- 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. 4. Related Statutes or Rules:
NR 146 – ch. 281, 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 will continue to be an option provided by the department, and the 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.
The department received written comments from eight individuals or groups on the statement of scope. Six commenters were in support of the scope statement, one commenter was in opposition with concerns about changing the exam questions, and one commenter was neither in support nor opposition, but offered his help with the process. Wisconsin Liquid Waste Carriers Association included a comment that they want the department to maintain the requirement for a Master Operator class. Municipal Environmental Group wants limited fee increases. One wastewater operator suggested allowing more options for proctoring exams.
8. Comparison with Similar Rules in Adjacent States:
Drinking water operator exams (ch. NR 114): - Ohio and Indiana are the only two EPA Region V states allowing online exams.
- Iowa is providing online exams to landfill operators in place of written exams, during the pandemic.
- Fee comparisons:
- Wisconsin: $25 + $70 estimated online fee (proposed $95 total cost)
- Indiana: $30 + $40 online fee
- Ohio: $45 + $112 online fee
- Illinois: $40
- Iowa: $110
- Michigan: $70
- Minnesota: $55
Wastewater and Septage exams (ch. NR 114): - Indiana has no statewide certification program. Some counties have rules in place.
- Minnesota offers written exams only. Fees are $125.
- Ohio offers an online exam. Fees are $80 to $145 for a written exam; $157 for online exams.
- Illinois offers written exams only for no fee.
- Iowa offers written exams only for $110.
- Michigan offers written exams only. Fees are $80-$110.
- Wisconsin fees are $25 for wastewater exams and septage exams are $100. (With $70 estimated online fee, a proposed $45 or $170 total cost.)
Well driller/pump installer exams (ch. NR 146): - Ohio does not require an exam
-None of the EPA Region V states or Iowa offer an online exam.
- Fee comparisons:
- Wisconsin: $25 + $90 estimated online fee (proposed $115 total cost)
- Indiana: $25 + $100 for license
- Ohio: N/A (no exam required)
Illinois: $50 well driller or pump installer, $80 well driller and pump installer, $175 closed loop driller
- Iowa: $100 plus $300 driller license, $250 pump installer license
- Michigan: $40 driller, $25 pump installer
- Minnesota: $75
- Illinois is considering third-party exams. Fees are currently $500.
- Iowa is offering online exams only during the pandemic for $20.
- Indiana offers an online exam. Fees are $175 to $225 for third-party exams.
- Michigan does not require exams for landfill operators.
- Minnesota offers a written exam only. Fees are $375 which include a class and exam.
- Ohio is currently developing a landfill operator certification program.
- Wisconsin fees are $200 for site operator examinations. (With $70 estimated online fee, a
proposed $270 total cost.)
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Not applicable. No changes are being proposed to a regulatory approach. Minor procedural changes are being proposed to allow more options for taking exams.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The department administers approximately 3,000 exams to 1,500 individuals each year. The proposed rule change would allow a third-party organization to administer those exams and charge fees to cover the cost of providing any examination as allowed under its contract with the department. The department has executed a contract with the Association of Boards of Certification (ABC) to administer exams at a cost of $70 for a one-hour session, $80 for two hours, and $90 for 3 hours. Most exams can be completed in one hour. However, exams for water well drillers, heat exchange drillers, and pump installers can typically take up to three hours, so they would likely need to pay for the $90 session. There are approximately 140 individuals who take these longer exams each year. On average we anticipate that 500 individuals will register for the one-hour session to take one exam, 1,000 individuals will sign up for the two-hour session to take two or three exams, and 140 individuals will take the three-hour exam each year.
The combined statewide cost increase for exams would be approximately $128,000. However, there would be some savings in travel costs with an increase in the number of testing sites. Depending on demand, there will also continue to be periodic written exams offered by the department. Third-party fees will not be assessed for those in-person exams.
11. Effect on Small Business (initial regulatory flexibility analysis):
The department estimates that the maximum annual cost increase for small businesses will be $24,500.
Septage Servicing Businesses – an average of 150 operators take exams annually. The cumulative maximum annual cost increase for this business sector will be approximately $10,500 (150 exams X
$70/one-hour exam session).
Well Drillers, Pump Installers, Heat Exchange Drillers – an average of 140 individuals take this exam annually. The cumulative maximum annual cost increase for this business sector will be approximately
$12,600 (140 exams X $90/three-hour exam session.
Landfills – an average of 20 new operators take this exam annually. The cumulative maximum annual cost increase for this business sector will be approximately $1,400 (20 exams X $70/one-hour exam session).
12. Agency Contact Person:
For Operator Certification Program:
