Current through Register Vol. XLI, No. 19, May 10, 2024
Section 64-5-13 - Suspension and Revocation13.1. The Commissioner may suspend or revoke the certification of a wastewater operator if the individual:13.1.1. Uses fraud or deceit in obtaining certification;13.1.2. Fails to comply with this rule;13.1.3. Performs the duties of a wastewater operator in a grossly negligent or incompetent manner;13.1.4. Knowingly or negligently submits misleading, inaccurate, or false reports to the Commissioner; or13.1.5. Violates or causes to be violated, any portion of the WV Department of Environmental Protection's legislative rule, NPDES Program, 47CSR10, or the U.S. Clean Water Act.13.2. The Commissioner shall notify the certified wastewater operator and the employer via certified mail of a proposed suspension or revocation. The notification shall set forth the action proposed, the effective date, the reason, and the length of time of the proposed action.13.3. The suspension of a wastewater operator's certification is effective for an initial period of not more than one year, during which time the certification is not valid and the individual cannot operate a wastewater system. The individual shall obtain the CEHs required for that certification level, as if the suspension had not occurred.13.4. The revocation of a wastewater operator's certification is for a period of not less than one year during which time the certification is not valid and the individual cannot operate a wastewater system. After the period of ineligibility caused by the revocation has expired, the formerly certified wastewater operator shall pass the examination at the certification level previously held at a minimum to regain certification.