No. 27022 (Amendment): R317-10. Certification of Wastewater Works Operator

DAR File No.: 27022
Filed: 03/30/2004, 05:19
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The objective of the proposed amendment is to clarify the rules in order to bring them more into harmony with actual practices used by the wastewater operator certification program of the Division of Water Quality. The Utah Wastewater Operator Certification Council has recommended many of the suggested changes as proposed by the Association of Boards of Certification (ABC) regarding classification of the facilities, as well as exam and certification practices. The Water Quality Board concurs with the recommendations.

 

Summary of the rule or change:

In Subsection R317-10-5(A), clarifies that supervisors of systems who are not responsible for the process decisions are not required to be certified as operators. But, any person who has "direct responsible charge" as defined in this rule, does need to meet the qualifications of certification. In Subsection R317-10-5(B), changes the requirement to notify the Executive Secretary in cases where the facility (system) loses the services of the Chief Operator for reasons other than "termination", such as active military duty or extended incapacitation. In Section R317-10-6, in Tables 1 and 2, miscellaneous minor changes to facility classification system are made. In Section R317-10-7, clarification of requirements for operator certification grades and renewals for consistency within the rule are made. In Subsection R317-10-11(G), language and formatting to better reflect the intent of the statute that allowed up to three years following adoption of the rules to obtain initial certification are added. Certificates must be renewed on time to prevent the facility from being considered "out of compliance." If certificate is not renewed, the operator must take an exam to become certified. Several other editorial changes are also proposed.

 

State statutory or constitutional authorization for this rule:

Section 19-4-104

 

Anticipated cost or savings to:

the state budget:

The proposed amendments will be addressed using existing staff and resources. No impact to state budget is anticipated.

 

local governments:

A small percentage of communities may find that the requirements for certification of "direct responsible charge (DRC)" operators, notification of incapacity of DRC, changes in facility classification, or requirements for "grandfather" certificates may affect them. However, no additional significant costs are anticipated to meet the new requirements.

 

other persons:

The proposed amendments apply to political subdivisions of the state that operate wastewater treatment works and sewerage systems. No impact to other persons is anticipated unless a person with a grandfather certificate allows it to expire. There is no "reinstatement" allowed for in the proposed rule, so they would need to take a certification exam for the regular fee.

 

Compliance costs for affected persons:

A small percentage of communities or districts have managerial personnel who supervise the day-to-day operations, but who do not have a part in the decisions regarding the quality of the water and its treatment. These communities will be able to hire individuals who are not certified as wastewater operators to perform those other functions without having to worry about them being able to qualify as operators. This could prove an overall savings and better use of the skills of the individuals and resources available. No significant additional costs are anticipated.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments apply to political subdivisions of the state that operate wastewater treatment works and sewerage systems. No impacts to businesses are anticipated.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

 

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/17/2004

 

This rule may become effective on:

05/21/2004

 

Authorized by:

Don Ostler, Director

 

 

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-10. Certification of Wastewater Works Operators.

R317-10-1. Objectives.

The certification program is established in order to assist in protecting the quality of waters in the state of Utah by helping ensure that personnel in charge of wastewater works are trained, experienced, reliable and efficient; to protect the public health and the environment and provide for the health and safety of wastewater works operators; and to establish standards and methods whereby wastewater works operating personnel can demonstrate competency.

 

R317-10-2. Scope.

These certification rules apply to all wastewater treatment works and sewerage systems, with the exception of Onsite Wastewater Systems and Large Underground Wastewater Disposal Systems as defined in R317-1-1. This includes both wastewater collection systems and wastewater treatment systems except underground wastewater disposal systems. Wastewater works operated by political subdivisions must employ certified operators as required in this rule. Operators of wastewater systems not requiring certified operators (such as industrial wastewater treatment systems) may be certified according to provisions of these rules for testing and certification.

 

R317-10-3. Authority.

The Certification Program for Wastewater Works Operators is authorized by Section 19-5-104 of the Utah Code Annotated.

 

R317-10-4. Definitions.

