Mo. Code Regs. tit. 10 § 60-14.020

Current through Register Vol. 49, No. 18, September 16, 2024

Section 10 CSR 60-14.020 - Certification of Public Water System Operators

PURPOSE: This amendment removes fee language from this rule and adds citations to new fee rule language in Chapter 16.

(1) Training and Experience Required for Certification.

(A) Actual drinking water treatment or distribution operating experience means the skills and knowledge acquired from making or acting upon day-to-day process control/system integrity decisions rather than from textbook study or supervisory observation. It means the applicant has actually operated a water treatment facility or distribution system, depending on the certificate sought. In addition, the applicant should have experience in some combination of water system operational tasks such as: sample collection, routine operational tests, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pressure adjustments, filter backwash, water main repair, disinfection and flushing and completion of operational reports.

(B) Equivalent drinking water treatment facility or distribution system operating experience means skills and knowledge acquired from education as described in this rule or work experience that has a substantial relation to drinking water treatment or distribution, depending on the certificate sought.

(C) In order to be eligible for a certificate, the applicant must have accumulated actual or equivalent operational experience and in accordance with Tables 1 and 2.

Table 1. Experience Requirements for a Water Treatment Certificate.

Certificate Level	Minimum Actual and Equivalent Experience
A	Five and one-half (5 1/2) years of water treatment facility operating experience (of which two (2) years may be equivalent)
B	Three and one-half (3 1/2) years of water treatment facility operating experience (of which one (1) year may be equivalent)
C	One and one-half (1 1/2) year of water treatment facility operating experience (of which one (1) year may be equivalent)
D	Six (6) months of water treatment facility operating experience (which may be equivalent)

Table 2. Experience Requirements for a Distribution Certificate.

Certificate Level	Minimum Actual and Equivalent Experience
DS-III	Three (3) years of water distribution system operating experience (of which one (1) year may be equivalent)
DS-II	One (1) year of water distribution system operating experience (of which six (6) months may be equivalent)
DS-I	Six (6) months of distribution system operating experience (which may be equivalent)

(D) Years of equivalent experience shall be computed from the criteria in Table 3.

1,	Graduation from an approved one (1) year certificate program in water/wastewaterteckology	1 year equivalent experience
2,	College level course in related field of chemicaftiological/ environmental or allied science or public health (grade C or better)	1 month equivalent experience per three (3) semester hours (maximum of 6 months of credit)
3,	Two (2)-year associate degree in related field (chemical/ biological/environmental or allied science or public health)	11/2 years equivalent experience
4,	Four (4)-year degree or Mglyer in related field (chemical/biological/environmental allied science allied sciences or public healtly, or civil, mechanical, electrical or related engineering degree)	2 years equivalent experience
5,	Department-approved water treatment taining course of at least forty-five (45) contact hours (4,5 CEUs)	1/2 year equivalent treatment facility experience per course (maximum credit of 1/2 years) (For multi-day courses, attendance of at least eighty percent (80%) of the course hours is required to receive credit)
6,	Department-approved water distribution system-training course of at least thirty-five (35) contact hours (3,5 CEUs)	1/2 year equivalent distribution system experience per course (maximum credit of year) (For multi-day courses, attendance of at least eighty percent (80%) of the course hours is required to receive credit)
7,	Successful completion of a department-approved correspondence course of at least forty-five (45) contact hours (4,5 CEUs)	1/2 year equivalent experience per course towards the appropriate type of certificate (maximum credit of 11/2 years)

(E) Equivalent experience credit will be given for department-approved courses developed in a modular format upon completion of all the modules.

(F) Vocational training related to water utilities will be considered for a maximum of six (6) months' equivalent experience credit.

(G) Upon submission of documentation to the department, the number of years of equivalent experience for formal or vocational training will be calculated.

(H) Documentation submitted for actual and equivalent experience credit consideration which does not fit previously mentioned criteria will be evaluated by the department based on time worked and the relationship to water treatment or distribution. While water system engineering, construction, and safety are water system activities, they are insufficient experience in themselves to be considered actual operating experience. Equivalent experience credit for the purpose of meeting the experience requirement is limited to the maximum years allowed in Tables 1 and 2 of this rule. (Note: The experience allowed for high school equivalency under subsection (1)(N) is in addition to this limit.)

(I) Examples of Actual and Equivalent Operating Experience.

