PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[ 25 PA. CODE CHS. 301, 302, 303 AND 305 ]
Administration of the Water and Wastewater Systems Operators' Certification Program
[39 Pa.B. 3591]
[Saturday, July 11, 2009]The Environmental Quality Board (Board) proposes to rescind Chapters 301, 303 and 305 (relating to general provisions; certification of operators; and plant requirements) and create a new Chapter 302 (relating to administration of the water and wastewater systems operations' certification program). These regulations describe the process the State Board for Certification of Water and Wastewater System Operators (Certification Board) will follow to administer the program and identify the duties and responsibilities of the Department of Environmental Protection (Department) and the operators and owners of this Commonwealth's drinking water and wastewater treatment systems. These regulations also establish standards for operator certification, recertification, certification renewal and security training; define the certification renewal period and requirements for certification renewal; establish appropriate fees; and define classifications and subclassifications for certification.
This proposal was adopted by the Board at its meeting of April 21, 2009.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Veronica Kasi, Chief, Division of Technical and Financial Assistance, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4053 or Marc Roda, Attorney, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department's web site at www.depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4(c) of the Water and Wastewater Systems Operators' Certification Act (63 P. S. § 1004(c)) (act), which directs the adoption of rules and regulations necessary to implement the act.
D. Background and Purpose
This proposed rulemaking describes the policies and procedures the Certification Board will follow to implement their responsibilities and duties under the act. This includes the procedures to be followed by applicants to become certified for the first time, to renew their certification, and to apply for reciprocity based on certification received from another state. The regulations also describe the procedure the Certification Board will follow for the review of all applications for certification, including the review of criminal history records. The regulations also define requirements for the suspension or revocation of an operator's certification, upon petition by the Department and for the review of Department decisions related to operator training programs and courses.
The proposed rulemaking also establishes the standards and requirements for operators of water and wastewater systems to become certified and maintain their certification. It also establishes the duties and responsibilities of operators and owners related to the operation of a community or nontransient noncommunity water system, water distribution system, wastewater treatment system treating more than 2,000 gallons per day (gpd) and a satellite wastewater collection system with a pump station. The role and responsibilities of the Department and the procedures it must follow to implement these duties are also defined. Finally, the procedure for establishing fees for program administration is established.
The proposed rulemaking ensures that Pennsylvania's Operator Certification Program continues to meet the new Federal requirements established in the 1996 Amendments to the Federal Safe Drinking Water Act (SDWA) for all State drinking water programs. This proposed rulemaking is more stringent than the Federal guidelines in one area. The Federal guidelines apply only to drinking water system operators; this proposed rulemaking also applies to wastewater system operators. The decision to include wastewater system operators in the new requirements was made early in the process by the Certification Board and the Department after significant public input. This was done to improve program consistency and implementation.
The Department and the Certification Board worked very closely with the Small Systems Technical Assistance Center for Small Systems (TAC) and the Certification Program Advisory Committee (CPAC) to draft Chapter 302. All elements of the overall structure of the Operator Certification Program were discussed in-depth with the respective committees. This resulted in consensus on the essential requirements and standards for certification and the roles and responsibilities of operators and system owners.
E. Summary of Regulatory Requirements
The proposed rulemaking rescinds Chapters 301, 303 and 305 and replaces them with new language in Chapter 302. It also establishes the administrative requirements for:
* Conducting the Certification Board administrative hearings.
* Processing certification, certification renewal and recertification applications.
* Administering certification examinations.
* Reviewing and acting on an operator's criminal history records.
This proposed rulemaking ensures that Pennsylvania's Operator Certification Program meets the new Federal requirements established in the 1996 Amendments to the SDWA for all State drinking water programs. This proposed rulemaking is more stringent than the Federal guidelines in one area. The Federal guidelines apply only to drinking water system operators; this proposed rulemaking also applies to wastewater system operators. The decision to include wastewater system operators in the new requirements was made early in the process by the Certification Board and the Department after significant public input. This was done to improve program consistency and implementation. Consistent with these Federal guidelines, this proposed rulemaking defines the:
* Classification and subclassification method for approximately 10,000 system operators and their treatment systems.
* Minimum education, experience and examination requirements for all operators to become certified.
* Requirements and conditions that must be met to maintain certification.
* Duties and responsibilities of operators and owners related to the operation of a community or nontransient noncommunity water system, water distribution system, wastewater treatment system treating more than 2,000 gpd, and a satellite wastewater collection system with a pump station.
To support the administration of the Operator Certification Program, the proposed rulemaking includes fees for system owners, training providers, approved examination providers and operators. The Department developed the new fee structure with input from TAC, CPAC, the Certification Board and individual stakeholders. A major focus of the discussions that was incorporated into the structure was the necessity for all entities to pay a fair share of the program costs. The comments received from these meetings were provided to the Board, as well as written comments submitted by the Pennsylvania Rural Water Association and the Eastern Pennsylvania Water Pollution Control Operators Association. The final proposed fee structure is summarized in Table 1.
Table 1. Summary of Fees
Fee Entity Paying Fee Amount Training Provider Approval Training Provider $90 Full Course Approval Training Provider $300 Brief Course Approval Training Provider $115 Conference Approval Training Provider $70 Course Rosters (fee per name) Training Provider $1 10 or more examination sessions per year Approved Examination Provider $800 5 to 10 examination sessions per year Approved Examination Provider $700 2 to 5 examination sessions per year Approved Examination Provider $600 1 examination session per year Approved Examination Provider $400 New License (3 yr) Operator $150 License Renewals (3 yr) Operator $60 Exam Session (per 4 hrs) Operator $35 Postpresentation Credit Application Fee Operator $250 Annual Service Fee Class A Systems (> 5 mgd) $500 Class B Systems (1 to 5 mgd) $150 Class C Systems (100,000 gpd to 1 mgd) $100 Class D Systems (< 100,000 gpd) $ 65 Class E Systems $ 65 Department Classroom Courses Course attendees $10 per hour Department Web-based Courses Course attendees $30 per hour Department Onsite Training Systems asking for the training $1,600 per course
Note: To insure no person is covering a large percentage of the total costs, a maximum fee of $10,000 is proposed. This fee structure results in 37% of the program costs covered by operators, 53% by systems and 10% by the training and examination providers.
The Board is specifically seeking public comment on one aspect of the Operator Certification Program, relating to reciprocity. The Board is proposing to grant reciprocity for only the Part 1 General Examination to operators certified in other states. This would require any certified operator from another state to take the treatment technology specific examinations before being granted certification in this Commonwealth.
F. Benefits, Costs and Compliance
Benefits
The intended results of these regulations are to protect the environment, ensure the public's health and safety and promote the long-term sustainability of this Commonwealth's drinking water and wastewater treatment systems by ensuring that certified operators with the appropriate knowledge, skills and abilities are available to make the necessary process control decisions. Therefore, the biggest beneficiary of these regulations is the general public.
The classification and subclassification frame work more accurately reflects what the operator needs to understand to operate a system effectively and successfully. This frame work was developed in partnership with representatives of the regulated community to meet their needs. In addition, in some instances, once certified, many operators will receive an increase in pay. Finally, the system owners may also benefit from cost savings realized through more effective and efficient operation of their water or wastewater system.
Implementation of these regulations will ensure continued approval of Pennsylvania's Operator Certification Program by the Environmental Protection Agency (EPA). This approval is reviewed on an annual basis. If the EPA chooses not to approve the program, the State stands to lose approximately $5.8 million per year in Federal funding for the State Revolving Loan Fund, administered by the Pennsylvania Infrastructure Investment Authority.
Compliance Costs
Individuals responsible for making process control decisions at a drinking water or wastewater treatment system in this Commonwealth must be appropriately certified for that system. A process control decision is any decision that changes or maintains water quality or water quantity to protect public health or the environment. Owners of a drinking water community or nontransient noncommunity water system, drinking water distribution system, wastewater treatment system treating more than 2,000 gpd or a satellite wastewater collection system with a pump station must designate at least one certified operator to make all the process control decisions for the system.
The estimated costs to the operator to comply with provisions of these regulations are summarized in Table 2.
Table 2. Estimated Costs to the Operator
Requirement Cost Description / Comments Initial certification $150 Paid to the Department, this fee is incurred when a person submits an application to become a certified operator. This certification is valid for 3 years. Certification Renewal $60 Paid to the Department, this cost is incurred once every 3 years after the initial certification period. Examination fee:
for both initial certification and certain upgrades to license$35 per examination session Paid to the Department. Operators are allowed to take as many examinations as they think they can complete in 4 hours. Most operators are able to complete the necessary examinations needed for the more common treatment systems within one or two sessions. Examination Provider Registration fee Varies Paid to the Approved Examination Provider. These fees are not established by the Department, however, we recommend less than $100. Fees are designed to allow the Approved Examination Provider the ability to recover incurred costs. Criminal History Record $10 One time fee charged by the Pennsylvania State Police. Continuing Education $240--$900 Paid to one of the Department's Approved Training Providers. Depends on number of hours needed and average cost per hour for training
These regulations propose to charge an annual service fee for system owners, based on the amount of flow the system is permitted to treat. The assessment of this fee is tied to the classification of the system and the certification class needed by the system owner's designated available operators. The maximum fee that any one owner of more than one system pays is $10,000. This fee structure is summarized in Table 1. The only other cost for compliance for the owner is the actual costs for hiring a certified operator. The average cost to hire a certified operator is between $30,000 and $80,000 per year (based on a limited survey of operators completed in 2003). It is strongly advised that owners hire more than one certified operator. However, unless there are problems at the system, this responsibility is left to the owner. If necessary, the Department does have the authority to order the owner to hire additional certified operators, to address specific environmental compliance problems. In addition, the owner may choose to cover the operator's costs for obtaining continuing education contact hours. This is an arrangement negotiated between the owners and their certified operators.
