5 Colo. Code Regs. § 1003-2-100.57
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 November 27, 2018. After receiving testimony from the Division and members of the public, the Board determined that it was necessary to revise Regulation 100 as follows:
The Board adopted updates to the facility classification sections to provide clarity to the facility classification process, better align the classifications with operator certification testing, and update the facility classification sections to include currently accepted technologies. The Board's intent was not to change all facility classifications. In Colorado, there are over 2,000 public water systems, over 400 domestic wastewater facilities, and over 200 industrial facilities. The Board expects many facility classifications to be unchanged by the updates. The Board understands that the classification of some facilities will change. The Board specifically included a delayed effective date for any facility classification changes to existing facilities to assist with compliance. The Board also included provisions for a site-specific certified operator in responsible charge for some situations to provide additional time to assist with compliance.
As noted below, the Board added section 100.6 to include reclaimed water treatment and distribution systems. The existing sections 100.6 and greater were shifted to sections 100.7 and greater. Cross references to these later sections were modified to the new section numbering.
The purpose of the facility classification updates is explained in more detail below.
Reasons for Facility Classification Updates
The Board observed that there were increasing number of situations where the use of the classification sections to classify a facility was ambiguous, leading to possible different interpretations, and requiring Board involvement for what should be regular decisions by Division staff based on the regulation. The classification sections date from generally 20 years or more in the past and do not include many technologies that have been developed and used in facilities since that time. The Board also observed portions of the facility classification sections did not align with the testing criteria for the operator certification tests. Alignment of the operator certification testing and the facility classifications is important since the Board and the Division rely on the existing and future certified operator in responsible charge of a facility to have the level of understanding to responsibly operate the facility. Regarding the distribution and collection sections, in the year 2000 the Board stated that it intended that the Division would include complexities in classification, but the regulation language is unclear regarding how to include the noted complexities and the Board intended that the complexities be clarified in the future.
Determination of Classifications
The Board updated the classification sections based on best professional judgment of the stakeholder and Division recommendations considering the 2017 Need-to-Know Criteria developed by the Association of Boards of Certification (ABC), the organization responsible for the certification tests being used by Colorado, and minimum experience requirements for the operator certification levels. The Need-to-Know Criteria identify several types of knowledge that support job tasks associated with the particular certification with similar levels of test questions. The types of knowledge are rated at one of three levels to represent the extent of knowledge needed to perform the job tasks assigned to each content area in the criteria. The three levels are:
Although the Board included many technologies in the classification sections, the lists may not include every technology encountered in the future. In those situations, the list of technologies included in the facility classification sections are representative and the Board directs the Division to categorize other technologies consistent with the updated lists and classify facilities based on the similar technologies.
Optional Technologies
The Board determined that optional technologies installed at a facility are included in this important responsibility of the certified operator in responsible charge and must be included in the facility classification. Some stakeholders had expected that optional technologies installed at a facility, but not required for compliance, should not be considered for facility classification. This concern is an issue when the optional technology is more complicated than the other technologies in use at the facility and the facility classification would be lower if the optional technology is ignored during classification. When a technology is installed and could be used, the certified operator in responsible charge still needs to understand how to properly operate the technology and what interactions and potential impacts the optional technology can have on the other treatment technologies in use at the facility. A long-time requirement of Regulation 100 is for the certified operator in responsible charge to be certified at a level representing their ability to fulfill their responsibility for process control and/or facility integrity decisions about water quality or quantity or wastewater effluent quality or quantity that may affect public health or the environment.
Implementation of Updated Classifications
The Board, the workgroups, and the Division were aware the implementation of updated classifications will be a significant effort and that some certified operators in responsible charge may need to acquire a higher level certification. Therefore, the Board included a split schedule with an immediate effective date for new or substantially modified facilities and a two-year deferred effective date for existing facilities that are not being substantially modified. The extended period for existing facilities that are not being substantially modified will give the facilities and the Division time to develop methods for classifying, reporting, and confirmation and give certified operators in responsible charge time to acquire a higher level operator certification, if needed.
Site-Specific Certified Operator in Responsible Charge
The Board recognized that for some operators not located near teaching or testing resources, it can be difficult to get testing. Therefore, the Board added the ability for facility owners to request approval of a site-specific certified operator in responsible charge to give additional time to meet the operator requirements related to an updated facility classification for facilities that will not be substantially modified and are in three types of scenarios:
Automatic Exemptions, Section 100.1.5
In this rulemaking, the Board clarified automatic exemptions in section 100.1.5. Some public water systems are contained in a single building such that a separate distribution classification and operator are not needed. There are limited situations where there may be some water system piping outside the building, but a distribution system classification and operator is still not needed, such as between the treatment building and the single building or associated with an irrigation system protected by an approved backflow prevention assembly. The Board updated the water distribution system exemptions to clarify the situations where the distribution classification and operator are not required. The Board added four automatic exemptions. Two of the added exemptions clarify situations that are not part of the collection system definition, such as collection systems on the property of the owner of the domestic wastewater treatment facility and service lines from a building to the collection system. With the increased focus in society on the use of non-potable water, the Board added two more exemptions for non-potable water lines at a domestic wastewater treatment facility or reclaimed water treatment facility, and one for an industrial wastewater treatment facility, similar to the concept in the collection system definition of excluding the collection pipe system on the property of the treatment facility. The Board also clarified in section 100.1.6 that requests for discretionary exemptions be submitted to the Division for evaluation.
Materials Incorporated by Reference, Section 100.1.8
The Board added Section 100.1.8 Materials Incorporated by Reference to comply with the statutory requirements in the Administrative Procedures Act, 24-4-103 (12.5), C.R.S.
Definitions, Section 100.2.
The Board clarified and added definitions in section 100.2.
For the definition of "plant design flow," Regulation 100 previously included two terms for the same definition, depending on whether the context was referring to a drinking water treatment facility or a wastewater treatment facility. The definition for drinking water treatment was a flow rate and the definition for wastewater treatment was a daily flow capacity. The Board acknowledges the two terms were often confused by using one term to mean two different concepts within different sections of the regulation. The Board deleted the definition of "plant design flow" and created two separate definitions in its place. The new definitions are "plant design flow rate" for drinking water treatment and "plant design hydraulic capacity" for wastewater treatment. In addition, the updated facility classification sections include units of gallons per minute (gpm) for drinking water treatment and millions of gallons per day (MGD) for wastewater treatment, to further separate the concepts for the two definitions. These modifications do not change the long-term intent of the Board, but add clarity for users of Regulation 100.
The Board added definitions for "reclaimed water distribution system" and "reclaimed water treatment facility." In Colorado, there is an increased focus on the use of non-potable water derived from treated domestic wastewater, which is referred to as "reclaimed water" in water quality terms. The Board did not create a separate certification for reclaimed water. Instead, the Board included a classification section for reclaimed water that refers to existing classifications for domestic wastewater treatment, in some instances drinking water treatment, and drinking water distribution. The Board added definitions for "reclaimed water distribution system" and "reclaimed water treatment facility" to support the updated classification sections.
The Board added a definition for "significant industrial user," a term associated with pretreatment programs. The term is used in classifying collection systems as multiple significant industrial users can increase the complexity of operation and maintenance of a collection system.
The Board also adopted a definition for "site-specific certified operator in responsible charge," which is a term for a certified operator in responsible charge that the Division approves to be certified at a level less than the classification of the facility he or she is operating, for a specified limited period of time, provided specific conditions are met. The Board adopted this type of designation to provide some additional time to assist owners and operators in responding to facility classification changes for specific situations. See further discussion under section 100.10 below.
Water Treatment Facility Classification, Section 100.4.
The Board updated the content and format of the drinking water treatment facility classification section 100.4. In 100.4.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period.
The Board also modified the descriptions of the classification basis for drinking water treatment from descriptions that were more similar to drinking water regulations to a format listing treatment technologies and is more similar to the other classification sections. Each treatment technology is grouped under the headings of filtration, disinfection, and other treatment, although a technology might be used for different purposes than the heading.
In addition to modifying the technologies list, the Board clarified the plant design flow for drinking water treatment facilities. For drinking water systems, plant design flow rate means the approved maximum flow rate of the facility (instantaneous flow). The Board also adopted units for plant design flow rates for drinking water treatment facilities as gallons per minute. The plant design flow rate (gpm) heading in the classification table clarifies the flow rate within the table itself. The modifications should alleviate the confusion that surrounds which value to use in assessing a facility's appropriate classification. The Board also adopted new capacities for grouping classifications based on the recommendation of the stakeholder workgroup of operators.
The facility classification tables include specific classifications (i.e., letters D, C, B, A) assigned to treatment technologies based, in part, on the 2017 Need to Know Criteria published by the Association of Boards of Certification (ABC). The Board adopted a minimum facility classification level of C for drinking water facilities conducting surface water treatment, including sources that are groundwater under direct influence of surface water (GWUDI). This classification will change classification for systems with surface water treatment facilities that have bag or cartridge treatment that are currently have a D classification. The C classification was selected because the D level operator certification testing does not adequately cover the concepts for drinking water treatment of a surface water source. The D level operator certification covers simple chlorination of groundwater. It does not adequately cover the following topics: the importance of properly and continuously operating multiple barriers, log-inactivation of Giardia, or maintaining disinfection contact time levels given differing water quality conditions like changing temperature, pH, and alkalinity.
The Board also found that proficiency levels, as evidenced by the minimum experience required to initially qualify to test for a certification level, were necessary for each classification level in addition to passing the certification test for each level since certain types of technologies and larger systems require a more experienced operator.
During the stakeholder review of the workgroup proposals, some of the classification levels for various technologies (e.g. membranes) were questioned by stakeholders, including at higher flow rates. The workgroup met again to review and discuss the classification levels and decided that the proficiency levels necessary with each classification level, there is the minimum experience period required to initially qualify for a certification level in addition to passing the certification test. The workgroup wanted to remind the stakeholder community that experience cannot be ignored when setting minimum classification levels and higher flows necessitate a certain amount of experience in many cases. The Board concurred with this perspective of the workgroup.
Domestic Wastewater Treatment Facility Classification, Section 100.5.
The Board updated the content and format of the domestic wastewater treatment facility classification section 100.5. In 100.5.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period. The Board also moved the category D non-single family, indoor toilet and urinal flushing graywater treatment facilities to the new reclaimed water section of the regulation.
All but one row of the existing domestic wastewater treatment technologies were focused on secondary treatment (i.e., removal of total suspended solids and organic material as represented by biological oxygen demand or BOD tests). Since the tables were originally developed more than 20 years ago, the constituents being removed in treatment have increased (e.g., nutrients) and the effluent limits for constituents have decreased to low levels that necessitate advanced levels of wastewater treatment. To meet these more stringent treatment needs, newer technologies and combinations of technologies have been developed. Therefore, the Board adopted a format with a significantly longer listing of treatment technologies, grouped under headings representing the anticipated purpose of the technology including: preliminary, primary, secondary, and advanced treatment and the added purposes of: disinfection/inactivation, dechlorination, chemical addition, effluent discharge type, and solids handling.
In addition to adding technologies, the Board clarified the plant design flow for domestic wastewater treatment facilities. Although the design flow for drinking water systems means the approved maximum flow rate of the facility (instantaneous flow), the design flow for wastewater facilities means the design hydraulic capacity of the facility as a volume discharged in 24 hours. The Board created the definition "plant design hydraulic capacity" for wastewater treatment facilities and retained the units of million gallons per day. The plant design hydraulic capacity (MGD) heading in the classification table clarifies the hydraulic flow capacity within the table itself.
With the large number of wastewater technologies added, the Board chose not to modify the capacities for grouping classifications. The facility classification tables include specific classifications (i.e., letters D, C, B, A) assigned to treatment technologies based, in part, on the 2017 Need to Know Criteria published by the Association of Boards of Certification (ABC). The Board also found that proficiency levels, as evidenced by the minimum experience required to initially qualify to test for a certification level, were necessary for each classification level in addition to passing the certification test for each level since certain types of technologies and larger systems require a more experienced operator. The technology rows for the secondary treatment technologies in the existing regulation are the same in the updated classifications with one exception for the advanced treatment technologies. In the current classifications, the classification of a facility with treatment beyond secondary treatment moves to the level A classification above 4 MGD. In the updated classifications, the classification of a facility with treatment beyond secondary treatment moves to the level A classification above 1 MGD. The Board determined that the technologies represented by advanced treatments warranted an advanced/expert level of both testing and the minimum experience period required to initially qualify for a certification level at the size of a "major" facility, represented at the 1 MGD capacity in wastewater permitting.
The Board also determined that various methods of discharge, including increased uses of reclaimed wastewater, should be included in the classification of the treatment facilities based on possible risks and included a component to assess effluent discharge type during facility classification. When the effluent is being used as reclaimed water for outdoor uses, treatment beyond secondary limits (i.e., organic matter and total suspended solids) is required. As noted above, in the ABC 2017 Need to Know Criteria, the content questions are predominantly basic questions at the level C operator certification test and become intermediate questions at the level B operator certification test and advanced/expert questions at the level A operator certification test. The classification system follows this need for level B classification for advanced technologies beyond secondary treatment. When the effluent is being used as reclaimed water with indoor uses, it is expected that drinking water type technologies will be used to produce high quality reclaimed water. In this instance, the dual classification of wastewater treatment and drinking water treatment is indicated. As noted in the new reclaimed water section 100.6, there are situations where a reclaimed water treatment facility does not receive raw sewage, but receives treated effluent from a domestic wastewater treatment facility and could be classified as a drinking water treatment facility. If the separate reclaimed water treatment facility is classified as a drinking water treatment facility, the facility does not need the dual classification as wastewater treatment.
The Board determined that the proficiency levels necessary for complicated technologies and high risk situations should recognize the minimum experience period required to initially qualify for a certification level in addition to passing the certification test. Although some technologies used in both drinking water and wastewater treatment are classified differently, the testing content for drinking water treatment and wastewater treatment are different at different certification levels based on the 2017 Need to Know Criteria.
As the effluent parameters and treatment levels change over time, different technologies are being used at domestic wastewater treatment facilities. Some technologies are considered industrial technologies, for which it would be appropriate to have an industrial classification and be operated by an operator with an industrial operator certification. The updated facility classification table identifies these technologies in a row indicating those technologies require an industrial operator. Ideally, the certified operator in responsible charge for the domestic wastewater treatment facility with one of these technologies will have both the domestic wastewater treatment operator certification and also the industrial operator certification. There could be a situation at a facility where the certified operator in responsible charge for the facility has the domestic wastewater treatment certification, but may not have the industrial operator certification. At this time, there do not appear to be many domestic facilities with these industrial technologies. If a domestic facility has one of the industrial technologies and the certified operator in responsible charge for the facility has the domestic wastewater treatment certification but does not have the industrial operator certification, the Board anticipates an operator with the industrial operator certification will be available to and reporting to the certified operator in responsible charge for the facility who has the domestic wastewater treatment certification. The Board encourages the certified operator in responsible charge in a domestic wastewater treatment facility with an industrial technology to pursue and acquire the industrial operator certification. Although the addition to the updated classification table appears to create the situation, the situation could exist with the current classification and the update brings clarity to identifying what technologies are expected to be included under the domestic wastewater classification and operator, and which also require an industrial operator.
Reclaimed Water and Graywater Treatment Facility and Distribution System Classification, Section 100.6.
The Board added a new section 100.6 to clarify classification of facilities for reclaimed water distribution and reclaimed water treatment. The Board also moved the category D non-single family, indoor toilet and urinal flushing graywater treatment facilities to the new reclaimed water section of the regulation. Reclaimed water facilities, a subset of domestic wastewater treatment works, have been classified previously, but there was confusion regarding classification since Regulation 100 did not mention them clearly. In Colorado, there is an increased focus on the use of non-potable water derived from treated domestic wastewater, which is referred to as "reclaimed water" in water quality terms. The Board did not create a separate operator certification for reclaimed water. Instead, the Board included a facility classification section for reclaimed water that refers to existing facility classifications for domestic wastewater treatment, in some instances drinking water treatment, and drinking water distribution. Most reclaimed water treatment facilities are located at the wastewater treatment facility where sewage is received and treated and would be classified as a wastewater treatment facility. Some reclaimed water treatment facilities receive treated effluent from a wastewater treatment facility and treat the reclaimed water in a separate treatment facility with technologies that are similar to drinking water treatment technologies. For these facilities, the Board included an option for a reclaimed water treatment facility to be classified as a drinking water treatment facility allowing operation by a certified operator in responsible charge with a certification as a drinking water treatment operator. The Board anticipates that operator experience accrued at a reclaimed water treatment facility will align with the classification of the facility - wastewater experience if the facility is classified as a wastewater facility and drinking water experience if facility is classified as a drinking water facility.
Reclaimed water distribution systems will have pressurized pipe carrying highly treated water, having multiple tap connections, with concern regarding preserving water quality and preventing cross connections. Each of these factors is much more similar to drinking water distribution systems than wastewater collection systems. The Board did note create a separate operator certification for reclaimed water. Instead, the Board adopted the approach for reclaimed water distribution systems to be classified using the water distribution section and to be operated by a certified operator in responsible charge having an appropriate drinking water distribution certificate. Although the new section references the drinking water distribution system, a daily flow capacity has been included to substitute for population in step 1 of the distribution classification section. The complexities in step 2 of the drinking water distribution system classification section will also apply to the reclaimed water distribution system classification.
