5 Colo. Code Regs. § 1003-2-100.39

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1003-2-100.39 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: MARCH 2003 RULEMAKING

Provisions of section 25-9-104(1)(a), C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2). 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 Board has determined that the following sections must be amended in order to correct errors and to clarify the intent of the Regulation: sections 100.1.1, 100.2(15), 100.2(16), 100.4.2 - footnote #1, 100.4.2 - footnote #3, 100.6.2, 100.7.2, 100.10.1, 100.10.2, 100.10.5, 100.11.1, 100.11.8, 100.14.1, 100.14.7, 100.19.1, 100.22.4, and 100.23.5. None of these amendments are intended to substantively modify the Regulation or to change the current practice of the Board.

Section 100.9.6, which details the experience requirements for certification, was reorganized to clarify the experience required for various certification levels. The Board also made explicit its long-standing practice of considering domestic and industrial wastewater treatment experience to be interchangeable for purposes of qualifying to sit for a certification examination.

The failed examination review required by statute (25-9-104, C.R.S.) is non-specific as to format; the Board has determined that the corresponding regulatory provision, section 100.11.5, shall likewise be non-specific as to format. This change permits the Board to accept the detailed, individualized analyses prepared by the examination provider as an appropriate examination review.

The Board has determined that the training required for certification renewal will have "core" and "supplemental" components. The amendment to sections 100.14.4 through 100.14.6 adopted by the Board clarifies the relationship between core and supplemental training, gives examples of core subject matter, specifically authorizes the granting of supplemental credit for non-listed topics, and reorganizes the sections so that they are more readily understood.

Section 100.18.3 is obsolete and substantively conflicts with the broad acceptance of prior certifications granted in section 100.9.1. The Board has determined that section 100.18.3 should be deleted.

5 CCR 1003-2-100.39

37 CR 18, September 25, 2014, effective 10/30/2014
38 CR 14, July 25, 2015, effective 8/30/2015
39 CR 01, January 10, 2016, effective 1/30/2016
39 CR 24, December 25, 2016, effective 1/30/2017
40 CR 14, July 25, 2017, effective 8/31/2017
41 CR 20, October 25, 2018, effective 3/1/2019
41 CR 24, December 25, 2018, effective 3/1/2019
42 CR 24, December 25, 2019, effective 1/14/2020
43 CR 21, November 10, 2020, effective 11/30/2020
44 CR 05, March 10, 2021, effective 3/31/2021
44 CR 09, May 10, 2021, effective 5/30/2021
44 CR 20, October 25, 2021, effective 11/30/2021