Compliance Assistance Plan
The Department is implementing a comprehensive training and compliance assistance strategy to assist operators and owners who are required to comply with provisions of the Operator Certification Program. This includes web-based training through the Department's EarthWise Academy, additional classroom training as needed, a comprehensive training approval process and packaged training programs. This comprehensive strategy is designed to take advantage of existing training expertise in the industry; and promote a market for training providers to meet the training needs of this program. Additional compliance assistance is available through the Drinking Water Capability Enhancement Program, the Wastewater Diagnostics Program and the Drinking Water and Wastewater Outreach Assistance Provider Programs.
Paperwork Requirements
The following is a list of paperwork requirements for the operator as established in Chapter 302. Beyond the operator's time and the program fees identified previously, there are no additional costs for this paperwork.
1. Certification Examination Registration Form (to register to take an examination).
2. Application for Certification Action (for certification, recertification, certification upgrade or certification through reciprocity).
3. Application for Certification Renewal (done once every 3 years).
4. Criminal History Report from the Pennsylvania State Police.
5. Application for Exemption (only needed if operator will not be able to complete requirements for initial certification or certification renewal due to extenuating circumstances such as military service or health problems).
6. The development and approval of standard operating procedures, if the operator and owner choose to utilize this tool to ensure all process control decisions are made by an available operator.
7. The development and approval of a process control plan that describes all the operational procedures for a drinking water or wastewater treatment system. This will only be required by the Department on a case-by-case basis; depending on the level of noncompliance at the system and the existence of equivalent plans, such as an operation and maintenance plan, an emergency response plan or standard operating procedures.
8. The development of a management plan, if an operator wants to serve as a circuit rider, where the individual is responsible for more than one drinking water or wastewater treatment system. The Management Plan identifies the systems, their characteristics, points of contact and the number of visits the operator will complete in a designated time frame. System specific plans must also be developed for each system to include procedures to be followed by personnel at the system when the circuit rider is not at the system.
9. The operator shall notify the owner in writing of any violations or potential violations at the system. Recommendations, if the operator has any, for resolving the problem should also be included.
The owner will need to report the names, addresses and level of certification of all operators designated as available operators for the system on an annual basis. Changes in available operators must be reported within 10 days. If the owner chooses to designate an operator in responsible charge to utilize standard operating procedures, the names, addresses and level of certification of these operators must also be reported to the Department on an annual basis.
Any training provider who would like to provide training to operators to meet the training or continuing education requirements must become an approved training sponsor, and have all courses approved. This process is documented in the ''Training Provider Manual for the Pennsylvania Water and Wastewater System Operator Training Program,'' DEP ID: 383-2300-002.
An entity who would like to become an approved examination provider must become approved and comply with the Certification Board guidelines for the scheduling of examinations and the registration of applicants.
G. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C. §§ 13101--13109) established a National policy that promotes pollution prevention as the preferred means for achieving State environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials, and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. These regulations were incorporated the following pollution prevention incentives:
By ensuring that qualified, certified operators are making all operational decisions in the Commonwealth's drinking water and wastewater treatment systems, pollution prevention efforts will be enhanced. The water and wastewater treatment system operator is the key element in overall process control. By improving the certified operator's capabilities, more effective treatment and removal of pollutants and better use of available resources will result. Testing and training programs are designed to focus on different ways the operator can more effectively operate their system to minimize and prevent pollution and conserve energy.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 30, 2009, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the Department provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed regulations within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assembly and the Governor prior to final publication of the regulations.
J. Public Comments
Written Comments. Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. The Board must receive any comments, suggestions or objections by August 10, 2009. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by August 10, 2009. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments. Comments may be submitted electronically to the Board at RegComments@dep.state. pa.us and must also be received by the Board by August 10, 2009. A subject heading of the proposal and a return name and address must be included in each transmission. If the sender does not receive an acknowledgement of electronic comments within 2 working days, the comments should be retransmitted to ensure receipt.
