[39 Pa.B. 3591]
[Saturday, July 11, 2009]
[Continued from previous Web Page]
Subchapter C. BOARD PROCEDURES AND ACTIONS Sec.
302.301. Board procedures for certification action. 302.302. Issuance of certificate for certification or recertification. 302.303. Issuance of upgraded certificate. 302.304. Issuance of certificate through reciprocity. 302.305. Board-approved reciprocity register. 302.306. Certificate renewal. 302.307. Extensions. 302.308. Suspensions, revocation or modification of an operator's certificate. 302.309. Board review of Department training decisions. § 302.301. Board procedures for certification action.
(a) The Department, under the supervision of the Board Secretary, will review the application for certification action for completeness.
(b) If the application is not complete, the applicant will be notified, in a timely manner from receipt of the application, of the specific information required to make the application complete.
(c) When an application is complete, the Board Secretary will review the application using policy and procedures defined by the Board in guidelines and make a recommendation for action to the Board designating the appropriate class and subclassification. The Board will make the final determination on the appropriate class and subclassification.
(d) The Board will take an action on a complete application within two scheduled Board meetings after the Board Secretary has completed the review of the application, provided the application is complete and contains sufficient information for the Board to make a decision.
(e) The Board Secretary will issue the operator's certificate within 60 days of Board action. A certificate will include the issuance and expiration dates, class and subclassifications, client ID and certification identification numbers and pocket card for identification purposes.
(f) The issuance date on the certificate corresponds with the date of Board action and the operator is assigned to the current 3-year renewal cycle (either the first day of January, April, July or October). The certificate is valid for a 3 year period and will expire on the date indicated unless suspended, modified or revoked by the Board prior to expiration.
(g) The Board will deny an application for certification action for failure to meet the requirements of the act, the regulations promulgated under this act, and other Department rules and regulations related to the operation of a water or wastewater system.
(h) The Board authorizes the Board Secretary to deny an application for certification action without Board review for failure to:
(1) Meet the requirements for reciprocity as defined in § 302.304 (relating to issuance of certificate through reciprocity).
(2) Meet processing deadlines.
(3) Successfully pass an examination for certification.
(i) When the Board denies an application for certification action, the Board Secretary will notify the applicant in writing within 60 days of the Board decision, describing the applicant's right to appeal the action to the Environmental Hearing Board.
(j) Within 4 weeks of receiving a written request of a certified operator and payment of a fee as established in § 302.202 (relating to operator certification program fees) for the replacement of a certificate or wallet card, the Board Secretary will fulfill the request.
§ 302.302. Issuance of certificate for certification or recertification.
The Board may approve a complete application for certification action for either certification or recertification with a designated class and subclassification when the applicant has met the requirements for certification as defined in § 302.103 (relating to scope). The Board will also complete the review of the applicant's criminal history record in accordance with §§ 302.402 and 302.403 (relating to CHR investigations; and review of CHRs by the Board) before approving a complete application for certification action for certification or recertification.
§ 302.303. Issuance of upgraded certificate.
(a) The Board will approve a complete application for certification action to upgrade an existing certificate to the appropriate class when the applicant meets the additional experience requirements defined in § 302.703 (relating to experience requirements) for the upgrade in class. The Board will also approve a complete application for certification action to upgrade an operator-in-training as defined in § 302.1004 (relating to operator-in-training status) when the operator-in-training has met the minimum experience requirements for certification defined in § 302.703.
(b) The Board will approve a complete application for certification action to upgrade an existing certificate to add another subclassification when the applicant passes the Part II Treatment Technology Specific Examination as defined in § 302.601 (relating to general provisions) that corresponds to a subclassification defined in §§ 302.1002 and 302.1003 (relating to certification classes and subclassifications of water system operators; and certification classes and subclassifications of wastewater system operators) and completes 1 year additional experience requirement, if applicable, as defined in §§ 302.703 and 302.704 (relating to experience requirements; and determining qualifying experience).
(c) The Board will replace the applicant's existing certificate with an upgraded certificate that maintains the operator's current 3 year renewal cycle. Those applicants that were upgraded from the operator-in-training status will be issued a certificate in accordance with procedures defined in § 302.301 (relating to Board procedures for certification action).
(d) Additional changes in continuing education requirements as defined in § 302.803 (relating to phased schedule for continuing education requirements) resulting from an upgrade will not be enforced until the certified operator's next full 3 year renewal cycle.
(e) Class Dc, Dn and grandparented certificates will not be upgraded.
§ 302.304. Issuance of certificate through reciprocity.
(a) The Board may issue a certificate to an applicant holding a valid water or wastewater, or both, operator certificate from another state, territory, the District of Columbia or a Board-approved reciprocity register, when the applicant meets the requirements for certification defined in § 302.103 (relating to scope) and demonstrates the out-of-State certificate was issued as the result of passing an examination comparable to one administered by the Board.
(b) The Department will determine whether the content of the examination is comparable to an examination prepared by the Department and obtain confirmation from the state, territory or Board approved registry that issued the applicant's certificate that the applicant holds a valid certificate, and is in compliance with applicable laws, regulations and other requirements.
(c) Operators previously certified in this Commonwealth are not eligible to apply for reciprocity if:
(1) The Board revoked, suspended or modified their certificate in accordance with § 302.308 (relating to suspensions, revocation or modification of an operator's certificate).
(2) The operator failed to meet the continuing education requirements for their most recent 3 year renewal cycle.