A. "Board" means the Water Quality Board.

B. "Category" means type of certification (collection or wastewater treatment).

C. "Certificate" means a certificate issued by the Council, stating that the recipient has met the minimum requirements for the specified operator grade described in this rule.

D. "Certified Operator" means a person with the appropriate education and experience, as specified in this rule, [that]who has successfully completed the certification exam or otherwise meets the requirements of this rule.

E. "Chief Operator" means the supervisor in direct responsible charge of all shift operators for a collection or treatment system.

F. "Collection System" means the system designed to collect and transport sewage from the beginning points that the collection entity regards as their responsibility to maintain and operate, to the points where the treatment facility assumes responsibility for operation and maintenance.

G. "Council" means the Utah Wastewater Operator Certification Council.

H. "Continuing Education Unit (CEU)" means ten contact hours of participation in and successful completion of an organized and approved continuing education experience. College credit in approved courses may be substituted for CEUs on an equivalency basis as defined in this rule.

I. "Direct Responsible Charge (DRC)" means active on-site charge and performance of operation duties. The person in direct responsible charge is generally a supervisor over wastewater treatment or collection who independently makes decisions affecting all treatment or system processes during normal operation which may effect the quality, safety, and adequacy of treatment of wastewater discharged from the plant. In cases where only one operator is employed, this operator shall be considered to be in direct responsible charge.

J. "Executive Secretary" means the Executive Secretary of the Water Quality Board.

K. "Grade Level" means any one of the possible steps within a certification category of either wastewater collection or wastewater treatment. There are four levels each for collection and treatment system operators, Grade I being the lowest and Grade IV the highest level. There is one level for lagoon operators.

L. "Grandfather Certificate" means a certificate issued to an operator, without taking an examination, by virtue of the operator meeting experience and other requirements in R317-10-11.G of this rule.

M. "Operating Experience" means experience gained in operating a wastewater treatment plant or collection system which enables the operator to make correct supervisory, operational, safety, and maintenance decisions affecting personnel, water quality, public health, regulatory compliance, and wastewater works operation, efficiency, and longevity.

N. "Operator" means any person who is directly involved in or may be responsible for operation of any wastewater works or facilities treating wastewater.

O. "Population Equivalent (P.E.)" means the population which would contribute an equivalent waste load based on the calculation of total pounds of B.O.D. contributed divided by 0.2. This calculation may be used where a significant amount of industrial waste is discharged to a wastewater system.

P. "Restricted Certificate" means a certificate issued upon passing the certification examination when other requirements have not been met.

Q. "Small Lagoon System" means a wastewater lagoon system designed to serve fewer than 3500 design population equivalent.

R. "Wastewater Works" means facilities for collecting, pumping, treating or disposing of sanitary wastewater.

 

R317-10-5. Wastewater Works Owner Responsibilities.

A. The chief operator and supervisors who make process decisions for the system and are designated to be in direct responsible charge must be certified at no less than the level of the facility classification. All other operators in direct responsible charge must be certified at no less than one grade lower than the facility classification or at the lowest required facility classification except as provided in B below. All facilities must have an operator certified at the facility level on duty or on call. If a facility or system undergoes a re-rating, all operators considered to be in DRC must be certified at the appropriate level within one year after notification of the new rating.

B. The Executive Secretary must be notified by the facility owner within 10 working days [Upon]after termination of employment of the Chief Operator[,] considered in DRC, or when he is otherwise unable to perform those duties[the Executive Secretary must be notified within 10 working days by the facility owner]. The wastewater works must have a certified operator or an operator with a restricted certificate at the appropriate level within one year from the date the vacancy occurred.

C. For newly constructed[ If the] wastewater works[ is newly constructed], a certified operator or an operator with a restricted certificate at the appropriate level must be employed within one year after the system is deemed operable.

[C]D. Those required to be certified may operate a system with a restricted certificate of the required grade for up to one year for a Class I or Class II facility, or up to two years for a Class III or Class IV facility, but may not continue to operate a system if they are unable to obtain an unrestricted certificate at the end of the stipulated period.

