HomeMy WebLinkAboutSWRCB - Notice of Proposed Emergency Rulemaking - Wastewater Operator Certification Program Menchaca, Clarissa
From: Bennett, Robin
Sent: Tuesday, September 12, 2017 9:29 AM
To: Menchaca, Clarissa; Hahn, Paul
Cc: Schmidt, Dennis, Mannel, Bill
Subject: FW: Notice of Proposed Emergency Rulemaking - Wastewater Operator Certification
Program
Attachments: noticewastewatercert-aol-with att a.pdf
Importance: High
130S c01'P"'I')01)dCAWe fi-0111 the CI SWIX,13 regarding Wasknvater Operator Certification Prograin changes.
Robbi Bcarteu,,
]'.'xeculire Assistara
(530) 872-6304
F3011"I'te Coanly stwert4sol."s offixe
sit ei-viso,- ,noLt
,P 'g, Fi-,,e i e r
Boaxd of',Surper,visors, is riot 15
747 Effloti-Road
Para,dise (-"r/,f 95969
From: lyris@swrcbl8.waterboards.cagov [maiIto:lyris@swrcb18.waterboards.ca.gov]
Sent: Friday, September 8, 2017 3:48 PM
To: Bennett, Robin <RBeninett@buttecounty.net>
Subject: Notice of Proposed Emergency Rulemaking-Wastewater Operator Certification Program
This is a message from the State Water Resources Control Board
........... .................................
Attached is a Notice of Proposed Emergency Rulemaking on Wastewater Treatment Plant Classification, Operator
Certification, and Contract Operator Registration.
711v*Lk,yo-W,
Jeanne/T&w n4i?,n&
Clerk.,tt-r-thel 3o `d
Statel W ater'/-Z ol~czk C&nt-r041 B acwdl
(916) 341 -5600
...................... ..........
You are currently subscribed to regs_general as: rbennettC@.buttecounty.net.
To unsubscribe click here: leave-6532746-
508,5298.f8efclfel463a520fef6bd3dcld1 bOf4@s,wrcbl 8.waterboards.ca.gov
r
EVheVNU G.BHOt'l l:JN,
JA
f
CAL
FCR N rA
` WTNEVI BOUFt1OUEr
Water Boards
fllv,HUNiI(l:Sa1IIi USF(:i dill
State Water Resources Control Board
TITLE 23.WATERS
DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND
REGIONAL WATER QUALITY CONTROL BOARDS
CHAPTER 26. WASTEWATER TREATMENT PLANT CLASSIFICATION,
OPERATOR CERTIFICATION, AND CONTRACT OPERATOR REGISTRATION
NOTICE OF PROPOSED EMERGENCY RULEMAKING
Required Notice of Proposed Emergency Action
Government Code section 11346.1, subdivision (a)(2) requires that, at least five working days
prior to submission of a proposed emergency action to the Office of Administrative Law(OAL),
the adopting agency provide a notice of the proposed emergency action to every person who
has filed a request for notice of regulatory action with the agency. After submission of the
proposed emergency action to the CAL, the OAL shall allow interested persons five calendar
days to submit comments on the proposed emergency regulations as set forth in Government
Code section 11349.6.
The State Water Resources Control Board (State Water Board) is sending this notice out to
interested parties via electronic mail for proposed changes to title 23, division 3, chapter 26,
amending sections 3682.2, 3682.3, 3702.1, 3702.2, 3702.3, 3702.4, and 3717. This notification
satisfies the notification requirements of Government Code section 11346.1(a)(2).
Proposed Emergency Action
Amendments to the Water Code enacted by chapter 305, statutes of 2016, require the State
Water Board to review its fees each fiscal year so that the fee schedules provide the appropriate
amount of revenue to recover the costs of the Wastewater Operator Certification Program
(WWOCP) and to compensate for past over-collection or under-collection of revenue. (See
Wat. Code, § 13628, subds. (b) & (d).) The amendments also permit the State Water Board to
establish reduced certification and certification renewal fees for all applicants holding two or
more valid, unexpired certifications issued by the State Water Board as a water treatment
operator, distribution operator, or wastewater treatment plant operator. (See Wat. Code,
§ 13628, subd. (c).)
