118.01.21 Ark. Code R. 003

Current through Register Vol. 49, No. 10, October, 2024

Rule 118.01.21-003 - Rule 3, "Licensing of Wastewater Treatment Plant Operators"

Rule No. 3Licensing of Wastewater Treatment Plant Operators

CHAPTER ONE: GENERAL PROVISIONS

Rule 3.101Authority

Arkansas Code Annotated (A.C.A.) § 8-5-205 authorizes the Pollution Control and Ecology Commission to adopt implementing rules necessary to effectuate the powers and duties of the Wastewater Licensing Committee.

Rule 3.102Scope of Rules

The purpose of this Rule is to establish requirements for the training, classification, qualifications, and licensing of operators of wastewater treatment plants and for other purposes.

Rule 3.103Definitions

All terms included in this section shall have the same meaning as established by A.C.A. §5-201 unless more specifically defined.

Approved Training - Training reviewed and approved by the Committee that meets the requirements for wastewater training under this Rule.

Commission- The Arkansas Pollution Control and Ecology Commission.

Committee, Licensing - The committee, appointed by the Arkansas Pollution Control and Ecology Commission, was created and established to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division in the administration of the wastewater operators licensing program.

Division - The Division of Environmental Quality, or its successor.

Direct Training - Training hours in subjects directly applicable to the field of wastewater treatment processes, collection, pumping, or management.

Domestic Wastewater - means the spent wastewater originating from all aspects of human sanitary water usage.

Executive Secretary - The Division of Environmental Quality employee appointed by the DEQ Director to administer the wastewater licensing program on behalf of the Committee and the Division.

Indirect Training- Training in applicable subject matter, such as personal operator safety, water treatment and distribution, plumbing inspection, or cross-connection control certification courses.

Industrial Wastewater Treatment Facility- means a privately owned wastewater treatment plant for treating liquid wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resources. A facility shall be classified as "industrial" if no significant part of the wastewater is classified as municipal or domestic wastewater.

Municipal Wastewater Treatment Facility- means a treatment facility generally includes the treatment of domestic, commercial, and industrial wastes.

Operator - Any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of their regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of such plant. "Operator" shall not be deemed to include an official solely exercising general administrative supervision.

Wastewater Treatment Plant - means any plant, disposalfield, lagoon, pumping station or other works:

(A) That use chemical or biological processes for:

(1) Treating, stabilizing, or disposing of sewage, industrial wastewaters or other wastewaters; or

(2) The reduction and handling of sludge removed from such wastewater, and

(B) From which:

(1) A discharge to the waters of the state occurs, or

(2) Municipal wastewater is land-applied.

CHAPTER TWO: LICENSING COMMITTEE

Rule 3.201Licensing Committee Composition

The Wastewater Licensing Committee is created and established to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality (DEQ) in the administration of the licensing program. The committee shall be composed of eight (8) members:

(A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the Division and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by corporations or industries for service on the committee;

(B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position;

(C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in the state whose major field is related to water resources or sanitary engineering; and

(D) One (1) member shall be the Director of the Division of Environmental Quality, or a qualified member of the Director's staff, who shall act as executive secretary of the licensing committee.

Rule 3.202Licensing Committee Powers and Duties

(A) The Licensing Committee shall have the power and duty to:

(1) Establish such administrative policies and guidelines as necessary to carry out the powers and duties of the Committee.

(2) Conduct such inquiries and establish findings necessary to advise the Commission and the Division on irregularities encountered in the management of the licensing program.

(3) Conduct such inquiries and establish such facts as necessary to advise the Commission and the Division on the actions of licensees.

(4) Recommend such administrative sanctions as necessary to promote the professional integrity of wastewater licensees.

(5) Adopt such criteria as the Committee may deem necessary to define the areas of competence for each classification of operators and to establish criteria, make determinations, and recognize substitutions of equivalency, education, or experience as it deems appropriate.

(6) Review and approve training programs to satisfy the requirements of this Rule.

(B) Executive Secretary Powers and Duties

The Executive Secretary works on behalf of the Committee and the Division and shall:

(1) Administer licensing examinations;

(2) Collect fees;

(3) Process licenses and renewals;

(4) Review training requests and make recommendations; and

(5) Complete other duties as required to carry out the responsibilities of the Committee and the Division.

CHAPTER THREE: REQUIREMENTS FOR LICENSURE

Every owner of a wastewater treatment plant is required to employ a licensed operator with a license classification at least equivalent to the treatment plant's classification as determined in accordance with Chapter 5 below. Anyone whose regular job duties may directly affect the process operation of the wastewater treatment plant must obtain a license under this Rule.