JOHN HANGER,
ChairpersonFiscal Note: 7-433. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
PART II. STATE BOARD FOR CERTIFICATION OF SEWAGE TREATMENT PLANT AND WATERWORKS OPERATORS
CHAPTER 301. [Reserved] §§ 301.1--301.3. (Reserved).
§§ 301.11--301.13. (Reserved).
CHAPTER 302. ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM
CHAPTER 303. [Reserved] §§ 303.1--303.3. (Reserved).
§§ 303.11--303.14. (Reserved).
§§ 303.21--303.28. (Reserved).
§§ 303.31--303.34. (Reserved).
CHAPTER 305. [Reserved] §§ 305.1--305.7. (Reserved).
(Editor's Note: As part of this proposal, the Environmental Quality Board is proposing to rescinded the existing text of Chapters 301, 303 and 305, which currently appears in 25 Pa. Code pages 301-1--301-4, 303-1--303-11, and 305-1--305-3, serial pages (228347) to (228350), (252853), (252854), (281973), (281974), and (252857)--(252867). The following text is for a new Chapter 302 and printed in regular type to enhance readability.)
CHAPTER 302. ADMINISTRATION OF THE WATER AND WASTEWATER SYSTEMS OPERATORS' CERTIFICATION PROGRAM
Subch. A. GENERAL PROVISIONS B. GENERAL REQUIREMENTS FOR APPLICATIONS
FOR CERTIFICATION ACTIONSC. BOARD PROCEDURES AND ACTIONS D. CRIMINAL HISTORY RECORDS E. ADMINISTRATIVE HEARINGS OF THE BOARD F. PREPARATION AND ADMINISTRATION OF CERTIFICATION EXAMINATIONS G. EDUCATION, EXAMINATION AND EXPERIENCE REQUIREMENTS H. CONTINUING EDUCATION AND TRAINING I. SYSTEM CLASSIFICATION AND SUBCLASSIFICA-
TIONSJ. OPERATOR CLASSES AND SUBCLASSIFICA-
TIONSK. PROFESSIONAL ENGINEERS L. SYSTEM OPERATION
Subchapter A. GENERAL PROVISIONS Sec.
302.101. Definitions. 302.102. Purpose. 302.103. Scope. § 302.101. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Accelerated certification--A method of upgrading a system's available operators' certificates to accommodate a change in the system's capacity or treatment technology.
Act--The Water and Wastewater Systems Operators' Certification Act (63 P. S. §§ 1001--1015.1).
Activated carbon adsorption--A water treatment process designed to improve the quality of water being treated by using activated granular or powdered carbon to remove specific organic chemical compounds by adsorption.
Activated sludge--The treatment technology that mechanically introduces air into wastewater to achieve microbiological suspended growth treatment such as extended aeration, sequential batch reactors, contact stabilization, conventional, step fed or oxidation ditch.
Administrative Code--The Administrative Code of 1929 (71 P. S. §§ 51--732).
Administrative hearing--A meeting of the Board, or Board-designated agent, held upon petition of the Department to revoke, suspend, modify or reinstate an operator's certificate in accordance with 2 Pa.C.S. Chapter 5 Subchapter A and Chapter 7 Subchapter A (relating to Administrative Agency Law).
Aeration--A water treatment process designed to improve the quality of water being treated by introducing air or oxygen into water to remove undesirable dissolved gases, to remove volatile organic compounds or to oxidize inorganic compounds so they can be removed as particulates.
Applicant--A person seeking certification as a water or wastewater system operator.
Application for certification action--A written request for the Board to take a certification action using approved Department forms.
Available operator--A certified operator who is onsite or able to be contacted as needed to make process control decisions in a timely manner to protect public health and the environment.
Bioperable operator--A certified operator who holds a valid certificate for both water and wastewater systems.
Bioperable training--Department-approved continuing education training that has content that is applicable to both water and wastewater systems.
Board--The State Board for Certification of Water and Wastewater Systems Operators.
Board-designated agent--A Board, or committee member who completes certain duties on behalf of the Board.
Board guidelines--The guidelines established to carry out the powers and duties of the Board. These guidelines are documented in the State Board for Certification of Water and Wastewater Systems Operator's Guidelines, ''Operator Certification Program,'' DEP ID: 150-0200-002.
Board Secretary--A Department-recommended staff member who acts on behalf of the Board to implement administrative aspects of the program.
CHR--Criminal History Record--A report of criminal history record issued by the Pennsylvania State Police under 18 Pa.C.S. Chapter 91 (relating to criminal history record information).
