CR 21-068 Rule Text

The statement of scope for this rule, SS 163-20,was approved by the Governor on December 18, 2020, published in Register No. 780B on December 28, 2020, and approved by the Natural Resources Board on February 24, 2021. This rule was approved by the Governor on December 16, 2021.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board adopts an order to repeal NR 114.05 (3) and (4), 114.19 (4) and (7), 114.54 (4), 146.09 (3) (c) (Note) and 524.08 (3) (c); to amend NR 114.05 (1), (5) and (6), 114.06 (1) (a) and (4), 114.11 (1) (a), 114.14 (1) (i), 114.19 (1), (3), (5), (6) and (8), 114.20 (1) (a), 114.24 (2) (a), 114.33 (title), (1), (2), (5), and (6), 114.34 (1) (a) and (4), 114.37 (1) (g), 114.54 (1), (5) and (6), 114.59 (1) (h), 146.04 (2) (i), (2m), (3) (c), (3m), (9) (b) and (c), 146.06 (3), 146.065 (3), 146.09 (3) (a) and (c), NR 520.04 (6) (a) and (b), and 524.08 (3) (a), (b), (d) and (f); to repeal and recreate NR 114.05 (2), 114.19 (2), 114.33 (3), 114.54 (2); and to create NR 114.05 (1) (Note), 114.06 (1) (e) and (5), 114.19 (3) (Note), 114.20 (1) (f) and (4), 114.33 (1) (Note), 114.34 (1) (f) and (6), 114.55 (1) (g) and (4), 146.04 (1) (e), 146.045 and 524.08 (3) (em) relating to allowing for third party administration of operator certification examinations and affecting small business.

WY-27-20

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted:

Section 45.44, Wis. Stats.

Section 281.17 (3), Wis. Stats. (ch. NR 114, Wis. Adm. Code)

Section 280.15 (2m) (e) and (f), Wis. Stats. (ch. NR 146, Wis. Adm. Code)

Section 289.42, Wis Stats. (ch. NR 520, Wis. Adm. Code)

Sections 289.06 and 289.42, Wis Stats. (ch. NR 524, Wis. Adm. Code)

2. Statutory Authority:

Section 45.44, Wis. Stats.

Section 227.11(2), Wis. Stats.

Section 280.15, Wis. Stats.

Section 281.17 (3), Wis. Stats.

Sections 289.06 and 289.42, Wis Stats.

3. Explanation of Agency Authority:

Revisions to options for providing department certification exams under ch. NR 114, Wis. Adm. Code, Certification Requirements for Waterworks, Wastewater Treatment Plant, Septage Servicing and Water System Operators will be promulgated pursuant to s. 281.17 (3), Wis. Stats.:

—Section 281.17 (3), Wis. Stats., grants the department authority to establish an examining program for the certification of operators of water system, wastewater treatment plants and septage servicing vehicles that are operated under a license issued under s. 281.48 (3), Wis. Stats.

Revisions to options for providing department license exams under ch. NR 146, Wis. Adm. Code, Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator Registration will be promulgated pursuant to chs. 280 and 281, Wis. Stats.:

—Section 280.15 (2m) (e), Wis. Stats.: The department may not issue a pump installer license unless the applicant demonstrates competency in pump installing by passing an examination administered by the department.

—Section 280.15 (2m) (f) 1m. a., Wis. Stats.: The department may not issue a driller license that authorizes well drilling unless the applicant demonstrates competency in well drilling by passing an examination administered by the department.

—Section 280.15 (2m) (f) 2m. a., Wis. Stats.: The department may not issue a driller license that authorizes heat exchange drilling unless the applicant demonstrates competency in heat exchange drilling by passing an examination administered by the department.

Revisions to options for providing department certification exams under ch. NR 520, Wis. Adm. Code, Solid Waste Management Fee and Financial Responsibility Requirements and ch. NR 524, Wis. Adm. Code, Training and Certification Requirements for Solid Waste Disposal Facility Operators will be promulgated pursuant to ss. 289.06 and 289.42, Wis. Stats.:

—Section 289.06 (4), Wis. Stats.: The department shall collect and disseminate information and conduct educational and training programs relating to the purposes of this chapter and ss. 292.31 and 292.35, Wis. Stats.

—Section 289.06 (5), Wis. Stats.: The department shall organize a comprehensive and integrated program to enhance the quality, management and protection of the state's land and water resources.

—Section 289.42 (1) (a), Wis. Stats.: 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. The department shall establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification. The department shall impose fees for the operator training and certification program.

Revisions to license fees for veterans under ss.. NR 114.06 (5), 114.20 (4), 114.34 (6), 114.55 (4), 146.04 (1) (e) and 524.08 (3) (em), Wis. Adm. Code, will be promulgated pursuant to s. 45.44, Wis. Stats.:

—Section 45.44 (2), Wis. Stats.: Program. “If the department verifies that the applicant for a license is eligible for a fee waiver, the licensing agency or the supreme court shall waive the accompanying fee for the license.”Section 45.44 (3), Wis. Stats.: Eligibility. “In order to be eligible for a license fee waiver, a veteran applicant shall be applying for an initial license, shall not have received a previous fee waiver under the program for any type of license.”

4. Related Statutes or Rules:

NR 114 - s. 281.17 (3), Wis. Stats.

NR 146 – ch. 281, Wis. Stats.

NR 520 – s. 289.42, Wis. Stats.

NR 524 – s. 289.06, Wis. Stats.

5. Plain Language Analysis:

Under the Clean Water Act, the U.S. Environmental Protection Agency (EPA) created partnerships with states, water systems, and the public to provide guidelines on minimum standards for certification and recertification of operators. Wisconsin operators initially become certified upon passing an examination evaluating their technical knowledge.

The goal of this rule is to provide online options for taking exams. The rule change will allow an organization under contract with the department to provide exams developed by the department. The department lacks the IT resources necessary to build its own online platform. Online exams will allow greater flexibility for taking exams throughout the year and expand the number of testing locations. In-person exams provided by the department will be offered on a limited basis, if a need is determined. Fees charged for department-administered exams are not proposed to change.

The proposed rule changes are prompted by the Covid-19 public health emergency.

6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:

EPA guidelines do not address the method of examination. In-person and online exams are allowed.

7. If Held, Summary of Comments Received During Preliminary Comment Period

and at Public Hearing on the Statement of Scope:

The department held an online preliminary public hearing on the statement of scope on February 5, 2021. Two attendees testified in support of the statement of scope; no attendees testified in opposition.