At its September 19, 2017 meeting, the State Water Board will consider adopting emergency
regulations amending section 3717 of the California Code of Regulations, title 23, division 3,
chapter 26 (commencing with section 3670) (WWOCP Regulations) revising and establishing
the fees for operators, provisional operators, and operators-in-training. Consistent with
amendments to the Water Code enacted by chapter 305, statutes of 2016, the State Water
Board also will consider amending 3682.2, 3682.3, 3702.1, 3702.2, 3702.3, 3702.4, and 3717 to
replace the two-year renewal with a three-year renewal period. (See Wat. Code, § 13628,
subd. (a).)
FFLICIA MARCUS. CHAIR I E1LEE,N SOBECK, EXECUTIVE DIRECTOR
1001 !Street.Sacramento.CA 95814 Mailing Address:P.O.Box 1 R6,Sacramento.CA 95812-0100 I www.waterboards.ca.gov
Ri nc r:rcLen r•.v,rn,
Notice of Proposed
Emergency Rulemaking -2-
Proposed Text of Emergency Regulations
The proposed text of the emergency regulations is attached. The State Water Board may revise
the proposed emergency regulations based on comments received prior to and during its
September 19, 2017 Board meeting. The State Water Board is not required to provide any
additional public notice prior to adopting revisions to the proposed emergency regulations.
Finding of Emergency (Gov. Code, § 11346.1, subd. (b).)
Water Code section 13628, subdivision(d)(2) allows the State Water Board to adopt
amendments to the fee schedules through the emergency rulemaking process and provides that
the emergency regulation will remain in effect until it is revised by the State Water Board.
Authority and Reference (Gov. Code, § 11346.5, subd. (a)(2).)
Water Code sections 1058, 13627, and 13628.
Informative Digest(Gov. Code, § 11346.5, subd. (a)(3).)
The proposed amendments to the operator, provisional operator, and operator-in-training fee
schedule are intended to result in a reduction of the fund surplus balance to a level consistent
with a prudent reserve within six to six and one half fiscal years. As proposed, certification fees
for all grades (I-V) are reduced by twenty-five percent. Additionally, the renewal period is
changed from two years to three years and the fee is reduced for all grades (I-V) to $150.00
because the staffing time for reviewing a renewal application is the same for all grades. To
implement this change, references to the two-year renewal period are replaced with a three-
year renewal period throughout the WWOCP regulations. Also, consistent with the Drinking
Water Operator Certification Program, the proposed regulations establish a reduced exam
application fee for those applicants who are retaking an examination, because it takes less time
for staff to review these examinations. The State Water Board further proposes to establish
reduced certification and certification renewal fees for those applicants who hold a valid,
unexpired water treatment operator certificate or a valid, unexpired water distribution operator
certificate.
Policy Statement(Gov. Code, § 11346.5, subd. (a)(3)(C).)
The proposed emergency regulations reducing the fees for operators, provisional operators, and
operators-in-training will encourage more operators to be certified and/or maintain their
certification as wastewater treatment plant operators. The proposed reduced fee for all
applicants holding two or more valid, unexpired certifications issued by the State Water Board
as a water treatment operator, distribution operator, or wastewater treatment plant operator also
will encourage operators to be certified in more than one discipline. This will increase the
number of certified operators to operate wastewater treatment plants.
Consistency Statement(Gov. Code, § 11346.5, subds. (a)(3)(B) and (a)(3)(D).)
The proposed emergency regulations do not differ substantially from comparable federal law.
The State Water Board has thoroughly evaluated the current WWOCP Regulations and the
proposed emergency regulations and determined that the proposed regulations are not
inconsistent or incompatible with existing state regulations.
Other Matters Prescribed by Statute (Gov. Code, § 11346.5, subd. (a)(4).)
No other matters are prescribed by statute or regulation applicable to the State Water Board.
Notice of Proposed
Emergency Rulemaking -3-
Local Mandate (Gov. Code, § 11346.5, subd. (a)(5).)
The proposed emergency regulations do not impose a mandate on local agencies or school
districts because they do not mandate a new program or a higher level of service of an existing
program. The fee schedule applies equally to public and private entities and is not unique to
local government. No state reimbursement is required by part 7 (commencing with
section 17500) of division 4 of the Government Code.
Estimate of Cost or Savings (Gov. Code, § 11346.5, subd. (a)(6).)
The proposed emergency regulations will decrease revenue to the Wastewater Operator
Certification Program by approximately $300,000 per fiscal year to compensate for over-
collection in past years. There is no cost to any local agency or school district for which
reimbursement is required or other nondiscretionary cost or savings imposed on local agencies.
