DAR File No. 39105

Environmental Quality, Water Quality

Section R317-10-8

Utah Wastewater Operator Certification Council

Notice of Proposed Rule

(Amendment)

DAR File No.: 39105
Filed: 02/02/2015 04:04:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following the last amendment, it was discovered that once the actual changes in the marked text were incorporated, the composition of the membership of the council was not consistent with the number of members. This amendment allows the representation by the council members to be consistent with the total number of voting members previously established, and also meet the intent of the previous amendment.

Summary of the rule or change:

Beginning in Subsection R317-10-8(A)(2)(a), the three defined positions representing educational institution, certified wastewater operators in the private sector, and vocational training, are changed to be "two members who are at large and may represent" those same three areas. This will allow more flexibility and are suggestions on areas that should be represented, but does not require all three to be represented at the same time. The language concerning attendance at meetings by division staff was separated from the composition of the council to more clearly show that they are not voting council members. The numbering for the subsequent subsections was adjusted accordingly.

State statutory or constitutional authorization for this rule:

• Title 19, Chapter 5

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget due to this change. The changes are to clarify the language about the composition of the Wastewater Operator Certification Council, and do not introduce or remove any responsibilities or fees. There are still seven voting members of the council who receive no compensation from the state budget.

local governments:

There are no anticipated costs or savings to the local budget due to this change. The changes are to clarify the language about the composition of the Wastewater Operator Certification Council, and do not introduce or remove any responsibilities or fees. There are still seven voting members of the council who serve on a voluntary basis. Some members are employees of local governments and may be paid for their time by those entities as they perform their voluntary duties on the council.

small businesses:

There are no anticipated costs or savings to small businesses due to this change. The changes are to clarify the language about the composition of the Wastewater Operator Certification Council, and do not introduce or remove any responsibilities or fees. There are still seven voting members of the council who serve on a voluntary basis. Some members may represent small business as a wastewater operator and may, or may not, be paid for their time by those entities as they perform their voluntary duties on the council.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities since they are not generally involved in the wastewater industry or the composition of the certification council.

Compliance costs for affected persons:

There are no compliance costs associated with this amendment. It only redefines the composition of the membership of the council and has no compliance aspects to it.

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

This amendment is to clean up the language of the rule concerning the certification council and should have no impact on businesses. The certification of wastewater operators is only required for publicly owned wastewater works and very few businesses have voluntary certification of their operators. There is the possibility that one of the members may be from the private sector, but with this change it will not be required as it was previously.

Amanda Smith, 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 QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [email protected]

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:

03/17/2015

This rule may become effective on:

03/24/2015

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-10. Certification of Wastewater Works Operators.

R317-10-8. Utah Wastewater Operator Certification Council.

A. Membership.

1. Members of the council shall be appointed by the board.

a. Recommendations for appointments may be made by interested individuals or organizations, including the Department of Environmental Quality, Utah League of Cities and Towns, Water Environment Association of Utah, the Rural Water Association of Utah, and the Civil and Environmental Engineering Departments of universities in Utah.

b. The council shall serve at the discretion of the board to oversee the certification program in an advisory capacity to the director as provided in this rule.

2. The council shall consist of seven voting members and should include representation from interest groups as follows:

a. four members who are operators holding valid certificates, with at least two members being wastewater collection system operator s and two members being wastewater treatment system operators;

b. one member with at least three years of management experience in either wastewater treatment, collection, or both, who represents municipal wastewater management;

c. [one]two members who [is]are at large and may represent :

(1)  an educational institution in Utah;

[d.](2)  [one member from ]those who are currently certified as wastewater operators in the private sector[who is currently certified as a wastewater operator]; or

[e.](3)  [one member representing ]vocational training.[; and]

[f]3. [a]At least two non-voting division staff [members ]should be in attendance at any council meeting.

[3]4. Voting council members shall serve as follows:

a. terms of office shall be for three years with two members retiring each year, except for the third year when three shall retire;

b. any member who does not attend at least 50 percent of the meetings during a year of service may be replaced at the discretion of the board;

c. appointments to succeed a council member who is unable to serve his full term shall be for the remainder of the unexpired term; and

d. council members may be reappointed, but they do not automatically succeed themselves.

[4]5. A majority of voting members shall constitute a quorum for the purpose of transacting council business.

[5]6. Each year the Council shall elect from its membership a Chair and Vice Chair.

B. Duties of the council shall include:

1. evaluating examinations to ensure compatibility with operator responsibilities, accuracy of content, and composition of individual exam databank items;

2. evaluating certification applications, as requested by the director, and making recommendations for approval or disapproval;

3. assisting in administering examinations at various locations;

4. providing a forum for ongoing evaluation of the certification program and recommending changes to the director;

5. providing advice and recommendations for CEU approval; and

6. preparing an annual report of certification program activities for distribution to the board and other interested parties.

 

KEY: water pollution, operator certification, wastewater treatment, renewals

Date of Enactment or Last Substantive Amendment: [August 27, 2014]2015

Notice of Continuation: July 11, 2012

Authorizing, and Implemented or Interpreted Law: 19-5