Chapter NR 114

NR 114.28 Note Note: Section NR 809.04 (4) defines “community water system” to mean “a public water system which serves at least 15 service connections used by year–round residents or regularly serves at least 25 year–round residents. Any public water system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered a community water system unless information is available to indicate that 25 year–round residents will not be served.”

NR 114.28(5) (5) “Department” means the department of natural resources.

NR 114.28(6) (6) “Direct responsible charge” means the responsibility to provide detailed on-site technical direction of the operation of a water system.

NR 114.28(7) (7) “Operate” means to be in direct responsible charge of a subclass of operations at a water system.

NR 114.28(8) (8) “Operator-in-charge” means the person designated by the owner of a water system to be in direct responsible charge of a subclass of operations of the water system. Not included in this definition are managers, engineers, directors or the equivalent, who are not actually involved in day-to-day operations of the system.

NR 114.28(9) (9) “Owner” means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution, association, utility district, school district, joint sewerage commission or individual owning or operating any water system.

NR 114.28(10) (10) “Subclass” means a letter assigned a plant or system based upon a particular type of process at the plant and the letter assigned to a person based on passing an examination for a specific operational process.

NR 114.28(11) (11) “Water system” means an other than municipal community or a non-transient non-community public water system as defined in pars. (a) and (b):

NR 114.28(11)(a) (a) “Other than municipal community water system” means a community water system that is not a municipal water system and is not a waterworks as defined in sub. (11). Examples of other than municipal community water systems include, but are not limited to, those serving mobile home parks, apartments and condominiums.

NR 114.28(11)(b) (b) “Non-transient non-community water system” means a non-community water system that regularly serves at least 25 of the same persons over 6 months per year and is not a waterworks as defined in sub. (11). Examples of non-transient non-community water systems include, but are not limited to, those serving schools, day care centers and factories.

NR 114.28(12) (12) “Waterworks” means a community water system owned by, or a private utility serving, a county, city, village, town, town sanitary district, utility district or a county–owned or state–owned public institution for congregate care or correction, which includes but is not limited to correctional institutions, correctional camp systems, county jails or houses of correction, mental health institutes, schools for the handicapped, hospitals, infirmaries and asylums.

NR 114.28 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.29 NR 114.29 Classification of water systems.

NR 114.29(1) (1) The classification of each water system shall be class 1 and assigned one or more of the applicable subclasses listed in sub. (3) based on the operations performed at the system.

NR 114.29(2) (2) Each water system shall be assigned a minimum of subclass O and additional subclasses for each treatment or process utilized and listed in sub. (3).

NR 114.29(3) (3) The following subclasses are established for both water system classifications and operator certification:

NR 114.29(3)(a) (a) Subclass O — General water system operation. All water systems utilizing a groundwater source, surface water source, or purchased water from a waterworks. Any operator who holds a valid waterworks certification under subch. I in subclasses G, D or S may also operate this water system subclass.

NR 114.29(3)(b) (b) Subclass Z — Zeolite and resin treatment. All water systems providing zeolite softening or specific contaminant removal by resins. Any operator who holds a valid waterworks certification under subch. I in subclass Z may operate this water system subclass.

NR 114.29(3)(c) (c) Subclass I — Oxidation and filtration treatment. All water systems providing iron removal by oxidation and filtration. Any operator who holds a valid waterworks certification under subch. I in subclass I may also operate this water system subclass.

NR 114.29(3)(d) (d) Subclass L — Lime-soda ash treatment. All water systems providing treatment by the lime-soda ash process for iron removal or softening, or both. Any operator who holds a valid waterworks certification under subch. I in subclass L may operate this water system subclass.

NR 114.29(3)(e) (e) Subclass V — Specialized treatment. All water systems providing special treatment such as, but not limited to, air stripping, granular activated carbon or others. Any operator who holds a valid waterworks certification under subch. I in subclass V may also operate this water system subclass.

NR 114.29 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.30 NR 114.30 General requirements. Every water system shall have a designated operator-in-charge. No person may be an operator-in-charge of a water system subclass unless that person holds a valid certificate for that subclass issued pursuant to this chapter.

NR 114.30 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.31 NR 114.31 Requirements for water system owners. The owner of a water system shall designate to the department the operator-in-charge of the water system. The designated operator-in-charge shall meet the requirements stated in s. NR 114.32. 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 114.31 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.32 NR 114.32 Requirements for water system operators.