The training and qualifications required for each class of license is set forth below:

Rule 3.301Requirements for and Classification of Licensed Municipal Wastewater Operators

(A)Apprentice License

(1) Issued for a maximum of six (6) months; and

(2) Issued only once; and

(3) The receiving operator must have never been previously licensed under this Rule.

(B)Class I License

(1) High school graduate, GED or equivalent; and

(2) Satisfactory completion of forty (40) hours of approved training or equivalent or substitute training as determined or defined by the Wastewater Licensing Committee and

(3) Satisfactory completion of a Class I examination.

(C)Class II License

(1) Hold a Class I or equivalent license; and

(2) Satisfactory completion of a total of eighty (80) hours of approved training or equivalent or substitute training as determined or defined by the Wastewater Licensing Committee; and

(3) Two (2) years of experience in wastewater treatment or related field; and

(4) Satisfactory completion of a Class II examination; and

(5) Have satisfactorily carried out the responsibilities of a Class I operator.

(D)Class III License

(1) Hold a Class II or equivalent license; and

(2) Satisfactory completion of a total of one hundred twenty (120) hours of approved training or equivalent or substitute training as determined or defined by the Wastewater Licensing Committee; and

(3) Completion of a total of three (3) years of experience in wastewater treatment or related field; provided, that at least one (1) year shall have been in wastewater treatment plant operation; and

(4) Satisfactory completion of a Class III examination; and

(5) Have satisfactorily carried out the responsibilities of a Class II operator.

(E) Class IV License

(1) Hold a Class III license or equivalent for at least three (3) years; and

(2) Satisfactory completion of a total of two hundred (200) hours of approved training; and

(3) Completion of six (6) years of experience in wastewater treatment; provided, that at least two (2) years shall have been in direct charge of a wastewater treatment plant or one of its major components; and

(4) Satisfactory completion of a Class IV examination; and

(5) Have satisfactorily carried out the responsibilities of a Class III operator.

Rule 3.302Requirements for and Classification of Technical Operators

(A)Class I or II Technical (T) License

(1) Satisfactory completion of requirements Rule 3.301(B)(l), (2) and (3) or Rule3.301(C)(1), (2) and (4) of this section chapter, respectively; and

(2) Be currently employed in a related supporting occupation, e.g. employment by the Division of Environmental Quality, or the Arkansas Department of Health.

(B)Class III or IV Technical (T) License

(1) Satisfactory completion of requirements Rule 3.30 l (D)(1), (2) and (4) or Rule 3.301(E)(l), (2) and (4) of this section chapter, respectively; and

(2) Be currently employed in a related supporting occupation.

(C) Persons licensed under this section shall not be licensed as operators of wastewater treatment plants or any portion thereof.

Rule 3.303Requirements for and Classification of Special Operators

(A) A licensed Professional Engineer is entitled to examination for any class license through Class III. Other educational and/or work experience may qualify an operator for similar consideration by the Committee.

Rule 3.304Requirements for Industrial Wastewater Operators

(A) Apprentice License

(1) Issued for a maximum of six (6) months; and

(2) Issued only once; and

(3) The receiving operator must have never been previously licensed under this Rule.

(B) Basic Industrial License

(1) High school graduate, GED, or equivalent; and

(2) Satisfactory completion of a total of twelve (12) hours of approved training or equivalent or substitute training as determined or defined by the Wastewater Licensing Committee; and

(3) Satisfactory completion of the Basic Industrial Wastewater Operator examination.

(C) Advanced Industrial License

(1) Hold a Basic Industrial License; and

(2) Satisfactory completion of twenty-four (24) hours of approved training or equivalent or substitute training as determined or defined by the Wastewater Licensing Committee; and

(3) Satisfactory completion of the Advanced Industrial Wastewater Operator examination.

Rule 3.305License Class Requirements

Any operator wishing to obtain any wastewater operator license must fulfill the license class requirements. Any industrial operator that changes employment to a municipal, or any municipal operator that changes employment to an industry, must fulfill the license class requirements to obtain that license.

Rule 3.306Multiple License

(A)Fulfill Class Requirements

Any operator that wishes to hold multiple licenses (a municipal license and an industrial license), must fulfill all of the requirements of both classes.

(B)Multi-License Renewals

Those operators that hold multiple licenses may use the same renewal hours for more than one license.

(C)Multi-License Fees

Those operators that hold multiple licenses must pay renewal fees for each license held to keep those licenses current.

Rule 3.307Conversion to the New Industrial Wastewater Operator License

(A) On the effective date of the rule, grandfathering into the new Industrial Wastewater Operator License will be allowed, based on the level of the wastewater examination the operator has successfully completed.

