5 Colo. Code Regs. § 1003-2-100.50
Provisions of section 25-9-104, 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 held a rulemaking hearing on April 29, 2014. After receiving testimony from the Division, CECTI, and members of the public, the Board voted to continue the hearing until its August meeting with direction to the Division to work with stakeholders in developing a revised proposal regarding the definitions of "certified operator" and the associated terminology. At the hearing in August, the Board adopted the Division's revised proposal regarding the certified operator terminology, which was discussed and agreed to by the various stakeholders. As discussed in more detail below, the Board determined that the Division's revised proposal helps to clarify the roles of "operators," "certified operators," and "certified operators in responsible charge," while maintaining consistency with the statutory definition of "certified operator." The Board further determined that it was necessary to revise Regulation 100 as follows:
Generally, the Board added clarifications where appropriate, deleted obsolete and redundant 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. Additionally, there were many instances where the term "certification" was used when the reference was more accurately referring to a "certificate." In those instances, "certification" was changed to accurately refer to a "certificate."
Section 100.1.1. The Board revised the statutory citation to match current practice.
Section 100.2. The Board revised the term "certified operator" to be consistent with the common understanding of this term within the profession. Accordingly, the Board now defines this term as including all operators in Colorado who hold a Certified Water Professional ("CWP") certificate. To accomplish this, within its definition of "certified operator," the Board revised its interpretation of an operator's having "responsibility for the operation" of a facility. The Board's previous interpretation referred only to those operators who were in charge of making process control and/or system integrity decisions that may affect public health or the environment. The revision construes the term more broadly to include all CWPs who, by virtue of holding a certificate, are qualified to perform various operational responsibilities at a facility.
The previous term "operator in responsible charge" was deleted and replaced with "certified operator in responsible charge." The Board determined that the new term was more appropriate to reflect the status of such operators. Within the definition, the Board clarified that "certified operators in responsible charge" have a higher level of responsibility at facilities because they are in charge of making process control/and or system integrity decisions that may affect public health or the environment. The Board also clarified its endorsement of the long-standing practice that facility owners may designate more than one person as the certified operator in responsible charge.
Finally, the definition of "operator" was revised to indicate that it is a general term that includes persons who may or may not hold a CWP certificate, and to delete the unnecessary word "supervises" to alleviate any confusion as to the general responsibilities or qualifications of an "operator." The Board made revisions to terminology throughout the regulation to be consistent with these changes to the definitions of "certified operator," "certified operator in responsible charge," and "operator."
Additionally, the Board moved definitions that are only used once in the regulation to the section of the regulation where the term is used. The definitions of "Board," "certificate," "department, and "domestic wastewater treatment facility" were changed to match the statutory definitions, and clarifying language was added to the term "training unit." The Board removed the definitions of "community water system," "non-transient community water system," and "non-community water system" because these terms are not specific to Regulation 100, and they are defined in the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.
Section 100.4. The Board removed as unnecessary the terms "community," "non-transient community," and "transient non-community" water systems in the section 100.4.2 table heading. In accordance with authority granted in § 25-9-104.4(2), C.R.S., the Board added section 100.4.5, which exempts water treatment facilities that are not public water systems subject to the Colorado Primary Drinking Water Regulations.
Section 100.6. The Board combined the stormwater permitted facilities with other facilities discharging under listed general industrial permits, requiring these facilities to meet the conditions for classification as Class 2 industrial facilities. With changes to the stormwater permit discharge limits, there is the possibility a facility may install active treatment to meet permit discharge limits. This change ensures that if that were to occur, the facility would be required to operate under the direct supervision of a certified operator in responsible charge.
Section 100.7.5. The Board added a provision that exempts water distribution facilities that fall within the jurisdiction of the "Water Well Construction and Pump Installation Contractors Act,"37-91-101 C.R.S. This provision was moved into the regulation from the Board's "De Minimus Distribution Systems" policy (July 20, 2003).
Section 100.9. The Board added the minimum passing score to the requirements for certification. The Board changed the minimum passing score for certification by examination to 70 percent at the April 2004 meeting. This decision is being incorporated in the regulation for clarity and transparency of the Board's expectations.
To improve the alignment of like provisions, the Board moved the provisions regarding restrictions on Class T and Class S Water and Wastewater certifications from section 100.9.2 (d), (e), and (f) to section 100.18.5(c), (d), and (f), which defines the minimum certification levels necessary for certified operators in responsible charge for each facility classification. Persons holding Class T and Class S certificates may serve as a certified operator in responsible charge only when all of the criteria in the relevant sections is met.
The Board made changes to the wording to increase clarity and readability. In addition, redundant language in section 100.9.9(c) was removed regarding the special rules for satisfying the minimum experience requirement for entry level certification in order to simplify the section.
Sections 100.10 and 100.11. For consistency, the Board changed the word "type" to "category" in sections 100.10.7 and 100.11.6. In addition, the terms "small water system" and "small wastewater system" were corrected in section 100.10.7 to be consistent with changes to the certificate names made in 2012. Class T was added to the list.
Section 100.13.1(a)(iii) and section 100.13.6. To ensure the Board has the most accurate operator contact information, the Board added the requirements to provide current contact information when applying for a new certificate and to update the Board upon a change to the contact information within 30 days of such a change.
Sections 100.13(e) and 100.16. The Board added language to clarify its expectations and to incorporate language from its policies and procedures regarding the following topics: renewal process for operators absent due to military service, delegation of tasks or activities, and duties of certified operators in responsible charge. These include the following Board policies: Policy 13-2 (USERRA), "Delegation of Tasks to Uncertified Personnel," approved September 24, 2002, and "Interpretation of Operator in Responsible Charge Duties," approved June 26, 2001.
Section 100.13.5(a)(i). The Board broadened the list of certifying authorities for applicants seeking to obtain a certificate by reciprocity by adding the general term "another certifying entity". This revision gives the Board discretion to consider certificates awarded by national or international water or wastewater professional organizations, such as the Association of Boards of Certification (of which the Board is a member), which offers professional certification for water and wastewater facility operators. The Board recognizes that this type of certification should be recognized and taken into account when evaluating an operator who applies for a certificate by reciprocity.
Section 100.15.6 and 100.20.1. The Board added the requirement for certified operators to conduct themselves in a professional manner when acting in the capacity of an operator, and included failure to do so to the list of offenses that may result in a Board disciplinary action. The Board made this addition to clarify its expectations with respect to a certified operator's obligation to uphold the integrity of the CWP profession while acting in such capacity.
Section 100.18.2 and 100.18.3. The Board clarified for facility owners its expectation regarding who may make process control decisions and who must be available to make those decisions. This change is consistent with section 100.30 (Statement of Basis and Purpose November 2000), which states: "In order to meet EPA guidelines, the Board required that all process control and/or system integrity decisions about water quality or quantity that may affect the public health or the environment be made by either an operator in responsible charge or another certified operator. This operator must be certified at a level equal to or higher than that of the facility."
5 CCR 1003-2-100.50