7 Del. Admin. Code § 7204-8.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7204-8.0 - Licensing

8.1 Issuance of a License

8.1.1 Upon satisfactory fulfillment of the requirements provided herein, and based on the recommendation of the Board, the Secretary may issue a license to the applicant. This license will indicate the level for which the Delaware wastewater operator has qualified.

8.1.2 A license may be issued, without examination, in a comparable classification, to any person who holds a current valid certificate or license in any jurisdiction, if in the judgment of the Board, the requirements under which the person's certification or license was issued, are of a standard not lower than that specified by these regulations.

8.1.3 A license shall be renewable every two (2) years unless revoked for cause, replaced by one of a higher level, or invalidated under subsection 8.1.4 below. Operator-In-Training and Temporary License renewals must be approved by the Board.

8.1.4 An applicant for a license renewal shall submit a complete application to the Department, on a standard form provided by the Department, pay the non-refundable application fee, and provide proof that the applicant has in the preceding two years, attended or satisfactorily completed a minimum of twenty (20) hours of approved training, of which: a minimum of ten (10) hours directly related to Wastewater Treatment Facility operations or maintenance, and a maximum of ten (10) hours indirectly related training that are approved by the Board. Failure to do so shall be grounds for invalidation. This requirement applies to all Level licenses, including Operator-In-Training Licenses and Temporary Licenses.

8.1.4.1 The Board will maintain and make available a report of approved/denied continuing education training courses. Approved courses will be reflected as directly or indirectly related to Wastewater Treatment Facility operations or maintenance.

8.1.4.2 Duplication of directly related courses in consecutive renewal periods will be denied.

8.1.4.3 Hours for approved on-line courses will be given for actual time of courses as indicated on the certificate of completion.

8.1.4.4 Delaware Licensed Wastewater Operators who teach an approved continuing education training course will receive the advertised hours for the course.

8.1.5 A Delaware Licensed Wastewater Operator whose license is invalidated, per subsection 8.1.4 above may be re-issued a license of like level, provided:

8.1.5.1 Less than two (2) years from date of invalidation, the Wastewater Operator meets the requirements of subsection 8.1.4 above with the addition of a non-refundable late fee, (the license shall be issued on the date of approval); or

8.1.5.2 Greater than two (2) years from date of invalidation, the Wastewater Operator shows appropriate proof of competency (i.e. operating experience) by submitting a complete application to the Department, on a standard form provided by the Department, pay the non-refundable application fee and provide proof of successful completion of a written examination within the previous three (3) years.

8.1.6 Operator-In-Training License - An applicant who desires to become licensed and does not meet the experience or educational requirements may, with the approval of the Board, receive an Operator-In-Training (OIT) license, pending fulfillment of these requirements, provided the appropriate examination has been successfully passed within the previous three (3) years. A holder of an OIT license may, only with the recommendation of the Board be allowed to be in DRC (in accordance with Section 4.0) of a Wastewater Treatment Facility on a temporary basis, until the requirements are met; up to a maximum period of two years.

8.1.7 Emergency License - Based on the recommendation of the Board, the Secretary may issue an Emergency License, when it is demonstrated to the satisfaction of the Secretary, that the owner is unable to hire a Delaware Licensed Wastewater Operator in spite of good faith efforts. The applicant for an Emergency License shall meet specific requirements as set forth by the Board. Such licenses may be issued with special conditions or requirements deemed necessary to protect the public health and the water resources of the State. An emergency license shall be valid only for that facility or system for a period of one (1) year, and may be renewed for a maximum of one (1) additional year, when extreme extenuating circumstances are shown and concurred with by the Board.

8.1.8 Temporary Level I OIT License - Based on the recommendation of the Board, the Secretary may issue a Temporary License to an applicant who desires to become licensed and does not meet the experience or educational requirements, and has not successfully passed an appropriate examination within the previous three (3) years. Upon passing the State examination, and/or fulfillment of the educational requirement, applicant is eligible for the appropriate Level I License. In order to be considered for a Temporary Level I OIT License, the applicant:

8.1.8.1 Must be employed (or have documented evidence of promise of employment) as a Wastewater Operator in Delaware.

8.1.8.2 Must, at all times, work only under the immediate direction of a Delaware Licensed Wastewater Operator.

8.1.8.3 Must pass the Delaware Wastewater Operator State Examination within two (2) years of issuance of the Temporary License.

8.1.8.4 A Temporary Level I OIT License is valid for two (2) years, and may only be extended with Board approval.

8.2 Suspension and Revocation of License - The Secretary may suspend or revoke the license of a Delaware Licensed Wastewater Operator, after considering the recommendation of the Board, when it is found that the Delaware Licensed Wastewater Operator has practiced fraud or deception; that reasonable care, judgment, or the application of knowledge or ability, was not used in the performance of the Delaware Licensed Wastewater Operator's duties; or that the Delaware Licensed Wastewater Operator is incompetent or unable to perform duties properly. The Board shall hold a hearing before making its recommendations.

8.3 Additional Persons Licensed as DRC - The Secretary may determine, due to the size of the facility, shift operation, or other influencing factors, that more than one (1) operator shall be required to be in DRC at a given facility.

8.4 Additional Wastewater Facilities

8.4.1 Application may be made to the Secretary to operate more than one Wastewater Treatment Facility, and must include justification and capabilities. The Board will evaluate the application in accordance with the "Approval for a Wastewater Operator to Operate More Than One (1) Wastewater Treatment Facility" established in Table 2 of these regulations.

8.4.2 Any person considered in DRC of more than one (1) Wastewater Treatment Facility may be required to be licensed in a level higher than the classification of those facilities in the operator's charge. The level of a Delaware Wastewater Operator's license may be further increased depending upon the total number of facilities under the DRC of the Delaware Licensed Wastewater Operator. The Board will recommend, with the consent of the Secretary, the level of the Delaware Wastewater Operator's license in accordance with these factors.

7 Del. Admin. Code § 7204-8.0

21 DE Reg. 900 (5/1/2018) (Final)