N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-4.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-4.7 - Enforcement

(a) Upon notice and opportunity of a hearing, the department may suspend or revoke a certificate of an operator. Revocation or suspension will be based on fraud or misrepresentation by the certified operator; gross incompetence or gross negligence on a particular occasion or negligence or incompetence on more than one occasion; or mental or physical incapacity of the operator to perform his or her operating duties.

(1) Suspension of certificate.

(i) Grounds for suspension. A suspendable offense may include but is not limited to:

(a) selective sampling -- operator intentionally alters sampling period, in an attempt to collect samples that are not truly representative;

(b) sabotage of equipment -- intentional misuse or impairment of equipment necessary to maintain treatment and/or distribution;

(c) bribery or extortion -- operator accepts or offers bribes related to plant operations or uses his/her position as an operator to extort money or services from others;

(d) dangerous acts -- failure to take appropriate actions necessary to provide a safe and healthful workplace or directs staff to perform activities without proper safety equipment or training;

(e) misleads -- operator gives misleading statements to government officials relative to the operation of the treatment facilities and/or distribution system;

(f) lack of maintenance -- failure to maintain the treatment facilities and/or distribution system to an acceptable level despite having the resources and the means to properly maintain the facility and/or distribution system;

(g) lack of process control -- failure to utilize knowledge of process control techniques to optimize the operation of the treatment facility; and

(h) unauthorized modification of a facility and/or distribution system -- failure to contact the State and obtain approval when any modification of the facility and/or distribution system is made.

(ii) Suspension term. A suspension term will last for a period not to exceed three years and will be based on factors such as: number of acts committed, degree of physical or environmental harm resulting from acts, degree of cooperation and other relevant information. Three suspensions in any three-year period, time period starting with the effective date of the first suspension, will result in an automatic revocation.

(iii) Conditions of reinstatement. A certificate may be reinstated upon request from the suspended operator after the operator serves his/her suspension period and has completed necessary training and/or other suspension conditions prescribed by the State.

(2) Revocation of certificate.

(i) Grounds for revocation. A revocable offense may include but is not limited to:

(a) falsifying reports -- making false statements or notations on legal or official records required by the department;

(b) illegal bypassing -- bypassing the entire treatment facility and sending untreated water to the distribution system, without prior approval by the State;

(c) sample tampering -- knowingly collecting, preparing, or analyzing a sample that will yield results that are not representative of the actual water quality;

(d) coercion -- the operator uses his/her position to force another employee to undertake an appropriate or illegal act relating to treatment plant operation and/or distribution system;

(e) plant related criminal or civil charges -- the operator pleads or is found guilty of criminal or civil charges related to the operation of the treatment facility and/or distribution system; and

(f) equipment damage and harm to public -- the operator operates the facility in such a manner as to cause harm to equipment or the public that the operator had reasonably available means to avoid.

(ii) Condition of reinstatement. A certificate may be reinstated upon request from the revoked operator after the operator serves his/her revocation period and has met the requirements outlined in sections 5-4.3 and 5-4.5 of this Subpart, and other revocation conditions prescribed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-4.7