5 Colo. Code Regs. § 1003-2-100.43
The provisions of sections 25-9-104, 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 Board adopted revisions to a variety of provisions in this regulation in order to clarify the intent of certain provisions and to incorporate within the regulation the definitions of terms commonly used in the water and wastewater industries.
Definitions: Section 100.2.
Subsections 100.2(1), (7), and (9). The Board includes the definitions of "Bag or Cartridge Filters", "Conventional Filtration Treatment", and "Direct Filtration Treatment" in order to standardize the understanding of these treatment techniques as used in the water treatment facility classifications of subsection 100.4.2 of this regulation. The Board intends that these definitions be interpreted in a manner consistent with the Colorado Primary Drinking Water Regulation (5 C.C.R. 1003-1).
Subsection 100.2(17). The definition of "Plant Design Flow" is added to this regulation in order to clarify that the classification of a water or wastewater facility is to be based upon the capacity of the facility, as approved by the Division, and not upon the actual production of the facility.
Subsections 100.2(18) and (20). Definitions of "Primary Drinking Water Requirements" and "Secondary Drinking Water Standard" are included in order to remove the incorporation by reference of these terms in subsections 100.4.2(d),(e),(f),(g) and (h) of this regulation.
Subsection 100.2(23). The Board intends to clarify that the "Transient Non-Community" operator certification level, as described in subsection 100.19.2 of this regulation, covers only a specific subset of transient non-community public water systems.
Subsection 100.2(25). The Board intends that the term "validated examination", as used in section 100.11 of this regulation, be interpreted in a manner consistent with the federal guidelines for facility operator certification examinations (Federal Register, Vol.64, No. 24; February 5, 1999.)
Water Facility Classification: Subsection 100.4.2
Subsections 100.4.2(d),(e),(f),(g) and (h). Cross-references to provisions of the Code of Federal Regulations are deleted by this amendment. The definitions of the previously cross-referenced terms are explicitly added to this regulation as subsections 100.2(18) and (20).
Subsection 100.4.2(k). The criterion for the classification of water vending machines is amended to be consistent with the terminology used in other facility classifications in section 100.4.2 of this regulation.
Qualifications and Classifications for Certification of Operators: Section 100.9
Subsections 100.9.2 and 100.9.3. The Board intends that a demonstration, by the applicant for a certification examination, of skills equivalent to the General Equivalency Diploma (GED) may be substituted for the requirement that an applicant hold either a high school diploma or a GED.
Subsections 100.9.4 and 100.9.8(a)(iv) and (b)(iv). The Board intends to clarify that once specific experience or education is used by an applicant to fulfill a requirement for certification, that same experience or education may not be used to meet any other requirement for the same certification.
Application for Certification: Section 100.10
Subsections 100.10.4, 5, and 6.
The Board intends to clarify the process by which an applicant may request a re-review of his or her application. All application denial notices should include the specific grounds upon which the application was denied. Such notices should include sufficient detail to allow the applicant to supply relevant supplementary information to the Board's designee in a timely manner.
The timeframes allowed for an applicant to request an application re-review or to request an appeal of an application denial are specified.
The Board intends that all material to be considered during a re-review or during an appeal must be submitted at the time of the request for re-review. Appeals to the Board will be evaluated based upon the material available during the re-review of the application. Material submitted after the re-review will not be considered by the Board at an appeal hearing, unless the operator provides a showing why such information could not have been submitted earlier in the process.
Education and Cross Experience Substituted for Experience Requirements: Section 100.12
Subsection 100.12.1(a). The Board intends to clarify that any education credit claimed as a substitute for experience must be post-secondary education. The Board intends that education obtained at institutions such as community colleges and post-secondary technical schools is acceptable.
Subsections 100.12.1(b) and (c). The Board intends to clarify that an approved and completed program, for which the applicant has received a diploma or certificate, is to be counted as a whole when used as a substitute for education. Experience equivalencies should be credited as specified in subsection 12.1(a). Only when an approved course of study has not been completed should the relevancy of individual courses be evaluated and a course-by-course determination of equivalency determined.
Certificates: Section 13
Subsection 100.13.7. The Board deleted this subsection as not necessary to this regulation.
Training Unit Requirements for Renewal of Certification: Section 100.14
Subsection 100.14.1. The Board recognizes that many training courses are approved for credit in multiple fields. While an operator may not count the same material twice toward the renewal of a single certification, the Board intends that operators be granted credit for the full time he or she attended a course. For example, a water treatment operator attends a six-hour course offering 0.4 Training Units (TUs) in water treatment and 0.6 training units in water distribution. For the renewal of a water treatment certification, the operator may count a total of 0.6 TUs for the course: 0.4 TUs may be counted toward the core requirement in water treatment and 0.2 TUs of the credit approved for water distribution may be counted as "outside the field" credit.
5 CCR 1003-2-100.43