DAR File No. 38531

Environmental Quality, Water Quality

Rule R317-10

Certification of Wastewater Works Operators

Notice of Proposed Rule

(Amendment)

DAR File No.: 38531
Filed: 05/15/2014 09:10:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As a result of S.B. 21 passed in the 2012 General Legislative Session which instituted changes in the duties and responsibilities of the Water Quality Board and the director of the Division of Water Quality, Rule R317-10 was subjected to intense review by the Office of the Attorney General for compliance with this bill. This amendment contains changes to the program in response to the legislative changes and others proposed by a workgroup, which included the members of the Wastewater Operator Certification Council and several other individuals from the wastewater community, who were invited to participate as stakeholders. The Water Quality Board is responsible for establishing the rules for certification of the wastewater works operators and this rule establishes the Wastewater Operator Certification Council as an advisory council to the director in that certification program and redefines the specific duties of the council, director, and division staff.

Summary of the rule or change:

The following changes: 1) change language to reflect the transfer of responsibility for administration of the certification program from the executive secretary of the Water Quality Board to the director of the Division of Water Quality; 2) remove numbering of definitions in coordination with the recent proposed changes to Rule R317-1; 3) revise the membership of the council to better represent those actively involved in the certification program; 4) remove the definition for "Executive Secretary" and replaced it with the definition for "Director"; 5) change subsection numbering and organization to improve organization and expression of the concepts; 6) correct punctuation, capitalization, and references to better comply with Division of Administrative Rules guidelines; 7) add language to include the addition of the requirement of S.B. 81 from 2012 General Legislative Session regarding citizenship or alien identification certification; 8) The "Wastewater Operator Certification Council" is established by the board in an advisory capacity to the director, and the specific duties have been redefined; 9) remove the verbiage specifically offering "oral exams." If ADA accommodations are requested, the applicant would follow established procedures for the specific accommodation; 10) due to the need for tighter security for exams and the demands on staff, the window for requesting exam reviews has been narrowed to ten days after receiving the exam scores; 11) the section about grandfather certificates has been altered to clarify the conditions that allow for maintaining the existing certificates, and include the current requirements for renewal; 12) details of duties that are performed by the division staff, and not the council, have been removed; 13) Section R317-10-13 is redefined to reflect recent legislative changes that now govern challenges to the director's decisions; 14) Section R317-10-14 is modified to describe the process for suspending or revoking a certification under the authority of the director, including correction of the regulating rule reference; 15) change term "gross negligence" to "significant negligence" at the advice of counsel.

State statutory or constitutional authorization for this rule:

• Title 19, Chapter 5

Anticipated cost or savings to:

the state budget:

No cost or savings to the state is expected to result from this rule change since most changes are on paper and do not impact the actual operation of the Wastewater Operator Certification Program. All council members serve on a voluntary basis and receive no monetary compensation for attendance, or travel to meetings. Since council meetings have been held on an "as needed basis," there is no regular schedule for meetings, and this is not expected to change.

local governments:

No cost or savings to local governments are expected due to these changes. The requirements that the local governments need to meet are not affected by these changes. They will still have the same reporting requirements and will still need to have certified operators in charge of the wastewater treatment and collection systems as defined in the rule.

small businesses:

No cost or savings to small businesses are expected as these rules apply to political subdivisions of the state and any businesses that wish to have certified operators are doing so on a voluntary basis.

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

The changes proposed will only affect other individuals or entities who wish to participate on a voluntary basis. No costs for participation in this program are affected and all fees are established through the regularly established channels.

Compliance costs for affected persons:

These changes do not affect the compliance costs for the affected persons since the changes will only be noticed within the Division of Water Quality as the titles of signatures change and the responsibility for administering the certification program remains with the division.

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

The changes proposed in this amendment should have no fiscal impact on businesses, since this particular certification requirement is only for municipalities, and not for businesses unless they voluntarily participate.

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 jetherington@utah.gov

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:

07/01/2014

This rule may become effective on:

07/08/2014

Authorized by:

Walter Baker, Director

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.

A.  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 Section R317-1-1. This includes both wastewater collection systems and wastewater treatment systems except underground wastewater disposal systems.

B.  Wastewater works operated by political subdivisions must employ certified operators as required in this rule.

C.  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 [C]certification [P]program for [W]wastewater [W]works [O]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, such as [(]collection or wastewater treatment[)].

[C.]"Certificate" means a certificate issued by the director, with recommendation from the [C]council, stating that the recipient has met the minimum requirements for the specified operator category and 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, as established in Section R317-10-8.

[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 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]Director" means the [Executive Secretary]Director of the Division of 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 Subsection R317-10-11.[G]H 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.]BOD 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 Class I wastewater lagoon treatment system with attached collection system serving fewer than 3 ,500 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.

1.  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]Subsection R317-10-5.

2. All facilities must have an operator certified at the facility level on duty or on call.

3.  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 the date of the notification by the division of the new rating.

