Section NR 113.05 - Licensing(1) INITIAL LICENSURE; APPLICANT REQUIREMENTS. Applicants for licensure shall meet all of the following requirements:(a) Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall clearly denote the owner and legal entity applying for the business license. The application shall designate an operator-in-charge for the business in accordance with ch. NR 114 and that operator-in-charge shall possess a valid master operator certification for the duration of the business license period. License fees under par. (b) shall accompany each application. Note: Application forms are available at department offices.
(b) All licenses issued under this section for a period beginning before July 1, 1997, are issued on an annual basis and shall expire June 30 each year. All licenses issued under this section for a period beginning after June 30, 1997, are issued on a biennial basis and shall expire June 30 in every odd-numbered year. For a license to a state resident, for each vehicle used for servicing, the fee is $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997. For a license to a nonresident, for each vehicle used for servicing, the fee is $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. In addition to the initial license fee, a groundwater fee of $50 for each business for a period beginning before July 1, 1997, or $100 for a period beginning after June 30, 1997, shall be submitted for credit to the groundwater fund. The fee schedule is as follows:(c)1. The department shall request a non-delinquency certificate from the departments of children and families, revenue, and workforce development under ss. 49.857, 73.0301, and 108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.2. If the department receives notice that a non-delinquency certificate cannot be issued from the department of children and families, the department of revenue, or the department of workforce development, the application shall be denied. TABLE 1
COMMERCIAL HAULER FEE SCHEDULE SUMMARY
Initial Licensing NR 113.05(1) | Renewal of Licensing NR 113.05(3) |
1. | Business Fee Resident |
Before July 1997 | $25/vehicle | $25/vehicle |
After June 1997 | $50/vehicle | $50/vehicle |
Nonresident |
Before July 1997 | $50/vehicle | $50/vehicle |
After June 1997 | $100/vehicle | $100/vehicle |
2. | Groundwater Fee |
Before July 1997 | $50/business | $50/business |
After June 1997 | $100/business | $100/business |
3. | Late Filing Fee | N/A | $25 |
(2) INITIAL LICENSURE; DEPARTMENT REQUIREMENTS. Prior to issuance of a license, the department shall ensure that all of the following requirements are met: (a) The department shall inspect the servicing equipment and operating procedures. The vehicle business license sticker may not be issued if the equipment is not in compliance with this chapter.(b) Each designated operator-in-charge shall obtain a master operator certification as required under ch. NR 114.(c) Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.(d) Within 30 working days of receipt of a complete business license application, the department shall take action by either approving or denying the license application.(3) LICENSE RENEWAL. All licenses expire on June 30 on a biennial basis. Businesses seeking license renewal shall meet all of the following renewal requirements:(a) Application for renewal shall be filed with the department on or before June 1, at least one month prior to expiration, and if filed after that date, a late fee of $25 shall be charged in addition to the renewal fee. Anyone servicing systems without a current business license under this section, unless exempt by statute, is subject to the penalties in s. NR 113.14 and s. 281.48, Stats. Payment of a late fee does not relieve a violator from being subject to penalties. The renewal application shall designate an operator-in-charge for the business who is properly certified under ch. NR 114.(b) The renewal fee and the groundwater fee shall accompany the renewal application. The renewal fee and groundwater fee are the same as for initial licensure in accordance with sub. (1)(b). (c) Prior to renewal, servicing equipment shall be made available at least once every 2 years for an inspection by the department or by a department approved inspector. A vehicle sticker may not be issued if the equipment is found to be unsatisfactory or is not in compliance with this chapter. The department may not renew a business license for a business that does not have at least one vehicle meeting these requirements.(d) The department may not issue or renew a license for a business that has accumulated violations, as summarized in the following table, for the following: ss. NR 113.04, 113.05, 113.06, 113.07, 113.09, 113.11, and 113.12, and s. 29.601, Stats., during the last license period. The department may not reissue a license for a period of at least one year after revocation under s. NR 113.13. Number of vehicle stickers issued to the business | Number of violations that result in the nonrenewal of the business license |
1 to 3 | 6 |
4 to 9 | 12 |
Greater than 9 | 18 |
(dg) The business owner shall designate an operator-in-charge for the business. The designated operator-in-charge shall possess a valid master operator certification. The business shall employ an operator-in-charge with a valid master operator certification for the duration of the business license period. (dr)1. The department shall request a non-delinquency certification from the departments of children and families, revenue, and workforce development under ss. 49.857, 73.0301, and 108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.2. If the department receives notice that a non-delinquency certification cannot be issued from the departments of children and families, revenue, or workforce development, the department shall deny the application.(e) Within 30 working days of the receipt of a completed license renewal application, the department shall take action by either approving or denying the license renewal application.(3m) WASTEWATER GENERATED AT CAMPGROUNDS AND FROM RECREATIONAL VEHICLES. (a) Except as required under par. (b), wastewaters generated at campgrounds and from recreational vehicles are not subject to the requirements of this chapter if, under s. ATCP 79.15, all of the following apply: 1. The wastewater is discharged to any of the following:b. A POWTS approved by the department of safety and professional services or a governmental unit under s. 145.01(5), Stats., that complies with chs. SPS 382 to 385.c. A sanitary dump station.2. The POWTS and sanitary dump stations are serviced according to this chapter.(b) Septage generated from portable restrooms at campgrounds shall be serviced according to this chapter.(4) EXEMPTION. (a) A farmer who disposes of septage on land owned or leased by the farmer is exempt from the licensing requirement under s. 281.48(3) (d), Stats., if all of the following conditions apply: 1. The septage is removed from a septic tank that is located on the same parcel of land where the septage is disposed.2. The farmer complies with all applicable statutes and rules for servicing and land application of the septage. (e)1. If a farmer is exempt under par. (a), the department may require the farmer to provide the department with information that shows that sufficient land area is available for disposal. Land area shall meet the requirements under s. NR 113.07(3) (b). 2. The department may provide a non-commercial registration number to allow the farmer to report POWTS servicing events required under s. SPS 383.55 to governmental units under s. 145.01(5), Stats., or to designated agents.(f) While a person may be exempted from business licensing requirements by s. 281.48, Stats., servicing shall be in conformity with this chapter.(g) A person that fails to comply with the requirements of this chapter is subject to enforcement under s. NR 113.14.Wis. Admin. Code Department of Natural Resources NR 113.05
Cr. Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (d), Register, January, 1999, No. 517, eff. 2-1-99.Amended by, CR 20-046: am. (1) (intro.), (a), cr. (1) (c), am. (2) (intro.), (b), (3) (intro.), (d), cr. (3) (dg), (dr), (3m), renum. (4) (intro.), (a) to (4) (a) (intro.), 1. and am., r. (4) (b), renum. (4) (c) to (4) (a) 2. and am., r. (4) (d), cr. (4) (e) to (g) Register September 2021 No. 789, eff. 10-1-21; correction in (3) (dr) made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021Farmers eligible for the farmer exemption are still required to meet all land application and servicing requirements of this chapter.