1. Actual experience includes, but is not necessarily limited to, the following examples:

A. Experience in performing water system operational tasks such as: sample collection, routine operational tests, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pressure adjustments, filter backwash, water main repair, disinfection and flushing and completion of operational reports;

B. Experience in making or acting upon day-to-day process control/system integrity decisions;

C. Working as laboratory personnel within a public water system and performing analytical tests, interpreting the results and having the authority to determine needed process control changes qualifies as actual treatment experience;

D. Providing repair and maintenance of pumps, distribution system maintenance, pump station repair, mechanical equipment repair and installation, etc. will be credited with actual distribution and equivalent treatment experience;

E. Consulting engineers will be credited with actual operating experience for experience in making day-to-day process control/system integrity decisions regarding the water treatment facility or distribution system. In order for actual experience to be considered the engineer shall provide documentation of beginning and ending employment dates and the time worked involving these day-to-day process control/system integrity decisions. A letter of verification substantiating the nature of the operating experience from the owner or water manager of each system named shall be included in the application for certification; and

F. Managers and supervisors making process control/system integrity decisions regarding the treatment facility or distribution system will be credited with actual operating experience.

2. Equivalent experience.

A. Equivalent treatment experience includes but is not necessarily limited to the following examples:

(I) Consulting engineers conducting work in design and construction of water treatment facilities;

(II) Experience by individuals who perform wastewater analytical tests or drinking water analytical tests for others but do not interpret the results and determine the subsequent needed process control changes;

(III) Wastewater treatment plant operators; and

(IV) Swimming pool operation and maintenance involving water treatment will receive one-quarter (1/4) credit for actual employment time for a maximum allowable six (6) months of equivalent experience credit for water treatment certification.

B. Equivalent distribution experience includes but is not necessarily limited to the following examples:

(I) Consulting engineers conducting work in design and construction of water distribution systems;

(II) Public health officials who inspect public water systems;

(III) Water systems administrative personnel, such as secretaries, meter readers and clerks, etc. who perform such tasks as meter reading, billing and handling of complaints over the telephone, etc.;

(IV) A developer, contractor or employee who has assisted in the installation of water mains or the pump house, but who has not yet accrued actual experience operating the new distribution system;

(V) Experience by individuals within a public water system whose sole water system operational duty is sampling;

(VI) Plumbers will be credited with equivalent distribution experience only;

(VII) Wastewater collection system operators will be credited equivalent water distribution experience only.

C. Experience in the following areas will be credited with equivalent experience for both treatment and distribution certification:

(I) State department water system inspectors and engineers working with public water systems; and

(II) Boiler water and other industrial use water treatment.

3. Examples of work experience which may have a relationship to a public water system but are not generally considered for actual or equivalent operating experience credit.

A. A superintendent or manager of public works, water commissioner, mayor, board members, council persons or other management positions will not be credited as having actual experience if they perform only general administrative duties and do not make day-to-day process control/system integrity decisions.

B. Private laboratory personnel who only collect samples from public water systems will not receive actual or equivalent experience credit.

(J) Any person not possessing the necessary water system experience required for a particular level of certification may take the examination. Examinee's applications are not evaluated for adequate experience until after they have passed the examination.

(K) Upon successful completion of the examination, the individual will have to obtain the necessary applicable treatment or distribution system experience within eighteen (18) months from the date of the examination.

1. For all levels of examinations taken on or after August 1, 2001, examinees shall have eighteen (18) months from the date of the examination;

(L) If the necessary experience is not obtained within this time frame, the individual must reapply and reexamine.

(M) The minimum age for certification shall be eighteen (18) years.

(N) Education Requirement.

1. The minimum education requirement for certification is fulfilled by meeting any one (1) of the following conditions: a high school diploma; a general equivalency diploma (GED); successful completion of special department-approved training appropriate to the type of certification sought; or six (6) months of experience.

2. Training or experience used to meet the education requirement shall not be counted for equivalent experience credit. Training or experience used to meet the education requirement is not included in the maximum limit on equivalent experience in subsections (1)(C) and (1)(D).

(2) Application for Certification Examination.

(A) Application for certification examination shall be made to the department on forms provided by the department.

1. The completed application must be submitted to the department at least thirty (30) days prior to the examination date.

2. Failure to provide complete working experience information or academic transcripts with the application will result in no operating experience or education credit given for the incomplete items.

(B) The application fee for certification examination as a water treatment facility or a water distribution system operator shall accompany the application. The application fee is set forth in 10 CSR 60-16.040.

