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.
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 (1) and
(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.
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)(c)
(c) Bypassed a discharge at a wastewater treatment plant in violation of the plant's WPDES permit without notifying the department.
NR 114.14(1)(d)
(d) Failed to comply with any other provision requiring department notification in the facility's WPDES permit.
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)(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 or
283, 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 writing examinations, or removing 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.
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 the subchapter:
NR 114.153(3)
(3) "Certified operator" means a person who has been issued a certificate by the department to do septage servicing.
NR 114.153(4m)
(4m) "Master operator" means a certified operator who has been issued a master operator certificate by the department.
NR 114.153(5)
(5) "Operator–in–charge" means the master operator who has been designated by the owner to be in direct responsible charge of the septage servicing business.
NR 114.153(6)
(6) "Operator–in–training" means a person who has been properly registered as an operator–in–training with the department by the operator–in–charge.
NR 114.153(8)
(8) "Portable restroom servicing assistant" means a person who maintains, services or transports portable restrooms under the supervision of an operator–in–charge.
NR 114.153(9)
(9) "Septage" means the wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms.
NR 114.153(10)
(10) "Septage servicing" means removing septage from a system and disposing of or recycling the septage.
NR 114.153(11)
(11) "Service shop" means a shop from which work is dispatched.
NR 114.153 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 09-123: cr. (4m), am. (5)
Register July 2010 No. 655, eff. 8-1-10.
NR 114.16(1)
(1) Only a certified operator, master operator, operator–in–training or a portable restroom servicing assistant, may engage in septage servicing.
NR 114.16(2)
(2) An operator–in–training may engage in septage servicing for up to 12 months without being certified. The operator–in–training shall be considered to be doing septage servicing under the certificate of the designated operator–in–charge. The operator–in–charge shall notify the department, in writing, of the starting date, name and address of the operator–in–training and pay the operator–in–training fee before the person begins septage servicing. The operator–in–charge is responsible for the actions of the operator–in–training.
NR 114.16(3)
(3) A portable restroom servicing assistant may service portable restrooms, including the maintenance of portable restrooms and the transportation of the restrooms and the septage from them without being certified. However, a portable restroom servicing assistant may not land apply any septage removed from portable restrooms. Portable restroom servicing assistants will be considered to be working under the certificate of the designated operator–in–charge and the operator–in–charge is responsible for their actions.
NR 114.16(4)
(4) Each owner 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.
NR 114.16(5)
(5) 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 114.17(1)
(1) Two general certification grades of septage servicing operators are established.
NR 114.17(1)(a)
(a) A grade T operator is certified to conduct all aspects of septage servicing except the land application of septage. To qualify for certification as a grade T operator, a person shall pass the grade T examination.
NR 114.17(1)(b)
(b) A grade L operator is certified to conduct all aspects of septage servicing including the land application of septage. To qualify for certification as a grade L operator, a person shall pass the grade L examination.
NR 114.17(2)
(2) Any operator certified as a grade 1R on December 1, 2004, will automatically become certified as a grade T operator on that date.
NR 114.17(3)
(3) Any operator certified as either a grade 1 or a grade 2 operator on December 1, 2004, will automatically become certified as a grade L operator on that date.
NR 114.17 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04.
NR 114.18
NR 114.18
Operator-in-charge or master operator. NR 114.18(1)(1) The owner of a licensed business shall designate to the department the operator-in-charge of the business based upon their type of business and method of septage disposal as follows:
NR 114.18(1)(a)
(a) If a septage servicing business does not conduct any land application of septage, the operator-in-charge shall be a grade T or a grade L master operator.
NR 114.18(1)(b)
(b) If a septage servicing business does conduct any land application, the operator-in-charge shall be a grade L master operator.