NR 114.32(1) (1) To qualify for certification in any of the subclasses established in s. NR 114.29, the person shall meet the requirements of either par. (a) or (b).

NR 114.32(1)(a) (a) The person shall possess a high school diploma or a general equivalency diploma.

NR 114.32(1)(b) (b) The person shall have a minimum of 2 years experience operating a water system prior to December 1, 2000.

NR 114.32(2) (2) To qualify for certification in any of the subclasses established in s. NR 114.29, a person shall submit a completed application and successfully pass the examination for that subclass as stated in s. NR 114.33.

NR 114.32(3) (3) The operator-in-charge of the operation of a water system subclass listed in s. NR 114.29 shall hold a valid certification for that subclass, except as noted in sub. (4).

NR 114.32(4) (4) Upon the addition of a subclass treatment process to a water system, the operator-in-charge of the system shall have 12 months to pass the necessary examinations and meet the requirements specified under this section.

NR 114.32(5) (5) The operator-in-charge of a water system shall be available during each operating shift.

NR 114.32(6) (6) To continue certification under this subchapter, each certified water system operator shall renew his or her certificate every 3 years as specified in s. NR 114.36.

NR 114.32 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.33 NR 114.33 Examinations and applications.

NR 114.33(1) (1) A person desiring to be certified to perform duties at a water system shall submit a completed examination application to the department. The department shall approve or deny the application within 10 business days of receipt of the application, unless the application involves a revoked or suspended certificate, in which case, the department shall approve or deny the application within 35 business days of receipt of the application. Fees as outlined under s. NR 114.34 shall accompany the application. Applicants shall be notified of their eligibility for examination.

NR 114.33 Note Note: The application form is available on the following website: https://dnr.wisconsin.gov/ or by writing to the Department of Natural Resources, Operator Certification Program, PO Box 7921, Madison, WI 53707-7921.

NR 114.33(2) (2) Examinations shall be used to determine knowledge, skill, and ability of the applicant to perform duties at a water system. A score of 75 percent or higher shall be a passing score on each examination.

NR 114.33(3) (3) The department will primarily rely on an organization under contract with the department to provide examinations. The department may conduct examinations on a case-by-case basis when necessary to accommodate applicants’ needs. An organization under contract to provide examinations may charge fees to cover the cost of providing any examination under this section as allowed under its contract with the department.

NR 114.33(4) (4) Examinations for water system operations may not be issued to applicants who have not properly registered or who fail to identify themselves on request.

NR 114.33(5) (5) Examination results shall be made available to an applicant within 30 days of the examination date.

NR 114.33(6) (6) An applicant who fails to pass an examination may apply to the department for reexamination.

NR 114.33(7) (7) The department shall provide a list of reference materials and study guides pertaining to each water system subclass.

NR 114.33(8) (8) An applicant who holds a valid waterworks certification under subch. I in subclasses Z, I, L or V may apply for and be granted certification in the same water system subclasses as listed in s. NR 114.29 without repeating the subclass examination.

NR 114.33 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01; EmR2123: emerg. am. (title), (1), (2), r. and recr. (3), am. (5), (6), eff. 8-21-21; CR 21-068: am. (title), (1), (2), r. and recr. (3), am. (5), (6) Register April 2022 No. 796, eff. 5-1-22.

NR 114.34 NR 114.34 Fees.

NR 114.34(1) (1) Fees for certification shall be as follows:

NR 114.34(1)(a) (a) Each examination     $25.00

NR 114.34(1)(b) (b) Three year renewal (per certificate)   $45.00

NR 114.34(1)(c) (c) Late renewal penalty (per certificate)   $25.00

NR 114.34(1)(d) (d) Reciprocal certification (per certificate)   100.00

NR 114.34(1)(f) (f) A 3rd-party organization may charge additional fees to administer an online exam.

NR 114.34(2) (2) Fees shall accompany a completed application form.

NR 114.34(3) (3) The renewal fee is due on the expiration date of the certificate. Any renewal application postmarked after the expiration date shall also include a $25.00 late renewal penalty.

NR 114.34(4) (4) Fees may not be refunded to an applicant who fails to pass an examination, who fails to appear to take the examination, or who fails to identify himself or herself on request.

NR 114.34(5) (5) The department shall collect these fees pursuant to s. 281.17 (3), Stats., for uses including the administration of this chapter.

