Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 290.
PUBLIC DRINKING WATER
The Texas Natural Resource Conservation Commission (commission) proposes
the repeal of Chapter 290, Subchapter B: §290.27, General; §290.28,
Definitions; §290.29, Administration; §290.30, Qualifications; §290.31,
Applications; §290.32, Examinations; §290.33, Certificates; §290.34,
Training Approval; §290.35, Reciprocity; and §290.36, Fees; and
proposes the repeal of Subchapter C: §290.37, Processing Permit Applications
for Public Drinking Water Operations.
In simultaneous rulemaking, the commission proposes to move these provisions,
with changes, into new sections of 30 TAC Chapter 325. Until June 1, 2001,
public water system certified operators and public water system operations
companies will follow essentially the requirements as are proposed for repeal
from Chapter 290, Subchapter B and proposed as new provisions in Chapter 325.
The United States Environmental Protection Agency (EPA) established water
certification standards and developed federal requirements. These requirements
were effective February 5, 1999 (64 FR 5916), and were issued under the authority
of the Safe Drinking Water Act Amendments of 1996, 42 United States Code (USC) §§300f
et seq.
In addition to repealing the provisions of Chapter 290, Subchapters B and
C, and moving the provisions to Chapter 325, other modifications are also
proposed. The commission also proposes in Chapter 325 new provisions which
are consistent with EPA's requirements. On June 1, 2001, water operators,
water operations companies, and public water systems in Texas will be required
to comply with the concurrently proposed rules in Chapter 325, Subchapters
A and B. The new provisions proposed in Chapter 325 for immediate compliance,
as well as the new provisions proposed in Chapter 325 for compliance by June
1, 2001, are discussed in Chapter 325 in the Proposed Rules section of this
issue of the
Texas Register
.
An extension of time is being created by the compliance requirements in
Chapter 325. This extension is needed to allow public water systems to hire
additional operators, if necessary, and to allow operators to attend training
courses and take the required examinations to become certified and compliant
with the new proposed rules.
This action is associated with the commission's notice of intention to
review the rules contained in Chapters 290, Subchapter B and C, and 325, in
accordance with Texas Government Code (TGC), §2001.039; and the General
Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which
require state agencies to review and consider for readoption each of their
rules every four years.
The commission proposes the notice of intention to review the rules in
Chapter 290, Subchapters B and C, Public Drinking Water, as well as in Chapter
325, Certificates of Competency, as mandated by TGC, §2001.039; and the
General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999,
which require state agencies, every four years, to review and consider for
readoption each of their rules that were adopted under the Administrative
Procedure Act. A review must include an assessment of whether the reasons
for the rules continue to exist.
The commission has conducted a preliminary review of the rules in Chapter
290, Subchapters B and C, and has determined that the reasons for adopting
these rules continues to exist. These rules are needed for compliance with
EPA's requirements under the federal Safe Drinking Water Act (42 USC §§300f
et seq.) and to implement provisions of state law including Texas Health and
Safety Code (HSC), §§341.031, 341.033, and 341.034 regarding Public
Drinking Water, Protection of Public Water Supplies, and Water Supply System
Operator Certificate of Competency; and TGC, §2005.003 regarding Permit
Processing Periods. The commission invites comments on whether the reasons
for the rules in Chapter 290, Subchapters B and C, continue to exist.
The commission's review of Chapter 290, Subchapters B and C has also revealed
provisions which require modifications to improve program efficiency. The
commission concurrently proposes to repeal Chapter 290, Subchapters B and
C. These changes are proposed as a result of the commission's rule review
of Chapters 290 and 325 and for consistency with the commission's ongoing
regulatory reform initiative. The provisions are still needed and are concurrently
proposed, with changes, for inclusion as new provisions in Chapter 325. The
specific changes are noted in the proposed rule preamble for Chapter 325 in
this issue of the
Texas Register
.
EXPLANATION OF PROPOSED RULES
Until June 1, 2001, public water system certified operators and public
water system operations companies will follow essentially the existing requirements
which are proposed for repeal from Chapter 290. However, the provisions are
proposed to be located, with changes, in Chapter 325.
EPA updated the water certification standards and established federal requirements
published in the
Federal Register
, effective
February 5, 1999 (64 FR 5916) which were issued under the authority of the
Safe Drinking Water Act Amendments of 1996, 42 USC §§300f et seq.
In addition to repealing the provisions of Chapter 290, Subchapters B and
C, and moving the provisions to Chapter 325, other modifications are also
proposed. The commission proposes in Chapter 325 new provisions which are
consistent with EPA's requirements. On June 1, 2001, water operators, water
operations companies, and public water systems in Texas will be required to
comply with the concurrently proposed rules in Chapter 325. The new provisions
proposed in Chapter 325 for immediate compliance, as well as the new provisions
proposed in Chapter 325 for compliance by June 1, 2001, are discussed in the
Chapter 325 in the Proposed Rules section of this issue of the
Texas Register
.
An extension of time is being created by the compliance requirements in
Chapter 325. This extension is needed to allow public water systems to hire
additional operators, if necessary, and to allow operators to attend training
courses and take the required examinations to become certified and compliant
with the new proposed rules.
This action is associated with the commission's notice of intention to
review the rules contained in Chapter 290, Subchapters B and C, and Chapter
325, in accordance with the TGC, §2001.039; and the General Appropriations
Act, Article IX, §9-10.13, 76th Legislature, 1999, which require state
agencies to review and consider for readoption each of their rules every four
years.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
Many operators hold dual certification under both the water and wastewater
programs. In accordance with the commission's ongoing regulatory reform initiative,
these certification requirements are consolidated in Chapter 325. The repeals
and new provisions will clarify requirements, thereby making them easier for
the commission, the regulated community, and the public to read, reference,
and understand.
On June 1, 2001, all public water system certified operators and public
water system operations companies in Texas must comply with the provisions
of new Chapter 325, which are concurrently proposed in this edition of the
FISCAL NOTE
Jeff Grymkoski, Director, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed rules are in effect, certain
units of state and local government that own and operate public drinking water
and wastewater treatment facilities will incur fiscal implications which may
not be significant.
Chapter 290, Subchapter B, Certification of Waterworks Personnel, is proposed
to be repealed and replaced with Chapter 325, Subchapter A, Certification
of Public Water System Operators and Public Water System Operations Companies.
This proposed subchapter provides the and requirements for the certification
of public water system operators and public water system operations companies.
This proposed rulemaking is meant to comply with the EPA's new operator certification
requirements as specified in the February 5, 1999,
Federal Register
(64 FR 5916).
The existing provisions of Chapter 325 are also proposed to be repealed
and replaced with a new Chapter 325, Subchapter B, Certification of Wastewater
Operators and Wastewater Operations Companies, which will provide the requirements
for the certification of wastewater operators and wastewater operation companies.
This action is also associated with the commission's notice of intention
to review the rules contained in Chapters 290 and 325 in accordance with the
provisions of TGC, §2001.039; and the General Appropriations Act, Article
IX, §9-10.13, 76th Legislature, 1999, which requires state agencies to
review and consider each rule for readoption every four years.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certification expires. The rules also
change the renewal period for both A and B operators. For the approximately
3,500 Class D operators, the certification fee would increase from $20 per
two-year term to $40 per two-year term. The certification fee for the nearly
6,000 Class C operators would increase from $30 per three-year term to $60
per three-year term. The certification fee for the approximately 2,500 Class
B operators would increase from $50 per five-year term to $60 per three-year
term. The certification fee for the approximately 826 Class A operators would
increase from $80 per eight-year term to $60 per three-year term. Additionally,
the estimated 300 perpetual certificate holders would be required to renew
their certificates every three years. These perpetual certificate holders
would also be subject to the continuing education requirements appropriate
for their Class. These costs are estimated at $100 per 20-hour training course.
The proposed rules require anyone performing process control activities
at a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and it
is estimated that 1,900, or one-third, of these systems will now be required
to certify an additional operator to perform systems process control activities.
Because these rules pose no additional work requirement, the commission does
not anticipate an increase in the number of operators at any facility. This
certification could be at any given level and the commission anticipates that
operators will apply for the lowest class, Class D. The estimated cost of
certification will be $140 per individual operator. This cost includes the
required training course of $100 per 20- hour training course and the $40
certification fee.
The rules would also require Class D operators who operate multiple systems,
where the total number of connections exceed 250 connections, to upgrade their
certifications to a Class C. The estimated cost for training and licensing
to upgrade this certification is $200. This estimate includes the cost of
two 20-hour training courses at $100 per course to go from a Class D to a
Class C certification.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individuals operating them. The commission estimates that there
are 100 water operations companies and the fee will be based on the number
of systems served. The fee for companies operating zero to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require public water systems and wastewater systems
to designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, the commission assumes that most
systems are operated by a person or persons who would be able to comply with
this provision without any additional cost.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certifications every three years instead
of the current eight years and the approximately 2,070 Class B operators would
be required to renew their certification every three years instead of the
current five years.
Wastewater collection systems transporting over one million gallons per
day (MGD) will be required to have at least one operator certified at the
Class III or Class B level. There are 359 permitted domestic waste treatment
facilities with a permitted daily average flow of one MGD or greater and approximately
35 separate collection systems with a daily average flow of one MGD or greater.
The commission believes that the majority of these systems currently comply
with the proposed rules. The estimated cost of upgrading from a Class C to
a Class B certification is $200. This estimate includes the cost of two 20-hour
training courses at $100 per course to go from a Class C to a Class B certification.
Operators of mobile and remote sludge facilities will be required to hold
a Class D Wastewater Operator Certificate. The commission does not know how
many mobile facilities are in operation; however, there are two known remote
sludge facilities in Texas, and both currently have operators certified above
the Class D level. The estimated cost of Class D certification is $100, which
is the cost of the required 20-hour training course.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their class. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, it is assumed that the
number of requests will go down once a fee is charged for this service.
Although not required to do so, many public water and wastewater systems
are owned and operated by units of state and local government that may chose
to pay for the costs to comply with the proposed rules.
PUBLIC BENEFIT
Mr. Grymkoski has also determined that the public benefit for each of the
first five years these rules are in effect, when considered with the new rules,
will potentially be greater compliance with agency rules. The new certification
requirements will continue to assure the protection of public health and the
environment by requiring additional training for operators of certain public
water and wastewater systems. The repeal, reorganization, and clarification
of commission rules should also increase the protection of human health and
the environment by making rules easier to understand, thereby potentially
increasing compliance with agency rules.
Although most public water and wastewater systems are owned and operated
by units of state and local government that may chose to pay the costs to
comply with the rules, any person, business, or facility that owns or operates
a water or wastewater system may incur additional costs which are not anticipated
to be significant.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certification expires. They also change
the renewal period for both A and B operators. For the approximately 3,500
Class D operators, the certification fee would increase from $20 per-year
term to $40 per two-year term. The certification fee for the nearly 6,000
Class C operators would increase from $30 per three-year term to $60 per three-year
term. The certification fee for the approximately 2,500 Class B operators
would increase from $50 per five-year term to $60 per three- year term. The
certification fee for the approximately 826 Class A operators would increase
from $80 per eight-year term to $60 per three-year term. Additionally, the
estimated 300 perpetual certificate holders would be required to renew their
certificates every three years. These perpetual certificate holders would
also be subject to the continuing education requirements appropriate for their
class. These costs are estimated at $100 per 20-hour training course.
The rules would require anyone performing process control activities at
a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and the
commission estimates that 1,900, or one-third, of these systems will now be
required to certify an additional operator to perform systems process control
activities. Because the rules pose no additional work requirement, the commission
does not anticipate an increase in the number of operators at any facility.
This certification could initially be at any given level and the commission
anticipates that operators will apply for the lowest class, Class D. The estimated
cost of certification will be $140. This estimate includes the training cost
of $100 per 20-hour training course and the $40 certification fee.
The rules would also require Class D operators who operate multiple systems
where the total number of connections exceed 250 connections to upgrade their
certification to a Class C. The estimated cost for training and licensing
to upgrade this certification is $200. This estimate is the cost of two 20-hour
training courses.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individuals operating them. The commission estimates that there
are 100 water operations companies, and the fee will be based on the number
of systems served. The fee for companies operating zero to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require public water systems and wastewater facilities
to designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, the commission assumes that most
systems are operated by a person or persons would be able comply with this
provision without any additional cost.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certifications every three years instead
of the current eight years, and the approximately 2,070 Class B operators
would also be required to renew their certifications every three years instead
of the current five years.
Wastewater collection systems transporting over one million MGD will be
required to have at least one operator certified at the Class III or Class
B level. There are 359 permitted domestic waste treatment facilities with
a permitted daily average flow of one MGD or greater, and approximately 35
separate collection systems with a daily average flow of one MGD or greater.
The commission believes that the majority of these systems currently comply
with the proposed rules. The estimated cost of upgrading from a Class C to
a Class B certification is $200. This estimate includes the cost of two 20-hour
training courses at $100 per course to go from a Class C to a Class B certification.
Operators of mobile and remote sludge facilities will be required to hold
a Class D Wastewater Operator Certificate. The commission does not know how
many mobile facilities are in operation; however, there are two known remote
sludge facilities in Texas, and both currently have operators certified above
the Class D level. The estimated cost of Class D certification is $100, which
includes the required 20-hour training course at $100.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their class. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, the commission assumes
that the number of requests will go down once a fee is charged for this service.
SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSES
Small businesses and micro-businesses that own or operate water and wastewater
systems should not be significantly adversely affected by this rulemaking.
