Section 1004 - Powers and duties(a) The board shall have the power and its duty shall be to: (1) Review and act upon applications for certification, recertification and renewal of certification of water and wastewater systems operators. All applications for certification and all applications for recertification must be accompanied by a report of criminal history record from the Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information). All operators certified on or before the effective date of this act shall submit a report of criminal history record from the Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91 with an application for renewal within three years of the effective date of this section pursuant to a schedule established by the board. The board may establish a schedule for subsequent submissions of a report of criminal history record from the Pennsylvania State Police. The board's decision shall be considered an action of the department and shall be appealable to the Environmental Hearing Board.(2) Administer such examinations prepared by the department as may be deemed necessary to determine the competency of applicants for certification and recertification. At least one examination shall be held each year at a time and place designated by the board. Whenever it is practicable to do so, the board and the department shall provide examinations which are based upon nationally accepted standards of practice which shall promote reciprocity with other jurisdictions.(3) Revoke, suspend, modify or reinstate certificates upon petition of the department. Upon receipt of such petition, the board shall promptly schedule a hearing and give due notice to the certificate holder of the time and place of such hearing. The board shall hold administrative hearings and issue adjudications in accordance with the provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action), known as the "Administrative Agency Law." The board's decision shall be considered an action of the department and shall be appealable to the Environmental Hearing Board. The board may revoke, suspend or modify a certificate for misconduct, including, but not limited to, negligence in the operation of a water or wastewater system, fraud, falsification of application, falsification of operating records, incompetence or failure to use reasonable care or judgment in performance of duties as specified in this act or other applicable laws administered by the department.(4) Receive and act upon complaints arising under its powers and duties.(5) Subpoena witnesses, records and other physical evidence. The board may enforce its subpoenas in Commonwealth Court.(6) Review, provide written comments and make recommendations to the department on such rules and regulations as are deemed necessary to implement this act prior to submission to the Environmental Quality Board under subsection (c). These comments and recommendations of the Certification Board, with appropriate response and comment from the department, will be presented as part of the department rulemaking package to the Environmental Quality Board.(7) Issue written orders, or modifications thereof, as may be necessary in connection with proceedings under this act.(8) Adopt bylaws as needed to properly direct and carry out the activities of the board.(9) Collect fees for examinations and applications for certification, recertification and renewal of certification.(10) Upon request, approve or disapprove department decisions regarding training for certification and continuing education for recertification and renewal of certification. Upon disapproval, suspension or revocation by the department, the board may approve training for certification and continuing education for recertification and renewal of certification.(11) Authorize the one-time reissuance of certificates by the department to all existing certified operators at the time revised regulations adopted by the Environmental Quality Board under subsection (c) take effect. The special certificate will reflect the revised operator certification classifications and subclassifications contained in the amendatory act and the revised regulations. There shall be no examination required for this one-time reissuance of operator certificates.(b) The department shall have the power and its duty shall be to: (1) Initiate proceedings before the board by petition as may be necessary and appropriate to modify, suspend, revoke or reinstate certificates, receive and process applications, prepare and validate examinations, make recommendations, issue certificates to applicants approved by the board and establish and implement such procedures as are necessary and desirable to carry out the provisions of this act, rules and regulations promulgated under it and orders of the board.(1.1) Issue written orders as necessary to owners or operators to comply with sections 5, 6 or 13 or to correct violations of the act.(2) Determine the number and class of water and wastewater systems which may be supervised by a single certified operator and issue orders requiring owners to employ the services of additional certified operators and such orders shall be made in accordance with this act and with the rules and regulations promulgated under it.(3) Compile and keep current a register showing the names and addresses of certified operators. Copies of this register shall be furnished on request upon payment of such reasonable fee as the department shall establish.(4) Enter into agreements, contracts or cooperative arrangements to carry out the purposes of this act, under such terms and conditions as may be deemed appropriate, with other Federal or State agencies, political subdivisions, public or private agencies or other persons, including agreements to give or receive financial and technical assistance. The department may delegate one or more of its powers and duties, including enforcement of the act, to local health departments under such terms and conditions as may be deemed appropriate; notwithstanding the grant of this power, in any case where administration and enforcement of this act by a local health department conflicts with the administration and enforcement by the department, the department shall notify the local health department of the conflict, and administration and enforcement by the department shall take precedence over administration and enforcement by a local health department.(5) With available funding, may reimburse water and wastewater system operators or owners for the costs of training and continuing education and certification as may be appropriate.(6) Approve, disapprove, suspend, revoke approval for and offer training for certification and continuing education for recertification and renewal of certification. The department may accredit sponsors providing training or continuing education on either a program basis or an individual activity basis. The department may approve the course content, instructor's qualifications and appropriate credit hours or continuing education units to be assigned in accordance with such specifications or guidelines the department may develop in consultation with the board and the Certification Program Advisory Committee. The department may audit, examine, inspect and review the operations of sponsors, including instructors, classes, curricula, teaching materials, facilities and other matters pertaining to the provision of training or continuing education in accordance with the department's guidelines. The department may establish and collect such fees for attendance at department-sponsored training and continuing education, which may include the cost of manuals and other training materials and services, and for approval of training and continuing education conducted by others, as may be reasonable and appropriate to recover the cost of providing such services. Department-approved training and continuing education, whether department-sponsored or not, shall satisfy the requirements of section 10(j) of the act of March 1, 1988 (P.L. 82, No. 16) , known as the "Pennsylvania Infrastructure Investment Authority Act."(c) The Environmental Quality Board shall have the power and its duty shall be to adopt such rules and regulations of the department as it deems necessary for the implementation of the provisions of this act, including, but not limited to, the following: (1) Set standards in regulation for certification, recertification and renewal of certification of water and wastewater systems operators, including minimum education, experience, training and continuing education requirements. Standards for operators shall take into account the size and complexity of the system. Standards for certification, recertification and renewal of certification shall be designed to meet the requirements of any applicable Federal or State law. The standards for certification, recertification and renewal of certification shall include training related to the security of water and wastewater systems. The standards heretofore prescribed by regulation shall continue in full force and effect until superseded and repealed by the rules and regulations promulgated pursuant to this subsection.(2) Establish appropriate periods, not to exceed three years, for renewal of certification in lieu of annual renewals. Annual renewals of certificates shall continue in full force and effect upon payment of the renewal fees heretofore prescribed by law in section 607-A of The Administrative Code until superseded and repealed by rules and regulations promulgated pursuant to this subsection.(3) Establish fees for examinations and applications for certification, recertification and renewal of certification as may be reasonable and appropriate to recover the cost of providing such services. When fees are set by regulation, the fees heretofore prescribed by law in section 607-A of The Administrative Code shall be deemed repealed.(4) Establish subclassifications within classifications for the certification of water and wastewater operators. When establishing subclassifications within classifications for certification, the size and complexity of the water and wastewater systems and the quality of source water or water systems shall be taken into consideration. A special site-specific certificate for operators of community water systems serving less than 150 connections or 500 persons, operators of nontransient noncommunity water systems and the operators of collection system facilities associated with wastewater systems may be established. The site-specific certificate is not transferable to any other system. An Operator in Training certificate for individuals who have passed the appropriate certification examination but need the required experience may be established.1968, Nov. 18, P.L. 1052, No. 322, § 4, effective 1/1/1969. Amended 2002, Feb. 21, P.L. 134, No. 11, § 5, imd. effective.