No. 30381 (Amendment): R317-10. Certification of Wastewater Works Operators

DAR File No.: 30381
Filed: 08/30/2007, 04:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the requirements and procedures used by the wastewater operator certification program and bring rules into harmony with actual practices of the Division.

Summary of the rule or change:

The changes are: 1) grammatical or typographical corrections; 2) Grade III and Grade IV operators will no longer be required to have a minimum amount of work experience at a facility rated at least one grade lower than the certificate classification in order to qualify for an "unrestricted" certificate; 3) change the rule to require that oral examinations only be administered by two Council members to allow someone else approved by the Council to assist a Council member; 4) clarify that an applicant may take any grade of wastewater examination -- not just exams "higher than the classification of the system..."; and 5) adjust language for the Small Lagoon System classification to conform with the actual practice of determining the classification of a lagoon system by using "population equivalent served" rather than "design population equivalent".

State statutory or constitutional authorization for this rule:

Sections 19-5-105 and 19-5-104

Anticipated cost or savings to:

the state budget:

Increase of $10 per application for additional requests for Change in Status that would previously not have been possible due to the experience requirement. Decrease of $10 per renewal application when the individual is not required to maintain the lower certification. Actual overall change will probably be a slight increase in revenue. However, some staff time may be used to assist in administering oral exams.

local governments:

Local government will save the cost of hiring more experienced operators initially. Communities with lagoon systems designed for higher populations will not be required to have operators at the higher certification levels until they actually are serving the higher population. This savings is dependent upon the actual salaries paid and whether the communities pay for the cost of the exams and renewals.

small businesses and persons other than businesses:

Individual operators could save the cost of the renewal fees (currently $10 per certificate) for the second certificate since they will not be required to maintain multiple certificates for the same classification. Members of the Certification Council will be able to minimize the time away from their regular employment in order to administer the oral exams.

Compliance costs for affected persons:

Costs will essentially be the same as they currently are. Some individuals will be able to postpone taking higher exams (currently $35 per exam) and others who were unable to qualify before will be able to obtain unrestricted certificates.

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 except where they voluntarily participate in certification of wastewater operators. Rick Sprott, Executive Director

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:

10/15/2007

This rule may become effective on:

10/22/2007

Authorized by:

Walter Baker, Director

RULE TEXT

R317. Environmental Quality, Water Quality.

R317-10. Certification of Wastewater Works Operators.

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, 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]affect 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]serving fewer than 3500 [design ]population equivalent.

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

 

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]Pop.      3,500 and less

Lagoon      [Pop.]Equiv.

Systems(3)  [Equiv.]Served



    (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 (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

  Acceptance of septage or truck-hauled waste               2



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 film reactor                                       10

  Activated sludge                                         15

  Stabilization ponds w/o aeration                          5

  Stabilization ponds w/aeration                            8



TERTIARY TREATMENT

  Polishing ponds 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 and other               15

   membrane filtration techniques

  Advanced waste treatment chemical recovery, carbon        4

   regeneration

  Media Filtration                                          5



ADDITIONAL TREATMENT PROCESSES

  Chemical additions (2 pts./each for max. 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

  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



  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



DISINFECTION (10 pt. max.)

  Chlorination or ultraviolet irradiation                   5

  Ozonation                                                10



EFFLUENT DISCHARGE (10 pt. max.)

  Mechanical Post aeration                                  2

  Direct recycle and reuse                                  6

  Land treatment and disposal (surface or subsurface)       4



INSTRUMENTATION (6 pt. 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 (15 pt. max)(4)

  Bacteriological/biological (5 pt. max):

   Lab work done outside the plant                          0

   Membrane filter procedures                               3

   Use of fermentation tubes or any dilution                5

    method (or E. coli determination)

  Chemical/physical (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)  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 ofdeviation

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 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 - 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. 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. 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. 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. 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.

]

R317-10-10. 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 people, at least one of whom is a Council member[s]. Those persons assisting the Council member must be approved by the Council. All exams shall be administered 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 Treatment Operator - Grades I through IV.

2. Restricted Wastewater Treatment Operator - Grades I through IV.

3. Wastewater Collection Operator - Grades I through IV.

4. Restricted Wastewater Collection Operator - Grades I through IV.

5. Small Lagoon System Operator - Grade I Wastewater Treatment and Collection System Combined.

6. Restricted Small Lagoon System Operator - Grade I Wastewater 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.

 

KEY: water pollution, operator certification, wastewater treatment

Date of Enactment or Last Substantive Amendment: [April 20, 2005]2007

Notice of Continuation: October 7, 2002

Authorizing, and Implemented or Interpreted Law: 19-5