§ 302.305. Board-approved reciprocity register.
(a) The Board recognizes the Association of Boards of Certification Registry and United States Military or Coast Guard discharge papers documenting water or wastewater operation as reciprocity registers.
(b) The Board may recognize additional certification registers upon request by a certified operator or the entity maintaining the register.
§ 302.306. Certificate renewal.
(a) Certified operators meeting the requirements of the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system, and Department and Board guidelines will be eligible for certificate renewal without further examination.
(b) The Board will attempt to notify certified operators when renewal is due at least 60 days prior to certificate expiration. Failure to receive a renewal application from the Board does not release a certified operator from the requirements of the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system.
(c) Certified operators shall meet the continuing education requirements as defined in § 302.803 (relating to phased schedule for continuing education requirements) as a condition of renewal.
(d) Continuing education must be successfully obtained during the certified operator's 3 year certification period. A certified operator who fails to complete the continuing education requirements within the 3 year cycle shall apply for recertification.
(e) The Board will not renew a certificate for an operator who fails to meet the continuing education requirements, unless the operator has applied for and been granted, an extension in accordance with § 302.307 (relating to extensions).
(f) A certificate will not be deemed expired if the Board Secretary has received a complete application for certification action for renewal before the expiration date of the certificate. This provision will be in force until the Board takes action on the application. If approved, the certificate will be issued with an expiration date that maintains the operator's prior 3 year cycle.
(g) A certificate renewal issued by the Board after the certificate has expired will have the effective issuance date of the first day of the month in the next quarter (January, April, July or October) following Board action. The expiration date will be 3 years after the expiration date of the lapsed certificate.
(h) Within 24 months following the date of expiration, an operator who has completed the continuing education, but whose certificate has expired, may renew the certificate by submitting a complete application for certification action for renewal. A certified operator who fails to renew the certificate within 24 months of the expiration date shall apply for recertification.
(i) The Board Secretary will submit a listing of applicants for certificate renewal to the Board that the Department has determined have not met the continuing education requirements as defined in § 302.802 (relating to continuing education requirements for certificate renewal). The listing will include the applicants' name, their classes and subclassifications of certification and the number of approved hours of continuing education completed.
(j) An operator shall submit any postpresentation credit applications for training that was not preapproved by the Department in accordance with training approval process guidelines within 90 days after certificate expiration.
(k) After the Board has taken action to deny an application for certificate renewal due to lack of continuing education, the Board Secretary will send a certified letter to the operator notifying them of the Board's decision. If possible, the Board Secretary will send a copy of this letter to the appropriate Department regional program manager and the owners of systems when the operator is identified by the owners as an available operator for the systems.
(l) The operator has 14 days from receipt of the certified letter to submit additional documentation of completed continuing education for review by the Department to the Board Secretary. If the Department approves the additional documentation showing compliance with the requirement for continuing education, the Board Secretary will issue a valid certificate to the operator. If not, the operator is no longer certified, and shall apply for recertification.
§ 302.307. Extensions.
(a) The Board may grant a time extension to a certified operator to meet the requirements of the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system provided that:
(1) The certified operator requests an extension in writing with appropriate justification no later than 90 days after certificate expiration, except in extenuating circumstances.
(2) The certified operator agrees to meet all requirements within a specific time period established by the Board.
(3) Any Board extension is consistent with only those specific powers and duties granted to the Board.
(b) The Board Secretary will provide an explanation of the Board's decision and any requirements for compliance in writing to the certified operator.
(c) Circumstances that justify an extension include:
(1) Military service that curtails an operator's ability to access continuing education, mandated training or Board testing.
(2) Health related circumstances that curtail an operator's ability to participate in continuing education, mandated training or Board testing.
(3) Other extreme circumstances.
§ 302.308. Suspensions, revocation or modification of an operator's certificate.
(a) The Board may take action to suspend, revoke, modify or reinstate an operator's certificate upon petition by the Department.
(b) The Board may suspend, revoke or modify a certificate for misconduct for reasons including:
(1) Negligence in operating a system.
(2) Fraud.
(3) Falsification of State, local or Federal documents or records.
(4) Failure to use reasonable care and professional judgment in performing the duties of a certified operator.
(5) Violation of State or Federal laws and the rules and regulations promulgated thereunder associated with the operation of a water or wastewater treatment system.
(6) Creating a clear or potential threat to public health, safety or the environment.
(7) Failure to comply with the duties assigned to a certified operator.
(c) Suspension, revocation, modification or reinstatement of an operator's certificate will become effective immediately upon the Board's action.
(d) The Board may suspend or modify a certificate for a specific time period or require additional education, training or reexamination as a condition of reinstatement.
(e) Within 5 days of the Board taking an action to suspend, revoke, modify or reinstate an operator's certificate, the Board Secretary will notify the Department, the certified operator and the certified operator's employer in writing of the Board action to suspend, revoke or modify an operator's certificate.
§ 302.309. Board review of Department training decisions.
(a) A training provider or sponsor may request the Board to review a Department action to do the following:
(1) Approve, disapprove, revoke or suspend a training provider's status as an approved sponsor of training for certification and continuing education.
(2) Approve, deny, revoke or suspend the approval of any course for certification and continuing education.
(3) Assess an instructor's qualifications.
(4) Assign appropriate continuing education contact hours.
(b) Within 75 days of receiving notification from the Department, a training provider or sponsor will submit a request to the Board to review the Department's decision. The request must include the following:
(1) The reasons for the Department's decision.