Cartridge or bag filtration--For drinking water, a process for the purpose of substantial particulate removal by straining with bag or cartridge filters manufactured of various materials and pore sizes.
Certificate program--A type of Department-approved training.
Certification--The process by which an individual obtains a water or wastewater system operator's certificate.
Certification action--Action taken by the Board related to a certification examination or recertification or the issuance of an initial certificate, certificate renewal or certificate through reciprocity.
Certification Program Advisory Committee--The advisory committee created under the act.
Certified operator--An operator who holds a valid certificate in accordance with the act.
Chemical addition--A water treatment process designed to improve the quality of the water being treated through the addition of chemicals such as lime, soda ash, caustic soda and permanganate.
Circuit rider--A management program in which a certified operator may make process control decisions at more than one system of different ownership.
Class--An alphabetic letter assigned by the Department to a water or wastewater system based upon the classification of a system or an alphabetic letter assigned to an individual's certificate.
Classification--The size or type of a water or wastewater system.
Clean Streams Law--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Collection system--A system of pipelines or conduits, pumping stations and force or gravity mains used for collecting and conveying wastes to a point of treatment and disposal.
Community water system--A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
Consecutive system--
(i) A public water system that obtains all of its water from another public water system and resells the water to a person, provides treatment to meet a primary maximum contaminant level or provides drinking water to an interstate carrier.
(ii) The term does not include bottled water and bulk water systems as defined in § 109.1 (relating to definitions).
Contact hour--The standard unit of measure for participation in a Department-approved education experience.
Continuing education--Approved activities to include training, outreach programs, contact hours, meetings, presentations and other activities designed to increase the knowledge, skills and abilities of system operators.
Conventional filtration--For drinking water, a series of processes implemented for the purpose of substantial particulate removal consisting of coagulation, flocculation, sedimentation and filtration.
Corrosion control and sequestering--A water treatment process designed to mitigate the adverse effects of corrosion in drinking water.
Diatomaceous earth filtration--For drinking water, a process for the purpose of substantial particulate removal, in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum) and, while the water is filtered by passing through the cake on the septum, additional filter media, known as body feed, is continuously added to the feed water, to maintain the permeability of the filter cake.
Direct filtration--
(i) For drinking water, a series of processes implemented for the purpose of substantial particulate removal consisting of coagulation and filtration.
(ii) The term normally includes flocculation after coagulation, but does not include sedimentation.
Distribution system--Pipelines, appurtenances, devices and facilities that convey potable water under pressure to customers.
Drinking water environmental laboratory supervisor--An individual having the knowledge, skills and abilities necessary to supervise laboratory procedures and the reporting of analytical data for an environmental laboratory operated by a drinking water system in accordance with industry, State and Federal standards.
Environmental laboratory--A facility engaged in the testing or analysis of environmental samples.
Environmental sample--A solid, liquid, gas or other specimen taken for the purpose of testing or analysis as required by an environmental statute.
Environmental statute--A statute administered by the Department relating to the protection of the environment or protection of public health, safety and welfare.
Examination--A test module or grouping of test modules administered by the Board or its designated agent used in part to determine the competency of applicants for certification or recertification.
Fee--A nonrefundable cost charged to an applicant assigned to cover the expenses of the program.
Fixed film treatment--A wastewater treatment technology that uses a fixed contact media to achieve treatment such as trickling filters and rotating biological contactors.
Gaseous chlorine disinfection--A water treatment process designed to inactivate pathogenic organisms from water being treated utilizing gaseous chlorine.
GED--General equivalency diploma.
Grandparented--The temporary exemption for an existing operator of an existing system, as of February 21, 2002, from the initial educational and examination requirements for certification where a system was not required by prior law to have a certified operator. A grandparented operator may be the operator in responsible charge.
Groundwater--Water beneath the surface of the ground that exists in a zone of saturation.
Hydraulic design capacity--The maximum monthly design flow at which a drinking water or wastewater system is expected to consistently provide the required treatment or at which a distribution or collection system is expected to properly function without creating a backup, surcharge or overflow.
Industrial wastewater treatment system--Any system that treats industrial waste or pollution, but not sewage, as those terms are defined in section 1 of The Clean Streams Law (35 P. S. § 691.1).
Ion exchange and greensand--A water treatment process such as greensand filtration, ion exchange or activated alumina designed to improve the quality of water being treated by removal of inorganic constituents.
Investigation--A detailed inquiry as to the nature, circumstances and official records regarding an applicant or certified operator's criminal conviction as identified in a criminal history record.