(1) Current holders of a Class I or II Municipal and Industrial Wastewater Operator Licenses will grandfather into the Basic Industrial Wastewater Operator License.

(2) Current holders of a Class III or IV Municipal and Industrial Wastewater Operator Licenses will grandfather into the Advanced Industrial Wastewater Operator License.

(B) Operators who have successfully completed the Industrial Wastewater Operator examination will grandfather into the Advanced Industrial Wastewater Operator License.

(C) Current holders of Municipal Wastewater Operator Licenses that have never held an Industrial Wastewater Operator License, may receive a new Industrial Wastewater Operator License, as described in Rule 3.307(A)(1) or (2). To receive a new license, a written request must be submitted to the Executive Secretary of the Arkansas Wastewater Licensing Committee within one year of the effective date of the rule.

(D) After one year (1) of the effective date of this rule, the requirements of Rule 3.304(B) must be met in order to obtain a Basic Industrial Wastewater Operator License.

(E) On the effective date of this rule, all previously issued Industrial Wastewater Operator Licenses will no longer be valid.

CHAPTER FOUR: TRAINING

Rule 3.401Training Certification

All training to meet the requirements of this Rule must be approved by the Committee as outlined in this Rule. Training approved and certified by the Committee to meet the requirements of this Rule shall be directly related to wastewater treatment, unless otherwise identified in this Rule. Trainers shall submit requests for training approval and certification to the Committee via the Executive Secretary.

Rule 3.402Responsibility of Operators and Trainers

It shall be the responsibility of each operator to verify that the training meets the requirements of this Rule. It is the operators'/trainers' responsibility to notify the Committee's Executive Secretary that training was satisfactorily completed.

Rule 3.403Training Requirements

(A)License Renewal

(1) A minimum of twenty-four (24) hours, or 2.4 Continuing Education Units (C.E.U.), of approved wastewater training must be obtained per two year renewal period.

(a) At least twelve (12) of the approved training hours must be in subjects directly applicable to the field of wastewater treatment processes, collection, pumping, or management. The remaining twelve (12) hours of approved training may be indirectly applicable subject matter, such as water treatment and distribution, plumbing inspection, or cross-connection control certification courses.

(b) The Arkansas Water Works and Water Environment Association's monthly district meetings and safety training courses will be considered as directly or indirectly applicable training hours upon the Executive Secretary's approval as set out above. In order to avoid disapproval of direct training hours, District Chairs and course instructors/providers are encouraged to submit proposed training for approval prior to the meeting or training session.

(2) Training obtained to meet these requirements may also count toward the additional training needed for higher license classifications.

(B)Higher Education Substitution

Higher Education courses may be applied to meet the wastewater training requirements in the following manner:

(1) General Education classes:

(a) Undergraduate: 1.5 semester hours= 1.0 wastewater training hour

(b) Graduate: 1.0 semester hour= 1.0 wastewater training hour

(2) Directly applicable classes; e.g., Biology, Chemistry, etc.:

(a) Applicability will be determined by the Committee

(b) Undergraduate: 1.0 semester hour = 4.0 wastewater training hours

(c) Graduate: 1.0 semester hour = 6.0 wastewater training hours

(3) Correspondence courses taught from the California State University-Sacramento (CSU-S) wastewater training curriculum will be allowed credit of four (4.0) training hours per chapter of wastewater training received for each completed volume.

(4) Course grades must be a "C" (Average) grade or higher to substitute for wastewater training.

(5) Proof of course credit must be submitted on an official transcript, or a copy of an official transcript, from a school accredited by the North Central Association of Colleges and Schools or equivalent accreditation recognized by the Arkansas Department of Higher Education.

(6) Other courses or equivalent correspondence will be considered on a case-by-case basis as determined by the Committee.

CHAPTER FIVE: TREATMENT PLANT CLASSIFICATION

Rule 3.501Licensure Requirements for Treatment Plants

Any person who operates a wastewater treatment plant, in whole or in part, and who, during the performance of their regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of such plant shall be licensed under this Rule.

All wastewater treatment plants shall have available a licensed operator to make operational decisions for the plant. This operator must be licensed at an equal or greater classification than the plant's classification established by this chapter.

Rule 3.502Classification of Municipal Wastewater Treatment Plants

Plants that treat domestic sewage for public health will be classified under this section. Package plants and sequencing batch reactors (SBRs) will be classified on the basis of each individual component (blower, activated sludge, clarification, disinfection, etc.)