(2) The reasons why the Board review is necessary.
(3) Any circumstances that merit consideration by the Board to reverse or modify the Department's decision.
(4) The desired action from the Board.
(c) The Board will take action on any training decision request within 120 days of completion of a scheduled Board meeting dealing with the training action.
Subchapter D. CRIMINAL HISTORY RECORDS Sec.
302.401. Submission of CHRs. 302.402. CHR investigation. 302.403. Review of CHRs by the Board. 302.404. Board actions as the result of its review of a CHR. § 302.401. Submission of CHRs.
(a) The Board requires a CHR to accompany an application whenever an applicant does one or more of the following:
(1) Submits an application for certification. A CHR is not required for subsequent renewals.
(2) Submits an application requesting certification by reciprocity.
(3) Submits an application for recertification.
(b) An applicant holding a bioperable certification shall meet the requirements in subsection (a) for each separate water and wastewater certificate.
(c) The date of issuance on a CHR must be no more than 90 days before the date when the application is received by the Board Secretary.
§ 302.402. CHR investigations.
(a) The following criminal activities require further investigation:
(1) A felony.
(2) A misdemeanor that appears to be related directly to activities associated with carrying out duties and responsibilities as a certified operator.
(3) A misdemeanor that appears to pose a threat to public health, safety or the environment.
§ 302.403. Review of CHRs by the Board.
(a) The Board will review all CHRs submitted with applications for certification action in accordance with the act and this chapter.
(b) A preliminary review committee will conduct a review, and if necessary, conduct appropriate investigations and make a recommendation to the Board for action. The membership of this committee will include:
(1) A Board member.
(2) A Department employee.
(3) Board legal counsel.
(c) The Board or Board-designated agent will conduct an evaluation of all applicants with a conviction noted on their CHR to determine the appropriate category in this section. Convictions meeting the criteria in § 302.402 (relating to CHR investigations) require the Department to conduct an investigation and submit a written report to the Board or Board-designated agent.
(d) If the preliminary review committee feels the conviction may be related to the operation of a drinking water or wastewater treatment system, they will instruct the Board Secretary to send the applicant a certified letter notifying them of this potential and offering them the opportunity to appear at the next regularly scheduled Board meeting to present any information they feel is relevant or related to the conviction. The Department employee on the committee will also solicit further information from the appropriate regional office as it relates to the circumstances that resulted in the conviction and the applicant's record as an operator.
(e) The preliminary review committee will provide reasons for their recommendation and any associated documentation.
(f) These recommendations will be assigned into the following two categories:
(1) Recommend approval of the application for certification action.
(2) Recommend that the full Board review the CHR and investigation findings.
(g) A certified operator will not be denied a temporary certification for renewal pending a final action of the Board on a CHR. In this case, a letter will be sent extending the certified operator's existing certificate until the Board takes final action.
(h) An applicant for certification will not be denied admittance to the certification exam pending a final action on a CHR.
(i) The Department will complete the investigation in a timely manner based on circumstances related to the necessary collection of information needed to make a recommendation.
§ 302.404. Board actions as the result of a CHR.
(a) The Board will act on all CHRs submitted with an application for certification action.
(b) The Board will find no further action is necessary when an applicant's CHR shows no convictions.
(c) Based on the Board's authority under 18 Pa.C.S. Chapter 91 (relating to criminal history record information), the Board may deny an application for certification action based on a conviction of either:
(1) A felony related to the trade, occupation or profession for which the certification is sought.
(2) A misdemeanor related to the trade, occupation or profession for which the certification is sought.
(d) The Board will review the recommendations of the preliminary review committee before taking action. Based on this review, the Board will do one of the following:
(1) Agree with the preliminary review committee and take action on the CHR accordingly.
(2) Disagree with the preliminary review committee and take action on the CHR accordingly.
(e) The Board Secretary will notify an applicant in writing of the Board's decision to deny an application for certification action based on the applicant's CHR.
(f) If an application for certification action is denied, the Board will identify the reasons for the decision, since this decision prohibits the individual from practicing as a certified operator in this Commonwealth.
(g) An applicant wishing to appeal a Board action shall petition the EHB.
Subchapter E. ADMINISTRATIVE HEARINGS OF THE BOARD Sec.
302.501. General requirements. § 302.501. General requirements.
(a) The Department may file with the Board Secretary a written petition under section 4(b)(1) of the act (63 P. S. § 1004(b)(1)), by submitting a written request containing the following information:
(1) The factual basis of the petition including the dates, times and places of the occurrences and the names of the responsible parties with sufficient specificity that the respondent can file an answer and prepare a defense to the allegations.
(2) The statutes or regulations, or both, allegedly violated and underlying the petition.
(3) The relief requested.
(4) An identification of the Department attorney or contact person, including the address and telephone number, who can receive service on behalf of the Department.
(b) Upon receipt of a petition, the Board Secretary will:
(1) Provide a copy of the petition to the operators named in the petition, sent by certified mail.
(2) Schedule the petition for hearing before the Board or a hearing officer appointed by the Board. As necessary, the Board Secretary may schedule prehearing conferences and issue orders needed to dispose of prehearing issues.
(c) Requests to reschedule or cancel a hearing must be in writing and be received by the Board Secretary at least 14 days prior to the date of the hearing. Continuance of a hearing is at the discretion of the Board. The Board may continue a hearing upon its own motion.
