5 Colo. Code Regs. § 1003-2-100.34
The provisions of sections 25-9-104(1)(a), (3), (4), (5), (6) and (6.5); 25-9-105; 25-9-106.3; 25-9-107; 25-9-108; and 25-9-110, C.R.S., provide the specific statutory authority for the adoption of these regulatory provisions. The Board also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The previous version of section 18, 5 C.C.R. 1003-2, made provision for the continuance of the certifications of water distribution and wastewater collection operators who are (as of January 30, 2001) currently certified under the voluntary certification program administered by the Colorado Water Distribution and Wastewater Collection Systems Certification Council by declaring, in section 100.18.1, that such certifications will be considered valid. Operators who have not been certified under the voluntary program have an opportunity to obtain either a full or a restricted certification under the provisions of section 100.18.2. No provision was made to address those operators who hold either expired voluntary certifications or who are under-certified for the level of their job responsibility. This amendment broadens the scope of section 100.18.2 to include such operators.
The original structure of the first paragraph of section 100.18.2 mixed provisions applicable to two distinct groups of operators: those currently operating water distribution and wastewater collection systems and those holding restricted water or wastewater treatment certifications valid under the previous version of these regulations. This admixture of subjects makes the language and interpretation of the existing regulation awkward. Therefore, a new section, 100.18.3, is appropriate. This section applies specifically to operators who hold currently valid restricted water and wastewater treatment certificates.
Section 25-9-104(6.5), C.R.S., vests the responsibility to investigate instances of possible operator misconduct with the Water Quality Control Division, not with an "other Board designee". Similarly, sections 25-9-110(3) through 25-9-110(6), C.R.S., vest enforcement authority for violations of section 25-9-110(2), C.R.S., with the Division. The enforcement of section 100.21, 5 C.C.R. 1003-2, is also vested in the Division. The original language of sections 100.23.3 and 100.23.4 of the regulation did not accurately reflect this placement of responsibility. The language adopted by the Board eliminates reference to designees of the Board as investigative agents.
Similar to subsections 100.23.3 and 100.23.4, this section was revised to eliminate the reference to designees of the Board, since the hearing in question would appropriately be held by the Board.
This subsection was revised to clarify that higher levels of water treatment certifications are acceptable for operators in responsible charge of transient non-community water systems. Therefore, for example, an operator with a level "D" water treatment certification may be an operator in responsible charge for a transient non-community system and need not hold a separate water distribution system certification. On the other hand, that operator must hold a level "1" or higher water distribution certification in addition to the level "D" water treatment certification to be a designated operator in responsible charge of a small water system. The Board intends that small systems may have a single operator with the required certifications, or may have multiple operators who together hold the required certifications.
5 CCR 1003-2-100.34