Although most public water and wastewater systems are owned and operated
by units of state and local government that may chose to pay the costs to
comply with the rules, any small business and micro-business or facility that
owns or operates a water or wastewater system may incur additional costs which
are not anticipated to be significant.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certification expires. It also changes
the renewal period for both A and B operators. For the approximately 3,500
Class D operators, the certification fee would increase from $20 per two-year
term to $40 per two-year term. The certification fee for the nearly 6,000
Class C operators would increase from $30 per three-year term to $60 per three-year
term. The certification fee for the approximately 2,500 Class B operators
would increase from $50 per five-year term to $60 per three- year term. The
certification fee for the 826 Class A operators would increase from $80 per
eight-year term to $60 per three-year term. Additionally, the estimated 300
perpetual certificate holders would be required to renew their certificates
every three years. These perpetual certificate holders would also be subject
to the continuing education requirements appropriate for their class. These
costs are estimated at $100 per 20-hour training course.
The rules would require anyone performing process control activities at
a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and the
commission estimates that 1,900, or one-third, of these systems will now be
required to certify an additional operator to perform systems process control
activities. Because the rules pose no additional work requirement, the commission
does not anticipate an increase in the number of operators at any facility.
This certification could be at any level and the commission anticipates that
operators will apply for the lowest Class, Class D. The estimated cost of
training is $100. This cost estimate includes $100 for a 20-hour training
course.
The rules would also require Class D operators who operate multiple systems
where the total number of connections exceeds 250 connections to upgrade their
certification to a Class C. The estimated cost for training to upgrade this
certification is $200. This estimate includes the cost of two required 20-hour
training courses at $100 per course to go from a Class D to a Class C certification.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individual operating them. The commission estimates that there
are 100 water operations companies, and the fee will be based on the number
of systems served. The fee for companies operating zero to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require water systems and wastewater facilities to
designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, the commission assumes that most
systems currently have a person present at the facility daily that could be
designated as a chief operator.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certifications every three years instead
of the current eight years, and the approximately 2,070 Class B operators
would also be required to renew their certifications every three years instead
of the current five years.
Wastewater collection systems transporting over one million MGD will be
required to have at least one operator certified at the Class III or Class
B level. There are 359 permitted domestic waste treatment facilities with
a permitted daily average flow of one MGD or greater, and approximately 35
separate collection systems with a daily average flow of one MGD or greater.
The commission believes that the majority of these systems currently comply
with the proposed rules. The estimated cost of upgrading from a Class C to
a Class B certification is $200. This estimate includes the cost of two 20-hour
training courses at $100 per course to go from a Class C to a Class B certification.
Operators of mobile or remote sludge facilities will be required to hold
a Class D Wastewater Operator Certificate. The commission does not know how
many mobile facilities are currently in operation; however, there are two
known remote sludge facilities in Texas, and both currently have operators
certified above the Class D level. The estimated cost of Class D certification
is $100, which includes the required 20-hour training course at $100.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their classes. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, it is assumed that the
number of requests will go down once a fee is charged for this service.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of TGC, §2001.0225, and has determined that the
rulemaking is not subject to §2001.0225 because it does not meet the
definition of a "major environmental rule" as defined in TGC. Furthermore,
it does not meet any of the four applicability requirements listed in §2001.0225(a).
The proposed repeals and new sections reduce risks to human health from environmental
exposure by ensuring that water and wastewater treatment plants as well as
facilities for water distribution and collection will be operated correctly.
Although the rules are proposed to reduce the risk to human health from environmental
exposure, this is not a major environmental rule because the rules will not
adversely affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, while they maintain the public health
and safety of the state. The rules update the state's current water certification
standards to be compliant with newly established federal requirements, which
were effective February 5, 1999 (64 FR 5916) and which were issued under the
authority of the Safe Drinking Water Act Amendments of 1996, 42 USC §§300f
et seq. The proposed rules ensure competent operation of water and wastewater
facilities, which in turn provide an overall benefit to the affected economy,
sectors of the economy, productivity, competition, jobs, the environment,
and the public health and safety of the state and affected sectors of the
state.
The proposed rules do not exceed a standard set by federal law, exceed
an express requirement of state law, exceed a requirement of a delegation
agreement, or propose to adopt a rule solely under the general powers of the
agency. This proposal does not exceed a standard set by federal law, because
the purpose of this proposal is to adopt state rules which are substantially
equivalent to the corresponding federal requirements. This proposal does not
exceed an express requirement of state law, because the express requirements
of state law are equivalent to the requirements set forth in this proposal.
This proposal does not exceed a requirement of a delegation agreement or contract
between the state and an agency or representative of the federal government
to implement a state and federal program. In addition to the repeal of Chapter
290, Subchapters B and C, the commission proposes water treatment plant operator
certification rules under Chapter 325 that are substantially equivalent to
federal requirements in order to receive the maximum amount of federal funds
for the state's drinking water state revolving fund.
Water and wastewater operator certifications have been mandatory requirements
under state law since 1945. This proposal makes minor changes to the wastewater
operator certification rules under Chapter 325 that do not exceed state law.
This proposal does not adopt a rule solely under the general powers of the
agency (e.g., Texas Water Code (TWC), §5.103 and §5.105), but rather
under a specific state law (i.e., HSC, §§341.031, 341.033, and 341.034;
and TWC, §26.0301).
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these proposed
repeals under TGC, §2007.043. The following is a summary of that assessment.
The purpose of the proposed repeal of Chapter 290, Subchapters B and C and
the proposed new provisions of Chapter 325 bring the water treatment plant
operator certification rules into compliance with the federal requirements
issued under the Safe Drinking Water Act Amendments of 1996, 42 USC §§300f
et seq. effective February 5, 1999 (64 FR 5916). Chapter 325 proposes new,
revised rules and reorganizes the wastewater operator certification rules
for greater consistency and clarity. The proposed rules substantially advance
this stated purpose by introducing language intended to ensure that state
rules regarding water operator certification are substantially equivalent
to the corresponding federal requirements. Promulgation and enforcement of
these proposed rules do not affect private real property which is the subject
of the rules because the proposed rules bring certain water operator certification
regulations into equivalence with federal requirements and ensure that wastewater
rules are consistent with state law requirements. There is no burden on private
real property because the rules do not subject any private real property to
regulation. Also, the following exception to the application of TGC, §2007.003(b)
applies to a portion of these proposed rules: this action is reasonably taken
to fulfill an obligation mandated by federal law.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed this rulemaking and found that the proposal
is not a rulemaking subject to the Texas Coastal Management Program (CMP)
because the rulemaking is neither identified in the Coastal Coordination Act
Implementation rules, 31 TAC §505.11, nor will it affect any action or
authorization identified in 31 TAC §505.11. Therefore, the proposal is
not subject to the CMP. The purposes of these rules are to bring the water
treatment plant operator certification rules into compliance with the federal
requirements adopted under the Safe Drinking Water Act Amendments of 1996,
42 USC §§300f et seq. effective February 5, 1999 (64 FR 5916); to
conduct the required quadrennial rule review; and to revise the wastewater
operator certification rules for greater consistency and clarity. The rulemaking
does not govern air pollutant emissions, on-site sewage disposal systems,
or underground storage tanks which would make it subject to the CMP under
31 TAC §505.11(b)(2)). The rulemaking also does not govern or authorize
actions listed in Coastal Coordination Act Implementation Rules (i.e., 31
TAC §505.11(a)(6)), and is not a rule certified under the CMP.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on August 24,
2000 at 10:00 a.m. at the Texas Natural Resource Conservation Commission Complex
in Building F, Room 3202A, located at 12100 Park 35 Circle. The hearing will
be structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments regarding this proposal may be submitted to Lisa Martin, Office
of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087,
Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should
reference Rule Log Number 1999-013-290-WT. Comments must be received by 5:00
p.m., August 28, 2000. For further information or questions concerning this
proposal, please contact Juanita Lopez, Manager, Operator Certification Section,
(512) 239-6165, or Michelle Lingo of the Office of Environmental Policy, Analysis,
and Assessment, (512) 239-6757.
Subchapter B. CERTIFICATION OF WATERWORKS PERSONNEL
30 TAC §§290.27 - 290.36
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals are proposed under TWC, §5.103 and §5.105, which
provide the commission with the authority to adopt any rules necessary to
carry out its powers and duties under the provisions of the TWC or other laws
of this state; and under HSC, §§341.031, 341.033, and 341.034, which
authorize the commission to adopt and enforce rules to implement the federal
Safe Drinking Water Act (42 USC §§300f et seq.).
The proposed repeals implement HSC, §§341.031, 341.033, and 341.034.
§290.27.General.
§290.28.Definitions.
§290.29.Administration.
§290.30.Qualifications.
§290.31.Applications.
§290.32.Examinations.
§290.33.Certificates.
§290.34.Training Approval.
§290.35.Reciprocity.
§290.36.Fees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 14, 2000.
TRD-200004880
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 239-1966
30 TAC §290.37
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is proposed under TWC, §5.103 and §5.105, which provide
the commission with the authority to adopt any rules necessary to carry out
its powers and duties under the provisions of the TWC or other laws of this
state; and under HSC, §§341.031, 341.033, and 341.034, which authorize
the commission to adopt and enforce rules to implement the federal Safe Drinking
Water Act (42 USC §§300f et seq.).
The proposed repeal implements HSC, §§341.031, 341.033, and 341.034.
§290.37.Processing Permit Applications for Water Hygiene Operations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 14, 2000.
TRD-200004881
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 239-1966
The Texas Natural Resource Conservation Commission (commission) proposes
the repeal of existing Chapter 325, §325.1, Definitions; §325.2,
Certificates for Wastewater Treatment Plant Operators; §325.3, Certificates
for Collection System Operators; §325.4, (Effective Beginning September
1, 1991)-Classification of Wastewater Treatment Facilities; §325.5, Applications
and Fees; §325.6, Renewal of Operator Certificates; §325.7, Certificates
for Wastewater Treatment Facility Operations Companies; §325.8, Terms
of Certificates for Wastewater Treatment Facility Operations Companies; §325.9,
Reports, Applications, and Renewals for Wastewater Treatment Facility Operations
Companies; §325.10, Public Hearing on Applications for Renewal of Certificates
for Wastewater Treatment Facility Operations Companies; §325.11, Sanctions; §325.12,
Notice of Hearings; §325.13, Enforcement Hearings; §325.14, Reciprocity; §325.15,
Perpetual Certificates of Competency; and §325.16, Nonrenewal of Certificate
of Competency Due to Loan Default.
The commission proposes new Chapter 325, Subchapter A, Certification of
Public Water System Operators and Public Water System Operations Companies,
including §325.1, Date for Compliance; §325.2, Applicability and
General Provisions; §325.4, Definitions; §325.6, Administration; §325.7,
Processing Applications; §325.8, Classification of Public Water Systems
and Certificates Required; §325.10, Qualifications for Public Water System
Operators; §325.12, Applications and Examinations; §325.14, Certificates
of Competency, Terms, and Fees; §325.16, Reciprocity; §325.18, Renewal
of Certificates of Competency; §325.20, Perpetual Certificates; §325.22,
Nonrenewal of Certificates of Competency Due to Loan Default; §325.24,
Nonrenewal of Certificates of Competency Due to Failure to Pay Child Support; §325.26,
Training Approvals; §325.28, Certification of Public Water System Operations
Companies; and §325.30, Enforcement. By June 1, 2001, public water system
operators and operations companies will be required to comply with Subchapter
A.
The commission proposes new Subchapter B, Certification of Wastewater Operators
and Wastewater Operations Companies, including §325.100, Date for Compliance; §325.101,
Applicability and General Provisions; §325.102, Definitions; §325.104,
Administration; §325.105, Processing Applications; §325.106, Classification
of Wastewater Treatment Facilities, Wastewater Collection Systems, and Certificates
Required; §325.108, Qualifications for Wastewater Treatment Facility
and Collection System Operators; §325.110, Applications and Examinations; §325.112,
Certificates of Competency, Terms, and Fees; §325.114, Reciprocity; §325.116,
Renewal of Certificates of Competency; §325.118, Perpetual Certificates; §325.120,
Nonrenewal of Certificate of Competency Due to Loan Default; §325.122,
Nonrenewal of Certificate of Competency Due to Failure to Pay Child Support; §325.124,
Training Approvals; §325.126, Certification of Wastewater System Operations
Companies; and §325.128, Enforcement. By June 1, 2001, wastewater system
operators and operations companies will be required to comply with Subchapter
B.
The commission proposes new Chapter 325, Subchapter D, Certification of
Waterworks Personnel, including §325.301, Applicability; §325.302,
General; §325.304, Definitions; §325.306, Administration; §325.308,
Processing Applications; §325.310, Qualifications; §325.312, Applications; §325.314,
Examinations; §325.316, Certificates; §325.318, Training Approval; §325.320,
Reciprocity; and §325.322, Fees. Until June 1, 2001, public water system
operators and operations companies will be required to comply with Subchapter
D.
The commission also proposes new Subchapter E, Certificates of Competency,
including §325.401, Applicability; §325.402, Definitions; §325.404,
Processing Applications; §325.406, Certificates for Wastewater Treatment
Plant Operators; §325.408, Certificates for Collection System Operators; §325.410,
(Effective Beginning September 1, 1991)-Classification of Wastewater Treatment
Facilities; §325.412, Applications and Fees; §325.414, Renewal of
Operator Certificates; §325.416, Certificates for Wastewater Treatment
Facility Operations Companies; §325.418, Terms of Certificates for Wastewater
Treatment Facility Operations Companies; §325.420, Reports, Applications,
and Renewals for Wastewater Treatment Facility Operations Companies; §325.422,
Public Hearing on Applications for Renewal of Certificates for Wastewater
Treatment Facility Operations Companies; §325.424, Sanctions; §325.426,
Notice of Hearings; and §325.428, Enforcement Hearings; §325.430,
Reciprocity; §325.432, Perpetual Certificates of Competency; and §325.434,
Nonrenewal of Certificate of Competency Due to Loan Default. Until June 1,
2001, wastewater system operators and operations companies will be required
to comply with Subchapter E.