[D]E. Contracts

1. General. In lieu of employing a DRC operator as part of its workforce, a facility owner may enter into a contract for DRC services with an operator certified at the appropriate level, or with another public or private entity with operators certified at the appropriate level.

2. Any such contract must be reviewed and approved by the Executive Secretary.

3. If the contract is with another entity, it must include the names of the certified individuals who will be in direct responsible charge of the operation of the facility. At a minimum the contract must contain the following elements:

a. A clear description of the overall duties and responsibilities of the facility owner and the responsibilities of the contracted DRC operator(s) related to the supervision of the facility's operation, including the frequency of visits and the duties to be performed.

b. Identification of the contract period and effective date of the contract

c. Consideration

d. Termination clause

e. Execution by authorized signatories

 

R317-10-6. Facility Classification System.

Treatment plants and collection systems shall be classified in accordance with Table 1.

 

TABLE 1
FACILITY CLASSIFICATION SYSTEM

FACILITY                             CLASS

CATEGORY              I          II           III          IV



Collection  Pop.     3,500      3,501 to    15,001 to    50,001 and

(1)         Served   and less   15,000      50,000       greater



Treatment   Range    30 and     31 to 55    56 to 75      76 and

Plant (2)   of Fac.  less                                 greater

            Points



Small       Design    3,500 and less

Lagoon      Pop.

Systems(3)  Equiv.



     (1)  Simple "in-line" treatment (such as booster pumping,

preventive chlorination, or odor control) is considered an

integral part of a collection system.

     (2)  Treatment plants shall be assigned "facility points"

in accordance with Table 2 "Wastewater Treatment Plant

Classification System".

     (3)  A combined certificate shall be issued for treatment

works/collection system operation.

 

 

TABLE 2
WASTEWATER TREATMENT PLANT CLASSIFICATION SYSTEM

     Each Unit process should have points assigned only once.



   Item                                                   Points

SIZE (2 PT Minimum - 20 PT Maximum)



   Max. Population equivalent (PE) served,                 1 - 10

    peak day(1)

   Design flow average day or peak month average,          1 - 10

    whichever is larger(2)



[   Variation in raw waste:]VARIATION IN RAW WASTE (3)

   Variations do not exceed those normally or                0

    typically expected

   Recurring deviations or excessive variations of           2

    100 - 200% in strength and/or flow

   Recurring deviations or excessive variations of           4

    more than 200% in strength and/or flow

   Raw wastes subject to toxic waste discharges              6

   [Impact]Acceptance of septage o[f]r truck-hauled waste    2[0 - 4]



PRELIMINARY TREATMENT

   Plant pumping of main flow                                3

   Screening, comminution                                    3

   Grit removal                                              3

   Equalization                                              1



PRIMARY TREATMENT

   Clarifiers                                                5

   Imhoff tanks or similar                                   5



SECONDARY TREATMENT

   Fixed [F]film reactor [trickling filters, RBC's]         10

   Activated sludge                                         15

   Stabilization ponds w/o aeration                          5

   Stabilization ponds w/aeration                            8



TERTIARY TREATMENT

   Polishing ponds[, wetlands] for advanced waste treatment  2

   Chemical/physical advanced waste treatment w/o           15

    secondary

   Chemical/physical advanced waste treatment               10

    following secondary

   Biological or chemical/biological advanced waste         12

    treatment

   Nitrification by designed extended aeration only          2

   Ion exchange for advanced waste treatment                10

   Reverse osmosis, electrodialysis [for advanced]and other 15

    [waste treatment]membrane filtration techniques

   Advanced waste treatment chemical recovery, carbon        4

    regeneration

   Media Filtration                                       [4]5



ADDITIONAL TREATMENT PROCESSES

   Chemical additions (2 pts./each for max. [O]of 6 pts.)  2 - 6

   Dissolved air flotation (for other than sludge

   thickening)                                               8

   Intermittent sand filter                                  2

   Recirculating intermittent sand filter                    3

   Microscreens                                              5

   Generation of oxygen                                      5



SOLIDS HANDLING

   Solids conditioning                                        2

   Solids thickening (based on technology)                 2 - 5[5]