(d) The hearings of the Board will be in accordance with 2 Pa.C.S. Chapter 5 Subchapter A and Chapter 7 Subchapter A (relating to Administrative Agency Law).
(e) The Chairperson of the Board is authorized to sign decisions and orders on behalf of the Board.
(f) An order of the Board will be effective immediately unless otherwise indicated within the order.
(g) Decisions on the petition may be appealed to the EHB.
Subchapter F. PREPARATION AND ADMINISTRATION OF CERTIFICATION EXAMINATIONS Sec.
302.601. General provisions. 302.602. Approved examination providers. 302.603. Examination eligibility. 302.604. Examination administration. 302.605. Use of materials and electronic devices by the applicant during examination. § 302.601. General provisions.
(a) The Department will prepare and the Board will administer valid certification examinations using general psychometric principles to measure the applicant's knowledge, skills and abilities necessary to make process control decisions that meet permit requirements, maintain system reliability and ensure the protection of the environment, public health and safety.
(b) Certification and recertification examinations will consist of a two part examination. Part I of the examination will measure the applicant's knowledge, skills and abilities common to all water or wastewater systems regardless of size. Part II of the examination will measure the applicant's knowledge, skills and abilities necessary to operate specific treatment technologies or system components.
(c) There will be separate stand-alone examinations for wastewater collection systems, either satellite or single entity; water distribution or consecutive systems without treatment and Dc or Dn systems.
(d) There will be a Part II examination for laboratory supervisor for a water system and a Part II examination for laboratory supervisor for a wastewater system.
(e) There will be a master examination for either water or wastewater systems for operators wanting a master certificate to operate all available treatment technologies and system components.
(f) The Department will annually review examinations for relevancy. The Department may use third party contractors, members of the Board or the Certification Program Advisory Committee, Department staff or other qualified individuals as subject matter experts for the content and validation of the examinations.
(g) The Board may use third-party examination proctors for administration of examinations, provided the proctors have completed the necessary training defined by Board guidelines.
(h) Paper and test materials remain the property of the Board.
(i) Individual examination scores will be confidential and will not be disclosed to the public.
§ 302.602. Approved examination providers.
(a) The Board may use consultants, nonprofit water and wastewater industry associations and organizations, the Department or educational institutions to assist in the administration of the examinations for certification. The Board Secretary will approve all examination providers in accordance with Board guidelines.
(b) Approved examination providers may charge a fee to an applicant to cover the cost of personnel, facility rental and other incurred costs related to the registration and administration of the examination.
(c) Approved examination providers will not at any time be in possession of any Department-developed examination materials or examination content.
(d) Approved examination providers will administer examinations in accordance with Board guidelines.
§ 302.603. Examination eligibility.
(a) An applicant for examination shall submit a request for examination using approved Board forms to one of the approved examination providers. The applicant shall also pay any fees defined by the approved examination provider for processing this request.
(b) An individual is not required to meet experience requirements of the act, regulations or guidelines as a condition for examination.
(c) An individual is not required to successfully attain any training as a condition for examination.
(d) An individual that attends five or more examination sessions without applying for certification shall pay the examination session fees defined in § 302.202 (relating to operator certification program fees) before being allowed to attend additional examination sessions.
(e) A certified operator is not required to retake an examination already successfully passed unless:
(1) The individual fails to renew their certification within 2 years from the expiration date of the certification.
(2) The individual fails to complete the required amount of continuing education within the 3-year renewal cycle.
(3) The Board takes action to suspend or modify the certification. A certified operator whose license is revoked may not apply to become recertified or to reexamine.
§ 302.604. Examination administration.
(a) The proctors and Department staff shall follow all procedures for the administration of an examination as defined in Board guidelines.
(b) The examination proctor will provide a written report to the Board regarding any applicant violating this section or Board guidelines.
(c) The Board may make exceptions to a written examination or other examination requirements when an applicant or representative makes a ''reasonable accommodation'' request under the Americans With Disabilities Act of 1990 (42 U.S.C.A §§ 12101--12213) in written form to the Board, the request documents the reason for the accommodation and the request is submitted to the Board Secretary in writing at least 15 days before the date of the examination.
(d) The Board may make exceptions to the scheduled date and location of an examination upon written request by an applicant based on religious preference, jury duty or other compelling reasons.
§ 302.605. Use of materials and electronic devices by the applicant during examination.
(a) The use of nonprogrammable calculators by applicants during the examination is permitted.
(b) The use of hand held computers or other devices that can store technical information, electronic communication devices, personal music players or other memory storage devices or printed materials other than the materials provided by the examination proctor during the examination is not permitted during the examination.
(c) An applicant may use special electronic devices, if the applicant has submitted a written request to the Board Secretary for approval and has received written approval from the Board.
Subchapter G. EDUCATION, EXAMINATION AND EXPERIENCE REQUIREMENTS Sec.
302.701. Minimum education requirements. 302.702. Examination requirements. 302.703. Experience requirements. 302.704. Determining qualifying experience. 302.705. Accelerated certification requirements for system modifications. § 302.701. Minimum education requirements.
(a) An applicant for certification shall obtain a high school diploma or a GED to meet one of the minimum education requirements.
(b) The Board may grant an education exemption to the requirements in subsection (a) if the applicant provides 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.
(c) Experience used to meet the equivalency for a high school diploma or GED cannot be used as experience for certification.
§ 302.702. Examination requirements.