This action is associated with the commission's notice of intention to
review the rules contained in 30 TAC Chapter 290, Subchapters B and C, and
Chapter 325, in accordance with Texas Government Code (TGC), §2001.039;
and the General Appropriations Act, Article IX, §9- 10.13, 76th Legislature,
1999, which require state agencies to review and consider for readoption each
of their rules every four years.
The commission proposes the intention to review the rules in Chapter 325,
Certificates of Competency, as well as in Chapter 290, Subchapters B and C,
Public Drinking Water, as mandated by TGC, §2001.039; and the General
Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which
require state agencies, every four years, to review and consider for readoption
each of their rules that were adopted under the Administrative Procedure Act.
A review must include an assessment of whether the reasons for the rules continue
to exist.
The commission has conducted a preliminary review of the rules under Chapter
325 and has determined that the reasons for adopting these rules continue
to exist. These rules are needed to implement the provisions of Texas Water
Code (TWC), §26.0301. The commission invites comments on whether the
reasons for the existing rules in Chapter 325 continue to exist.
The commission's review of Chapter 325 has also revealed provisions which
require modification to improve program efficiency. The commission concurrently
proposes to modify the existing sections of Chapter 325. These changes are
proposed as a result of the commission's rule review of Chapter 290, Subchapters
B and C, and Chapter 325 and for consistency with the commission's ongoing
regulatory reform initiative. The specific changes are noted in this preamble.
More specifically, however, the existing provisions in Chapter 325 are proposed
to be repealed. The provisions are still needed and are proposed, with changes,
to be located in Chapter 325 as new provisions. The provisions of Chapter
290, Subchapters B and C, are also proposed to be repealed and are also proposed
for inclusion in new Chapter 325.
EXPLANATION OF PROPOSED RULES
In accordance with the commission's ongoing regulatory reform initiative,
new Chapter 325 is proposed to be completely reorganized. Chapter 325 is proposed
to clarify the intent of certain requirements, correct references, establish
consistency with other occupational licensing rules, and improve overall readability,
thereby making the rules easier to read and reference. The proposed requirements
were developed with the advice from stakeholders in the regulated community,
the commission's Advisory Committee for Water Utility Operator Certification,
and internal agency staff members.
This chapter is proposed to provide requirements for water and wastewater
operators and operations companies. The proposed chapter provides interim
provisions that are very similar to those existing provisions being proposed
for repeal from Chapter 290, Subchapters B and C, and from the existing provisions
in Chapter 325. The interim, proposed rules will remain in effect until June
1, 2001. The United States Environmental Protection Agency (EPA) has established
the water certification standards and has developed federal requirements,
effective February 5, 1999 (64 FR 5916), which were issued under the authority
of the Safe Drinking Water Act Amendments of 1996, 42 United States Code (USC) §§300f
et seq. New Chapter 325 proposes new requirements that are consistent with
EPA's new requirements. Water and wastewater operators and operations companies
must comply with these new requirements by June 1, 2001.
By proposing these phased-in compliance requirements in new Chapter 325,
an extension of time is being created to allow public water systems to hire
additional operators, if necessary, and to allow operators to attend training
courses and take the required examinations to become certified and compliant
with the new proposed rules.
Proposed Chapter 325, Subchapter A,
Certification
of Public Water System Operators and Public Water System Operations Companies,
provides the requirements for the certification of public water system
operators and public water system operations companies as required by Texas
Health and Safety Code (HSC), §§341.031, 341.033, and 341.034. The
subchapter is proposed to be based upon the provisions currently located in
Chapter 290, Subchapter B. Until June 1, 2001, public water system certified
operators and public water system operations companies will comply with the
provisions proposed in Chapter 325, Subchapter D. On June 1, 2001, water operators,
water operations companies, and public water systems are required to comply
with the rules in proposed Subchapter A. This extension of time is needed
to allow some public water systems to hire additional operators, and to allow
operators to attend training courses and take the required examinations to
become certified and compliant with the new proposed rules. The operators,
the companies, and the public water systems should be allowed sufficient time
to accomplish these tasks.
Immediately after these rules have been adopted by the commission, the
revised certification program will be submitted to EPA for review and approval.
The Texas Water Development Board is interested in this submission date, because
it is the manager of the state's drinking water state revolving fund. This
proposal is primarily for compliance with EPA's requirements, effective February
5, 1999 (64 FR 5916).
The existing provisions of Chapter 325 are proposed to be repealed. Those
provisions, with changes, are proposed to become new Chapter 325, Subchapter
B, (Certification of Wastewater Operators and Wastewater Operations Companies),
which will provide the requirements for certification of wastewater operators
and wastewater operations companies as required by TWC, §26.0301.
Much like the water operators and water operations companies, the wastewater
operators and wastewater operations companies will also have until June 1,
2001 for compliance with the new proposed requirements. This allows time for
wastewater operators, wastewater operations companies, and wastewater facilities
to achieve compliance. Wastewater systems may also need the additional time
to hire additional operators who must attend training courses and then take
examinations to comply with the new rules.
Proposed Chapter 325, Subchapter B, is closely related to the water operator
certification program which is required for compliance with EPA's requirements,
effective February 5, 1999 (64 FR 5916). The majority of water and wastewater
operators hold dual certification and it is in their best interest, as well
as the commission's best interest, to have consistent programs.
New Chapter 325, Subchapter D is proposed to be based upon the provisions
currently located in existing Chapter 290, Subchapter B. Until June 1, 2001,
water operators will comply with the provisions proposed in Chapter 325, Subchapter
D. By June 1, 2001, water operators, water operations companies, and public
systems are required to comply with the rules in proposed Subchapter A.
New Chapter 325, Subchapter E is proposed to be based upon the provisions
currently located in existing Chapter 325. Until June 1, 2001, wastewater
operators and wastewater system operations companies will comply with the
provisions proposed in Chapter 325, Subchapter E. By June 1, 2001, wastewater
operators, wastewater operations companies, and wastewater systems are required
to comply with the rules in proposed Subchapter B.
This action is associated with the commission's notice of intention to
review the rules contained in Chapters 290, Subchapter B and C, and 325, in
accordance with the TGC, §2001.039; and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999, which require state agencies
to review and consider for readoption each of their rules every four years.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
HSC, Chapter 341 requires the commission to adopt rules requiring certification
of public water system operators. Subchapter A, Public Water System Operators
and Public Water System Operations Companies, is proposed to comply with this
statutory provision, to comply with EPA's recently effective operator certification
requirements and to comply with the required quadrennial review. The proposed
water operator certification rules reflect various requirements that are mandated
by EPA requirements under the 1996 Safe Drinking Water Act Amendments, §1419.
The education and training for public water system operators in Texas began
in 1920 for the purpose of public health protection since there were so many
deaths attributed to typhoid fever, cholera, and many other waterborne diseases.
A voluntary certification program began in 1934 to continue the efforts in
training the operators. Then, in 1945, legislation was passed in Texas to
mandate that public water systems have certified operators; therefore, the
state established an operator certification program. The Safe Drinking Water
Act Amendments of 1996 charged EPA to develop the operator certification requirements
by 1999. Texas, having a strong, excellent certification program, was invited
to participate in the development of these requirements. Staff took advantage
of this opportunity to provide input, so the outcome of EPA's requirements
closely mirrors Texas' program.
Although Texas' certification programs have been in force since 1945, and
in many respects are ahead of the EPA requirements, some changes are still
necessary to achieve compliance. The major revisions to the current rules
include the prohibition of perpetual certification, reduction of certification
validity periods to a maximum of three years, and the requirement for all
individuals making process control decisions to be certified. Any omission
of the EPA's certification requirements in the state's certification program
would result in a 20% reduction of the drinking water state revolving fund.
Additionally, a job analysis for surface water treatment operations was
conducted to improve the certification program and for program validation
purposes. The study identified specific operator training needs closely related
to actual job duties. The results of the survey were carefully reviewed by
the commission's Advisory Committee for Water Utility Operator Certification
(advisory committee) and various recommendations were integrated into the
current proposed rules. Of particular concern to the advisory committee, but
not considered for rule input at this time, is an additional certification
category provision for a D level, a six-month work experience requirement
for D license applicants, course prerequisites, and a mandatory hands-on water
laboratory training course. After the completion of the ongoing job analyses
of groundwater production and distribution operations, these particular issues
will be considered for inclusion in future rulemaking. Some of the operator
requirements proposed for the year 2003 are a result of coordination with
the commission's staff in the Public Drinking Water Section in order to parallel
the EPA's surface water treatment rule requirements.
Historically, Texas recognized that well-trained, certified operators are
absolutely necessary to safeguard our drinking water resources. New Chapter
325 is proposed to maintain protection of the drinking water supply by requiring
operators to have appropriate experience, training, and continuing education
for certification. Statute and rule provisions also allow the state to take
enforcement action for inadequate operational practices.
TWC, §26.0301 requires the commission to adopt rules requiring certification
of wastewater operators and wastewater operations companies. Chapter 325,
Subchapter E is proposed to fulfill this law until June 1, 2001. Subchapter
B is proposed to fulfill this law on June 1, 2001 and thereafter. The certification
of wastewater operators began as a voluntary program in 1938. In 1945, Texas
passed legislation that made the certification of wastewater operators a mandatory
state program. Wastewater treatment facilities and collection systems gather,
transport, and treat the wastewater from homes and businesses in the community.
Wastewater operators have a direct impact on the performance of wastewater
treatment facilities and collection systems. The certification of wastewater
operators and companies will continue to protect the environment and public
health in the State of Texas. This chapter requires that operators have the
appropriate training, qualifications, and continuing education to operate
these wastewater systems. It also provides the opportunity for the state to
hold these individuals and operations companies accountable for inadequate
operational practices.
SECTION BY SECTION ANALYSIS
The following paragraphs describe the proposed repeals and new sections
in Chapter 325.
The commission proposes the repeal of existing §§325.1-325.16.
However, similar provisions are proposed as the new Chapter 325, Subchapters
B and E.
SUBCHAPTER A: CERTIFICATION OF PUBLIC WATER SYSTEM OPERATORS AND PUBLIC
WATER SYSTEM OPERATIONS COMPANIES
Compliance with the provisions of Chapter 325, Subchapter A is proposed
to be required by June 1, 2001.
New §325.1, entitled
Date for Compliance
, is proposed to be added. This proposed section states the date when
public water system operators and public water system operations companies
must comply with this subchapter.
New §325.2, entitled
Applicability and General
Provisions
, is proposed to be added. This section is derived from portions
of §290.27, which the commission concurrently proposes to repeal. New §325.2(a)
is proposed to state the legal authority for the proposed rules. New §325.2(b)
is proposed to state the purpose of the rules for issuing certificates of
competency to public water system operators and certificates of registration
to public water system operations companies. New §325.2(c) and (d) are
proposed to state that all public water systems must have at least one certified
operator with the exception of transient noncommunity systems that do not
use surface water or groundwater under the influence of surface water and
those systems that purchase water that has received complete treatment. New §325.2(e)
is proposed to establish certificates of competency for individuals who operate
or assist in the operation of drinking water distribution systems. New §325.2(f)
is proposed to require certificates of registration for operations companies
who operate public water systems on a contractual basis. New §325.2(g)
is proposed to change and replace the designation of certificates from "Grade"
to "Class." New §325.2(h) is proposed to state that all Class D certificates
issued before June 1, 2001, to non-high school graduates may be renewed in
accordance with the provisions of proposed Subchapter A.
New §325.4, entitled
Definitions
,
is proposed to be added to describe the definitions applicable to proposed
Subchapter A. This section proposes new definitions as well as others derived
from §290.28, which are proposed to be repealed. The following terms
are proposed to be added: §325.4(1), Certificate of competency; §325.4(2),
Certificate of registration; §325.4(3), Chief operator; §325.4(4),
Connection; §325.4(7), Operator in responsible charge; §325.4(8),
Operator-in-training; §325.4(9), Public water system; §325.4(9)(A),
Community water system; §325.4(9)(B), Noncommunity public water system; §325.4(9)(C),
Nontransient noncommunity public water system; §325.4(9)(D), Transient
noncommunity water system; §325.4(10), Public water system operator; §325.4(10)(A),
Surface water system operator; §325.4(10)(B) Groundwater system operator; §325.4(10)(C),
Distribution or purchased water system operator; §325.4(11), Public water
system operations company; §325.4(12), Training credits; and §325.4(13),
Work experience. The existing §290.28, Definitions for commission and
executive director are excluded from the proposed rules because they are defined
in 30 TAC Chapter 3.
New §325.6, entitled
Administration
is proposed to be added to define the responsibilities of the executive director
in administering the proposed rules.
New §325.7, entitled
Processing Applications,
is proposed to be added. This section is derived from §290.37,
which the commission concurrently proposes to repeal. The section is proposed
to describe the procedures and time frames for processing applications and
to comply with the requirements of TGC, Chapter 2005. Based on an estimate
of the 12 months preceding the date of this rule proposal, the minimum application
processing time has been 15 days, the maximum processing time has been 365
days, and the median time has been approximately 45 days. In this rulemaking,
the commission proposes that the time frame from the initial receipt of an
application to the time the commission responds to the applicant that the
application is either complete or requires additional information shall be
45 days. The commission proposes that the time frame from the receipt of a
complete application to the time the commission responds to the applicant
with notification approving or denying the application is an additional 45
days. The minimum processing time frame of 15 days and the maximum processing
time frame of 365 days are the rare exceptions. Generally, staff are able
to process initial applications within 30 to 45 days. When the commission
receives applications containing deficiencies, it is often incumbent upon
the applicant to fulfill additional requirements necessitating additional
course work or experience. This can significantly affect processing times.
Once the commission receives an application that is actually complete, processing
times vary with the type of application. Under the provisions required after
June 1, 2001, the applicant has no longer than four months to respond to the
commission's notice of deficiency regarding the initial application. Therefore,
the commission's time frames for processing these applications from the point
of receipt of initial application to the very final determination have been
more specifically delineated.