   Mechanical dewatering                                     8

   Anaerobic digestion of solids                            10

   Utilization of digester gas for heating                   5

    or cogeneration

   Aerobic digestion of solids                               6

   Evaporative sludge drying                                 2

[   Mechanical dewatering of solids                          8]

   Solids reduction (including incineration, wet            12

    oxidation)

   On-site landfill for solids                               2

   Solids composting                                        10

   Land application of biosolids by contractor               2

   Land application of biosolids under direction            10

    of facility operator in DRC[ operator                   10]



[   Disinfection: (0-)]DISINFECTION (10 pt. max.)[          10]

   Chlorination or ultraviolet irradiation                   5

   Ozonation                                                10



[   Effluent discharge:]EFFLUENT DISCHARGE ([0-]10 pt. max.)

   Mechanical Post aeration                                  2

   Direct recycle and reuse                                  6

   Land treatment and disposal (surface or subsurface)       4



INSTRUMENTATION ([0-]6 [P]pt. [M]max.)

   Use of SCADA[,]or similar instrumentation systems

    to provide data with no process operation                0

   Use of SCADA[,]or similar instrumentation systems

    to provide data with limited process operation           2

   Use of SCADA[,]or similar instrumentation systems

    to provide data with moderate process operation          4

   Use of SCADA[,]or similar instrumentation systems

    to provide data with extensive/total process operation   6



[   Laboratory Control: ]LABORATORY CONTROL ([0-]15 pt. [M]max)(4)

   Bacteriological/biological ([0-]5 pt. [ M]max)[)]:

    Lab work done outside the plant[]                          0

    Membrane filter procedures[]                               3

    Use of fermentation tubes or any dilution[]                5

     method (fecal coliform determination)

   Chemical/physical ([0-]10 pt. max):

    Lab work done outside the plant[]                          0

    Push-button, visual methods for simple tests[]             3

     (i.e. pH, settleable solids)

    Additional procedures (ie, DO, COD, BOD, gas[]             5

     analysis, titrations, solids volatile

     content)

    More advanced determinations (ie, specific[]               7

     constituents; nutrients, total oils,

     phenols)

    Highly sophisticated instrumentation (i.e., []             10

     atomic absorption, gas chromatography) [1-10]



    (1)  1 point[.] per 10,000 P.E. or part; maximum 

of 10 points

    (2)  1 point[.] per MGD or part

    (3)  Key concept is frequency and/or intensity of 

deviation or excessive variation from normal or typical 

fluctuations; such deviation may be in terms of strength, 

toxicity, shock loads, inflow and infiltration, with point 

values ranging from 0 - 6.

    [(4)  Key concept is the degree of dilution provided under 

low flow conditions with point values ranging from 0 - 6.

    (5)  ](4)  Key concept is to credit laboratory 

analyses done on-site by plant personnel under the direction 

of the operator in direct responsible charge with point

values ranging from 0 - [20]15.

 

R317-10-7. Qualifications for Operator Grades.

A. General

1. "Qualification Points" means total of years of education and experience required. All substitutions are year for year equivalents. A college "year" is considered 45 quarter hours or 30 semester hours of credit.

2. College-level education must be in a job-related field to be credited. However, partial credit may be given for non-job related education at the discretion of the Council.

3. Experience may be substituted for a high school education or a graduate equivalence degree in Grades I and II only.

4. Education may be substituted for experience, as specified below.

B. Grade I - 13 points required

1. [Twelve years education (one point per year)]High school diploma or equivalency (12 points), or highest grade completed (one point per grade, up to 12 points).

2. One year operating experience (one point per year).

3. Experience may be substituted for all or any part of the education requirements, on a one-to-one basis.

4. Education may not be substituted for experience.

C. Grade II - 14 points required

1. [Twelve years education (one point per year)]High school diploma or equivalency (12 points), or highest grade completed (one point per grade, up to 12 points).