(A) Each facility shall sum the total of rating points for each classification factor below, and based on the sum of all applicable rating points, the wastewater treatment facility shall be classified as:

(1) Class I- Individual, single-dwelling houses that treat domestic sewage only.

(2) Class I - 01 - 25 rating points.

(3) Class II - 26 - 49 rating points.

(4) Class III - 50- 74 rating points.

(5) class iv- 75 or greater rating points.

(B)Classification Factor Rating Points

Equivalent population served (1 point per each 2000 population)

Equivalent Population shall be calculated as:

Flow in MGD X Influent Biochemical Oxygen Demand (BOD) X 8.34 divided by 0.17. (The maximum rating for this factor shall be 40.)

Collection systems:
Lift station, one or more ...........................................................	5
Vacuum collection system..........................................................	10
Preliminary Treatment:
Screens / Bars .........................................................................	2
Comminutor..........................................................	3
Grit removal .............................................................................	5
Clarification:
Primary settling and sludge removal .........................................	4
Secondary settling and sludge removal. ....................................	6
Lagoon/Pond/Natural Systems:
Stabilization/Holding pond(s).....................................................	10
Aerated lagoon(s)/Natural systems..............................................	12
Fixed Film Systems (Rotating Biological Contactor, Trickling filter):.	12
Suspended Growth Systems:
Activated sludge:
Mechanical aeration / Diffused air. ...............................	20
Pure oxygen ................................................................................	25
Neutralization .............................................................................	5
Tertiary Treatment:
Chemical treatment.......................................................................	20
Filtration......................................................................................	15
Nutrient removal ..........................................................................	20
Disinfection:
Chlorine ......................................................................................	5
Ozone..........................................................................................	7
Ultraviolet Light (UVL) .............................................................	5
De-chlorination ...........................................................................	5
Sludge Treatment:
Thickening or dewatering...........................................................	6
Aerobic Digester.........................................................	6
Anaerobic digester(s).................................................................	20
Drying bed ...................................................................................	4
Chemical conditioning.................................................................	10
Vacuum / coil filter(s) / centrifuge / composting ......................	8
Sludge heating...........................................................	5
Dissolved Air Floatation (DAF)-unit(s)......................................	10
Sludge lagoon(s). .......................................................................	6
Sludge disposal:
Land application .........................................................................	4
Land application of effluent with no direct discharge. .........................	6

(C)Classification Change

Should this revision of this rule change the classification of a plant to a higher classification, the facility will be allowed two (2) years from the effective date of the revised rule to allow operator(s) to acquire the higher operator classification. If circumstances warrant and the Division receives a written request so justifying, a classification may be adjusted by the Director to serve the intent of the rule as long as it assures environmental protection. Permit modifications will be required to effect such a change.

Rule 3.503Classification of Industrial Wastewater Treatment Plants

A wastewater treatment plant shall be classified as industrial if it is a privately owned wastewater treatment plant for treating liquid wastes, resulting from any process of industry, manufacture, trade or business or the development of any natural resources. A facility shall be classified as "industrial" if no significant part of the wastewater is classified as municipal or domestic wastewater. The distinction between Basic and Advanced Industrial Wastewater Treatment Plants will be classified according to the following:

(A) Basic Industrial Wastewater Treatment Plants will consist of carwashes, sedimentation, oil and grease separation, pH adjustment, aeration ponds, or similar basic wastewater treatment processes.

(B) Advanced Industrial Wastewater Treatment Plants will consist of activated sludge, treatment of metal finishing wastestreams, sedimentation/clarification with chemicals, dissolved air flotation, or similar advanced wastewater treatment processes.

(C) If circumstances warrant and the Division receives a written request so justifying, a classification may be adjusted by the Director to serve the intent of the rule as long as it assures environmental protection. Permit modifications will be required to effect such a change.

CHAPTER SIX: ADMINISTRATION

Rule 3.601Administration

The wastewater licensing program shall be administered by the Executive Secretary of the Committee.

(A)Initial Licensing and Examination:

(1) Any person desiring to take a license examination for which that person is eligible must file an examination application with the Executive Secretary of the Committee at the Division of Environmental Quality (DEQ).

(2) A combined examination and licensing fee of $40.00 must accompany the examination application. All fees must be paid and an application approved no less than five (5) business days prior to the test date. If an applicant has not taken the examination within sixty (60) days of the requested test date, the $40.00 fee is not refunded. If an examination must be repeated, an additional $20.00 examination fee shall be required.

(3) An application may be denied if the operator has falsified any information required in the exam application.

(4) A score of seventy percent (70%) or greater will be considered a passing score. Licenses will be awarded to those who obtain a passing score.