There is no cost or savings in federal funding to the state.
September 8 2017a-fit —�Vw
Date Jea*0 Townsend
Clerk o the Board
ATTACHMENT A
Proposed Amendments
to the
California Code of Regulations
Title 23. Waters
Division 3. State Water Resources Control Board
and Regional Water Quality Control Boards
Chapter 26. Wastewater Treatment Plant
Classification, Operator Certification0, and
Contract Operator Registration
PROPOSED AMENDMENTS
SEPTEMBER 2017
State Water Resources Control Board
Division of Financial Assistance
The proposed changes: insertions shown as underline and deletions shown as strikegh,
DRAFT
TITLE 23. WATERS
DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER
QUALITY CONTROL BOARDS
CHAPTER 26. WASTEWATER TREATMENT PLANT CLASSIFICATION, OPERATOR
CERTIFICATION, AND CONTRACT OPERATOR
REGISTRATION
Article 4. Operators-in-Training
§ 3682.2. Issuance of an Operator-in-Training Certificate.
(a) Within 30 days of receipt of a complete application and payment of the certification fee
prescribed in article 10, the Office of Operator Certification shall issue an operator-in-training
certificate or inform the applicant of the reason the certificate will not be issued. The
operator-in-training certificate shall be issued in the name of the applicant and mailed to the
chief plant operator at the mailing address of the wastewater treatment plant where the
applicant will be in training.
(b)An operator-in-training certificate shall include:
(1)the name and grade level of the operator-in-training;
(2)the issue and expiration dates of the certificate;
(3)the name of the wastewater treatment plant where the operator-in-training will be
training;
(4) the State Water Board seal;
(5) the name, "State Water Resources Control Board;" and
(6) the signature of a State Water Board member or designee.
(c) The Office of Operator Certification may refuse to issue an operator-in-training certificate if it
determines that the applicant has committed any act in violation of this chapter.
(d) Except as provided in subdivision (e), operator-in-training certificates shall be valid for Wie-
three years.
(e) The expiration date of Grade It through Grade V operator-in-training certificates shall not
exceed the expiration date of the applicant's passed examination results.
Authority: Sections 1058 and 13627,Water Code.
Reference: Section 13627,Water Code.
1
§ 3682.3. Renewal of an Operator-in-Training Certificate.
(a)An applicant for renewal of an operator-in-training certificate must have completed the
minimum amount of education prescribed in section 3687 for certification as an operator at
the grade level for which a renewed operator-in-training certification is requested.
(b) Except as provided in section 3682.4(d), a valid, unexpired Grade I operator-in-training
certificate may be renewed once for a two-year-three year period provided the operator-in-
training has passed an examination at the Grade I level or higher before the expiration of the
initial certificate and the operator-in-training's examination results have not expired.
(c)A valid, unexpired Grade 11 through Grade V operator-in-training certificate may be renewed
once for a twoyeaf-three-year period provided the operator-in-training has passed an
examination at that grade level or higher and the operator-in-training's examination results
have not expired.
(d) Following an initial renewal pursuant to subdivisions (a) or (b), and except as provided in
section 3682.4(d), a valid, unexpired Grade I though Grade V operator-in-training certificate
may be renewed repeatedly for additional two dear-three-year periods if the operator-in-
training has passed an examination at that grade level or higher and the operator-in-
training's examination results have not expired, and the chief plant operator submits a plan
for the operator-in-training to acquire the qualifying experience necessary to meet the
minimum qualifications for certification at the appropriate grade level under section 3687.
The plan shall include:
(1)the chief plant operator's original signature verifying:
(i)the applicant's qualifying experience acquired at that wastewater treatment plant; and
(ii) a description of the duties that the applicant performs and/or will be performing at that
wastewater treatment plant.
(2) information regarding qualifying experience the applicant may have acquired at another
wastewater treatment plant;
(3)the applicant's original signature;
(4) the average number of hours per week the applicant will be training at the wastewater
treatment plant to acquire qualifying experience;
(5) an estimate of the amount of time required for the applicant to acquire the qualifying
experience necessary to meet the minimum qualifications for certification at the
appropriate grade level under section 3687; and
(6) additional information, evidence, statements, or documents to support the application for
renewal as requested by the Office of Operator Certification.
