a variance will not negatively impact the environment or pose a threat to public health.

NR 114.25(2) (2) Request for variance. An applicant for a variance shall submit a written request for a variance to the department, as far in advance as possible. Each request for a variance shall contain all of the following:

NR 114.25(2)(a) (a) The name, address, phone number, and operator certification number of the applicant.

NR 114.25(2)(b) (b) The section or sections of this chapter from which a variance is sought and a statement explaining why it is requested.

NR 114.25(2)(c) (c) A full description of the variance and the circumstances in which it will be used, including any pertinent background information which is relevant to making a determination on the justification for granting the variance.

NR 114.25(2)(d) (d) A statement as to whether the same or similar variance has been requested previously, and if so, outcome of the previous request.

NR 114.25(3) (3) Written determination. The department shall approve or deny the variance in writing. A copy of each variance request and the department’s decision shall be retained by the operator.

NR 114.25(4) (4) Variance cancellation. Violations of chs. NR 113 and 114 may result in the cancellation of a previously approved variance.

NR 114.25 History History: CR 04-047: cr. Register November 2004 No. 587, eff. 12-1-04; CR 20-046: am. (3) (title), cr. (4) Register September 2021 No. 789, eff. 10-1-21; correction in (2) (a) made under s. 35.17, Stats., Register September 2021 No. 789.

subch. III of ch. NR 114 Subchapter III — Certification of Water System Operators

NR 114.26 NR 114.26 Purpose. The purpose of this subchapter is to establish rules for the certification of water system operators pursuant to s. 281.17 (3), Stats.

NR 114.26 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.