2. Two years operating experience (one point per year)

3. Up to one year of additional education may be substituted for an equivalent amount of operating experience.

4. Experience may be substituted for all or any part of the education requirement, on a one-to-one basis.

D. Grade III - 16 points required

1. [Twelve years education (one point per year)]High school diploma or equivalency (12 points), or highest grade completed (one point per grade, up to 12 points).

2. Four years operating experience (one point per year)

3. Up to 2 years of additional education may be substituted for an equivalent amount of operating experience. Relevant and specialized operator training may be substituted for education requirement, where 25 CEUs is equivalent to 1 year of education.

4. At least one year of the operating experience must have been at a Class II facility or higher.

E. Grade IV - 18 points required

1. [Twelve years education (one point per year)]High school diploma or equivalency (12 points), or highest grade completed (one point per grade, up to 12 points)

2. Six years operating experience (one point per year)

3. Up to 2 years of additional education may be substituted for an equivalent amount of operating experience. Relevant and specialized operator training may be substituted for education requirement, where 25 CEUs is equivalent to 1 year of education.

4. At least two years of the operating experience must have been at a Class III facility or higher.

 

R317-10-8. Council.

A. Members of the Council shall be appointed by the Board from recommendations made by interested organizations including the Department of Environmental Quality, Utah League of Cities and Towns, Water Environment Association of Utah, the Professional Wastewater Operators Division of the Water Environment Association of Utah, the Utah Rural Water Association, Utah Valley State College, and the Civil/Environmental Engineering Departments of Utah's universities. The Council shall serve at the discretion of the Board to oversee the certification program.

B. The Council shall consist of eight members as follows:

1. Three members who are operators holding valid certificates. At least one shall be a wastewater collection system operator.

2. One member with three years['] management experience in wastewater treatment and collection, who shall represent municipal wastewater management.

3. One member who is a civil or environmental engineering faculty member of a university in Utah.

4. One non-voting member who is a Senior Environmental Engineer in the Division of Water Quality or other duly designated person who shall represent the Board.

5. One member from the private sector.

6. One member representing vocational training.

C. Voting Council members shall serve as follows:

1. Terms of office shall be for three years with two members retiring each year (except for the third year when three shall retire).

2. Appointments to succeed a Council member who is unable to serve his full term shall be for the remainder of the unexpired term.

3. Council members may be reappointed, but they do not automatically succeed themselves.

D. Each year the Council shall elect from its membership a Chairman and Vice Chairman.

E. The duties of the Council shall include:

1. Preparing and conducting examinations for the various grades of operators, and issuing and distributing the certificates.

2. Regularly reviewing the certification examinations to ensure compatibility between the examinations and operator responsibilities.

3. Ensuring that the certification examinations and training curricula are compatible.

4. Distributing examination applications and notices.

5. Receiving all applications for certification and evaluating the record of applicants as required to establish their qualifications for certification under this rule.

6. Maintaining records of operator qualifications and certification.

7. Preparing an annual report for distribution to the Board and other interested parties.

F. A majority of voting members shall constitute a quorum for the purpose of transacting official Council business.

 

R317-10-9. Application for Examination.

Prior to taking an examination, an applicant must file an application of intention with the Council, accompanied by evidence of qualifications for certification in accordance with the provisions of this rule on application forms available from the Council.

 

R317-10-10. Examination.

A. The time and place of examinations to qualify for a certificate shall be determined by the Council. All examinations shall be graded and the applicant notified of the results. Examination fees shall be charged to cover the costs of testing.

B. Normally, all examinations for certification shall be written. However, upon request an oral examination will be given. Such examination shall be conducted by at least two Council members in a manner that will ensure the integrity of the certification program.

C. In the event an applicant fails an exam, the applicant may request to review the exam within 30 days following receipt of the exam score. The Council shall not review examination questions for the purpose of changing individual examination scores. However, questions may be edited for future examinations. If an error is found in the grading of the exam, credit may be given.