2
(e)At least 60 days before the expiration of an operator-in-training certificate, the Office of
Operator Certification shall send a written notice of the expiration date to the chief plant
operator at the wastewater treatment plant where the operator-in-training is training and to
the operator-in-training. Failure to receive a notice of the expiration date does not relieve
the operator of the responsibility for renewing a certificate on or before the expiration date.
(f)An application for renewal shall include:
(1)the applicant's name, mailing address, grade level, and classification or title;
(2)the name, contact information, and signature of the chief plant operator of the
wastewater treatment plant where the operator-in-training is in training;
(3)the renewal fee prescribed in article 10; and
(4) if the operator-in-training is applying for a renewal certificate pursuant to subdivision (c),
a plan containing the information required by subdivision (c) submitted by the chief plant
operator at the wastewater treatment plant where the operator-in-training is training.
(g)Within 30 days of receipt of an application, the Office of Operator Certification shall notify the
applicant in writing whether the renewal application is complete or deficient. If there is a
deficiency, the Office of Operator Certification shall inform the applicant in writing of the
specific requirements necessary to complete the application. If the applicant does not
correct the deficiency within 60 days from the date of the notice of deficiency, the application
shall be denied.
Authority cited: Sections 1058 and 13627,Water Code.
Reference: Sections 13627 and 13628,Water Code.
Article 8. Certification of Wastewater Treatment Plant Operators
§ 3702.1. Issuance of Certificates.
(a)An operator certificate shall include:
(1)the operator's name and grade level;
(2)the certificate number;
(3) the issue and expiration dates of the certificate;
(4) the State Water Board seal;
(5) the name, "State Water Resources Control Board;" and
(6)the signature of a State Water Board member or designee.
3
(b) Upon successful completion of the application and examination process and within 30 days
of payment of the certification fee prescribed in article10, the Office of Operator Certification
shall issue an operator certificate. If an operator is employed at more than one wastewater
treatment plant, the Office of Operator Certification shall issue duplicate operator certificates
to the operator for posting at each wastewater treatment plant.
(c) The Office of Operator Certification may refuse to issue a certificate if it determines that the
applicant has committed any act in violation of this chapter.
(d) Operator certificates shall be valid for Me-three years from the date of issue.
Authority: Sections 1058, 13627, and 13628,Water Code.
Reference: Sections 13627 and 13628,Water Code.
§ 3702.2. Application for Certificate Renewal.
(a)An operator certificate may be renewed repeatedly for MG ear-hree-year periods.
(b)At least 60 days before the expiration of an operator certificate, the Office of Operator
Certification shall send a written notice of the expiration date to the operator. Failure to
receive a notice of the expiration date does not relieve the operator of the responsibility for
renewing a certificate on or before the expiration date.
(c)An application for renewal shall include:
(1) the applicant's name, mailing address, grade level, certificate number, and classification
or title;
(2) if employed as an operator, the name, telephone number, and mailing address of the
wastewater treatment plant where employed, and the name of the chief plant operator;
and
(3)the renewal fee prescribed in article 10.
(d) Within 30 days of receipt of a renewal application, the Office of Operator Certification shall
notify the applicant in writing whether the application is complete or deficient. If there is a
deficiency, the Office of Operator Certification shall inform the applicant in writing of the
specific requirements necessary to complete the application.
(e) If there is a deficiency, and the deficiency is not corrected before expiration of the certificate,
the Office of Operator Certification shall not issue a renewal certificate. After the applicant
pays the reinstatement fee prescribed in section 3717, the Office of Operator Certification
shall issue a new certificate if the requirements of section 3702.4 are met.
Authority: Sections 1058, 13627, and 13628,Water Code,
Reference: Sections 13627 and 13628,Water Code.
§ 3702.3. Issuance of Renewal Certificate.
(a) Within 30 days of receipt of a completed application for renewal and the renewal fee, the
Office of Operator Certification shall issue a renewal certificate or inform the applicant of the
reason the certificate shall not be issued.
4
(b) The Office of Operator Certification may refuse to renew a certificate if it determines that the
applicant has:
(1) operated a wastewater treatment plant with an expired operator certificate;
(2) operated a wastewater treatment plant at a grade level for which the applicant was not
certified; or
(3) committed any other act in violation of this chapter.