(C) An individual applying to take the certification examination will be allowed to reschedule two (2) times within one (1) year of the application date. After one (1) year from the date of the initial application, the individual must reapply as required in subsections (2)(A) and (B) of this rule.

(3) Examination.

(A) The examination application for each applicant must be approved by the department.

(B) A passing score of seventy percent (70%) is required to become certified.

(C) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60) days. The applicant must submit a new application for each examina-tion with the associated fee set forth in 10 CSR 60-16.040.

(D) Examination shall be held at a frequency of not less than four (4) times annually for the purpose of examining applicants for certification at a time and place designated by the department.

(E) Based on the subjects an operator needs to know for a particular type and level of certification, examinations shall contain, but not be limited to, questions pertaining to: the Missouri Public Drinking Water rules; general water systems knowledge; water quality; applied mathematics; chemistry; biology; environmental sciences; laboratory testing procedures; hydraulics; pumping systems; water storage facilities; system controls; backflow prevention; and water treatment or distribution system operation.

(F) Any examinee who fails a certification examination three (3) times and has not successfully completed a department-approved multi-day training course within the previous twelve (12) months that is appropriate to the type and level of certification being sought must do so prior to any further reexamination at that level.

(G) An individual holding a valid Missouri operator certificate shall not be allowed to take an examination of a type and level equal to or lower than their existing certificate.

(H) An examinee who has passed the exam for a particular type and level of certification but did not obtain the necessary experience within the time period allowed in subsection (1)(K) of this rule, will be allowed to reexamine for that level and type of certification.

(4) Certification Without Examination (Grandparenting).

(A) Grandparenting was permitted only to operators in responsible charge of systems that had not been required by the department to have a certified operator prior to August 1, 2001 and submitted an application for a grandparented certificate to the department prior to February 5, 2003. This includes operators in responsible charge of the distribution system whose responsibilities are separate from those of the operator in responsible charge of the treatment system.

(B) A grandparented certificate is valid only for the operator named on the certificate and only at the water treatment facility or distribution system named on the certificate. Any certificate issued under this provision shall be identified as restricted.

(C) If the classification of the treatment system or distribution system changes to a higher level due to design modifications, the grandparented certification will no longer be valid.

(D) If the grandparented certificate is allowed to expire, the operator must meet the requirements for regular, nongrandparented certification, including passing the appropriate examination.

(E) The operator may replace the restricted, grandparented certificate with a non-restricted water certificate appropriate to the water system's classification level at any time by passing the applicable examination and meeting the experience requirements.

(F) Grandparented operators must, within three (3) years of certification, meet all requirements for renewing the grandparented certificate. In order for a grandparented certificate to be renewed the following conditions must be met:

1. The water system owner must certify in writing to the department that the operator named on the certificate continues to be an operator in responsible charge for the public water system;

2. A completed renewal application and the associated fee set forth in 10 CSR 60-16.040 must be submitted for each certificate; and

3. The department-approved renewal training must be completed prior to the expiration of the certificate.

(5) Reciprocity.

(A) Certificates may be issued, without examination, to any person who holds a valid certificate attained by examination in any state, territory or possession of the United States or any country or any other certifying authority, if the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this rule and are at least as stringent as this rule.

(B) The operator requesting certification by reciprocity must have actual water treatment or distribution working experience with a public water system appropriate to the certification sought in the state, province, country, territory or other authorized area which issued the certificate for which reciprocity is requested.

(C) Within one hundred eighty (180) days after beginning employment with a public water system in Missouri, an operator shall apply for reciprocity on the form provided by the department and shall submit to the department the associated application fee set forth in 10 CSR 6016.040.

(D) Reciprocal certificates will not be issued to persons who are not employed with a public water system in Missouri. If employment with a Missouri public water system is dependent upon Missouri certification, the department will send a letter of intent to issue a certificate to the applicant. The letter of intent is valid for one hundred eighty (180) days provided that the certificate that the application is based upon remains valid. After that time, the applicant must reapply.

(E) The level of certificate issued will be determined by comparing the original certifying agency's requirements for certification to Missouri requirements.

(6) Certificates.

(A) Each applicant having met the requirements of a specific certification classification as outlined in this rule and having passed the appropriate examination shall be issued an appropriate certificate.

(B) A certified operator meeting the requirements for a higher level of certification by examination and experience, will be issued the higher level certificate. Upon this issuance, the certificate for the lower classification will become invalid.

(C) The certificate shall be issued for a three (3)-year period. Certificates shall be renewed according to the provisions of section (8).

(7) Denial, Suspension or Revocation of Certificate.