NR 114.18(2)
(2) Persons shall accrue at least 1600 hours of experience working in their designated grade certification over at least one calendar year, participate in a mandatory training class sponsored by the department and pass an examination associated with that class in order to become certified as a master operator. The class and examination may be taken prior to obtaining the required experience. The time and experience requirements shall be documented by the applicant through submittal of a notarized certification statement. The department may verify information submitted on a case-by-case basis. Master operator grade certification shall be consistent with their operator certification grade.
NR 114.18(3)
(3) The mandatory training class for designation as a master operator shall be offered at least twice a year and will cover topics relevant to the septage servicing business and will cover both land application and disposition of septage at wastewater treatment facilities.
NR 114.18(4)
(4) Owners shall notify the department of any change of the designated operator-in-charge within 15 days of the change.
NR 114.18 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 09-123: am. (title) and (1), r. (2), (4) and (5), renum. (3) and (6) to be (2) and (4) and am. (2), cr. (3)
Register July 2010 No. 655, eff. 8-1-10.
NR 114.19
NR 114.19
Examinations and applications. NR 114.19(1)
(1) The department shall use examinations to determine the knowledge and ability of an applicant to do septage servicing. A score of 75% or higher shall be a passing score on each written examination. The department may give oral examinations in lieu of the written examination upon a showing that the applicant has difficulty reading the written examination and if the applicant can demonstrate the ability to properly perform septage servicing without a better reading ability. A score of 75% or higher shall be a passing score on each oral examination. Electronic examinations will be acceptable as administered by the department should that technology become available at a future date.
NR 114.19(2)
(2) The department shall conduct written examinations on weekdays at least 2 times annually in all 5 department regions.
NR 114.19(3)
(3) A person desiring to be certified shall file an application with the department at least 28 days prior to the established date of a written examination on an application form provided by the department. Fees shall accompany the completed application.
NR 114.19(4)
(4) Written examinations may not be issued to applicants who have not properly registered 28 days prior to the examination date, or who fail to identify themselves on request.
NR 114.19(5)
(5) Examination papers may not be returned to an applicant. Examination results shall be mailed to the applicant within 30 days of the examination date.
NR 114.19(6)
(6) Applicants who fail to pass a written examination may apply to the department for reexamination at a subsequent scheduled examination.
NR 114.19(7)
(7) Notwithstanding
subs. (2) to
(4), the department may allow for the examinations to be given at more frequent intervals and at locations to be determined, in addition to the twice annual examinations specified in
sub. (2), and may waive the 28 day application requirement specified in
sub. (3). Fees shall be submitted no later than the date of the examination in those cases.
NR 114.19(8)
(8) The requirements of
sub. (6) notwithstanding, applicants who fail the examination associated with the mandatory class required in
s. NR 114.18 (2) may retake the examination at a regional office whenever a mutually agreed time can be scheduled.
NR 114.20(2)
(2) The department may not refund fees to an applicant who fails to pass an examination, who fails to appear to take an examination, or who fails to identify themselves on request.
NR 114.20(3)
(3) All fees collected under this section shall be used by the department for the purposes of implementing this subchapter and
ch. NR 113.
NR 114.20 Note
Note: It is the department's intent to work with the legislature to amend s.
281.48(4s), Stats., to allow an increase in vehicle licensing fees to further aid in implementing this subchapter and ch.
NR 113.
NR 114.20 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04;
CR 09-123: cr. (1) (e)
Register July 2010 No. 655, eff. 8-1-10.
NR 114.21
NR 114.21
Issuance of certificates. Upon satisfactory fulfillment of the qualifications required by this subchapter and receipt of the certification fee, the department shall issue a certificate to an applicant indicating the operator grade for which the applicant has qualified.
NR 114.21 History
History: CR 04-047: cr.
Register November 2004 No. 587, eff. 12-1-04.
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) A person whose certificate has expired may within one year be reinstated by paying the renewal fee, the late penalty fee and fulfilling the continuing education requirements. Operators may not renew their certificates by taking certification examinations in lieu of obtaining continuing education credits unless their certificate has been expired for at least one year. Operators may not continue to work with an expired certificate.