(c)A renewal certificate shall include:
(1) the operator's name and grade level;
(2)the certificate number;
(3)the issue date of the initial certificate and the expiration date of the renewal certificate;
(4)the State Water Board seal;
(5) the name, "State Water Resources Control Board;" and
(6)the signature of a State Water Board member or designee.
(d) The expiration date of a renewed certificate shall be#we-three years from the expiration date
of the certificate being renewed.
Authority: Sections 1058,13627,and 13628,Water Code.
Reference: Sections 13627 and 13628,Water Code.
§ 3702.4. Reinstatement.
(a) An expired operator certificate may be reinstated within one year following expiration if
the applicant applies for reinstatement as prescribed in this section.
(b) Experience acquired under the expired certificate shall be credited to the
reinstated certificate.
(c) An application for reinstatement shall include:
(1) all the information prescribed in section 3702.2;
(2) a signed statement regarding whether a certifying body or court, for any act associated
with performing duties at a facility that treats wastewater in a state other than
California, in a territory, or on land under the jurisdiction of an Indian tribe, provided the
duties are comparable to the duties of an operator or contract operator at a wastewater
treatment plant, has ever: taken final action to revoke or suspend the applicant's
certification or registration; taken final action to discipline or impose administrative civil
liability on the applicant or conducted an investigation regarding the applicant; or
imposed civil or criminal liability upon the applicant; and
(3) the renewal and reinstatement fees prescribed in article 10.
5
(d) The Office of Operator Certification may refuse to reinstate a certificate if it determines
that the applicant has:
(1) operated a wastewater treatment plant with an expired operator certificate;
(2) operated a wastewater treatment plant at a grade level for which the applicant was
not certified; or
(3) committed any other act in violation of this chapter.
(e) The expiration date of a reinstated certificate shall be tw three years from the
date of reinstatement of the certificate.
(f)A certificate that has been expired for more than one year shall not be reinstated. Upon
passing another examination at the appropriate grade level, an applicant whose certificate
has been expired for more than one year may apply for a new certificate in accordance with
section 3702.
Authority: Sections 1058, 13627,and 13628,Water Code.
Reference: Sections 13627 and 13628,Water Code,
Article 10. Pees
§ 3717. Operator, Provisional Operator, and Operator-In-Training Fees.
(a) Except for examination fees that are refundable pursuant to section 3700(e), all fees are
nonrefundable.
(b)Application fees for an examination are:
Qmdp b
rC7T'QdA 'k
arAdLQ IIFr Vv
�g
Gfade M. $44�r,
Grade V: $ 9
Operator Examination Application Fee Schedule
Grade Application Fee Re-examination
Application Fee
l 70 35
H 90 45
III 130 §q5
IV J140 70
V 140 70
6
(c) Examination fees are:
Grade-F $7B
Grace-N� X98
Grade $ -20
Gfade V� WG
Operator Examination Fee Schedule
Grade Examination Fee
I 50
II S65
III 165
IV 1225
V 1225
(d) The provisional operator certification fee is$47-0-$125. ^^.Except as
provided in subdivision (e), the operator and operator-in-training certification fees
are:
Grade-h
rmvr�rc -i-�
r r'vuc�rrr.
r_r�de-R� 2�a
�• 2-55
Fee Schedule for Operators and Operators-in-Training With a Single Certificate
Grade Certification Fee Triennial Renewal Fee
I Ll25 IL50
II 170 J150
III 225 150
IV 255 150
V 255 150
(e) Opwafnr and epeFatnr_iR UainiRg ner+ifir atinn renewal fear, are: Notwithstanding
subdivision (d), the certification fees for those operators who are applying for, or hold, two or
more valid, unexpired certifications issued by the State Water Board as a water treatment
operator, distribution operator, or wastewater treatment plant operator are:
Grade $474
Grade-k $23A
f_'r $3
Gr-Adc-INS $340
Gr;;dp V'
7
Fee Schedule for Operators and Operators-in-Traininq With Multiple Certificates
Grade Certification Fee per Triennial Renewal Fee per
Certificate Certificate
I JL5 110
II 125 110
III 170 110
IV 190 110
2 1
V 190 Li10
(f)The reinstatement fee for all grades levels is $100.
(g) The fee for replacing a lost, stolen, damaged, or destroyed certificate is $50.
(h) Applicants for an examination waiver shall pay an examination waiver fee of$100 in
addition to the certification fee.
Authority: Sections 1058 and 13628,Water Code.
Reference: Sections 13627 and 13628,Water Code.
8