Industrial Wastewater Treatment Facility Classification, Section 100.7.
The Board updated the content and format of the industrial wastewater treatment facility classification section 100.7 (formerly section 100.6). In 100.7.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period. The section format is similar to the existing section with more technologies added to the tables at the various classification levels. Since the technology list was developed 20-30 years ago, there have been more technologies developed. In recent years, the oil and gas industry has implemented a number of technologies, new and old, that were not included in the existing table. A few industrial wastewater treatment technologies, such as chemical conversion oxidation/reduction reactions, can be a single step reaction, such as iron oxidation, or more complex multiple step conversion, such as cyanide destruction or hexavalent chromium reduction. The Board listed the technology in the classifications based on the complexity of the treatment.
As noted in section 100.36, in January 2002 the Board created the level D industrial wastewater treatment classification finding that some facilities process wastewater without chemical addition, without biological or mechanical processes, and normally require only the monitoring of otherwise passive physical processes. The Board established the level D industrial wastewater treatment classification shall consist of facilities whose wastewater handling is purely physical and is without routine chemical addition, biological treatment, or complex mechanical manipulation. The updated facility classification section maintains the distinction and clarifies that technologies without chemical addition may be a level D classification while the technology would require a higher level classification if chemical addition is included.
The Board clarified the automatic exemptions to include treated industrial wastewater recycled for industrial processes. With the future potential for some industrial treatment facilities to perhaps choose to use treated industrial wastewater for indoor uses other than industrial uses, the classification section was updated to include a provision similar to the reclaimed water section when the effluent is discharged into plumbing for indoor, non-process, domestic water uses. In this situation, a drinking water classification and operator would be needed (e.g., dual classification requiring drinking water certification as well as industrial wastewater certification) for indoor domestic uses. Whether a situation is exempt or requires dual classification will depend on ultimate use of water from the industrial treatment facility.
One stakeholder requested the ability for a domestic wastewater operator certification to substitute for compliance with an industrial wastewater classification at an industrial treatment facility with only biological methods in use to treat organic and inorganic constituents. Since this is expected to be limited to a few situations, the updated classification section does not reference substituting a domestic wastewater operator certification for this situation, but the situation could be addressed by an individual facility's request to the Board.
Water Distribution System Classification, Section 100.8.
Wastewater Collection System Classification, Section 100.9,
The Board updated the content and format of the water distribution and wastewater collection facility classification sections 100.8 and 100.9 (formerly sections 100.7 and 100.8). In sections 100.8 and 100.9, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period.
The Board adopted a two-step classification section for water distribution and wastewater collection. Step 1 is a classification determination based on population served. Step 2 includes an increase in the classification level, if the water distribution or wastewater collection system contains one or more of the complexities included in the updated classification section. The Step 2 complexity evaluation is not necessary for water distribution and wastewater collection systems serving a population greater than 25,000 people. The Step 2 complexity evaluation can increase, but not decrease a classification. A classification based on population in Step 1 would not be reduced based on a complexity in Step 2.
This approach is consistent with the Board's intentions when it originally adopted the distribution and collection system classifications. As noted in section 100.30, in November 2000 the Board chose to initially classify water distribution systems and wastewater collection systems based on population, which the Board believed serves as an adequate surrogate for general representations of complexity. Additionally, the Board provided that the Division can change the classification of any particular facility based on complexity factors. In practice, the complexity factors in the regulation could be subjective and were rarely used by the Division. The Board intended to revisit its initial classification scheme for water distribution and wastewater collection systems in a future rulemaking to include adoption of a classification system that will more accurately reflect the complexities and differences between the various types of distribution and collection systems. The distribution and collection workgroups evaluated the issue of complexities in distribution and collection systems from several perspectives including:
Specific complexities in drinking water distribution systems include number of pressure zones, number of entry points, type of chlorine residual in use, and presence of booster chlorine stations within a distribution system. Generally, the different complexities contribute greatly to the complexity of a water distribution system and the expertise required to consistently operate it. With such complexities, the numbers of cascading effects can grow exponentially for changing conditions. This cascade effect therefore requires the higher level of experience and certification.