(a) An applicant for certification in wastewater shall obtain a passing score on a Part I General Examination and one or more of the Part II Treatment Technology Specific Examinations, a Master Examination or a Collection System Examination.
(b) An applicant for certification in drinking water shall obtain a passing score on a Part I General Examination and one or more of the Part II Treatment Technology Specific Examinations for Class A, B and C, a Part I General Examination for Class D, a Master Examination, a Dc or Dn Small System Examination or a Distribution Examination.
(c) An applicant shall obtain a minimum numerical score of correctly answered questions based on general psychometric principles to pass an examination for certification.
(d) An applicant's score on an examination is independent and not conditional on the results of any other type of certification examination.
(e) Test results are valid indefinitely, unless the applicant must apply for recertification as determined by the Board.
§ 302.703. Experience requirements.
(a) To meet the requirements for certification, the Department will provide an applicant with two different experience tracks.
(b) Track I identifies the experience requirement necessary to qualify for certification when the applicant meets the basic educational requirement in § 302.701 (relating to minimum education requirements).
(1) Track I experience requirements for wastewater treatment system operators.
Class Minimum Experience A 4 years B 3 years C 2 years D 1 year E 1 year (2) Track I experience requirements for water system operators.
Class Minimum Experience A 4 years B 3 years C 2 years D 1 year E 1 year Dc 6 months Dn 6 months (c) An applicant for operator certification using Track I may supplement up to 50% of the required experience by successfully completing additional education beyond the minimum education requirement defined in § 302.701. One month of experience can be credited for the successful completion of every 10 contact hours of Department-approved training courses in water or wastewater, as applicable, or 1.5 months experience may be credited for the successful completion of one college credit in water or wastewater from an accredited college or university.
(d) Track II provides a reduction in the experience requirements defined in subsection (b) when the applicant has successfully earned one of the following:
(1) A certificate of completion of a Department-approved certificate program in water or wastewater, or both (CP).
(2) An associate degree in a water or wastewater, or both, operation approved by the Department (ASP).
(3) An associate degree in environmental sciences, physical sciences, engineering or engineering technology not approved by the Department (AS).
(4) A bachelor's or graduate degree in biology, chemistry, environmental sciences, physical sciences, sanitary or environmental engineering or engineering technology from a Nationally accredited college or university (BS/BA).
(e) The required experience under Track II is:
(1) Track II experience requirements for wastewater treatment system operators.
Class CP ASP AS BS/BA A 2 years 1 year 3.5 years 2 years B 1 year 6 months 2.5 years 1 year C 6 months 6 months 1.5 years 6 months D 6 months 6 months 6 months 6 months E 6 months 6 months 6 months 6 months (2) Track II experience requirements for water system operators.
Class CP ASP AS BS/BA A 2 years 1 year 3.5 years 2 years B 1 year 6 months 2.5 years 1 year C 6 months 6 months 1.5 years 6 months D 6 months 6 months 6 months 6 months E 6 months 6 months 6 months 6 months Dc 0 0 6 months 0 Dn 0 0 6 months 0 (f) When education is applied to meet the experience requirements for certification under Track II, the credit can only be applied once and is not cumulative.
§ 302.704. Determining qualifying experience.
(a) The Board will determine if the applicant's experience meets the experience requirements defined in § 302.703 (relating to experience requirements).
(b) Experience for certification is achieved by participating in a combination of activities related to process control under the supervision of a certified operator who holds the appropriate subclassifications.
(c) The Board will consider the following activities for qualifying experience:
(1) Operating mechanical equipment related to process control.
(2) Maintaining mechanical equipment related to process control.
(3) Collecting and analyzing chemical and biological samples related to process control and regulatory compliance activities.
(4) Performing calculations related to process control.
(5) Preparing or standardizing chemical and biological solutions.
(6) Interpreting, compiling and completing monitoring data.
(7) Recommending appropriate process control measures.
(8) Participating in onsite assessment, inspection or evaluation of plant processes.
(9) Calibrating chemical feed systems.
(10) Using equipment to monitor and measure flows through a water or wastewater system.
(d) An applicant for a wastewater certificate may apply experience as defined in subsection (c) as follows:
(1) Experience working at an activated sludge wastewater system qualifies an applicant for an activated sludge wastewater certificate (Subclassification 1), the fixed film wastewater certificate (Subclassification 2) and the treatment pond and lagoon wastewater certificate (Subclassification 3).
(2) Experience working at a fixed film wastewater system qualifies an applicant for a fixed film wastewater certificate (Subclassification 2) and a treatment pond and lagoon wastewater certificate (Subclassification 3).
(3) Experience working at a treatment pond and lagoon wastewater system qualifies the applicant for the treatment pond and lagoon wastewater certificate (Subclassification 3).
(4) Experience working at a satellite collection system or a single entity collection system qualifies the applicant for a Class E Subclassification 4 wastewater certificate.
(5) Experience for class may be obtained at a wastewater system with the classification level requested or two classification levels alphabetically lower.
(e) An applicant for a water certificate may apply experience as defined in subsection (c) as follows:
(1) Experience working at a conventional filtration, direct filtration, diatomaceous earth filtration or slow sand filtration water system qualifies an applicant for any of the following:
(i) The filtration water certificates (Subclassifications 1, 2, 3, 4, 5 and 6).
(ii) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(iii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(2) Experience working at a cartridge or bag filtration or membrane filtration water system qualifies an applicant for any of the following:
(i) The cartridge or bag filtration and the membrane filtration water certificates (Subclassifications 5 and 6).