 

R317-10-11. Certificates.

A. All certificates shall indicate one of the following grades for which they are issued.

1. Wastewater [Works]Treatment Operator - Grades I through IV.

2. Restricted Wastewater [Works]Treatment Operator - [Restricted ]Grades I through IV.

3. Wastewater Collection [System ]Operator - Grades I through IV.

4. Restricted Wastewater Collection [System ]Operator - [Restricted ]Grades I through IV.

5. Small Lagoon System Operator - Grade I Wastewater [Works/]Treatment and Collection System Combined.

6. Restricted Small Lagoon System Operator - [Restricted ]Grade I Wastewater [Works/]Treatment and Collection System Combined.

B. An applicant shall have the opportunity to take any grade of examination higher than the classification of the system which he or she operates. A restricted certificate shall be issued if the applicant passes the exam but lacks the experience or education required for a particular grade.

An unrestricted certificate shall be issued if the applicant passes the exam and the experience and education requirements appropriate to the particular grade are met. Restricted certificates shall become unrestricted when the appropriate experience and education requirements are met and a change in status fee is paid. A restricted certificate does not qualify a person as a certified operator at the grade level that the restricted certificate is issued, until the limiting conditions are met, except as provided in R317-10-5. Upon application, a restricted certificate may be renewed subject to the conditions in C below. Replacement certificates may be obtained by payment of a duplicate certificate fee.

C. Certificates shall continue in effect for a period of up to three years unless revoked prior to that time. The certificate must be renewed each three years by payment of a renewal fee and submittal of evidence of required CEUs. The certificates expire on December 31 of the last year of the certificate. Operators considered in DRC must renew by the expiration date in order for the wastewater works to remain in compliance with this rule. Request for renewal shall be made on forms supplied by the Council. It shall be the responsibility of the operator to make application for certificate renewal.

D. An expired certificate may be reinstated within three months after expiration by payment of a reinstatement fee. After three months, an expired certificate cannot be reinstated, and the operator must retest to become certified. The required CEUs for renewal must be accrued before expiration of the certificate.

E. CEUs must be earned during the 3 year period prior to the expiration date of the certificate.

F. The Council may, after appropriate review, waive examination of applicants holding a valid certificate or license issued in compliance with other certification plans having equivalent standards, and issue a comparable Utah certificate upon payment of a reciprocity fee.

If the applicant is working in another state at the time of application, or has relocated to Utah but has not yet obtained employment in the wastewater field in Utah, a letter of intent to issue a certificate by reciprocity may be provided. When the applicant provides proof of employment in the wastewater field in Utah, and meets all other requirements, a certificate may be issued.

G. A grandfather certificate shall be issued, upon application and payment of an administrative fee, to qualified operators who must be certified (chief operators, supervisors, or anyone considered in direct responsible charge). The certificate shall be valid only for the wastewater works at which the operator is employed as that facility existed on March 16, 1991. Operators must obtain initial certification on or before March 16, 1994. The certificate may not be transferred to another facility or person. If the facility undergoes an addition of a new process, even if the facility classification does not change, or the collection system has a change in rating, the respective operator must obtain a restricted or unrestricted certificate within one year as specified in this rule.

[ ]Grandfather certificates shall be issued for a period of up to three years and must be renewed prior to the expiration date to remain in effect. Renewal shall include the payment of a renewal fee and submittal of evidence of required CEUs. The renewal fee shall be the same as that charged for renewal of other certificates. If the grandfather certificate is not renewed prior to the expiration date, the wastewater works may be considered to be out of compliance with this rule. The operator would then be required to pass the appropriate certification examination to become a certified operator.

The grandfather certificate shall be issued if the currently employed operator:

1. Was a chief operator or person in direct responsible charge of the wastewater works on March 16, 1991; and

2. Had been employed at least ten years in the operation of the wastewater works prior to March 16, 1991; and

3. Demonstrates to the Council his capability to operate the wastewater works at which he is employed by providing employment history and references.

 

R317-10-12. CEUs and Approved Training.

