There are two policy alternatives. The first alternative is to continue status quo and wait until public health metrics allow the department to safely return to providing in-person examinations to thousands of individuals annually. This is not a reasonable approach given the uncertainty surrounding the duration of the pandemic. In addition, it leaves an antiquated process in place when more modern and efficient approaches have been identified. The second alternative is that the department administers the process online. This alternative is reasonable, but not efficient. An established marketplace for these types of services currently exists, with online examination practices already in place (e.g., the use of Artificial Intelligence to detect possible cheating by an exam taker, developed software platform to administer the examination, etc.). Many of the DNR staff currently associated with administering the examination program have multiple other program duties. DNR is not adequately staffed nor does it have an established online examination framework in place to allow for the efficient administration of online examinations. Providing the opportunity for online examinations through a third party organization would be the soundest process to ensure that ch. NR 114, 146, and 524 professionals can obtain and renew necessary certifications. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The Department’s authorization to require certification examinations is found in ss. 281.17, 280.15, and 289.42, Wis. Stats: The Department is required by s. 281.17(3), Wis. Stats., to promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants, and septage servicing. The Department is authorized to charge a fee for certification, although it cannot require individuals who are eligible for the veterans fee waiver program to pay a fee. Section 280.15(2m), Wis. Stats., governs licensing for well drillers and pump installers, setting prerequisites for the receipt of these licenses. Under ss. 280.15(2m)(e) and 280.15(2m)(f)1m.a, Wis. Stats., an applicant must demonstrate competency by passing an examination administered by the Department before the Department may issue a driller or pump installer license. Section 289.42(1)(a), Wis. Stats., states that the department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste disposal facilities. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The estimated staff time needed to develop the emergency and permanent rules is approximately 200-300 hours. This includes staff time needed to address the full public input process, develop the economic impact analysis, conduct outreach to stakeholders, and coordinate agency reviews for the permanent rules.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rules would apply to all entities involved with water and waterworks, wastewater treatment, septage servicing, well drillers and water well pump installation in the state. The rules would more specifically apply to the various municipalities and industrial operations that require the services of a certified or licensed professional under chs. NR 114, 146, 520 and 524 Wis. Adm. Code. The proposed rules would also apply to all operating landfill facilities that are required to have a certified facility manager or site operator present. 7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
42 U.S.C. §300f et. seq. (The Safe Drinking Water Act) requires states to specify minimum standards for certification and recertification of the operators of community and nontransient noncommunity public water systems.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The anticipated economic impact of the emergency and permanent rules is moderate in the first year (approximately $60,000 in the first year) and minimal in the subsequent years (less than $50,000 per year in all following years) based on the following assumptions:
A third party organization will provide online exams using a remote proctor through a personal computer at an estimated cost of $70 per 2-hour exam session.
Drinking water and wastewater utility operators take two exams per session on average, and can complete those two exams in one, 2-hour session.
The average drinking water and wastewater utility operator, who takes two exams at the current cost of $50 ($25/exam), will pay a third party organization $70 for those two exams when completed in one 2-hour session. At an average of 1200 exam takers per year, the cumulative increased cost to utilities statewide is approximately $24,000 annually.
Small business operators, e.g., septage haulers, pump installers and well drillers, typically take one exam per session. The impact to small businesses would generally be an increase to their exam fees from $25 to $70 and perhaps even a decrease for some. The majority of these business operators typically take one exam during their career. The previous year (2019) there were 368 exams taken by small business operators statewide, for a cumulative increase of $16,560 if those exams were to be provided online.
There will likely be a one-time startup cost incurred by the state of approximately $15,000 to move 34 exam types into a third party on-line system.
A yearly maintenance fee of approximately $1,800 will also be incurred by the state. The rule may have an economic impact on small businesses, as defined in s. 227.114 (1), Wis. Stats. The anticipated total economic impact of this rule includes the estimated small business impact. DNR estimates that on average 368 exam takers per year (23% of all exam takers) are attributable to small businesses. The cumulative small business impact of this rule will be an approximately $16,560 annual increase. The department will engage small business and business affiliated associations during the development of the economic impact analysis of this rule. 9. Anticipated number, month and locations of public hearings:
The department anticipates holding a public hearing for the emergency rule in October 2021, or earlier if possible. The hearing will be conducted in Madison with opportunities for stakeholders around the state to connect to the Madison hearing via teleconference or video conference, and will allow for hearing comments to be submitted in writing.
The department anticipates holding a public hearing for the permanent rule in November 2021. The hearing will be conducted in Madison with opportunities for stakeholders around the state to connect to the Madison hearing via teleconference or video conference, and will allow for hearing comments to be submitted in writing.
Contact Person(s):
For Operator Certification Program:
Steve Geis, Certification Services Section Chief, Bureau of Environmental Analysis & Sustainability; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-572-2752; E-mail: Steven.Geis@wisconsin.gov For Waterworks and Water Systems:
Cathy Wunderlich, P.E., Public Engineering Section Chief, Bureau of Drinking Water and Groundwater; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-886-0864;
E-mail: Cathrine.Wunderlich@wisconsin.gov For Wastewater and Septage Systems:
Wade Strickland, Permits Section Chief, Bureau of Water Quality; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-669-0171;
E-mail: Wade.Strickland@wisconsin.gov For Landfill Systems:
Kate Strom Hiorns, Solid Waste Section Chief, Bureau of Water Quality; 101 S. Webster Street, Madison, WI 53705; Phone (Work Cell): 608-294-8663
Preston D. Cole, Secretary
Date Submitted