(ii) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(iii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(3) Experience working at a corrosion control and sequestering, chemical addition, ion exchange and greensand or aeration and activated carbon adsorption water system qualifies an applicant for any of the following:
(i) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(ii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(4) Experience working at a gaseous chlorine disinfection or nongaseous chemical disinfection water system qualifies an applicant for the gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(5) Experience working at an ultraviolet water system qualifies an applicant for the ultraviolet water treatment certificate (Subclassification 13).
(6) Experience working at an ozonation water system qualifies an applicant for the ozonation water treatment certificate (Subclassification 14).
(7) Experience for a class may be obtained at a water system at the classification level requested or two classification levels alphabetically lower.
(8) Experience working at a Dc water system qualifies an applicant for only the Class D water certificate with the gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(9) Experience working at a Dn water system qualifies an applicant for only the Class D water certificate without any subclassifications.
(f) One year of experience is equal to 220 working days or 1,760 hours of employment.
(g) Experience will be prorated for time periods less than 1 year.
(h) Experience is counted up to the first day of the month after the applicant submits an application for certification action.
(i) An applicant's experience at a wastewater system may be used to meet no more than half the experience requirement for a drinking water certification of the same classification level or a level alphabetically lower. The remaining experience must be operating experience at a drinking water system as defined in subsection (c).
(j) An applicant's experience at a water system may be used to meet no more than half the experience requirement of a wastewater certification of the same classification level or a level alphabetically lower. The remaining experience must be operating experience at a wastewater system as defined in subsection (c).
§ 302.705. Accelerated certification requirements for system modifications.
(a) An operator certificate upgrade is required when an increase in treatment capacity of the system no longer qualifies the available operator to make process control decisions for that system. When the capacity of the system is increased, the existing available operators will qualify for an accelerated certification upgrade by applying for an upgrade in class before the larger system becomes operational. Additional experience or training is not required.
(b) An operator certificate upgrade is required when the addition of a different treatment technology to a system no longer qualifies the available operators to make process control decisions for that system. When a different treatment technology is added to the system, the existing available operators may qualify for an accelerated certification upgrade if:
(1) The owner obtains the appropriate NPDES, public water supply or The Clean Streams Law permit from the Department with approval of the accelerated certification program.
(2) The operator successfully completes an onsite, Department-approved training program from the manufacturer or consulting engineer on the proper operation and maintenance of the new treatment technology.
(3) The operator passes the appropriate Part II Technology Specific examination for the new treatment technology.
(4) The manufacturer or consulting engineer provides the Board and the Department with written documentation that the available operators for the system have successfully completed the formalized startup training and assistance program and are competent in the operation of the treatment technology.
(c) The available operators of the system undergoing an upgrade may continue to make process control decisions for the system if the conditions for accelerated certification as defined in subsection (a) or (b) are met. If not, the owner of the system will find another available operator with the appropriate class and subclassifications to make process control decisions until the existing certified operators at the system meet the additional examination requirements defined in § 302.702 (relating to examination requirements) and any additional experience requirements defined in § 302.703 (relating to experience requirements).
Subchapter H. CONTINUING EDUCATION AND TRAINING Sec.
302.801. Training and continuing education. 302.802. Continuing education requirements for certificate renewal. 302.803. Phased schedule for continuing education requirements. 302.804. System security training requirements. § 302.801. Training and continuing education.
(a) The Department will designate all approved training and continuing education into one of the following categories:
(1) Wastewater.
(2) Water.
(3) Bioperable.
(4) Security training as established in § 302.804 (relating to system security training requirements).
(b) The Department may approve, deny, suspend or revoke any training sponsor, training program, training course or conference session.
(c) The Department may audit, examine, inspect and review the activities and documentation of approved training sponsors, training programs, approved instructors, courses, course content, conference sessions, teaching materials and facilities as related to water operator training and wastewater operator training and continuing education.
(d) The Department will develop training approval process guidelines that define the standards for the approval of training providers as training sponsors, training programs, instructors, courses and course content, conference sessions and other teaching materials and facilities used for the development and delivery of water and wastewater operator training and continuing education.
§ 302.802. Continuing education requirements for certificate renewal.
(a) Only contact hours for training approved by the Department will be used by a certified operator to meet the continuing education requirements for certificate renewal.
(b) A certified operator is required to successfully obtain the designated continuing education contact hours as defined in § 302.803 (relating to phased schedule for continuing education requirements) for certification renewal for the appropriate class.
(c) Bioperable operators will meet the continuing education requirements for each water and wastewater certificate held.
(d) A certified operator may not apply excess contact hours to a subsequent 3 year renewal cycle.
(e) For the purpose of meeting the continuing education requirement, the contact hours associated with a Department-approved course may only be applied once within an operator's 3 year renewal cycle.
(f) A Department-approved instructor holding an operator's certificate may be granted continuing education contact hours for teaching a Department-approved training course provided the instructor delivers the course within the instructor's 3 year renewal cycle and provides documentation to the Department that the course was completed, with the total amount of hours of training delivered. The contact hours for a specific course can be granted only once within the 3 year renewal cycle in which the course is taught.
(g) A certified operator is credited continuing education contact hours in the 3 year renewal cycle in which the training provider documents successful completion of the training.
(h) Certified operators that have successfully completed the Department's Drinking Water Corrosion Control Treatment Course or Bio-solids Management Course may be granted a one-time credit for the contact hours for continuing education during the initial renewal cycle, regardless of the date of completion.