A. CEUs shall be required for renewal of each certificate according to the following schedule:

 

TABLE 3
REQUIRED CEUs FOR RENEWAL OF EACH CERTIFICATE

                                     CEUs REQUIRED IN

       OPERATOR GRADE                 A 3-YEAR PERIOD

          Grade I                             2

          Grade II                            2

          Grade III                           3

          Grade IV                            3

 

B. All CEUs for certificate renewal shall be subject to review for approval to ensure that the training is applicable to wastewater works operation and meets CEU criteria. Identification of approved training, appropriate CEU or credit assignment and verification of successful completion is the responsibility of the Council. Training records shall be maintained by the Council.

C. All in-house or in-plant training which is intended to meet any part of the CEU requirements must be approved by the Council. In-house or in-plant training must meet the following general criteria to be approved:

1. Instruction must be under the supervision of an instructor approved by the Council.

2. An outline must be included with all submittals listing subjects to be covered and the time allotted to each subject.

3. A list of the teacher's objectives must be submitted which documents the essential points of the instruction ("need-to-know" information) and the methods used to illustrate these principles.

[4]D. No more than one-half of required CEU credits, over a three[]-year period prior to the expiration date[following issuance] of a certificate, shall be given for registration and attendance at the annual technical program meetings of the Water Environment Association of Utah, the Water Environment Federation, Rural Water Association of Utah, or similar organizations.

[5]E. Training must be related to the responsibilities of a wastewater works operator. If a person holds [two]multiple wastewater operator certificates (treatment and collection), CEU credit may be received for each certificate from one training experience only if the training is applicable to each certificate. It is recommended that at least one-half of the required CEUs be technical training directly related to the job duties.

 

R317-10-13. Recommendations of the Council.

A. Initial recommendations. All decisions of the Council shall be in the form of recommendations for action by the Executive Secretary. The Council shall notify an applicant of any initial recommendation. Any such applicant may, within 30 days of the date the Council's notice was mailed, request reconsideration and an informal hearing before the Council by writing to: Wastewater Operator Certification Council, Division of Water Quality, Department of Environmental Quality, State of Utah, Salt Lake City, Utah 84114-4870. The Council shall notify the person of the time and location for the informal hearing.

B. Following the informal hearing, or the expiration of the period for requesting reconsideration, the Council shall notify the Executive Secretary of its final recommendation.

C. A challenge to the Executive Secretary's determination regarding Certification may be made as provided in R317-9-3.

 

R317-10-14. Certificate Suspension and Revocation Procedures.

A. Grounds for suspending or revoking an operator's certificate may be any of the following:

1. Demonstrated disregard for the public health and safety;

2. Misrepresentation or falsification of figures and/or reports submitted to the State;

3. Cheating on a certification exam;

4. Falsely obtaining or altering a certificate; or

5. Gross negligence, incompetence or misconduct in the performance of duties as an operator.

B. Suspension or revocation may result where it may be shown that circumstances and events relative to the operation of the wastewater works were under the operator's jurisdiction and control. Circumstances beyond the control of an operator shall not be grounds for suspension or revocation action.

C. The Council may make recommendations to the Executive Secretary regarding the suspension or revocation of a certificate. Prior to making any such recommendation, the Council shall inform the individual in writing of the reasons the Council is considering such a recommendation. The Council shall allow the individual an opportunity for an informal hearing before the Council. Any request for an informal hearing shall be made within 30 days of the date the Council's notification is mailed.

D. Following an informal hearing, or the expiration of the period for requesting a hearing, the Council shall notify the Executive Secretary of its final recommendation.

E. A challenge to the Executive Secretary's determination may be made as provided in R317-9-3.

 

R317-10-15. Noncompliance.

A. Noncompliance with these Certification rules is a violation of Section 19-5-115 Utah Code Annotated.

B. The Council shall refer cases of noncompliance with this rule to the Executive Secretary.

 

KEY: water pollution, operator certification, wastewater treatment

[January 30, 2003]2004

Notice of Continuation October 7, 2002

19-5