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

C. For newly constructed wastewater works, an appropriately 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.

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.

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]director.

3. If there is a 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]a clear description of the overall duties and responsibilities of the facility owner, and the responsibilities of [the]any 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. [I]identification of the contract period and effective date of the contract;

c. [C]consideration;

d. [T]termination clause; and

e. [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       Pop.      3,500[ and less]
Lagoon      Equiv.     and
Systems(3)  Served     less

     (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[/] and collection system operation.

 

 

. . . . . . .

 

R317-10-7. Qualifications for Operator Grades.

A. General

1. "Qualification Points" means the accumulated points earned through[total of years of] education and experience required to obtain a certification without restriction. Points allocated for relevant education and experience must meet the minimum requirements for each grade. 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 director with the recommendation of the [C]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]for each grade.

B. Grade I - minimum 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 of 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 - minimum 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 of 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 - minimum 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 of operating experience (one point per year).

3. Up to [2]two years of additional education may be substituted for an equivalent amount of operating experience.

4.  Relevant and specialized operator training may be substituted for education requirement, where 25 CEUs is equivalent to [1]one year of education.

E. Grade IV - minimum 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 of operating experience (one point per year).

3. Up to [2]two years of additional education may be substituted for an equivalent amount of operating experience.

4.  Relevant and specialized operator training may be substituted for education requirement, where 25 CEUs is equivalent to [1]one year of education.

F. An applicant is also required to meet the requirements of Section 63G-12-104 regarding citizenship or alien identification certification.

 

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

A. Membership.

1.  Members of the [C]council shall be appointed by the [B]board.

a. [from r]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 Professional Wastewater Operators Division of the Water Environment Association of Utah,]the [Utah ]Rural Water Association of Utah,[ Utah Valley State College,] and the Civil[/]and Environmental Engineering Departments of[ Utah's] universities in Utah.

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

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

[1]a. [Three]four members who are operators holding valid certificates[. A], with at least [one]two members [shall] being[ a] wastewater collection system operator[.] and two members being wastewater treatment system operators;

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

[3]c. [O]one member who is at large and may represent an educational institution[ civil or environmental engineering faculty member of a university] in Utah[.];

[4]d. [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. O]one member from the private sector who is currently certified as a wastewater operator;[.]

[6]e. [O]one member representing vocational training[.]; and

f. at least two non-voting division staff members should be in attendance at any council meeting.

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

[1]a. [T]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;

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

[3]d. [C]council members may be reappointed, but they do not automatically succeed themselves.

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

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

[E]B. [The d]Duties of the [C]council shall include:

1. evaluating examinations to ensure compatibility with operator responsibilities, accuracy of content, and composition of individual exam databank items;[Preparing and conducting examinations for the various grades of operators, and issuing and distributing the certificates.]

2. evaluating certification applications, as requested by the director, and making recommendations for approval or disapproval;[Regularly reviewing the certification examinations to ensure compatibility between the examinations and operator responsibilities.]

3. assisting in administering examinations at various locations;[Ensuring that the certification examinations and training curricula are compatible.]

4. providing a forum for ongoing evaluation of the certification program and recommending changes to the director;[Distributing examination applications and notices.]

5. providing advice and recommendations for CEU approval; and[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. P]preparing an annual report of certification program activities for distribution to the [B]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.

A. Prior to taking an examination, an applicant must file an application of intention with the director using an approved form[Council], accompanied by:

1. evidence of qualifications for certification in accordance with the provisions of [this rule on application forms available from the Council]Section R317-10-11;

2. the appropriate fee; and

3. documentation that requirements for certification of citizenship or alien residency are met.

B. Approved forms are available on the internet at www.waterquality.utah.gov.

 

R317-10-10. Examination.

A. The time and place of examinations to qualify for a certificate shall be determined by the director upon recommendation of the [C]council.

B. All examinations shall be [graded]scored and the applicant notified of the results.

C. Examination fees shall be charged according to the approved division fee schedule 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. Those persons assisting the Council member must be approved by the Council.]D. All exams shall be administered in a manner that will ensure the integrity of the certification program.

[C]E. In the event an applicant fails an exam, the applicant may request to review the exam within [30]ten days following receipt of the exam score.

F. The [C]council shall not review examination questions for the purpose of changing individual examination scores.

1. However, recommendations may be made to improve individual questions [may be edited]in the databank for future examinations.

2. If an error is found in the grading of the exam, credit may be given.

 

R317-10-11. Certificates.

A. [All c]Certificates are issued by the director and shall indicate one of the following classifications:[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. General.

1. An applicant shall have the opportunity to take any grade of examination.

2. Replacement certificates may be obtained by submitting a written request with payment of a duplicate certificate fee.

c. Restricted and Unrestricted Certificates.

1. A restricted certificate shall be issued if the applicant passes the exam but review of the application form indicates that the applicant lacks the experience or education required for [a]that particular [grade]classification.

2. 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.