§ 302.803. Phased schedule for continuing education requirements.
(a) The number of required contact hours of continuing education for certificate renewal is as follows:
(1) Contact hour requirements for wastewater system certified operators.
Operator
ClassContact Hours
for First 3 Year Renewal CycleContact Hours for
Subsequent 3 Year
Renewal CycleA 15 30 B 15 30 C 15 30 D 8 15 E 8 15 Grandparented 8 15 (2) Contact hour requirements for water system certified operators.
Operator
ClassContact Hours
for First 3 Year
Renewal CycleContact Hours for
Subsequent 3 Year
Renewal CycleA 15 30 B 15 30 C 15 30 D 8 15 E 8 15 Dc 4 9 Dn 3 6 Grandparented 8 15 (b) The first 3 year renewal cycle is defined as either the first 3 year period in which a certified operator holds a valid certificate after being transferred from an annual renewal cycle, or the first cycle after receiving certification.
(c) The subsequent 3 year renewal cycle is every 3 year period after the operator's first 3-year renewal cycle.
§ 302.804. System security training requirements.
(a) Every certified operator shall successfully complete a Department-approved system security training course.
(b) A certified operator shall meet the system security training requirement before the conclusion of the operator's first subsequent 3 year renewal period after __ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.).
(c) A certified operator shall successfully demonstrate the knowledge, skills and abilities contained in the Department's system security training course using a Department-approved learning assessment method.
(d) The contact hours associated with the system security training also qualifies as approved continuing education within an operator's 3 year renewal cycle.
(e) A Department-approved training sponsor may, upon written agreement with the Department, deliver the Department's system security course that is approved to meet the requirements of this section.
(f) Bioperable operators need to successfully complete the Department-approved system security training course only once.
(g) The Department may require certified operators to attend and successfully complete additional Department-approved system security courses upon written notification.
Subchapter I. SYSTEM CLASSIFICATION AND SUBCLASSIFICATIONS Sec.
302.901. Classifications and subclassifications of water systems. 302.902. Classifications and subclassifications of wastewater systems. § 302.901. Classifications and subclassifications of water systems.
(a) Water systems will be classified into one of five classifications being designated as Classification A, B, C, D or E as follows:
(1) Classification A. Water systems serving an average of more than 5 million gallons a day.
(2) Classification B. Water systems serving an average of greater than 1 million gallons a day but less than or equal to 5 million gallons a day.
(3) Classification C. Water systems serving an average of greater than 100,000 gallons a day but less than or equal to 1 million gallons a day.
(4) Classification D. Water systems serving and average of less than or equal to 100,000 gallons a day.
(5) Classification E. Distribution and consecutive water systems, without treatment.
(b) Upon written request by the owner, the Department may reclassify a water system serving no more than 500 individuals or having no more than 150 connections, where the source of water for the system is exclusively groundwater, as a Dc or Dn water system. A water system that requires only disinfection will be classified as a Dc system, a water system that requires no treatment as a Dn system.
(c) Each water system Classification A, B and C must be assigned one or more of the following 14 treatment subclassifications that identifies the treatment methods used to process water at that system. Classifications D and E may have one or more of the following 14 treatment subclassifications if the system or operator uses the specified treatment methods to process drinking water at that system.
(1) Subclassification 1--Conventional Filtration.
(2) Subclassification 2--Direct Filtration.
(3) Subclassification 3--Diatomaceous Earth Filtration.
(4) Subclassification 4--Slow Sand Filtration.
(5) Subclassification 5--Cartridge or Bag Filtration.
(6) Subclassification 6--Membrane Filtration.
(7) Subclassification 7--Corrosion Control and Sequestering.
(8) Subclassification 8--Chemical Addition.
(9) Subclassification 9--Ion Exchange and Greensand.
(10) Subclassification 10--Aeration and Activated Carbon Adsorption.
(11) Subclassification 11--Gaseous Chlorine Disinfection.
(12) Subclassification 12--Nongaseous Chemical Disinfection.
(13) Subclassification 13--Ultraviolet Disinfection.
(14) Subclassification 14--Ozonation.
(d) Upon written notice provided to the owners and available operators of the system, the Department may change the classification or subclassification of a water system because of changes in the conditions or circumstances at the system.
§ 302.902. Classifications and subclassifications of wastewater systems.
(a) Wastewater systems will be classified into one of five classifications being designated as Classification A, B, C, D or E as follows:
(1) Classification A. Wastewater systems with a permitted average daily discharge flow greater than 5 million gallons a day or unlimited permitted discharge flows.
(2) Classification B. Wastewater systems with a permitted average daily discharge flow greater than 1 million gallons per day but less than or equal to 5 million gallons a day.
(3) Classification C. Wastewater systems with a permitted average daily discharge flow greater than 100,000 gallons a day but less than or equal to 1 million gallons a day.
(4) Classification D. Wastewater systems with a permitted average daily discharge flow equal to or less than 100,000 gallons.
(5) Classification E. A wastewater satellite collection system with at least one pump station.
(b) Each wastewater system Classification A, B, C and D must be assigned one or more of 4 treatment subclassifications that identifies the treatment or collection methods, or both, used to process wastewater at that system:
(1) Subclassification 1--Activated Sludge.
(2) Subclassification 2--Fixed Film.
(3) Subclassification 3--Treatment Ponds and Lagoons.
(4) Subclassification 4--Single Entity Collection Systems.
