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 January 26, 2021. After receiving testimony from the division and members of the public, the board determined to revise section 100.14.5(d) regarding the certification requirements for applicants holding valid operator certificates from other certifying entities. The board also removed the term "reciprocity" throughout the regulation, replacing it with reference to "operators holding valid operator certificates from other certifying entities."
To provide greater flexibility for applicants holding valid operator certificates from other certifying entities, the board decided not only to issue certificates without examination to applicants who passed a Colorado-approved examination for the category and class of certificate requested with a minimum pass rate of 70%, but also waive the sequential testing requirement for applicants who have not passed a Colorado-approved examination but meet all other requirements delineated in section 100.14.5(d)(i). In this way, Colorado acknowledges the value of certificates issued by other certifying entities, while ensuring that operators who passed custom examinations possess the same knowledge, skills, abilities and judgment required of Colorado operators.
5 CCR 1003-2-100.60