Master certificate--A certificate authorizing an operator to make process control decisions at any water or wastewater system of a specific size, regardless of the treatment technology subclassifications used by that system.
Membrane filtration--For drinking water, a process that uses a thin film that acts as a selective barrier (semipermeable) to the transport of matter to remove contaminants from water and includes such processes as electrodialysis, reverse osmosis, nanofiltration, ultrafiltration, microfiltration or other similar technologies.
NPDES--The National Pollutant Discharge Elimination System as authorized under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342).
Nongaseous chemical disinfection--A water treatment process designed to inactivate pathogenic organisms from water being treated utilizing nongaseous chemical elements or compounds.
Noncommunity water system--A public water system which is not a community water system.
Nontransient noncommunity water system--A noncommunity water system that regularly serves at least 25 of the same persons over 6 months per year.
Operator--
(i) An individual who works with water or wastewater system processes or portions thereof.
(ii) The term includes, but is not limited to, an individual who may be gaining experience to obtain certification in appropriate subclassifications within classifications of certification. These individuals will have a working knowledge of system operation.
Operator-in-responsible-charge--An individual designated by the owner to be the certified operator who makes the process control decisions that directly impact the quality and or quantity of water.
Operator-in-training--An applicant for certification who has passed the certification examination but does not meet the experience requirements.
Order of the Department--An order of the Department issued under section 4(b)(2) of the act (63 P. S. § 1004(b)(2)) and also include orders of the Department issued under section 4(b)(1.1) of the act.
Owner--A person who owns or is the holder of an applicable permit for the operation of a water or wastewater system.
Ozonation--The water treatment process designed to inactivate pathogenic organisms from water being treated utilizing ozone.
Permitted average daily discharge flow--The hydraulic design capacity of a wastewater treatment system.
Person--
(i) An individual, company, corporation, political subdivision, municipality, municipal authority, partnership, firm, association, trust, estate, public or private institution, or any agency of Federal or State government.
(ii) The term also includes the officers, directors, employees and agents of any partnership, firm, association, company, corporation, municipality, municipal authority, public or private institution or any agency of Federal or state government.
Petition--A written request from the Department to the Board to take an action to modify, suspend, revoke or reinstate a certified operator's certificate.
Political subdivision--Any county, city, borough, town, township, school district, institution or any authority created by any one or more of the foregoing.
Postpresentation credit--Precertification or continuing education credit for a training course not previously approved by the Department. An operator may obtain postpresentation credit upon application to the Department.
Process control decision--A decision that maintains or changes the water quality or quantity of a water system or wastewater system in a manner that may affect the public health or environment.
Process control plan--A plan developed by an operator in responsible charge that outlines the facilities, methods, activities and treatment alternatives necessary to meet permit requirements and provide long term and reliable system operations.
Professional engineer--An engineer registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2), who has been examined in civil, sanitary or environmental engineering and determined proficient.
Psychometrics--The analytical methodology and design of tests to evaluate and measure psychological variables such as intelligence and aptitude.
Recertification--The process by which an individual's water or wastewater system operator certificate, previously certified under the act, obtains a new certificate following expiration, suspension or revocation of the previous certificate.
Renewal of certification--The process by which an individual extends for another period of time an existing, valid water system or wastewater system operator's certificate under the act.
Satellite collection system--A wastewater system, with at least one pump station, which is designed to convey in excess of 2,000 gallons per day of untreated wastewater to a wastewater system owned by a different entity.
Serving an average--The hydraulic design capacity of a water system.
Single entity collection system--A wastewater collection system where the collection system relies on treatment from a wastewater treatment system owned by the owner of the collection system.
Site-specific--A certificate to allow a grandparented operator to make process control decisions for an identified system or part thereof, which is not transferable and is not valid if treatment methods change or the grandparented operator no longer works at a system.
Slow sand filtration--For drinking water, a process for the purpose of substantial particulate removal by physical and biological mechanisms during the passage of raw water through a bed of sand at low velocity, generally less than 0.4 meter per hour.
Subclassification--A number assigned by the Department to a water or wastewater system based upon the treatment process used by that system or the number assigned to an operator's certificate based upon meeting the certification requirements for a specific treatment process.
System--A water or wastewater system.
Track--A combination of approved education and experience requirements necessary to qualify for operator certification.
Training approval process guidelines--Department guidelines authorized by the act that set standards for training sponsors, courses, course content, training approval criteria and training provider approval criteria.
Training provider--A person who designs or delivers any type of education or training activities, courses or programs.
Training sponsor--A training provider approved by the Department to provide training to water and wastewater system operators in this Commonwealth in accordance with the Department's training approval process guidelines.