(A) The department may deny a certificate to an applicant if the individual is unqualified, has practiced fraud or deceit in applying for the certificate or has willfully violated any provision of 10 CSR 60.

(B) Based on the frequency and severity of violations of 10 CSR 60, the department may suspend or revoke the certificate(s) of an operator if it is found that the operator has practiced fraud or deception in obtaining the certificate, exhibited gross negligence, malpractice or incompetence in operating a public water system, sabotaged the water system, misled or lied to a government official regarding the water system, participated in sample tampering or selective sampling, falsified facility operating records or reports required by 10 CSR 60 or willfully violated 10 CSR 60.

(C) Suspension shall be for a period not to exceed one (1) year.

(D) Notice of suspension or revocation shall be issued by the department with service by hand delivery or through certified mail to the certified operator's last known address. The notice shall state the reason(s) for suspension or revocation, the effective date of the suspension or revocation and any action(s) that the certified operator may take to contest the suspension or revocation.

(E) Any applicant whose certification is denied, suspended, or revoked may appeal to the Administrative Hearing Commission as provided in section 621.250, RSMo.

(F) The suspended or revoked certificate shall be returned to the department by hand delivery, certified mail with return receipt, or registered mail.

(G) Any person wishing to become certified after revocation of a certificate may do so only by examination. Applications for examination to become certified may not be filed until one (1) year has elapsed following the date of revocation. Acceptance of any application for examination shall be at the discretion of the department.

(H) Certification by reciprocity or examination shall not be available to an individual whose certificate has been suspended or revoked until after the period of suspension or revocation.

(I) Operators with a suspended certificate will receive credit for department-approved training courses attended during the period of suspension.

(J) Should a suspended certificate be due for renewal during the period of suspension the operator shall submit the renewal application and fee prior to the expiration date. The renewed certificate will be held by the department until the end of the suspension period.

(K) No individual shall make water system process control/system integrity decisions or perform any duties requiring certification while their certificate is suspended or revoked.

(8) Certificate Renewal.

(A) All certificates issued by the department shall be renewed at least every three (3) years, unless prorated by the department to some other time frame.

(B) All training must be completed prior to the expiration date of the certificate and in accordance with subsection (8)(C). Only training approved by the department will be accepted.

(C) Before a certificate will be renewed, the applicant must submit documentation of training sufficient to meeting the minimum hours for the certificate level, as indicated in

Table 4.

Table 4. Minimum Training Required per Renewal Cycle.

Certification Level	Minimum Training Required
A	30 hours
B	30 hours
C	30 hours
D	20 hours
DS 111	30 hours
DS 11	20 hours
DS 1	10 hours

(D) The department will send a renewal notice to the applicant's last known address at least sixty (60) days prior to the expiration of the certificate. Failure of the department to notify the certified operator of the certificate's pending expiration does not relieve the certified operator of the responsibility for renewing the certificate. An individual is not certified with an expired certificate.

(E) An operator shall apply for renewal on the form provided by the department prior to the lapse of the operator's certificate. A completed renewal application and the associated fee set forth in 10 CSR 60-16.040 must be submitted for each certificate.

(F) Any certificate not renewed within the two (2) months following the expiration date will be considered lapsed. Any operator with a lapsed certificate will have to submit a new application and reexamine as provided in sections (3) and (4) of this rule.

(G) A late fee shall be charged for any certificate renewed after the expiration date as set forth in 10 CSR 60-16.040.

(H) If the department has received a timely and complete application for renewal, the individual possesses sufficient renewal training and, through no personal fault, the department is unable to issue a new certificate before the expiration date of the current certificate, the current certificate shall remain valid until the department issues its replacement or denies renewal.

(I) An operator shall notify the department in writing of any change in status including, but not necessarily limited to, a change of address, name, telephone number or employer. Submittal of E-mail address and fax number are encouraged. E-mail and fax communications are acceptable methods of written communications under this provision.

(9) All certification and examination fees submitted are nonrefundable and nontransferable.

10 CSR 60-14.020

AUTHORITY: section 640.100, RSMo 2000.* Original rule filed July 11, 1986, effective 1/1/1987. Rescinded and readopted: Filed July 15, 1991, effective 3/1/1992. Amended: Filed Nov. 15, 2000, effective 8/1/2001.

Amended by Missouri Register January 2, 2019/Volume 44, Number 1, effective 2/28/2019

Amended by Missouri Register November 15, 2021/Volume 46, Number 22, effective 12/31/2021

*Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999.