Section 11-61-3 - Certification of wastewater treatment plant operators(a) All wastewater treatment plants and segments of wastewater treatment plants which have been classified in accordance with, section 11-61-6, whether publicly or privately owned, used or intended for use by the public or private persons, shall at all times be under the direct responsible charge of an operator or operators whose competency has been certified by the director in a classification corresponding to the classification of the wastewater treatment plant or segments of the wastewater treatment plant to be supervised. The owner of a wastewater treatment plant is responsible for notifying the board whenever a facility initiates operation, major modifications are made to the facility, or changes to the certified operator(s) in direct responsible charge of the facility are made. Such notification shall be made in writing and shall be made within thirty days of its occurrence.(b) Reciprocity certification. (1) Certificates may be issued, without examination, for a comparable classification to any applicant who holds a certificate in another state, provided the requirements of that state are substantially equivalent to the requirements of this chapter, and provided reciprocal privileges are being granted by that state to certified operators of this State. However, in no case shall a certificate be issued unless the applicant received certification by taking a written examination in the state reciprocity is being requested from. The board shall approve the issuance of reciprocal certificates only to applicants employed or seeking employment in the State.(2) The applicant filing for an application for a certificate under paragraph (1) shall submit the following documents to the board along with the application: (A) A copy of the applicant's current certificate or other proof, satisfactory to the board, demonstrating that the certificate was issued by an agency of another state, territory or possession of the United States; and(B) A letter verifying employment or application for employment in the State.(3) If, after receiving such an application, the board is satisfied that the applicant qualifies for a certificate, it shall notify the applicant and issue a certificate upon receipt of the certificate fee.(c) Conditional certification. (1) The board shall no longer issue conditional certificates.(2) A conditional certificate shall be valid for use by the operator under the following conditions: (A) Only in the wastewater treatment plant for which the operator had responsible charge at the time of certification as long as the plant is not upgraded to a higher classification; or(B) At another plant similar in size and process as determined by the board. If the treatment facility is upgraded to a higher classification, the conditional certificate shall automatically be invalidated.(d) Temporary certification. (1) Temporary certificates for operator in training without examination may be issued as the board may deem necessary.(2) A temporary certificate may be issued to a certified operator in a lower grade, or an operator who is not certified but is accumulating experience under the direction of a certified operator in order to qualify for certification by examination.(3) The applicant for a temporary certificate must be able to meet the minimum educational and experience requirements to take the examination at the next higher grade prior to the expiration date of the temporary certificate.(4) Application for a temporary certificate must include: (B) A statement signed by the owner, which shall designate the applicant as the operator in direct responsible charge and shall specify plans for the applicant to acquire certification by examination; and(C) A statement from the directing certified operator identifying his/her certification number and detailing the extent of his/her direction and training of the applicant.(5) Temporary certificates for each grade shall not be valid for more than twenty-four months.(6) If eligible for temporary certification, the board shall notify the applicant and the owner.[Eff. 11/5/81; am 10/6/83; am and comp 1/22/2002] (Auth: HRS §§ 340B-7, 340B-11) (Imp: HRS §§ 340B-3; 340B-6, 340B-7, 340B-8, 340B-11, 340B-13)