New §325.8, entitled
Classification of Public
Water Systems and Certificates Required
, is proposed to be added and
is partially derived from §290.46 and §290.33. Section 290.33 is
concurrently proposed to be repealed. The proposed section explains which
level of certification is required. New §325.8(a) is proposed to exclude
operators of transient noncommunity water systems that purchase water from
an acceptable source, groundwater unaffected by surface water, and operators-in-training
from certification. New §325.8(b) is proposed to allow the employment
of an operator-in-training for a period of up to one year. New §325.8(b)(1)
proposes that all duties performed by an operator-in-training must be performed
in the presence of a certified operator. New §325.8(b)(2) proposes that
all duties performed by an operator-in-training at a surface water treatment
plant must be performed in the presence of a Class C or higher certified operator.
New §325.8(c) is proposed to require each public water system, except
transient noncommunity systems that use purchased water or groundwater unaffected
by surface water, to employ or contract with one or more certified operators.
New §325.8(d) is proposed to require that public water systems, including
community and nontransient noncommunity systems, be classified and minimally
staffed with chief operators holding specific certifications as provided in
the table located in subsection (d). New §325.8(e) is proposed to require
each public water system to be operated on a daily basis by the certified
chief operator or an operator holding a certificate of equal level or higher.
The commission intends to conduct future rulemaking that will amend §290.46(e)
to provide a cross-reference to the provisions in Chapter 325, Subchapter
A. After June 1, 2001, should any conflict or inconsistency arise between §290.46(e)
or (r) and the provisions of Chapter 325, Subchapter A, the provisions of
Chapter 325, Subchapter A shall control.
New §325.8(g) is proposed to prohibit the issuance of certification
to employees of state or federal agencies having regulatory authority over
public water systems. New §325.8(h) is proposed to have the chief operator
or operator in charge be present for scheduled agency inspections. New §325.8(i)
proposes to require a Class C certificate or higher for persons operating
multiple systems when the total number of connections exceed 250. New §325.8(j)(1)
proposes that any person who maintains distribution system pressures and performs
water disinfection duties, sampling, and tests after repairs or installation
of lines must be certified. New §325.8(j)(2) proposes that any non-certified
person who performs maintenance, expansion, or repair activities on a public
water distribution system must be supervised by an on-site certified public
water system operator. New §325.8(k)-(l) proposes to indicate certification
requirements for groundwater systems under the influence of surface water
as indicated in §290.46(e)(3).
New §325.10, entitled
Qualifications for
Public Water System Operators
, is proposed to be added and is derived
from §290.30, which the commission concurrently proposes to be repealed.
This proposed section provides the experience and training requirements for
water operators and adds an additional course requirement for surface water
operators. New §325.10(b), including a table, is proposed to present
the education, work experience, examination, and training credit requirements
for each class of certification. A high school diploma or GED is proposed
as a requirement for all levels of certification. New §325.10(b) also
proposes to require, commencing January 1, 2003, 120 hours of training credit,
including a management course to obtain surface water operator certification.
New §325.10(c)(4) is proposed to require that the acceptable laboratory
experience be gained in a lab which is owned by a public waster system. The
laboratory analyst must also consult with water plant operators regarding
process control decisions on a daily basis. New §325.10(f), including
a table, proposes the need for sequential completion of a Surface Water Production
I course, and then a Surface Water Production II training course, to obtain
surface water operator certification.
New §325.12, entitled
Applications and Examinations
, is proposed to be added. This proposed section is derived from §290.31,
which the commission concurrently proposes to repeal. New §325.12(3)
proposes that all applications must be completed in full and any deficiencies
corrected within four months of notification.
New §325.14, entitled
Certificates of Competency,
Terms, and Fees
, is proposed to be added. This proposed section is
derived from portions of §290.33 and §290.36, which are proposed
to be repealed.
New §325.14(b) is proposed to increase the application processing
and certification fees by $10 per year and shall limit the certification validity
periods of A and B certificates to three years. The D water certificate will
be $40 for a two-year period and the A, B, and C certificates will be $60
for three-year terms. New §325.14(c) is also proposed to implement a
charge of $10 for a duplicate certificate copy or for any change to the certificate.
New §325.16, entitled
Reciprocity
,
is proposed to be added. This proposed section is derived from §290.35,
which the commission intends to repeal after June 1, 2001. There are no significant
changes to this proposed section.
New §325.18, entitled
Renewal of Certificates
of Competency
, is proposed to be added. This section is derived from §290.33(c),
which the commission concurrently proposes to repeal. Renewal periods for
certificates are proposed to change for Class A and B operators. New §325.18(b)
is proposed to prohibit the renewal or recertification of Class D certificates
for operators working at groundwater systems with over 250 connections, surface
water treatment systems, groundwater systems under the influence of surface
water, and for supervisors of distribution systems with over 250 connections.
New §325.18(c) is proposed to require that the certified operator submit
a completed renewal application and fee no later than 30 days following the
expiration date of the certificate. New §325.18(d), including a table,
proposes to require an application and processing fee increase of $10 per
year of certification, to require Class A and B certificates to be renewed
every three years, and to require the completion of 30 hours of training for
renewal of Class A and B certificates of competency. The proposed required
training hours must be earned before the expiration date of the certificate.
New §325.18(e) proposes certification renewal by examination no later
than 30 days after the expiration date. An application and fee must be submitted
and the examination passed to renew certification. New §325.18(f) is
proposed to allow reinstatement of a certificate within one year of the expiration
date. An application and fee must be submitted and the examination passed
to reinstate certification. New §325.18(g) proposes that recertification
is necessary after one year of the certificate expiration date. All current
requirements, including passing the examination must be met in order to recertify.
New §325.18(i) is proposed to require specific renewal courses on a case-by-case
basis.
New §325.20, entitled
Perpetual Certificates
, is proposed to be added. This section is derived from §290.33(a)(8),
which the commission concurrently proposes to repeal. New §325.20, as
proposed, eliminates the issuance of perpetual certification. New §325.20
is also proposed to require conversion of existing perpetual certificates
to either an active certificate or an honorary certificate. The active certificate
will be renewable by the completion of training credits, listed in proposed §325.20(d),
or by examination. The holder of an honorary certificate will not be allowed
to perform any operational duties in a public water treatment system.
New §325.22, entitled
Nonrenewal of Certificate
of Competency Due to Loan Default
, is proposed to be added to comply
with Texas Education Code, Chapter 57.
New §325.24, entitled
Nonrenewal of Certificate
of Competency Due to Failure to Pay Child Support
, is proposed to be
added to comply with Texas Family Code, Chapter 232.
New §325.26, entitled
Training Approvals
, is proposed to be added. This section is derived from §290.34,
which the commission concurrently proposes to repeal. New §325.26 is
proposed to require approval of all training courses and training providers
and to describe the applicability of training credits. New §325.26(f)
proposes that training approvals may be rescinded or denied.
New §325.28, entitled
Certification of Public
Water System Operations Companies,
is proposed to be added and is partially
derived from §290.46(r)(2). New §325.28(a) is proposed to require
the certification of all public water system operations companies. New §325.28(b)
is proposed to require certification of the operators and chief operators
of these companies as required by §325.8. New §325.28(c) is proposed
to allow the suspension or revocation of a certificate of registration. New §325.28(d)
is proposed to require that an application and an appropriate fee be submitted
for obtaining new or renewed operations company certification. The new table
in subsection (d) proposes the fee to be based on the number of public water
systems that are managed by an operations company. New §325.28(e) proposes
a two-year validity period for operations companies certificates. New §325.28(f)
is proposed to prohibit the issuance of certification until all requirements
have been met. New §325.28(g) proposes that operations companies submit
a yearly report to the executive director within one year and 30 days after
issuance of renewal of the certificate. New §325.28(h) proposes that
the information required under §325.28(g) and the applicable fee be submitted
with an application for new or renewal certification. New §325.28(i)
proposes that any changes to personnel or the systems that are operated must
be reported to the executive director within ten days of the change. New §325.28(j)
is proposed to prevent the transfer of operations company's certifications.
New §325.28(k) is proposed to nullify certification should the operations
company be sold or reorganized under different management. The newly organized
company must apply for a new certificate. New §325.28(l) is proposed
to require that governmental and quasi-governmental entities, including river
authorities, report the information from §325.28(g) on an annual basis.
New §325.30, entitled
Enforcement
,
is proposed to be added. This proposed section is partially derived from existing §290.33(e),
which the commission concurrently proposes to repeal. New §325.30(a)
is proposed to require public water system operators to apply current best
management practices in the performance of their duties, and an operator whose
negligence results in system violations may incur administrative penalties
or other sanctions. New §325.30(b) is proposed to stipulate the penalties
for an operator or operations company that violates the rules or falsifies
documents. Formal notification of any violation will be issued in writing
and delivered by certified mail. New §325.30(c) proposes to identify
a reprimand as a warning that further offenses or violations may incur more
serious consequences. New §325.30(d) proposes to identify suspension
as the temporary loss of operator certification or authorization of an operations
company to operate a treatment or distribution system. New §325.30(d)(1)
is proposed to state that suspension may extend up to one year. New §325.30(d)(2)
is proposed to state that upon completing the suspension penalty period, an
examination will not be required to reinstate a certificate. New §325.30(d)(3)
is proposed to require operators and operations companies to renew certification
while on suspension and upon completing the suspension penalty period, certification
will be reinstated. New §325.30(e) proposes to identify revocation as
the loss of certification by operators or operations companies. New §325.30(e)(1)
is proposed to state that revocation shall not be less than one year and upon
a second similar violation, the commission may permanently revoke the certificate.
New §325.30(e)(2) is proposed to state that upon completing the revocation
period, an operator or operations company may reapply for certification by
meeting all requirements. New §325.30(f) proposes to not penalize an
operator or operations company for rule violations if the public water system
management failed or refused to provide adequate operational funds or violations
were caused by faulty system design or construction.
SUBCHAPTER B: CERTIFICATION OF WASTEWATER OPERATORS AND WASTEWATER OPERATIONS
COMPANIES
Compliance with the provisions of Chapter 325, Subchapter B is required
by June 1, 2001.
New §325.100, entitled
Date for Compliance
, is proposed to be added. This proposed section states the date when
wastewater operators and wastewater operations companies must comply with
this subchapter.
New §325.101, entitled
Applicability and
General Provisions
, is proposed to be added. This proposed section
states the legal authority for the proposed rules and clarifies the applicability
and general provisions for the certification of wastewater treatment plant
operators, wastewater collection system operators, and wastewater operations
companies. New §325.101(e) is proposed to state that all Class D and
Class I certificates, issued by June 1, 2001, to operators who do not possess
a high school diploma or its equivalent, may still be renewed according to
the provisions in this proposed subchapter.
New §325.102, entitled
Definitions
,
is proposed to be added to describe the definitions applicable to this proposed
subchapter. This section is derived from existing §325.1, which is proposed
to be repealed. The existing §325.1 definitions of commission and executive
director are excluded from the proposed rules because they are defined in
Chapter 3. The following terms are proposed to be added to those that were
previously defined in §325.1: Certificate of registration, which is the
certificate issued to wastewater operations companies; Chief operator; Designated
courses; Operator in responsible charge; Operator-in-training; Training credit;
and Work experience. New §325.102(11) is proposed to provide a definition
of wastewater disposal permit. New §325.102(13) is proposed to include
contract operations of wastewater collection systems in the definition of
wastewater system operations company.
New §325.104, entitled
Administration,
is proposed to be added to provide the responsibilities of the executive director
in administering the proposed rules.
New §325.105, entitled
Processing Applications,
is proposed to be added. This section is derived from §290.37,
which the commission concurrently proposes to repeal. The section is proposed
to describe the procedures and time frames for processing applications and
to comply with the requirements of TGC, §2005.003. Based on an estimate
of the 12 months preceding the date of this rule proposal, the minimum application
processing time has been 15 days, the maximum processing time has been 365
days, and the median time has been approximately 45 days. In this rulemaking,
the commission proposes that the time frame from the initial receipt of an
application to the time the commission responds to the applicant that the
application is either complete or requires additional information shall be
45 days. The commission proposes that the time frame from the receipt of a
complete application to the time the commission responds to the applicant
with notification approving or denying the application is an additional 45
days. The minimum processing time frame of 15 days and the maximum processing
time frame of 365 days are the rare exceptions. Generally, staff are able
to process initial applications within 30 to 45 days. When the commission
receives applications containing deficiencies, it is often incumbent upon
the applicant to fulfill additional requirements necessitating additional
course work or experience. This can significantly affect processing times.
Once the commission receives an application that is actually complete, processing
times vary with the type of application. Under the provisions required after
June 1, 2001, the applicant has no longer than four months to respond to the
commission's notice of deficiency regarding the initial application. Therefore,
the commission's time frames for processing these applications from the point
of receipt of initial application to the very final determination have been
more specifically delineated.
New §325.106, entitled
Classification of
Wastewater Treatment Facilities, Wastewater Collection Systems, and Certificates
Required
, is proposed to be added. This proposed section is derived
from portions of existing §§325.2, 325.3, and 325.4, which are proposed
to be repealed. As proposed, new §325.106 does not include the requirements
of existing §325.4(f), and the second sentence in existing §325.2(b),
because permittees are required by new §325.106(f) to employ or contract
with one or more certified treatment facility operators or operations companies.
New §325.106(c) is proposed to require certification for operators of
remote or mobile sludge processing facilities. New §325.106(l) is proposed
to clarify that facilities must be operated on a daily basis by the chief
operator or operator with the same or higher level of certificate. New §325.106(n)
is proposed to require the chief operator or operator in responsible charge
to be present for scheduled agency inspections. New §325.106(p) is proposed
to state the classification criteria for Class III collection systems. New §325.106(q)
is proposed to require that certificates of competency will not be issued
to state or federal employees having regulatory authority over wastewater
systems.
