5 Colo. Code Regs. § 1003-2-100.51
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 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The board hereby adopts, 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 June 30, 2015. After receiving testimony from the division and members of the public, the board determined that it was necessary to revise Regulation 100 as follows:
Generally, the board made grammatical corrections, stylistic changes and used simple declarative sentences when possible to avoid confusion or ambiguity.
Based on the input received from stakeholders, no changes to the provisions regarding experience requirements of section 100.9.4 are being made at this time.
Section 100.2(11). The board added the definition for owner. Not all suppliers of water, permittees and co-permittees are the owners of the physical facilities. Defining owner in regards to Regulation 100 clarifies who is responsible for ensuring the facility is under the direct supervision of a certified operator in responsible charge when it is operating as required by section 100.18.1.
Sections 100.10. For clarification, the board changed the title and provisions of section 100.10 to clearly reflect that this section refers to the first of the two-step process of certification, to apply to sit for a certification examination.
Section 100.13. To ensure consistency, provisions of Regulation 100 that refer to the issuing of the certificate, payment of program fees and the period each certificate is valid were moved to section 100.13 "Introduction." For transparency, the board added the requirements to comply with section 24-76.5-101 et seq., C.R.S., often referred to as the lawful presence legislation when applying for new or renewed certificates.
Section 100.13.1, 100.13.2 and 100.13.5. For clarification, the board changed the headings and provisions of these three sections to clearly reflect they refer to the second of the two-step process of certification, the requirement to submit application for new or renewed certificates or to obtain certification by reciprocity.
Section 100.15.3. In August 2014, the board adopted revisions to section 100.20.1(j) to clarify that the board may take disciplinary action for failure to conduct oneself in a professional manner. In this proceeding, the board also adopted section 100.15.3 to include in the list of certified operators' duties the requirement to act in a professional manner. 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 100.16.5. The board removed responsibility from the certified operator in responsible charge duties for the management, administration, compliance with regulatory and permit requirements, and other responsibilities that require decision-maker action and approval, such as providing operational, technical and financial resources necessary for proper operation and maintenance of the water or wastewater facility. These responsibilities are implicitly and explicitly identified in other applicable regulatory and permit requirements as belonging to the owner of the facility. The board wanted it clearly understood that the certified operator in responsible charge is responsible for the professional operation and maintenance of the facility as appropriate to their certification level and working with the resources provided by the owner.
Section 100.18.1(a) and (b). For consistency and clarity, the board combined these provisions so the definition for direct supervision immediately follows the requirement for direct supervision by a certified operator in responsible charge.
Section 100.18.1 (b). The board defined how an owner designates the certified operator in responsible charge.
Section 100.18.3(a) and (b). For consistency and clarity, the board combined these provisions so the definition for available immediately follows the requirement for a certified operator in responsible charge to be available to make decisions and initiate actions that are reserved to the certified operator in responsible charge.
Section 100.18.4. For clarity, the board defined how an owner reports changes to the certified operator in responsible charge to the division. The division requires that current update forms be used. In addition, the board removed reference to certified operators in responsible charge being employed or contracted by the owner from sections 100.18.4 (b) and (c). There are other relationships that may exist between the owner and certified operators in responsible charge.
5 CCR 1003-2-100.51