(a) Applicants who pass the examination, provided that all other licensing and examination requirements (education, experience, etc.) are met may proceed to the next level of licensing examination without a waiting period.

(b) Applicants who fail to pass the examination may repeat the examination after a three (3) month waiting period.

(5) Examination Score Appeals

(a) To appeal an examination score an operator shall notify the Executive Secretary of the Committee in writing of intent to appeal within thirty (30) days after notification of the examination score.

(b) The appellant will be notified in writing within fifteen (15) working days of the date and time the examination may be reviewed with the Executive Secretary at the DEQ licensing office.

(c) If, after the review, the operator's appeal is unsatisfied, the appeal may be referred to the Committee at the next scheduled meeting.

(B)License Renewal:

(1) Renewal period - Licenses are valid for two (2) years (July 1 - June 30), with the renewal period beginning on July 1.

(2) Renewal Requirements - Licenses may be renewed without examination provided that the training requirements, as set forth in Rule3.403(A) (1), are met. An operator with a revoked license will require the approval of the Licensing Committee before any action can be taken.

(3) An operator whose license(s) is/are in suspension will not be sent a renewal while in suspension. The operator is responsible for requesting a renewal form at the end of the suspension. All training hours, renewal fees, and late fees will apply to the license(s) at that time.

(4) Fees - A license renewal fee of $40.00 must accompany a renewal request to be submitted to the Executive Secretary. A $10.00 late fee shall be assessed to renewals paid after the due date.

(C)Implementation of Act 544 of 2007 - In order to implement Act 544 of 2007 and to be synchronized with the Arkansas Drinking Water Operator Licensing program, the following schedule applies with the prorated renewal fees and training requirements:

(a) The next renewal period is January 1, 2008 through June 30, 2009. The renewal fee for this eighteen (18) month period will be $30.00 per license, and a minimum of 18 hours of approved wastewater training, at least 9 direct.

(b) The biennial renewal period will begin July 1, 2009 and training requirements are as listed above in Rule 3.403.

(D)Lapsed License - Any operator in good standing, who allows their license to expire for over one (1) year will be required to take a new examination before license consideration. The class at which the operator shall be re-examined will be at the discretion of the Committee. Any other operators with lapsed l icenses due to revocation or suspension will be required to take a new examination, if approved by the License Committee, for license reinstatement.

(E)Apprentice License - An application for licensure must be submitted to the Executive Secretary with a fee of $10.00 for an apprentice license.

(F)License Reciprocity - Operators who hold a wastewater license in another state may be granted an Arkansas license based on their current credentials.

Reciprocity may be considered by the Committee on a case-by-case basis. The following minimum requirements must be met before consideration:

(1) The operator must have sufficient training and experience to qualify for the requested class in accordance with this Rule.

(2) The operator must have taken and passed a written examination for the equivalency that was administered by the authority for which reciprocity is requested.

(3) The operator must be currently licensed by a certification authority that recognizes the State of Arkansas wastewater licensing program.

(4) A written request for reciprocity with an accompanying $40.00 research fee must be submitted to the Executive Secretary.

Approved reciprocity licenses may be maintained by renewal as per this Rule.

(G)Revocation or Suspension of License:

(1) The director of the Division of Environmental Quality, upon recommendation from the Licensing Committee, may revoke or suspend the license of an operator should the committee find that the operator:

(a) committed fraud in the application for a license or in the performance related to duties under a license;

(b) failed to exercise reasonable care, judgment or application of knowledge in the performance of the duties and responsibilities;

(c) is incompetent, unable or unwilling to perform the required duties;

(d) intentionally caused a violation of the licensing requirements or related law;

(e) falsification of state, local or federal water quality related permits or records; or

(f) creating a clear potential threat to public health, safety and /or the environment.

The time and conditions of suspension shall be at the discretion of the Director.

(2) If the Director determines that a license should be revoked or suspended, a Notice of Revocation or Suspension shall be filed with the Commission and served upon the operator. Service shall be notified by certified mail, with restricted delivery, of a Notice of Suspension or Revocation. A copy of same shall also be sent to the owner of the facility which employs the operator unless the facility is owned by the operator. The operator shall have the right to appeal the Notice and request a hearing. Procedures for the filing and conducting of an appeal shall be governed by Pollution Control & Ecology Commission Rule Number 8.

CHAPTER SEVEN: EFFECTIVE DATE

Rule 3.701Effective Date

This Rule shall be effective ten days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research.

118.01.21 Ark. Code R. 003

Adopted by Arkansas Register Volume MMXXI Number 12, Effective 12/25/2021