New §325.108, entitled
Qualifications for
Wastewater Treatment Facility and Collection System Operators
, is proposed
to be added. This proposed section is derived from portions of existing §325.2
and §325.3, which are proposed to be repealed. New §325.108(b) is
proposed to require a high school diploma or equivalent for Class D and Class
I certificates. New §325.108(b) also proposes the education, experience,
and training requirements for the Class III certificate. New §325.108(g)
is proposed to require the water utility safety course for Class A and Class
B applicants and to list the course requirements for the Class III certificate.
New §325.110, entitled
Applications and Examinations
, is proposed to be added. This proposed section is derived from existing §325.5,
which is proposed to be repealed. New §325.110(a)(1) is proposed to require
that all statements and qualifications are subject to verification. New §325.110(a)(2)
is proposed to state that misrepresentation or falsification of any information
will be grounds for rejection of an application or for enforcement action.
New §325.110(a)(3) is proposed to extend the time for an applicant to
correct application deficiencies from the existing 60 days to a proposed four
months. New §325.110(a)(4) is proposed to require an applicant to furnish
evidence of training or education, when requested.
New §325.112, entitled
Certificates of Competency,
Terms, and Fees
, is proposed to be added. This proposed section is
derived from portions of existing §§325.2, 325.3, and 325.5, which
are proposed to be repealed. New §325.112(b) proposes the term and fee
for the Class III collection certificate. New §325.112(c) is proposed
to require a $10 replacement fee for a duplicate certificate or replacement
of a lost or damaged certificate.
New §325.114, entitled
Reciprocity
,
is proposed to be added. This proposed section is derived from existing §325.14,
which is proposed to be repealed. There are no significant changes to this
section.
New §325.116, entitled
Renewal of Certificates
of Competency
, is proposed to be added. This proposed section is derived
from existing §325.6, which is proposed to be repealed. Additionally,
new §325.116(b) is proposed to clarify that Class D certificates are
not eligible for recertification for operators of any activated sludge facilities
or any trickling filter or RBC facilities with a permitted daily average flow
of 100,000 gallons per day or greater. New §325.116(d) is proposed to
require the provisions for renewing a certificate of competency by obtaining
training credits and clarifies that training credits used for renewal must
be earned after the issuance date and before the expiration date. New §325.116(d)
is proposed to state the Class III certificate renewal term, training credits
required to renew, and renewal fee. New §325.116(d) also is proposed
to reduce the term of Class A and B certificates to three years, reduce the
renewal training credits required for Class A and Class B operators to 30
hours, and reduce the Class A and Class B renewal fee to $60. New §325.116(f)
is proposed to state the requirements for reinstating a certificate within
one year of the expiration date. New §325.116(g) is proposed to require
that operators recertify after a certificate has been expired over one year.
To recertify, an operator must meet all current requirements and pass an examination.
New §325.116(i) is proposed to give the executive director the ability
to require specific courses for renewal, on a case-by-case basis. New §325.116(j)
is proposed to clarify that a certificate is no longer valid after the expiration
date.
New §325.118, entitled
Perpetual Certificates
, is proposed to be added. This proposed section is derived from existing §325.15,
which is proposed to be repealed. New §325.118 as proposed, will no longer
provide perpetual certification after 30 years of continuous certification.
New §325.118 is also proposed to require conversion of existing perpetual
certificates, within a specific time frame, to either an active certificate
or an honorary certificate. The converted active certificate will be renewable
by completion of training credits which are listed in proposed §325.118(d),
or by examination. An application for renewal will be required at the time
of renewal. The holder of an honorary certificate will not be allowed to perform
any operational duties in a wastewater system.
New §325.120, entitled
Nonrenewal of Certificate
of Competency Due to Loan Default
, is proposed to be added. This section
is derived from existing §325.16, which is proposed to be repealed. There
are no significant changes to this section.
New §325.122, entitled
Nonrenewal of Certificate
of Competency Due to Failure to Pay Child Support
, is proposed to be
added, to comply with Texas Family Code, Chapter 232.
New §325.124, entitled
Training Approvals
, is proposed to be added. This proposed section is derived from existing §325.2(k)
and §325.3(k), which are proposed to be repealed. New §325.124 is
proposed to require approval of all training courses and training providers,
and to describe the applicability of training credits. New §325.124 also
proposes that training approvals may be rescinded or denied.
New §325.126, entitled
Certification of Wastewater
System Operations Companies
, is proposed to be added. This proposed
section is derived from existing §§325.7, 325.8, and 325.9, which
are proposed to be repealed. New §325.126(f) is proposed to require that
certificates of registration will not be issued until all requirements are
met. New §325.126(i) is proposed to require that companies amend reports
and applications within ten days of any change in personnel or in the systems
operated. New §325.126(l) is proposed to require a yearly report from
governmental entities, or quasi-governmental entities, that contract to operate
wastewater systems. This report will contain the information listed in proposed §325.126(g).
New §325.128, entitled
Enforcement
,
is proposed to be added. This section is derived from existing §325.11,
which is proposed to be repealed. The probation sanction in existing §325.11(a)(2)
is excluded from the proposed rules. New §325.128(b) is proposed to give
the executive director the ability to require additional training, on a case-by-case
basis. New §325.128(e)(1) is proposed to provide that a second, similar
violation may result in permanent revocation of the certificate.
The provisions of §§325.10, 325.12, and 325.13 are not proposed
to be included in this rulemaking because rules governing hearings are found
in 30 TAC Chapters 39, 55, and 80.
SUBCHAPTER D: CERTIFICATION OF WATERWORKS PERSONNEL
Compliance with the provisions of Chapter 325, Subchapter D is proposed
to be required until June 1, 2001. At that time, the provisions will be superceded
by proposed Chapter 325, Subchapter A. It is the intention of the commission
to repeal Subchapter D after June 1, 2001.
Proposed Chapter 325, Subchapter D is derived from existing Chapter 290,
Subchapters B and C, which are concurrently proposed to be repealed. The provisions
proposed in Subchapter D are substantially similar to those in Chapter 290,
Subchapters B and C. However, additional changes are proposed which are described
in the following paragraphs.
New §325.301, entitled
Applicability
,
has been added to clarify that compliance with the provisions of Chapter 325,
Subchapter D is required until June 1, 2001. At that time, compliance with
Subchapter A will be required.
Proposed new §325.304, entitled
Definitions
, is derived from existing §290.28, which is concurrently proposed
to be repealed. The new section no longer provides definitions for commission
or for executive director, because those terms are already defined in Chapter
3.
Proposed new §325.308, entitled
Processing
Applications
, is derived from existing Chapter 290, Subchapter C, which
is concurrently proposed to be repealed. The proposed rule fulfills the requirements
of TGC, §2005.003. Based on an estimate of the 12 months preceding the
date of this rule proposal, the minimum application processing time has been
15 days, the maximum processing time has been 365 days, and the median time
has been approximately 45 days. In this rulemaking, the commission proposes
that the time frame from the initial receipt of an application to the time
the commission responds to the applicant that the application is either complete
or requires additional information shall be 45 days. The commission proposes
that the time frame from the receipt of a complete application to the time
the commission responds to the applicant with notification approving or denying
the application is an additional 45 days. The minimum processing time frame
of 15 days and the maximum processing time frame of 365 days are the rare
exceptions. Generally, staff are able to process initial applications within
30 to 45 days. When the commission receives applications containing deficiencies,
it is often incumbent upon the applicant to fulfill additional requirements
necessitating additional course work or experience. This can significantly
affect processing times. Once the commission receives an application that
is actually complete, processing times vary with the type of application.
Under the provisions required after June 1, 2001, the applicant has no longer
than four months to respond to the commission's notice of deficiency regarding
the initial application. Therefore, the commission's time frames for processing
these applications from the point of receipt of initial application to the
very final determination have been more specifically delineated.
Proposed new §325.316, entitled
Certificates
, is derived from existing §290.33, which is concurrently proposed
to be repealed. However, as proposed, new §325.316 clarifies the requirements
for the levels of certificates and clarifies that exchange of operators' certificates
is no longer allowed. The modifications are necessary for compatibility with
EPA's water certification standards established as federal requirements, effective
February 5, 1999 (64 FR 5916), which were issued under the authority of the
Safe Drinking Water Act Amendments of 1996, 42 USC §§300f et seq.
Proposed new §325.318, entitled
Training
Approval
, is derived from existing §290.34, which is concurrently
proposed to be repealed. Proposed new §325.318 amends text to clarify
that the training credit provisions are applicable to several professional
and trade associations rather than just the Texas Water Utilities Association.
SUBCHAPTER E: CERTIFICATES OF COMPETENCY
Compliance with the provisions of Chapter 325, Subchapter E is proposed
to be required until June 1, 2001. At that time, the provisions will be superceded
by proposed Chapter 325, Subchapter B. It is the intention of the commission
to repeal Subchapter E after June 1, 2001.
Proposed Chapter 325, Subchapter E is derived from existing Chapter 325
and from §290.37, which is concurrently proposed to be repealed. The
provisions proposed in Subchapter E are substantially similar to those in
existing Chapter 325. However, additional changes are proposed which are described
in the paragraphs which follow. For example, cross-references are corrected
throughout the subchapter.
New §325.401 has been added to clarify that compliance with the provisions
of Chapter 325, Subchapter E is required until June 1, 2001. At that time,
compliance with Subchapter B will be required.
Proposed new §325.402, entitled
Definitions
, is derived from existing §325.1, which is concurrently proposed
to be repealed. The new section no longer provides definitions for commission
or for executive director, because those terms are already defined in Chapter
3. This section is proposed to update references from the Texas Water Commission
to the Texas Natural Resource Conservation Commission (TNRCC) in accordance
with the commission's regulatory reform initiative.
Proposed new §325.404, entitled
Processing
Applications
, is derived from existing Chapter 290, Subchapter C, which
is concurrently proposed to be repealed. The proposed rule fulfills the requirements
of TGC, §2005.003. Based on an estimate of the 12 months preceding the
date of this rule proposal, the minimum application processing time has been
15 days, the maximum processing time has been 365 days, and the median time
has been approximately 45 days. In this rulemaking, the commission proposes
that the time frame from the initial receipt of an application to the time
the commission responds to the applicant that the application is either complete
or requires additional information shall be 45 days. The commission proposes
that the time frame from the receipt of a complete application to the time
the commission responds to the applicant with notification approving or denying
the application is an additional 45 days. The minimum processing time frame
of 15 days and the maximum processing time frame of 365 days are the rare
exceptions. Generally, staff are able to process initial applications within
30 to 45 days. When the commission receives applications containing deficiencies,
it is often incumbent upon the applicant to fulfill additional requirements
necessitating additional course work or experience. This can significantly
affect processing times. Once the commission receives an application that
is actually complete, processing times vary with the type of application.
Under the provisions required after June 1, 2001, the applicant has no longer
than four months to respond to the commission's notice of deficiency regarding
the initial application. Therefore, the commission's time frames for processing
these applications from the point of receipt of initial application to the
very final determination have been more specifically delineated.
Proposed new §325.406 amends the text to clarify that the training
credit provisions are applicable to several professional and trade associations
rather than just the Texas Water Utilities Association.
Finally, proposed new §325.434 updates references from the Texas Water
Commission to the TNRCC in accordance with the commission's regulatory reform
initiative.
FISCAL NOTE
Jeff Grymkoski, Director, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed rules are in effect, certain
units of state and local government that own and operate public drinking water
and wastewater treatment facilities will incur fiscal implications which may
not be significant.
Chapter 290, Subchapter B, Certification of Waterworks Personnel, is proposed
to be repealed and replaced with Chapter 325, Subchapter A, Certification
of Public Water System Operators and Public Water System Operations Companies.
This proposed subchapter provides the requirements for the certification of
public water system operators and public water system operations companies.
This proposed rulemaking is meant to comply with EPA's new operator certification
requirements as specified in the February 5, 1999,
Federal Register
(64 FR 5916).
The existing provisions of Chapter 325 are also proposed to be repealed
and replaced with a new Chapter 325, Subchapter B, Certification of Wastewater
Operators and Wastewater Operations Companies, which will provide the requirements
for the certification of wastewater operators and wastewater operation companies.
This action is also associated with the commission's notice of intention
to review the rules contained in Chapters 290 and 325 in accordance with the
provisions of TGC, §2001.039; and the General Appropriations Act, Article
IX, §9-10.13, 76th Legislature, 1999, which requires state agencies to
review and consider each rule for readoption every four years.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certifications expire. The rules also
change the renewal period for both A and B operators. For the approximately
3,500 Class D operators, the certification fee would increase from $20 per
two-year term to $40 per two-year term. The certification fee for the nearly
6,000 Class C operators would increase from $30 per three-year term to $60
per three-year term. The certification fee for the approximately 2,500 Class
B operators would increase from $50 per five-year term to $60 per three-year
term. The certification fee for the approximately 826 Class A operators would
increase from $80 per eight-year term to $60 per three-year term. Additionally,
the estimated 300 perpetual certificate holders would be required to renew
their certificates every three years. These perpetual certificate holders
would also be subject to the continuing education requirements appropriate
for their class. These costs are estimated at $100 per 20-hour training course.
The proposed rules require anyone performing process control activities
at a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and the
commission estimates that 1,900, or one-third, of these systems will now be
required to certify an additional operator to perform systems process control
activities. Because the rules pose no additional work requirement, the commission
does not anticipate an increase in the number of operators at any facility.
This certification could be at any given level and the commission anticipates
that operators will apply for the lowest class, Class D. The estimated cost
of certification will be $140 per individual operator. This cost includes
the required training course of $100 per 20-hour training course and the $40
certification fee.