NR 114.34(6) (6) A veteran may request a fee waiver for a first-time license or operator certificate in accordance with the veterans fee waiver program under s. 45.44, Stats.

NR 114.34 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01; EmR2123: emerg. am. (1) (a), cr. (1) (f), am. (4), cr. (6), eff. 8-21-21; CR 21-068: am. (1) (a), cr. (1) (f), am. (4), cr. (6) Register April 2022 No. 796, eff. 5-1-22; correction in (1) (f) made under s. 35.17, Stats., Register April 2022 No. 796.

NR 114.35 NR 114.35 Issuance of certificates.

NR 114.35(1) (1) Upon satisfactory fulfillment of the qualifications required by this subchapter, the department shall issue a certificate to a person indicating the water system subclasses for which the person has been certified.

NR 114.35(2) (2) Certificates may be issued for reciprocal certification, without examination, in a comparable subclass to any person who holds a current certificate in any state, territory or possession of the United States, or any country, if in the judgment of the department, the person requesting reciprocal certification has met the equivalent of the provisions of this subchapter in examinations.

NR 114.35(3) (3) All certificates shall expire 3 years from the date of issuance. Certificates may be updated to show additional subclasses after passing an examination, but the original expiration date shall remain on the certificate. Updating a certificate for any reason, except renewal of certification as described in s. NR 114.36 does not extend or change the expiration date. Certificates shall only be renewed subject to the requirements of s. NR 114.36.

NR 114.35 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.36 NR 114.36 Renewal of certification.

NR 114.36(1) (1) A person who desires to renew a certificate shall submit a renewal application, the renewal fee and evidence of fulfilling the continuing education requirements of sub. (2).

NR 114.36(2) (2) Certified water system operators require 6 hours of continuing education per 3-year renewal period. Evidence of these hours shall be submitted on forms approved or provided by the department for department required or approved training courses that they have successfully completed during the 3 year period. These may include, but are not limited to courses sponsored by the department, courses at any university or technical school, technical sessions at meetings of professional organizations, in-house training and correspondence courses.

NR 114.36(3) (3) Failure to successfully complete and document the appropriate number of hours of continuing education training within the 3-year period shall result in rejection of a certificate renewal application.

NR 114.36(4) (4) A person whose certification has expired may, within one year after expiration, be reinstated by submitting a renewal application, the renewal fee, the late penalty fee and evidence of the continuing education requirements of sub. (2). A person not renewing within the one-year period after expiration will have to apply to take the necessary examinations for a new certificate.

NR 114.36 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01.

NR 114.37 NR 114.37 Sanctions.

NR 114.37(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 operators certificate, or reprimand the operator if the department finds that the holder of the certificate has done any of the following:

NR 114.37(1)(a) (a) Made a material misstatement in the application for certification or any application for a renewal of certification.

NR 114.37(1)(b) (b) Demonstrated incompetence to operate the system.

NR 114.37(1)(c) (c) Failed to notify the department of a violation of a maximum contaminant level as required in ch. NR 809 or the construction requirements of ch. NR 811 by the operator-in-charge of a water system operation.

NR 114.37(1)(d) (d) Failed to provide public notification of a violation of ch. NR 809.

NR 114.37(1)(e) (e) Falsified any monitoring, operating or other records submitted to the department, or provided by the department.

NR 114.37(1)(f) (f) 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 114.37(1)(g) (g) Used deception or any form of dishonesty when taking an examination, or removed examination materials from the examination site.

NR 114.37(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 114.37(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 114.37(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 114.37(5) (5) Any order revoking or suspending a certificate is subject to judicial review as provided in ch. 227, Stats.

NR 114.37 History History: Cr. Register, December, 2000, No. 540, eff. 1-1-01; EmR2123: emerg. am. (1) (g), eff. 8-21-21; CR 21-068: am. (1) (g) Register April 2022 No. 796, eff. 5-1-22.

subch. IV of ch. NR 114 Subchapter IV — Certification of Wastewater Treatment Plant Operators

NR 114.50 NR 114.50 Purpose. The purpose of this subchapter is to establish rules for the certification of wastewater treatment plant operators pursuant to s. 281.17 (3), Stats.

NR 114.50 History History: CR 13-054: cr. Register June 2014 No. 702, eff. 7-1-15.

NR 114.51 NR 114.51 Applicability. The provisions of this subchapter are applicable to all owners and operators of wastewater treatment plants as defined in this subchapter and under the coverage of a WPDES permit.