Specific complexities in wastewater collection systems include a collection system having multiple medium size lift stations or at least one larger lift station. In the ABC 2017 Need to Know Criteria, the level of questions for the bulk of the lift station content areas and the sanitary sewer overflows are basic questions at level 1 operator certification test, include some more intermediate questions at the level 2 operator certification test, all intermediate questions at the level 3 operator certification test, with advanced questions becoming introduced at the level 4 operator certification test. The risk of sanitary sewer overflows increase with multiple lift stations and large lift stations and the higher testing and experience requirements for level 2 and 3 operator certifications represent the greater experience needed in these cases. Complexities in wastewater collection systems were also included for a collection system having multiple significant industrial users associated with a pretreatment program for the domestic wastewater treatment facility. Although the pretreatment program can be staffed by treatment operators at the treatment facility, the significant industrial users discharge non-domestic wastewater into the collection system and collection operators need to understand chemistry and other concerns associated with having multiple significant industrial users in a collection system. In the ABC 2017 Need to Know Criteria, the level of questions for chemistry, contaminants, corrosion control, etc. are basic questions at level 1 and 2 operator certification tests, include intermediate questions at the level 3 operator certification test, with advanced questions becoming introduced at the level 4 operator certification test. Higher testing and experience requirements for level 2 and 3 operator certifications represent the greater experience needed when multiple significant industrial users are present in the collection area.
Wastewater collection systems serving multiple properties and conveying the wastewater on to another sanitation district for treatment are satellite collection systems. Satellite collection systems are required to have a certified operator in responsible charge. This includes large mobile home parks where the homes are located on individually owned property lots. There has been confusion regarding when a collection system serving multiple buildings on a property having a single owner needed a certified operator in responsible charge for the collection system. A service line for an individual property is exempt, and it is reasonable for a similar service line for a few buildings to be exempt. As a collection system increases, it becomes reasonable for a private collection system to have a certified operator in responsible charge to adequately maintain and clean the collection system. To bring clarity to this situation, the Board adopted provisions identifying when a private satellite collection system is to be classified and expected to operate under the supervision of a certified operator in responsible charge, including both collection system pipe and possible lift stations.
Responsibilities and Duties of Water and Wastewater Facility Owners, Section 100.10.
The Board added a new portion to section 100.10 (formerly section 100.9) to allow for site-specific certified operator in responsible charge for some situations to assist owners and operators in responding to facility classification changes for specific situations. As noted above, the Board included an extended two-year deferred period before an effective date for existing facilities that are not being substantially modified to give the facilities time to understand the updated facility classification and time for the certified operator in responsible charge time to acquire a higher level operator certification, if needed. The Board determined that most operators will not need to change certifications or will be able to acquire the higher certification during the two year period. The Board recognized that for some operators not located near teaching or testing resources, it can be difficult to get testing. Under the allowance, a certified operator in responsible charge could be certified at a level less than the classification of the facility he or she is operating, for a specified limited period of time, provided specific conditions are met. Therefore, the Board added the ability for facility owners to request allowance for a site-specific certified operator in responsible charge to give additional time to meet the operator requirements related to an updated facility classification for facilities that will not substantially modify the facilities and are in three types of scenarios including:
The additional deferred periods for site-specific certified operators in responsible charge are based on several significant principles to maintain the integrity of the operator certification program. A facility will be properly classified in accordance with the facility classification sections. An operator will be certified based on the experience requirements and testing. During the transition, approval as a site-specific certified operator in responsible charge will provide time to allow the existing certified operator in responsible charge to get a higher certification, if needed based on the updated facility classification. During the additional period allowed to comply, the operators must maintain the on-going training required to renew the existing operator certification. If a higher level of certification is needed, the operators are expected to be studying and testing to acquire a higher level certification during the compliance period. The allowance for a site-specific certified operator in responsible charge is applicable to the current certified operator in responsible charge and does not apply to any other operator at or coming to the facility. The allowance for a site-specific certified operator in responsible charge does not apply to contract operators for a facility because contractors should be able to achieve higher levels of certification and are not subject to the same delays as fixed, rural communities. Any certified operator in responsible charge moving to a different facility must meet all the certification requirements for that facility. The allowances for a site-specific certified operator in responsible charge are not permanent. Although some stakeholders asked for permanent allowances for all existing operators at all existing systems, such a request is not compatible with U.S. Environmental Protection Agency requirements for operator certification programs.
5 CCR 1003-2-100.57