The rules would also require Class D operators who operate multiple systems,
where the total number of connections exceed 250 connections, to upgrade their
certification to a Class C. The estimated cost for training and licensing
to upgrade this certification is $200. This estimate includes the cost of
two 20-hour training courses at $100 per course to go from a Class D to a
Class C certification.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems,
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individuals operating them. The commission estimates that there
are 100 water operations companies, and the fee will be based on the number
of systems served. The fee for companies operating zero to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require public water systems and wastewater systems
to designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, it is assumed that most systems are
operated by a person or persons who would be able to comply with this provision
without any additional cost.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certifications every three years instead
of the current eight years, and the approximately 2,070 Class B operators
would be required to renew their certifications every three years instead
of the current five years.
Wastewater collection systems transporting over one million gallons per
day (MGD) will be required to have at least one operator certified at the
Class III or Class B level. There are 359 permitted domestic waste treatment
facilities with a permitted daily average flow of one MGD or greater, and
approximately 35 separate collection systems with a daily average flow of
one MGD or greater. The commission believes that the majority of these systems
currently comply with the proposed rules. The estimated cost of upgrading
from a Class C to a Class B certification is $200. This estimate includes
the cost of two 20-hour training courses at $100 per course to go from a Class
C to a Class B certification.
Operators of mobile and remote sludge facilities will be required to hold
a Class D Wastewater Operator Certificate. The commission does not know how
many mobile facilities are in operation; however, there are two known remote
sludge facilities in Texas, and both currently have operators certified above
the Class D level. The estimated cost of Class D certification is $100, which
is the cost of the required 20-hour training course.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their class. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, it is assumed that the
number of requests will go down once a fee is charged for this service.
Although not required to do so, many public water and wastewater systems
are owned and operated by units of state and local government that may chose
to pay for the costs to comply with the proposed rules.
PUBLIC BENEFIT
Mr. Grymkoski has also determined that the public benefit for each of the
first five years these rules are in effect, when considered with the new rules,
will potentially be greater compliance with agency rules. The new certification
requirements will continue to assure the protection of public health and the
environment by requiring additional training for operators of certain public
water and wastewater systems. The repeal, reorganization, and clarification
of agency rules should also increase the protection of human health and the
environment by making rules easier to understand, thereby potentially increasing
compliance with commission rules.
Although most public water and wastewater systems are owned and operated
by units of state and local government that may chose to pay the costs to
comply with the rules, any person, business, or facility that owns or operates
a water or wastewater system may incur additional costs, which are not anticipated
to be significant.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certification expires. It also changes
the renewal period for both A and B operators. For the approximately 3,500
Class D operators, the certification fee would increase from $20 per-year
term to $40 per two-year term. The certification fee for the nearly 6,000
Class C operators would increase from $30 per three-year term to $60 per three-year
term. The certification fee for the approximately 2,500 Class B operators
would increase from $50 per five-year term to $60 per three-year term. The
certification fee for the approximately 826 Class A operators would increase
from $80 per eight-year term to $60 per three-year term. Additionally, the
estimated 300 perpetual certificate holders would be required to renew their
certificates every three years. These perpetual certificate holders would
also be subject to the continuing education requirements appropriate for their
class. These costs are estimated at $100 per 20-hour training course.
The rules would require anyone performing process control activities at
a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and it
is estimated that 1,900, or one-third, of these systems will now be required
to certify an additional operator to perform systems process control activities.
Because the rules pose no additional work requirement, the commission does
not anticipate increasing the number of operators at any facility. This certification
could initially be at any given level and the commission anticipates that
operators will apply for the lowest class, Class D. The estimated cost of
certification will be $140. This estimate includes the training cost of $100
per 20-hour training course and the $40 certification fee.
The rules would also require Class D operators who operate multiple systems
where the total number of connections exceed 250 connections to upgrade their
certification to a Class C. The estimated cost for training and licensing
to upgrade this certification is $200. This estimate is the cost of two 20-hour
training courses.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems,
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individuals operating them. The commission estimates that there
are 100 water operations companies, and the fee will be based on the number
of systems served. The fee for companies operating zero to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require public water systems and wastewater facilities
to designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, the commission assumes that most
systems are operated by a person or persons who would be able comply with
this provision without any additional cost.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certification every three years instead of
the current eight years, and the approximately 2,070 Class B operators would
also be required to renew their certification every three years instead of
the current five years.
Wastewater collection systems transporting over one MGD will be required
to have at least one operator certified at the Class III or Class B level.
There are 359 permitted domestic waste treatment facilities with a permitted
daily average flow of one MGD or greater, and approximately 35 separate collection
systems with a daily average flow of one MGD or greater. The commission believes
that the majority of these systems currently comply with the proposed rules.
The estimated cost of upgrading from a Class C to a Class B certification
is $200. This estimate includes the cost of two 20-hour training courses at
$100 per course to go from a Class C to a Class B certification.
Operators of mobile and remote sludge facilities will be required to hold
a Class D wastewater operator certificate. The commission does not know how
many mobile facilities are in operation; however, there are two known remote
sludge facilities in Texas, and both currently have operators certified above
the Class D level. The estimated cost of Class D certification is $100, which
includes the required 20-hour training course at $100.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their class. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, the commission assumes
that the number of requests will go down once a fee is charged for this service.
SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSES
Small businesses and micro-businesses that own or operate water and wastewater
systems should not be significantly adversely affected by this rulemaking.
Although most public water and wastewater systems are owned and operated
by units of state and local government that may chose to pay the costs to
comply with the rules, any small business and micro-business or facility that
owns or operates a water or wastewater system may incur additional costs,
which are not anticipated to be significant.
Specifically, the rules would increase the fees assessed on public water
system operators when their current certification expires. It also changes
the renewal period for both A and B operators. For the approximately 3,500
Class D operators, the certification fee would increase from $20 per two-year
term to $40 per two-year term. The certification fee for the nearly 6,000
Class C operators would increase from $30 per three-year term to $60 per three-year
term. The certification fee for the approximately 2,500 Class B operators
would increase from $50 per five-year term to $60 per three- year term. The
certification fee for the 826 Class A operators would increase from $80 per
eight-year term to $60 per three-year term. Additionally, the estimated 300
perpetual certificate holders would be required to renew their certificates
every three years. These perpetual certificate holders would also be subject
to the continuing education requirements appropriate for their class. These
costs are estimated at $100 per 20-hour training course.
The rules would require anyone performing process control activities at
a public water system to receive a certification from the commission. Approximately
5,704 public water systems are required to have certified operators, and it
is estimated that 1,900, or one-third, of these systems will now be required
to certify an additional operator to perform systems process control activities.
Because the rules pose no additional work requirement, the commission does
not anticipate increasing the number of operators at any facility. This certification
could be at any level and the commission anticipates that operators will apply
for the lowest class, Class D. The estimated cost of training is estimated
to be $100. This cost estimate includes $100 for a 20-hour training course.
The rules would also require Class D operators who operate multiple systems
where the total number of connections exceeds 250 connections to upgrade their
certifications to a Class C. The estimated cost for training to upgrade this
certification is $200. This estimate includes the cost of two required 20-hour
training courses at $100 per course to go from a Class D to a Class C certification.
In 2003, surface water systems will be required to have a Class B surface
water operator on staff. There are approximately 475 surface water systems,
and the commission estimates that 30%, or 142 systems, do not currently employ
a Class B surface water operator. The estimated cost of upgrading from a Class
C to a Class B certification is $300. This estimate includes the cost of three
20-hour training courses at $100 per course to go from a Class C to a Class
B certification.
Operations companies will be required to register the number the systems
served and the individual operating them. The commission estimates that there
are 100 water operations companies, and the fee will be based on the number
of systems served. The fee for companies operating 0 to four systems would
be $75; for five to nine systems, $150; for 10 to 19 systems, $250; and for
20 or more systems, $400.
The rules would also require water systems and wastewater facilities to
designate a chief operator or operators who must be present at the facility
daily. For purposes of this fiscal note, the commission assumes that most
systems are currently have a person present at the facility daily that could
be designated as a chief operator.
The proposed rules would change the renewal period for both Class A and
Class B wastewater plant operators. The approximately 840 Class A operators
would be required to renew their certifications every three years instead
of the current eight years, and the approximately 2,070 Class B operators
would also be required to renew their certification every three years instead
of the current five years.
Wastewater collection systems transporting over one MGD will be required
to have at least one operator certified at the Class III or Class B level.
There are 359 permitted domestic waste treatment facilities with a permitted
daily average flow of one MGD or greater, and approximately 35 separate collection
systems with a daily average flow of one MGD or greater. The commission believes
that the majority of these systems currently comply with the proposed rules.
The estimated cost of upgrading from a Class C to a Class B certification
is $200. This estimate includes the cost of two 20-hour training courses at
$100 per course to go from a Class C to a Class B certification.
Operators of mobile or remote sludge facilities will be required to hold
a Class D wastewater operator certificate. The commission does not know how
many mobile facilities are currently in operation; however, there are two
known remote sludge facilities in Texas, and both currently have operators
certified above the Class D level. The estimated cost of Class D certification
is $100, which includes the required 20-hour training course at $100.
The rules would also require the estimated 300 wastewater plant operators
who hold a perpetual certificate to renew their certificates every three years.
These perpetual certificate holders would also be subject to the continuing
education requirements appropriate for their class. These costs are estimated
at $100 per 20-hour training course.
Finally, anyone requesting a duplicate or replacement water or wastewater
certificate would be required to pay a $10 fee. The agency currently produces
50 to 100 duplicate certificates per year. However, the commission assumes
that the number of requests will go down once a fee is charged for this service.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of TGC, §2001.0225, and has determined that the
rulemaking is not subject to §2001.0225 because it does not meet the
definition of a "major environmental rule" as defined in TGC. Furthermore,
it does not meet any of the four applicability requirements listed in §2001.0225(a).
The procedures proposed in new Chapter 325 will reduce risks to human health
from environmental exposure by ensuring that water and wastewater treatment
plants as well as facilities for water distribution and collection will be
operated correctly. Although the rules are proposed to reduce the risk to
human health from environmental exposure, this is not a major environmental
rule because the rules will not adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the environment,
while they maintain the public health and safety of the state. The rules update
the state's current water certification standards to be compatible with newly
established federal requirements effective February 5, 1999 (64 FR 5916),
issued by EPA under the authority of the Safe Drinking Water Act Amendments
of 1996, 42 USC §§300f et seq. The rules ensure competent operation
of water and wastewater facilities, which in turn will provide an overall
benefit to the affected economy, sectors of the economy, productivity, competition,
jobs, the environment, and the public health and safety of the state and affected
sectors of the state.
The proposed rules do not exceed a standard set by federal law, exceed
an express requirement of state law, exceed a requirement of a delegation
agreement, or propose to adopt a rule solely under the general powers of the
agency. This proposal does not exceed a standard set by federal law, because
the purpose of this proposal is to adopt state rules which are equivalent
to the corresponding federal requirements. This proposal does not exceed an
express requirement of state law, because the express requirements of state
law are equivalent to the requirements set forth in this proposal. This proposal
does not exceed a requirement of a delegation agreement or contract between
the state and an agency or representative of the federal government to implement
a state and federal program. The state proposes water treatment plant operator
certification rules under Chapter 325, Subchapter A, that are substantially
equivalent to federal requirements in order to receive the maximum amount
of federal funds for the state's drinking water state revolving fund. Water
and wastewater operator certification has been a mandatory requirement under
state law since 1945. The proposal makes minor changes to the wastewater operator
certification rules under Chapter 325, Subchapter B that do not exceed state
law. This proposal does not adopt a rule solely under the general powers of
the commission (e.g., TWC, §5.103 and §5.105), but rather under
a specific state law (i.e., HSC, §§341.031, 341.033 and 341.034;
TWC, §26.0301; and TGC, §2005.003).
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these proposed
rules under TGC, 2007.043. The following is a summary of that assessment.
The purpose of Chapter 325, Subchapter A is to bring the water treatment plant
operator certification rules into compliance with the federal requirements
issued under the Safe Drinking Water Act Amendments of 1996, 42 USC §§300f
et. seq. effective February 5, 1999 (64 FR 5916). Chapter 325, Subchapter
B revises and reorganizes the wastewater operator certification rules for
greater consistency and clarity. The proposed rules substantially advance
this stated purpose by introducing language to ensure that state rules regarding
water operator certification are equivalent to the corresponding federal requirements.
Promulgation and enforcement of these proposed rules do not affect private
real property which is the subject of the rules because the proposed rules
bring certain water operator certification rules into equivalence with federal
requirements and ensure that wastewater rules are consistent with state law
requirements. There is no burden on private real property because the rules
do not subject any private real property to regulation. Also, the following
exception to the application of TGC, §2007.003(b) applies to a portion
of these proposed rules: this action is reasonably taken to fulfill an obligation
mandated by federal law.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed this rulemaking and found that the proposal
is not a rulemaking subject to the Texas Coastal Management Program (CMP).
The purpose of these rules is to bring the water treatment plant operator
certification rules into compliance with the federal requirements adopted
under the Safe Drinking Water Act Amendments of 1996, 42 USC §§300f
et seq. effective February 5, 1999 (64 FR 5916); and to revise the wastewater
operator certification rules for greater consistency and clarity. The rulemaking
does not govern air pollutant emissions, on-site sewage disposal systems,
or underground storage tanks which would make it subject to the CMP under
31 TAC §505.11(b)(2). The rulemaking also does not govern or authorize
actions listed in Coastal Coordination Act Implementation Rules (i.e., 31
TAC §505.11(a)(6)), and is not a rule certified under the CMP.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on August 24,
2000 at 10:00 a.m. at the TNRCC complex in Building F, Room 3202A, located
at 12100 Park 35 Circle. The hearing will be structured for the receipt of
oral or written comments by interested persons. Individuals may present oral
statements when called upon in order of registration. There will be no open
discussion during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments regarding this proposal may be submitted to Lisa Martin, Office
of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087,
Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should
reference Rule Log Number 1999-013-290-WT. Comments must be received by 5:00
p.m., August 28, 2000. For further information or questions concerning this
proposal, please contact Juanita Lopez, Manager, Operator Certification Section,
(512) 239-6165, or Michelle Lingo of the Office of Environmental Policy, Analysis,
and Assessment, (512) 239-6757.