3. Restricted certificates shall become unrestricted when an application is submitted to the division showing that the appropriate experience and education requirements are met and a change in status fee is paid.

4. A restricted certificate does not qualify a person as a certified operator [at the grade level]for the classification that the restricted certificate is issued, until the limiting conditions are met, except as provided in Section R317-10-5.

5. Upon application, a restricted certificate may be renewed subject to the conditions in [C below]Subsection R317-10-11.D.

D. [Replacement certificates may be obtained by payment of a duplicate certificate fee]Certificate Expiration and Renewal.

[C. C]1. Each certificate[s] shall continue in effect for a period of up to three years, unless revoked prior to that time.

2. The certificate must be renewed each three years by payment of a renewal fee and submittal of evidence of required CEUs.

3. The certificate[s] expires on December 31 of the last year of the certificate.

4. Operators considered in DRC must renew by the expiration date in order for the wastewater works to remain in compliance with this rule.

5. Request for renewal shall be made on forms [supplied by the Council]approved by the division.

6. It shall be the responsibility of the operator to make application for certificate renewal.

[D]E. Reinstatement of Expired Certificate.

1. An expired certificate may be reinstated within one year after expiration by payment of a reinstatement fee with the renewal application when other renewal requirements are also met.

2. After one year, an expired certificate cannot be reinstated, and the operator must retest to become certified.

3. The required CEUs for renewal must be accrued before expiration of the certificate.

4. When unusual circumstances exist, an operator may petition the [C]council to request additional time to meet the requirements.

5.  Each petition for exception will be considered on its own merits and recommendation made to the director.

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

[F]G. The [Council]director may, after appropriate review by the council, 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.

1.  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 corresponding wastewater field in Utah, a letter of intent to issue a certificate by reciprocity may be provided.

2.  When the applicant provides proof of employment in th[e]at wastewater field in Utah, and meets all other requirements, a certificate may be issued.

[G]H. In the past, certain individuals received a grandfather certificate.

1. A grandfather certificate [shall be]was originally issued under authority of Subsection 19-5-104(2)(b)(v)[, 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]were issued for a period of up to three years and must be renewed prior to the expiration date to remain in effect.

2. Renewal shall include:

a. the payment of a renewal fee;

b. [and ]submittal of an application form;

c. evidence of required CEUs; and

d. the applicant must meet the requirements of Section 63G-12-104 regarding citizenship or alien identification certification.

3.  The renewal fee shall be the same as that charged for renewal of other wastewater operator certificates.

4.  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:

 

. . . . . . .

 

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. The council shall review training documentation and recommend appropriate CEU or credit assignment to the director for approval[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.

D. No more than one-half of required CEU credits, over a three-year period prior to the expiration date 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].

D[ E. Training must be related to the responsibilities of a wastewater works operator]. If a person holds multiple categories of wastewater operator certificates, such as [(]treatment and collection[)], CEU credit may be received for each certificate from one training experience [only]if the training is applicable to each [certificate]category.[  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.

1.  All decisions of the [C]council shall be in the form of recommendations for action by the [Executive Secretary]director.

2.  The [C]council shall notify an applicant of any initial recommendation.

3.  Any such applicant may, within 30 days of the date the [C]council's notice was mailed, request reconsideration and an informal hearing before the [C]council by writing to: Wastewater Operator Certification Council, Division of Water Quality, [Department of Environmental Quality, State of Utah,]P.O. Box 144870, Salt Lake City, Utah 84114-4870.

4.  The [C]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 [C]council shall notify the [Executive Secretary]director of its final recommendation.

C. A challenge to the [Executive Secretary]director's determination regarding [C]wastewater operator certification may be made as provided in Rule R305-7[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. [D]demonstrated disregard for the public health and safety;

2. [M]misrepresentation or falsification of figures,[and/or] reports, or both, submitted to the State;

3. [C]cheating on a certification exam;

4. [F]falsely obtaining or altering a certificate; or

5. [Gross]significant 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 [C]council may make recommendations to the [Executive Secretary]director regarding the suspension or revocation of a certificate.

1.  Prior to making any such recommendation, the [C]council shall inform the individual in writing of the reasons the [C]council is considering such a recommendation.

2.  The [C]council shall [allow the individual]provide an opportunity for an informal hearing [before the Council. Any request for an informal hearing shall be made]if requested by the certificate holder in writing within 30 days [of]after the date [the Council's notification is mailed]of the notice.

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]director shall make a final determination, after taking into consideration the final recommendation of the council.

E. A challenge to the [Executive Secretary]director's determination may be made as provided in [R317-9-3]Rule R305-7.

 

R317-10-15. Noncompliance.

[A.  ]Noncompliance with these [C]certification rules is a violation [of]under Section 19-5-115 and may be subject to enforcement by the director[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, renewals

Date of Enactment or Last Substantive Amendment: [October 26, 2011]2014

Notice of Continuation: July 11, 2012

Authorizing, and Implemented or Interpreted Law: 19-5