(1) In this section, “solid waste treatment” has the meaning given in s. 289.01 (39). (2) The department shall, by rule, establish a program for the certification of persons participating in or responsible for the operation of solid waste treatment facilities that burn solid waste. The certification requirements shall take effect on January 1, 1993. The department shall do all of the following: (a) Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain certification. (b) 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. (c) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate. (d) Impose fees for the operator training and certification program, except that the department may not impose a fee on an individual who is eligible for the veterans fee waiver program under s. 45.44. (e) Require that there be one or more certified operators on the site of a solid waste treatment facility at all times during the facility’s hours of operation. (3) The program under sub. (2) does not apply with respect to any of the following: (a) A facility described in s. 287.07 (7) (bg). (b) A solid waste treatment facility for the treatment of hazardous waste. (c) A solid waste treatment facility for high-volume industrial waste as defined in s. 289.01 (17). (d) A solid waste treatment facility of a type exempted from the program by the department by rule. (4) The training required under sub. (2) (b) may be conducted by the department or by another person with the approval of the department. (5) The department may suspend or revoke a solid waste treatment facility’s operating license if persons at the facility fail to obtain certification required under sub. (2) (a) or for failure to have a certified operator on the site as required under sub. (2) (e). (6) The department may suspend or revoke an operator’s certification for failure to comply with this chapter, rules promulgated under this chapter or conditions of operation made applicable to a solid waste treatment facility by the department.
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