30 TAC §§325.1 - 325.16
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals are proposed under TWC, §§5.103, 5.105, and 26.0301,
which provide the commission with the authority to adopt any rules necessary
to carry out its powers and duties under the provisions of the TWC or other
laws of this state.
The proposed repeals implement TWC, §26.0301 and TGC, Chapter 2005.
§325.1.Definitions.
§325.2.Certificates for Wastewater Treatment Plant Operators.
§325.3.Certificates for Collection System Operators.
§325.4.(Effective beginning September 1, 1991) - Classification of Wastewater Treatment Facilities.
§325.5.Applications and Fees.
§325.6.Renewal of Operator Certificates.
§325.7.Certificates for Wastewater Treatment Facility Operations Companies.
§325.8.Terms of Certificates for Wastewater Treatment Facility Operations Companies.
§325.9.Reports, Applications, and Renewals for Wastewater Treatment Facility Operations Companies.
§325.10.Public Hearing on Applications for Renewal of Certificates for Wastewater Treatment Facility Operations Companies.
§325.11.Sanctions.
§325.12.Notice of Hearings.
§325.13.Enforcement Hearings.
§325.14.Reciprocity.
§325.15.Perpetual Certificates of Competency.
§325.16.Nonrenewal of Certificate of Competency Due to Loan Default.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 14, 2000.
TRD-200004875
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 239-1966
30 TAC §§325.1, 325.2, 325.4, 325.6 - 325.8, 325.10, 325.12, 325.14, 325.16, 325.18, 325.20, 325.22, 325.24, 325.26, 325.28, 325.30
STATUTORY AUTHORITY
The new sections are proposed under TWC, §5.103 and §5.105, which
provide the commission with the authority to adopt any rules necessary to
carry out its powers and duties under the provisions of the TWC or other laws
of this state; under HSC, §§341.031, 341.033, and 341.034, which
authorize the commission to adopt and enforce rules to implement the federal
Safe Drinking Water Act (42 USC §§300f et seq.); and under TGC,
Chapter 2005, regarding permit processing.
The proposed new sections implement HSC, §§341.031, 341.033,
and 341.034; and TGC, Chapter 2005.
§325.1.Date for Compliance.
By June 1, 2001, all public water system certified operators and public
water system operations companies must comply with the provisions of this
subchapter.
§325.2.Applicability and General Provisions.
(a)
The legal authority for the rules in this subchapter is
Texas Health and Safety Code, §§341.031, 341.033, and 341.034.
(b)
The purpose of the rules in this subchapter is to provide
a uniform procedure for issuing certificates of competency to public water
system operators and certificates of registration to public water system operations
companies.
(c)
Except as provided in section (d) of this section, all
public water systems must have at least one certified operator as required
under §325.8 of this title (relating to Classification of Public Water
Systems and Certificates Required).
(d)
Transient noncommunity public water systems are not required
to have a certified operator as required under §325.8 of this title if
the transient noncommunity public water system uses:
(1)
groundwater that is not under the influence of surface
water; or
(2)
purchased treated water that meets the drinking water standards
of Chapter 290, Subchapter D of this title (relating to Certification of Waterworks
Personnel).
(e)
Certificates of competency are established for water treatment
plant operators and water distribution system operators to operate or assist
in the operation of water treatment or distribution systems.
(f)
Certificates of registration are established for public
water system operations companies to operate public water systems on a contract
basis.
(g)
The currently named "Grade" certificates are valid until
they are replaced by the new "Class" certificates.
(h)
All renewable Class D certificates that were issued to
operators who do not possess a high school diploma or its equivalent may still
be renewed according to §325.18 of this title (relating to Renewal of
Certificates of Competency).
§325.4.Definitions.
The following words and terms when used in this subchapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Certificate of competency - Certificate issued by the commission
stating that the operator has qualified for public water system certification
at the class specified.
(2)
Certificate of registration - Certificate issued by the
commission to public water system operations companies to allow companies
to provide operational services to public water treatment facilities or potable
water distribution systems on a contract basis.
(3)
Chief operator - Person with overall responsibility for
the operation of a public water system.
(4)
Connection - Shall have the same meaning as defined in §290.38
of this title (relating to Definitions).
(5)
Daily on-site responsibility - Daily assigned duties of
a certified operator who performs work, makes decisions, or gives directions
to others about the operation of a public water system. These actions are
part of the daily assigned job duties of that person.
(6)
Designated courses - Courses or their equivalent which
are required to obtain or renew a water operator certificate of competency.
(7)
Operator in responsible charge - Certified operator who
has been charged with the on-site supervision of the public water system in
the absence of the chief operator.
(8)
Operator-in-training - Person entering the field of potable
water treatment or distribution for the first time.
(9)
Public water system - Shall have the same meaning as defined
in §290.38 of this title.
(A)
Community water system - Shall have the same meaning as
defined in §290.38 of this title.
(B)
Noncommunity public water system - Shall have the same
meaning as defined in §290.38 of this title.
(C)
Nontransient noncommunity public water system - Shall have
the same meaning as defined in §290.38 of this title.
(D)
Transient noncommunity water system - Shall have the same
meaning as defined in §290.38 of this title.
(10)
Public water system operator - Certified operator who
performs process control in production or distribution of drinking water.
(A)
Surface water system operator - Certified operator who
has daily on-site responsibility for activities that result in production,
treatment, and possible distribution of any surface water used as a water
source for a public water system.
(B)
Groundwater system operator - Certified operator who has
daily on-site responsibility for activities that result in production, treatment,
and possible distribution of any groundwater used as a water source for a
public water system.
(C)
Distribution/purchased system operator - Certified operator
who has daily on-site responsibility for activities that result in the distribution
of potable water for a public water system and responsibility for a purchased
water system.
(11)
Public water system operations company - Any business,
company, corporation, firm, partnership, individual, or other nongovernmental
entity that provides operations services for public water systems on a contract
basis.
(12)
Training credits - Hours of water credit allowed by the
executive director for attendance at an approved training event.
(13)
Work experience - Actual performance of job tasks in public
water systems considered essential for the production, treatment, or distribution
of drinking water.
§325.6.Administration.
The executive director will be responsible for the following:
(1)
reviewing applications;
(2)
developing, administering, and grading examinations;
(3)
issuing and renewing certificates;
(4)
maintaining records related to operator and company certificates;
(5)
collecting fees; and
(6)
approving training for certification credits.
§325.7.Processing Applications.
(a)
Complete applications for public water system operators
must comply with §325.10 of this title (relating to Qualifications for
Public Water System Operators). Complete renewal applications for public water
system operators must comply with §325.18 of this title (relating to
Renewal of Certificates of Competency). Complete applications for public water
system operations companies must comply with §325.28 of this title (relating
to Certification of Public Water System Operations Companies).
(b)
Applications for certification will be processed in accordance
with the following time periods.
(1)
Within 45 days following the receipt of an initial application,
the executive director shall provide written notice to the applicant containing:
(A)
a statement that the application is complete and accepted
for filing; or
(B)
a statement that the application is incomplete and a listing
of the specific additional information required for acceptance of the application.
(2)
Within 45 days following the receipt of a complete application,
the executive director shall approve or deny an application. If the executive
director determines to deny the application, the applicant shall be provided
notice and an opportunity for a hearing prior to denying the application.
(c)
Good cause for exceeding the established processing periods
under subsection (b) of this section exists if:
(1)
the number of applications to be processed exceeds by at
least 15% the number of applications processed in the same quarter of the
previous calendar year;
(2)
a public or private entity other than the commission was
used to process all or a part of the permit applications received by the commission,
and the delay is caused by that entity; or
(3)
other conditions exist, giving the commission good cause
for exceeding the established processing period.
(d)
If the commission exceeds the processing time periods established
in subsection (b) of this section, an applicant for certification may file
a written complaint with the executive director and request a timely resolution
of any dispute arising from the delay.
(e)
An applicant who files a written complaint under subsection
(d) of this section is entitled to full reimbursement of all application filing
fees paid if the executive director determines that the established period
for application processing was exceeded and good cause for exceeding the established
processing period does not exist.
(f)
If the executive director does not agree that the established
processing periods have been exceeded or finds that good cause exists for
exceeding the established processing periods, the request will be denied.
§325.8.Classification of Public Water Systems and Certificates Required.
(a)
Any public water system operator as defined in §325.4
of this title (relating to Definitions) must hold a valid certificate of competency
as a public water system operator. The only exceptions are:
(1)
an operator for a transient noncommunity system which uses
only purchased treated water or groundwater sources that are not under the
direct influence of surface water; or
(2)
an operator-in-training.
(b)
A person first entering the field of drinking water treatment
may be employed as an operator-in- training for a period up to one year.
(1)
All duties performed by an operator-in-training will be
performed in the presence of a certified operator.
(2)
All duties performed by an operator-in-training at surface
water systems will be performed in the presence of a certified operator with
a Class C or higher certificate.
(c)
Each public water system, except transient noncommunity
systems using only purchased water or groundwater not under the direct influence
of surface water, will employ or contract with one or more operators holding
valid certificates of competency.
(d)
Public water systems, both community and nontransient noncommunity,
must be classified and minimally staffed with certified chief operators in
accordance with the following criteria.
Figure: 30 TAC §325.8(d)
(e)
Each public water system must be operated on a daily basis
by the certified chief operator or an operator holding a certificate of the
same class or higher.
(f)
A certified ground or surface water treatment operator
may perform all duties relating to the operation and maintenance of drinking
water production, purchased water, and water distribution systems. It is not
necessary to hold both production and distribution certificates.
(g)
Certificates of competency will not be issued to employees
of state or federal agencies having regulatory authority over public water
systems.
(h)
Either the certified chief operator or certified operator
in responsible charge will be present for scheduled agency inspections.
(i)
A Class C certificate or higher will be required for persons
operating multiple systems and when the total number of connections exceed
250.
(j)
For the operation of groundwater or purchased water systems,
any person who treats the water to ensure or improve its potability or delivery,
including the operation of chemical feed systems, filtration, disinfection,
or pressure maintenance equipment must be a certified waterworks operator.
(1)
A person who maintains system pressures, determines the
adequacy of disinfection and disinfection procedures, takes daily chlorine
residuals, takes routine microbiological samples, and takes microbiological
samples and chlorine residual tests after repairs or installation of lines
or appurtenances must be certified.
(2)
An uncertified person who performs maintenance, expansion,
or repair activities on a public water distribution system, which causes the
pressure in all or part of the line to fall below 20 pounds per square inch,
may do the work only when supervised by an on-site certified public water
system operator.
(k)
For the operation of groundwater sources under the direct
influence of surface water and using cartridge filters or coagulant addition
with direct filtration, any person who operates the system must have a Class
C or higher groundwater certificate and have completed additional training
as required in §325.10 of this title (relating to Qualifications for
Public Water System Operators). As an alternative, the operator may have a
Class C or higher surface water certificate.
(l)
For the operation of surface water systems, any person
who performs any type of process control must be certified. Each plant must
have a qualified operator on duty when the plant is in operation or have continuous
turbidity and disinfectant residual monitors with automatic plant shutdown
and alarms to summon operators to ensure that the water produced continues
to meet the commission's drinking water standards during the time that the
plant is unattended. This section also applies to any groundwater system under
the influence of surface water that receives complete surface water treatment.
(m)
After June 1, 2001, should any conflict or inconsistency
arise between §290.46(e) of this title (relating to Minimum Acceptable
Operating Practices for Public Drinking Water Systems) and the provisions
of this subsection, the provisions of this subsection shall control.
§325.10.Qualifications for Public Water System Operators.
(a)
The qualification requirements for each class of certificate
include:
(1)
a minimum level of education;
(2)
a minimum level of training;
(3)
a period of experience as a treatment plant operator or
distribution system operator;
(4)
a grade of 70% or higher on a written examination for that
certificate class; and
(5)
a payment of the applicable fee.
(b)
The education, work experience, and training credit requirements
for each class of certificate are as follows.
Figure: 30 TAC §325.10(b)
(c)
At least one-half of the total experience requirement must
be actual experience in public water system operations in the specific field
for the certification that is needed, as stated in paragraphs (1)-(4) of this
subsection.
(1)
For Class C and B surface water certificates, at least
one-half of the required experience must be obtained through operations activities
at the production or treatment facilities for surface water source or groundwater
source that is under the direct influence of surface water.
(2)
For Class C and B groundwater certificates, at least one-half
of the required experience must be obtained through operations activities
at the production or treatment facilities for groundwater source or groundwater
source that is under the direct influence of surface water.
(3)
For Class C and B distribution certificates, at least one-half
of the required experience must be obtained as a result of operations activities
at treated water storage, pumping, or distribution facilities.
(4)
For laboratory experience to count fully toward operator
certification, the laboratory must be owned and operated by the public water
system and the laboratory technician must consult daily with public water
system personnel.
(d)
Bachelors or Masters degrees which will substitute for
experience at the Class A and Class B level are those with a major in chemistry,
biology, engineering, microbiology, bacteriology, or other similar disciplines
that are approved by the executive director on a case-by-case basis.
(e)
For applicants with a high school diploma or equivalent,
32 semester hours of college or an additional 40 hours of training credits
may be substituted for one year of the experience requirement. The maximum
years allowed for substitution are as follows.
(1)
Class A and Class B applicants may substitute up to two
years of the required work experience.
(2)
Class C applicants may substitute up to one year of the
required work experience.
(f)
The hours of training credit required for certification
must be in approved courses which include the following or their equivalents.
Figure: 30 TAC §325.10(f)
§325.12.Applications and Examinations.
(a)
All applications for certificates of competency will be
made on an agency approved form.
(1)
All statements and qualifications provided by each applicant
are subject to verification.
(2)
Misrepresentation or falsification of any information will
be grounds for rejection of an application or for enforcement action.
