5 Colo. Code Regs. § 1003-2-100.44
The provisions of sections 25-9-104 and 25-9-108, 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
Subsections 100.9.2 and 100.9.3. It is the intention of the Board to reflect the intent of the Environmental Protection Agency (EPA) regarding the substitution of education and/or experience for the general prerequisite that a high school diploma or general equivalency diploma (GED) be held by all candidates for certification. EPA intends that candidates not meeting this prerequisite have education and/or experience beyond that which is required of other candidates. The Board has amended subsections 100.9.2 and 100.9.3 to clarify that (1) the GED is the only automatically acceptable alternative to a high school diploma and that (2) for candidates lacking a high school diploma or GED, there will be an additional experience and education requirement in order to qualify for examination. The choice of a six month period of additional experience is intended to reflect the experience equivalent of a full semester of academic credit as described in section 100.12.1(a) of this regulation.
Subsections 100.12.1(b)(i) and 100.12.1(c). While recognizing the value of all post-secondary education, the Board has revised these sections of the regulation to provide that programs or courses acceptable as a year-for-year substitute for up to 50% of the direct experience requirements of this regulation be limited to those that the Board has determined are directly relevant to the operation of water and wastewater facilities. The previous version of Regulation No. 100 allowed any "technically oriented" courses or programs to substitute for up to 50% of the experience requirement. Addition of the "directly relevant" language reflects the Board's intent to be more specific with respect to the types of programs or courses that may receive credit. The Board has adopted language from an ABC report on operator certification program standards to provide examples of the types of courses or programs that would be considered "directly relevant". The Board intends that its contractors will apply this provision in the first instance, subject to appeal and final determination by the Board.
Subsection 100.12.1(b)(ii). Although a degree that does not meet the criteria of section 100.12.1(b)(i) does not provide the specific background skills for entry into the water and wastewater professions, the Board recognizes that applicants who have completed a post-secondary degree program have demonstrated a set of learning abilities which should enable them to more efficiently acquire many of the skills normally developed by hands-on experience. The Board has determined, therefore, that a 25% education credit toward meeting the experience requirement is appropriate for applicants holding post-secondary degrees, regardless of the fields in which the degrees are granted.
Subsection 100.13.8. This section is deleted as duplicative of subsection 100.13.7.
Subsection 100.22.2. The Board has revised subsection 100.22.2 to modify the examination and administration fees. The previous $35.00 examination fee is inadequate to cover the actual cost of certification exams provided by ABC, including preparation and administration of those exams. Additionally, the previous administration fee of $50.00 is inadequate to cover the costs incurred in maintaining the database of operators, issuing and mailing certificates and other correspondence. The Board agrees with the CECTI and Certification Council proposal that it is more appropriate to increase the examination fee (to $45.00) and to increase the administration fee (to $55.00) for those obtaining a new certification by examination. The net result will be an increase of $15.00 in total fees for those passing a certification examination to obtain a new certification at a higher level. Those who take an examination and fail will incur a $10.00 increase.
The Board also agrees that it is appropriate to increase the administration fees at this time for those obtaining renewal certifications or certification by reciprocity from $60.00 to $70.00 to cover administrative costs. The Board also determined that it is appropriate to add a $20.00 fee to cover the cost of providing replacement certification documentation.
Water Distribution and Wastewater Collection Classifications
The Board has revised subsection 100.9.7 to include a level 3 certification requiring 3 years experience. Further, the Board has agreed to recognize current Class 3 operators as Class 4 operators and authorizes the issuance of operator certificates reflecting Class 4 certification. The Board has determined that this is appropriate, based on the four-year experience requirement previously in place for Class 3 operators and based on the content of the previous Class 3 examinations. Any current restricted Class 3 collection and distribution certification would become a restricted Class 4 certification.
The Board has revised subsections 100.7.2 and 100.8.1 to modify the current Water Distribution and Wastewater Collection Systems classification tables to address the complexity of very large systems. Class 3 systems will be changed from serving populations greater than 25,000 to serving populations from 25,001 to 100,000. The Board has added a Class 4 classification that serves populations greater than 100,000.
Corresponding revisions have been adopted for sections 100.14 and 100.21.
5 CCR 1003-2-100.44