Treatment--The physical, chemical or biological process necessary to change, modify or maintain the chemical or biological nature of water.
Treatment ponds and lagoons--A wastewater treatment technology that utilizes a pond, lagoon or wetlands with anaerobic or facultative biological processes for the treatment of wastewater and meets the following criteria:
(i) A design hydraulic detention time in the treatment process of 15 days or greater.
(ii) A biological treatment process that does not have any return activated sludge system.
(iii) A biological treatment process that is impacted by diurnal fluctuations as a result of photosynthesis.
Trigger parameter--A set-point for a designated biological, chemical or physical parameter that requires a response by the operator in responsible charge.
Ultraviolet disinfection--A water treatment process that inactivates pathogenic organisms using light with a wavelength range of 4,000 to 40 angstroms.
Upgrade--The certification process an existing certified operator follows to increase the operator's authority to make process control decisions at a system of a specific flow or a system with specific treatment technologies.
Wastewater--A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under The Clean Streams Law.
Wastewater environmental laboratory supervisor--An individual having the necessary knowledge, skills and abilities necessary to supervise laboratory procedures and reporting of analytical data for an environmental laboratory operated by a wastewater or industrial waste system in accordance with industry, State and Federal standards.
Wastewater system--A structure designed to collect, convey or treat wastewater and from which effluent in excess of 2,000 gallons per day is discharged into waters of this Commonwealth.
Water system--A community water system or a nontransient noncommunity water system as those terms are defined in section 3 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.3).
§ 302.102. Purpose.
(a) The purpose of this chapter is to protect the environment and the public's health and safety by ensuring that certified operators with the appropriate knowledge, skills and abilities make appropriate process control decisions during the operation of water and wastewater treatment systems, water distribution systems and wastewater collection systems.
(b) This chapter establishes the training, education, experience and examination standards necessary for operator certification.
(c) This chapter also establishes the administrative processes and procedures the Board will follow to implement the Board's duties and responsibilities under the act.
§ 302.103. Scope.
(a) A person may not make a process control decision at a water or wastewater system unless that person is Board-certified with a valid certificate with the appropriate class and subclassifications for the size and treatment technologies of a water or wastewater system and is designated by the owner as the available operator.
(b) To become certified by the Board, the applicant shall:
(1) Apply for certification in accordance with § 302.201 (relating to form of application).
(2) Pass the appropriate examinations as defined in § 302.702 (relating to examination requirements) or an equivalent examination as defined in § 302.304 (relating to issuance of a certificate through reciprocity).
(3) Meet minimum education requirements as defined in § 302.701 (relating to minimum education requirements).
(4) Meet the experience requirements as defined in § 302.703 (relating to experience requirements).
(c) The following are exempt from the requirements of this chapter:
(1) A wastewater treatment system with a permitted average daily discharge flow of less than 2,000 gallons per day.
(2) A wastewater treatment system regulated under Chapter 73 (relating to standards for onlot sewage treatment facilities). An industrial wastewater system used to treat, recycle or impound industrial or agricultural wastes within the boundaries of the industrial or agricultural property.
(3) An industrial waste pretreatment system in which treated wastewater is released to a collection system of a wastewater treatment plant that is regulated by this chapter.
(4) An industrial waste treatment system that is an NPDES permitted point source discharge.
(5) A water treatment device that serves a single private residence.
(6) A system designed to only collect and treat stormwater.
(7) Other systems that are exempted by the Department by rules and regulations, guidelines or policy.
(d) Operators of industrial wastewater treatment facilities may voluntarily obtain a wastewater system operator's certificate consistent with this chapter.
Subchapter B. GENERAL REQUIREMENTS FOR APPLICATIONS FOR CERTIFICATION ACTIONS Sec.
302.201. Form of application. 302.202. Operator certification program fees. § 302.201. Form of application.
(a) An applicant for examination or a certification action shall submit a complete application with required documentation using the appropriate Department-approved forms to the Board's Secretary.
(b) In addition to the forms described in subsection (a), an application for certification action for either certification or recertification must include:
(1) An original or copy of the applicant's Pennsylvania State Police criminal history record, issued no more than 90 days prior to the date the application is received by the Board Secretary.
(2) For education purposes, one of the following:
(i) A copy of the applicant's high school diploma or GED or a statement of completion of high school or achievement of GED.
(ii) Written verification by the applicant's supervisor or another certified operator with direct knowledge of the applicant's experience working as an operator in a water or wastewater system before February 21, 2002.
(3) Documentation of the applicant's experience as defined in § 302.704 (relating to determining qualifying experience) and verified by the applicant's supervisor or another certified operator with the knowledge of the applicant's experience.