(c) Upon written notice provided to the owners and available operators of the system, the Department may change the classification or subclassification of a wastewater system because of changes in the conditions or circumstances at the system.
Subchapter J. OPERATOR CLASSES AND SUBCLASSIFICATIONS Sec.
302.1001. General provisions. 302.1002. Certification classes and subclassifications of water system operators. 302.1003. Certification classes and subclassifications of wastewater system operators. 302.1004. Operator-in-training status. 302.1005. Grandparented operators. 302.1006. Laboratory supervisor certification. § 302.1001. General provisions.
(a) A certified operator may hold only one valid water certificate and one valid wastewater certificate. Each valid certificate may include one or more appropriate classes and subclassifications.
(b) A certified operator holding a valid Class A, B, C or D and the Class E water or wastewater certificate and all the water or wastewater treatment technology subclassifications, will be issued either a water or wastewater master certificate for that class.
§ 302.1002. Certification classes and subclassifications of water system operators.
(a) There are 7 water classes and 14 water treatment technology subclassifications that correspond to the water system classifications and treatment technology subclassifications defined in § 302.901 (relating to classification and subclassifications of water systems).
(b) To hold a valid Class A, B or C water certificate, the operator shall meet all the certification requirements set forth in § 302.103 (relating to scope) for at least one water treatment technology subclassification defined in § 302.901 (relating to classification and subclassifications of water systems).
(c) To hold a valid Class D or E water certificate, the operator shall meet the certification requirements in § 302.103 but is not required to have a subclassification, unless the operator is involved in making process control decisions involving one of the subclassification treatment technologies defined in § 302.901.
(d) A Dc or Dn certificate is a stand-alone certificate and does not include any water treatment technology subclassifications.
(e) Water operators with a Class A, B, C or D water certificate that also make process control decisions in the distribution system shall also have the Class E certificate.
§ 302.1003. Certification classes and subclassifications of wastewater system operators.
(a) There are five wastewater classifications and four wastewater treatment technology subclassifications that correspond to the wastewater treatment system classifications and treatment technology subclassifications defined in § 302.902 (relating to classifications and subclassifications of wastewater systems).
(b) Certified wastewater operators holding an A, B, C or D classification will have at least one wastewater treatment technology subclassification.
(c) The Class E wastewater classification will be combined with Subclassification 4 as a stand alone certificate for operators of wastewater collection systems who meet the requirements for certification as defined in § 302.103. (relating to scope).
(d) Wastewater operators with a Class A, B, C or D wastewater certificate that also make process control decisions in the collection system shall also have the E4 certificate.
§ 302.1004. Operator-in-training status.
(a) The operator-in-training status shall apply to an individual passing the certification examinations who has not yet met the minimum education and experience requirements in §§ 302.701 and 302.703 (relating to minimum education requirements; and experience requirements).
(b) An operator-in-training status is valid until the individual demonstrates the education and experience requirements as defined in §§ 302.701 and 302.703 have been met and the Board issues a certificate.
(c) An individual with operator-in-training status will not independently make process control decisions or serve as the available operator for a water or wastewater system.
(d) An operator-in-training may concurrently hold a water and wastewater operator-in-training status.
§ 302.1005. Grandparented operators.
(a) This section applies to those operators of nontransient noncommunity water systems, satellite wastewater collection systems containing a pump stations or single entity wastewater collection systems who were granted a grandparented certificate by the Board.
(b) Grandparented certificates are site, size and technology specific and not transferable to any other water or wastewater system.
(c) A grandparented certificate is temporary and will expire within 3 years of the date of issuance. A certified operator who was grandparented shall meet the conditions for certification renewal including the submittal of an application for certification action for renewal defined in § 302.201 (relating to form of application) and completion of the continuing education requirements defined in § 302.802 (relating to continuing education requirements for certificate renewal).
(d) The grandparented certificate is no longer valid if one of the following applies:
(1) The certified operator moves to another water or wastewater system.
(2) The system subclassification changes because of a modification or addition, or both, of treatment technology.
(3) There are violations attributed to the operator that threaten the public health, the environment and public safety.
(e) If a grandparented certificate is no longer valid, the operator shall meet the requirements for certification as identified in § 302.103 (relating to scope).
§ 302.1006. Laboratory supervisor certification.
(a) There will be a laboratory supervisor subclassification (15) for individuals responsible for the supervision of testing or analysis of environmental samples and reporting of analytical data for water supply systems in a Pennsylvania-accredited environmental laboratory operated by a water system.
(b) There will be a laboratory supervisor Subclassification (5) for individuals responsible for supervision of the testing or analysis of environmental samples and reporting of analytical data for wastewater systems in a Pennsylvania-accredited environmental laboratory operated by a wastewater or industrial waste system.
(c) A certified operator, including those holding a master certificate, will not be qualified by the Department for a laboratory supervisor certificate without meeting the requirements in this section.
(d) Laboratory supervisor certification is not required to qualify for a master certificate in water or wastewater.
(e) An applicant for laboratory supervisor's certification for drinking water or wastewater shall have 2 years of experience in the testing and analysis of environmental samples for water or wastewater systems.
(f) An applicant for laboratory supervisor's certification for drinking water or wastewater systems shall hold a valid operator's certificate and demonstrate the knowledge, skills and abilities needed to be a laboratory supervisor by obtaining a passing score on either the Part II Laboratory Supervisor for Water Systems or Part II Laboratory Supervisor for Wastewater Systems examination.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
