5 Colo. Code Regs. § 1003-2-100.49
Provisions of section 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
The Board determined that it is necessary to revise Regulation 100 to reflect the following changes:
Generally, the Board added clarifications where appropriate, deleted obsolete language, corrected referenced citations, and made grammatical corrections. Stylistic changes throughout the text of the regulation were made for uniformity and clarity. Where possible, the Board reorganized and combined like requirements into unified sections, i.e., section 100.9.9 describing the special rules for satisfying the minimum experience requirements for Class D, Class 1, Class S and Class T certifications. Because the minimum experience requirement is the same for all three classes, sections 100.9.9(a), 100.9.9(b), and 100.9.6 have been combined into 100.9.9.
Section 100.1. For consistency with other Department regulations, the Board added reference to the specific statutory authority of the Board to promulgate regulations.
Section 100.2. The Board added definitions for the "Colorado Discharge Permit System Regulation" and the "Colorado Primary Drinking Water Regulations;" modified the definition for "public water system" to be consistent with the definition in the "Colorado Primary Drinking Water Regulations;" deleted language in the definition of "operator" that was redundant with the section of the regulation pertaining to certified operator duties; deleted the definition for "small system" because this classification was renamed "Class S" in this rulemaking; deleted the definition for "transient non-community certification" because this term is no longer used; and modified the definition of "water treatment facility" to match the statutory definition, 25-9-102(7), C.R.S.
Sections 100.4.1, 100.5.1, 100.7.1 and 100.8.1. The Board recognizes the confusion resulting from the use of like terms, specifically:
Accordingly, the Board revised sections 100.4.1, 100.5.1, 100.7.1, and 100.8.1 to remove references to transient non-community system, small water system, and small wastewater system from the respective lists of facility classifications, and corrected the number of facility classification types in each section; and the sentence preceding the table in section 100.7.2 referencing small water system and transient non-community water system facility classifications was also deleted.
For clarity, the Board also changed the names of the following operator certifications: transient non-community systems to "Class T," small water system to "Class S," and small wastewater system to "Class S." Sections 100.9.2 (d), (e), and (f), containing requirements for certification by examination, define when Class T and Class S certifications are valid to operate a Class D/Class 1 facility.
Section 100.6. The Colorado Discharge Permit System is a self-reporting program, and the Board recognizes that large numbers of the permits issued to facilities that meet the requirements for the Class 2 industrial facility exemption under Regulation 100 are never used or are effective for only short periods of time. The Board also recognizes the inability of the Division to verify on an annual basis each facility's certification that it meets the requirements for the Class 2 industrial facility exemption.
Accordingly, the Board simplified the exemption process for Class 2 industrial facilities to reduce the regulatory reporting burden on the Division and on businesses operating within the State. A provision requiring facilities to notify the Division when they no longer meet the requirements of the exemption was added to ensure timely transition to operation under the supervision of a certified operator. The Board also added the new general "Pesticides" permit to section 100.6.1(b)(i)(C), and removed the specific industrial general permit numbers to prevent the need to modify the regulation each time the Division discontinues or adds to the permit numbering schema for the identified activity types.
Section 100.9, 100.10, 100.11, 100.12, 100.13, 100.14, 100.15, 100.16, 100.20, 100.21. The Board added language to clarify and to incorporate language from its policies and procedures regarding the following topics: certification requirements; minimum education and experience requirements; criteria for evaluation of experience; application procedures; substitution for the experience requirements; approval of training units, educational courses, and institutions; procedures for purchase of new certificates, renewal of certificates, and certificates by reciprocity; training unit requirements for renewal of certification; expired certificates; duties of certified operators duties of operators in responsible charge; facility owners' responsibilities, including the role of contract operators; and disciplinary actions, including clarified terminology and procedures.
Section 100.9.3 and 100.13.1. The Board recognizes the issues many small facilities face in ensuring they have trained certified operators. The Board also recognizes that the certified operator profession has an aging work force, and wishes to encourage dedicated young people to enter the profession. Accordingly, the Board added specific language regarding the examination and certification requirements for applicants participating in an approved high school program to encourage them to enter the water and wastewater fields. Specifically, the revised language allows a student to sit for an entry level certification examination prior to graduation from high school, with the provision that the certification will only be issued when the examinee successfully passes the examination and submits proof of graduation.
Section 100.13.1 The Board added a deadline of three years from the date of notification of certification eligibility to apply for the certificate. It is the Board's intention that after the three year deadline has expired, an individual would need to re-apply and retake the examination.
Section 100.13.5(a). The Board added the requirement that in order to obtain a certificate by reciprocity, persons passing exams in other states, territories, or countries must also acquire qualifying experience in the state, territory, or country in which they obtained their certificate. The Board wishes to maintain Colorado's high standards for operator certification, and this requirement is intended to deter persons (particularly Colorado-based operators) from taking certification exams in other states, territories, or countries as a means to more easily obtain a Colorado certification. The Board currently requires that exams taken in other states by reciprocity applicants must be adequate, validated, and "of a standard not lower" than Colorado's. The Board believes, however, that this additional requirement will help streamline the reciprocity process and make it less subjective in situations where an applicant could have taken an exam in Colorado, but instead chose to take it elsewhere with the intent to find a less challenging exam.
Section 100.14.2. For ease of reference, the Board consolidated the training unit requirements that were previously listed in narrative in this subsection into a table.
Section 100.18. The Board added the responsibility for a facility owner to ensure the employment agreement with a certified operator reflects the requirements of an operator in responsible charge. The Board also defined the decisions reserved to the operator in responsible charge and modified the reporting requirements of facility owners.
Section 100.18.5. For consistency with other changes in the regulation, references to Class S and Class T were added to the table regarding criteria for operators in responsible charge.
Section 100.19. In provisions regarding administration fees, the Board clarified that there is no additional fee for a standard 6 x 9 inch certificate, but that an additional fee of $5.00 will be charged for operators who opt for a larger size of certificate. Operators have had this option since 2008, but the Board believes it is appropriate to formalize this practice through its Regulations. The Board determined that the additional fee is necessary to cover postage and other incidental administrative costs associated with the larger certificate. The Board also added a $50 late fee for purchases of certificates 61 or more days after the date of the letter notifying the applicant of eligibility to receive certification and for renewal of a certificate after the expiration date. The Board found that the $50 amount is necessary and appropriate to cover administrative costs associated with delays in application for certification or certification renewal.
Section 100.21. For consistency with other Department regulations, the Board defined a timely appeal to the Board as submitting the request for hearing within thirty (30) days of notice of a decision by the Board's designee or the Division.
Section 100.25. This section regarding "Transitional Renewal Training Unit Requirements" was removed as obsolete.
The Board postponed the adoption of proposed sections 100.16.3(g), 100.16.3(h) and 100.16.4(a)-(f) regarding requirements for delegation of duties to uncertified personnel until a later rulemaking to allow time for additional stakeholder input.
5 CCR 1003-2-100.49