(4) An official copy of the applicant's college transcripts, if applicable.
(5) Copies of certificates of completion of Department-approved training courses if applicable.
(6) The applicant's signature, affirmed by a notary public.
(7) The applicable fees specified in § 302.202 (relating to operator certification program fees).
(c) In addition to the forms described in subsection (a), an application for certification action for certificate upgrade must include:
(1) An official copy of the applicant's college transcripts, if applicable.
(2) Documentation of the applicant's additional experience for the additional class or subclassification as defined in §§ 302.703 and 302.704 (relating to experience requirements; and determining qualifying experience), verified by the applicant's supervisor or another certified operator with the knowledge of the applicant's experience.
(3) Copies of certificates of completion of Department-approved training courses, if applicable.
(4) The applicant's signature, affirmed by a notary public.
(5) The applicable fees specified in § 302.202.
(d) In addition to the forms described in subsection (a), an application for certification action for certificate renewal must include:
(1) Proof of completed continuing education.
(2) The applicant's signature, affirmed by a notary public.
(3) The applicable fees specified in § 302.202.
(e) In addition to the forms described in subsection (a), an application for certification action for reciprocity must include:
(1) An original or copy of the applicant's Pennsylvania State Police criminal history record, issued no more than 90 days prior to the date the application is received by the Board Secretary.
(2) A copy of the applicant's operator certificate issued by another state, territory or Board-approved register as defined in § 302.305 (relating to Board-approved reciprocity register).
(3) For education purposes, one of the following:
(i) A copy of the applicant's high school diploma or GED or a statement of completion of high school or achievement of GED.
(ii) Written verification by the applicant's supervisor or another certified operator with direct knowledge of the applicant's experience working as an operator in a water or wastewater system before February 21, 2002.
(4) Documentation of the applicant's experience as defined in § 302.704 and verified by the applicant's supervisor or another certified operator with the knowledge of the applicant's experience.
(5) A copy of the applicant's official transcripts from college, if applicable.
(6) Copies of certificates of completion of Department-approved training courses if applicable.
(7) The applicant's signature, affirmed by a notary public.
(8) The applicable fees specified in § 302.202.
§ 302.202. Operator certification program fees.
(a) An application for a certification action or postpresentation credit must be accompanied by a nonrefundable check or money order payable to the ''Commonwealth of Pennsylvania.'' The applicant's client ID should be printed on the check or money order.
(b) Applications to become an approved training provider, course and conference approvals, course rosters and requests for examination sessions must be accompanied by a nonrefundable check or money order payable to the ''Commonwealth of Pennsylvania.''
(c) Annual reports as described in § 302.1202(b) (relating to duties of owners) must be accompanied by a nonrefundable check or money order payable to the ''Commonwealth of Pennsylvania.'' The systems' Public Water Supply ID or NPDES Permit Number should be printed on the check or money order.
(d) The fees are as follows:
Operators: Initial Certification Class A, B, C, D $150 Initial Certification Class Dc, Dn, Class E $100 Certification through Reciprocity Class A, B, C, D $150 Certification through Reciprocity Class Dc; Dn, Class E $100 Certificate Renewal $60 Examination Session $35 Replacement of Certificate or Pocket Card $25 Postpresentation Credit Application $250 Training: Training Provider Approval Application $90 Brief Course Approval $115 Full Course Approval $300 Conference Approval $70 Course Rosters $1 per name Classroom Courses offered by the Department are $10 per contact hour maximum per person.
Web-based Courses offered by the Department are $30 per contact hour maximum per person. Onsite Training offered by the Department is $1,600 per event.
Approved Examination Providers: Ten or more examination sessions per year $800 Five to ten examination sessions per year $700 Two to five examination sessions per year $600 One examination session per year $400 Owners: Annual Service Fee Class A System $500 Annual Service Fee Class B System $150 Annual Service Fee Class C System $100 Annual Service Fee Class D and E Systems $65 (e) The maximum fee a training provider or owner will be charged is $10,000 per year.
(f) An operator holding a valid certificate as of __ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), is not required to pay the certification fees identified in subsection (b). The operator is subject to all other fees in this section.
(g) The fees identified in subsection (b) are in addition to any fees charged by an approved examination provider as defined in § 302.605 (relating to use of materials and electronic devices by the applicant during examination).
(h) No person regulated by this act shall pay more than a total of $10,000 annually to the Commonwealth operator certification fees specified under this act.
(i) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the Environmental Quality Board. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and it will contain recommendations to modify fees to eliminate the disparity, including recommendations for regulatory amendments to modify program fees.
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