(3)
All applications must be completed in full. All deficiencies
must be corrected within four months of notification or the examination will
be considered invalid.
(4)
An applicant must furnish evidence of any training credit
or proof of education when requested.
(b)
Certificates of competency will not be issued until all
requirements of this subchapter have been met.
(c)
If an applicant does not pass an examination, the applicant
must wait three months before taking the examination again. If the applicant
fails the first examination, the application will be valid for one year. During
this year, the applicant may take the examination two more times without paying
an additional fee. On a case-by-case basis, the executive director may require
additional training after a failed examination.
(d)
To pass an examination, an applicant must make a score
of 70% or higher.
(e)
If an applicant takes more than one level of examination
at the same time, the appropriate fee must be submitted for each application.
§325.14.Certificates of Competency, Terms, and Fees.
(a)
All applications for certificates of competency must be
accompanied by the appropriate fees. Fees are not refundable.
(b)
The required fee must be paid with each application. The
fees and terms of certificates are as follows.
Figure: 30 TAC §325.14(b)
(c)
A fee of $10 will be charged for a duplicate copy, the
replacement of a lost or damaged certificate, or for any requested change
to a certificate.
§325.16.Reciprocity.
A certificate of competency may be issued, without examination, if
the applicant holds a valid public water system operator certificate issued
under the laws of any other state, territory, or possession of the United
States of America, or any other country provided:
(1)
the out-of-state requirements are equal to, or more stringent
than, the provisions of this subchapter;
(2)
the applicant passed a written examination in order to
obtain the out-of-state certificate;
(3)
the corresponding state recognizes and honors certificates
of competency issued by the commission; and
(4)
an application has been submitted and the appropriate fee
has been paid.
§325.18.Renewal of Certificates of Competency.
(a)
A certificate may be renewed unless revoked or replaced
by a higher class of certificate.
(b)
Class D certificates are not renewable or eligible for
reinstatement or recertification for:
(1)
certified operators at groundwater treatment systems of
250 connections or more;
(2)
certified operators at surface water treatment systems;
(3)
certified operators at groundwater under the influence
of surface water systems; or
(4)
certified operators who are supervisors of distribution
systems that have over 250 connections.
(c)
The executive director will mail a renewal application
to each certified operator before the expiration date of the certificate.
It will be mailed to the most recent address provided by the certified operator.
It is the responsibility of the certified operator to make sure that a completed
application for renewal and the appropriate fee is submitted no later than
30 days following the expiration date of the certificate.
(d)
A certificate of competency may be renewed by completion
of training credits. The training credit hours must be earned after the issuance
date and before the expiration date of the certificate. A completed renewal
application, with the appropriate fee, must also be submitted. The training
and fees required for renewal are as follows.
Figure: 30 TAC §325.18(d)
(e)
A certificate of competency may also be renewed by examination,
within 30 days following the expiration date. To renew a certificate of competency
by examination, an applicant must submit an application, pay the required
renewal fee, and pass an examination.
(f)
A certificate of competency may be reinstated after one
year after the certificate expiration date. To reinstate a certificate of
competency, an applicant must submit an application with the appropriate fee
and pass an examination.
(g)
If a certificate of competency has been expired over one
year, the operator must recertify. To recertify, an operator must meet all
current education, training, and experience requirements, submit an application
with the appropriate fee, and pass the examination.
(h)
The basic water course may not be used to renew a Class
A or B certificate.
(i)
The executive director may require specific courses for
renewal on a case-by-case basis.
(j)
After the expiration date, the certificate is no longer
valid.
(k)
All certified operators must notify the executive director
of any change in address or employment within ten days from the date the change
occurs.
(l)
If a certificate of competency expires while a certified
operator is in full-time active military service, the certificate may be renewed
without examination upon:
(1)
proof of military service;
(2)
proof of the previously held certificate; and
(3)
payment of the appropriate fee.
§325.20.Perpetual Certificates.
(a)
If a certified operator holds a perpetual certificate and
wants to maintain an active certificate, the certified operator must notify
the executive director of the operator's intention to keep the certificate
active. This request must be made by June 1, 2001.
(b)
If the holder of a perpetual certificate does not want
to maintain an active certificate, the certificate will be converted to an
honorary certificate. If the certified operator does not contact the executive
director by June 1, 2001, an honorary certificate will be issued. The holder
of an honorary certificate will not be allowed to perform any operational
duties in a water system.
(c)
To obtain an active certificate after June 1, 2001, the
operator must meet the current education, training, and experience requirements,
pay the appropriate fee, and pass an examination.
(d)
Terms and renewal training credits of perpetual certificates
converted to active certificates are as follows.
Figure: 30 TAC §325.20(d)
(e)
To renew a converted active certificate, a renewal application
must be submitted. This will include proof of completion of training credit
hours and current employment information. It must be received by the executive
director no later than 30 days after the expiration date, or the certificate
will be renewable only by examination.
(f)
Training credit hours must be earned after the issuance
date and before the expiration date of the certificate.
§325.22.Nonrenewal of Certificates of Competency Due to Loan Default.
In accordance with Texas Education Code, Chapter 57, the executive
director shall not renew the certificate of a person identified by the Texas
Guaranteed Student Loan Corporation (TGSLC) as being in default on loans guaranteed
by the TGSLC unless:
(1)
the renewal is the first renewal following the executive
director's receipt of notification that the person holding a certificate of
competency is in default; or
(2)
the person submits to the executive director a certificate
from the TGSLC indicating that the person is not in default on a loan guaranteed
by TGSLC; or
(3)
the person submits to the executive director a certificate
from TGSLC indicating that the person has entered a repayment agreement on
the defaulted loan guaranteed by TGSLC.
§325.24.Nonrenewal of Certificates of Competency Due to Failure to Pay Child Support.
In accordance with Texas Family Code, Chapter 232, the executive director
shall not renew the certificate of a person identified by the Office of the
Attorney General as being delinquent on child support payments unless:
(1)
the person submits to the executive director a certificate
from the Office of the Attorney General indicating that the person is not
delinquent on child support payments; or
(2)
the person submits to the executive director a certificate
from the Office of the Attorney General indicating that the person has entered
a child support repayment agreement with the Office of the Attorney General.
§325.26.Training Approvals.
(a)
Training used to meet the requirements for obtaining or
renewing operator certificates of competency must be in water-related topics,
as approved by the executive director prior to the receipt of the training.
(b)
Training credit for attendance at meetings of water and
wastewater-related organizations will be approved only when the meetings include
training sessions related to water utility operations. Training credit will
be based upon recorded attendance or by other means determined by the executive
director.
(c)
If the specific course and subject are approved, the executive
director will determine the number of hours of credit that will be granted
for the course. Training credit for attendance at training courses and seminars
approved by the executive director will be allowed in accordance with the
following provisions:
(1)
one hour of credit per hour in attendance; and
(2)
training credit will be recorded as approved by the executive
director.
(d)
Upon approval by the executive director, training credit
may also be satisfied by other professional activities, such as publication
of articles or by teaching training courses.
(e)
The executive director must approve the providers of training
courses.
(f)
The executive director may rescind or deny training approvals.
§325.28.Certification of Public Water System Operations Companies.
(a)
Every public water system operations company as defined
in §325.4 of this title (relating to Definitions) must hold a valid certificate
of registration issued under the direction of the executive director.
(b)
Any operator employed by a public water system operations
company must hold a valid certificate of competency. The certified chief operator
of each public water system must hold the appropriate level of certification
required by §325.8 of this title (relating to Classification of Public
Water Systems and Certifications Required).
(c)
When a certificate of registration is suspended or revoked,
the operations company is no longer authorized to operate or assist in operation
of any public water system, unless specifically authorized to do so by the
executive director, or unless the certificate has been reinstated.
(d)
Prior to issuance or renewal of an operations company's
certificate, an application must be submitted with the appropriate fee. The
fee is based on the number of public water systems served, as follows.
Figure: 30 TAC §325.28(d)
(e)
Certificates of registration for public water system operations
companies will be valid for a term of two years.
(f)
Certificates of registration will not be issued until all
requirements have been met.
(g)
Every public water system operations company must submit
a yearly report to the executive director within one year and 30 days after
issuance or renewal of the certificate. The report will include for each system:
(1)
public water system name, location, and mailing address;
(2)
name and mailing addresses of the responsible party;
(3)
public water system identification number;
(4)
date of operation during the reporting year;
(5)
names of all operators employed by the operations company,
including their mailing addresses, classes and certificate numbers, and systems
for which all employees work or have worked during the reporting year;
(6)
chief certified operators and supervisors; and
(7)
any additional information required by the executive director.
(8)
After June 1, 2001, should any conflict or inconsistency
arise between §290.46(r) of this title (relating to Minimum Acceptable
Operating Practices for Public Drinking Water Systems) and the provisions
of this subsection, the provisions of this subsection shall control.
(h)
The information in subsection (g) of this section must
be submitted with any application for a new or renewal certificate along with
the appropriate fee.
(i)
The information in subsection (g) of this section must
be amended in writing within ten days of any change in personnel or change
in the systems operated.
(j)
Operations company certificates are not transferable.
(k)
If a company is sold or reorganized such that control of
the operation of the company is transferred from one person to another, the
operations company certificate will be considered invalid. The newly organized
company must apply for a new certificate.
(l)
Once a year, governmental entities or quasi-governmental
entities, such as river authorities, that contract to operate public water
systems must report to the commission the information required by subsection
(g) of this section.
§325.30.Enforcement.
(a)
Operators are responsible for performing adequate process
control of public water systems as recognized by current best management practices.
Operator performance that results in violations may subject the operator to
administrative penalties or other sanctions as described in this section.
(b)
If an operator or company causes or allows a violation
of the rules or falsifies documents, they may be subject to a reprimand, suspension,
revocation of the certificate, or other penalties. Additional training may
also be required on a case-by-case basis as a remedial action. Notification
of enforcement actions will be issued in writing and delivered by certified
mail.
(c)
A reprimand is a warning that further violations or offenses
may warrant suspension or revocation proceedings.
(d)
Suspension means that a certificate is no longer valid
and the certified operator or company is not authorized to operate any water
treatment or distribution systems until the suspension period is complete.
(1)
A certificate may be suspended for up to one year.
(2)
After the suspension period has ended, the certified operator
will not have to retest to reinstate the certificate.
(3)
If a certificate expiration date falls within the suspension
period, the certified operator or company must still renew the certificate
according to §325.18 of this title (relating to Renewal of Certificates
of Competency) and §325.28 of this title (relating to Certification of
Public Water System Operations Companies). After the suspension period has
ended, the certificate will be reinstated.
(e)
Revocation means that a certificate is no longer valid
and that the previously certified operator or company is not authorized to
operate any drinking water treatment or distribution systems.
(1)
A certificate may be revoked for a period of not less than
one year. Upon a second similar violation, the commission may permanently
revoke the certificate.
(2)
After the revocation period has ended, the operator or
company may reapply for a certificate as if applying for the first time.
(f)
The holder of a certificate is not subject to revocation
or suspension of a certificate if the certified operator or operations company
is unable to properly operate the public water system due to:
(1)
faulty system design or construction; or
(2)
the refusal of the owner or the management of the system
to authorize the necessary funds to operate the water system properly.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 14, 2000.
TRD-200004876
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 239-1966
30 TAC §§325.100 - 325.102, 325.104 - 325.106, 325.108, 325.110, 325.112, 325.114, 325.116, 325.118, 325.120, 325.122, 325.124, 325.126, 325.128
STATUTORY AUTHORITY
The new sections are proposed under TWC, §5.103 and §5.105, which
provide the commission with the authority to adopt any rules necessary to
carry out its powers and duties under the provisions of the TWC or other laws
of this state; under TWC, §26.0301 regarding wastewater operator certification;
and under TGC, §2005, regarding permit processing.
The proposed new sections implement TWC, §26.0301; and TGC, Chapter
2005.
§325.100.Date for Compliance.
By June 1, 2001, all wastewater operators and wastewater operations
companies must comply with the provisions of this subchapter.
§325.101.Applicability and General Provisions.
(a)
The legal authority for these rules is Texas Water Code, §26.0301.
(b)
The purpose of these rules is to provide a uniform procedure
for issuing certificates to domestic wastewater treatment facility operators,
wastewater collection system operators, and companies who operate these facilities
contractually.
(c)
Certificates of competency are established for domestic
wastewater treatment facility operators and wastewater collection system operators
to operate, or assist in the operation of, wastewater treatment facilities
or wastewater collection systems.
(d)
Certificates of registration are established for wastewater
system operations companies to operate wastewater treatment and collection
facilities on a contract basis.
(e)
All Class D and Class I certificates issued to operators
who do not possess a high school diploma or its equivalent, may still be renewed
according to §325.116 of this title (relating to Renewal of Certificates
of Competency).
§325.102.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Certificate of competency - Certificates issued by the
commission stating that the operator has qualified for wastewater operator
certification at the class specified.
(2)
Certificate of registration - Certificate issued by the
commission to wastewater system operations companies to allow the companies
to provide operational services to wastewater treatment facilities or wastewater
collection systems on a contract basis.
(3)
Chief operator - The certified operator with overall responsibility
for the operation of a wastewater treatment facility.
(4)
Designated courses - Courses or their equivalent which
are required to obtain a wastewater operator certificate of competency.
(5)
Domestic wastewater - Waste and wastewater from humans
or household operations that are discharged to a wastewater collection system
or otherwise enters a wastewater facility.
(6)
Operator in responsible charge - Certified operator who
has been charged with the on-site supervision and operation of the wastewater
facility in the absence of the chief operator.
(7)
Operator-in-training - A person entering the field of wastewater
treatment or collection for the first time.
(8)
Training credit - Hours of wastewater credit allowed by
the executive director for attendance at an approved training event.
(9)
Wastewater collection system - Lines, manholes, pumps,
pumping stations, and other components necessary to collect and transport
domestic wastewater.
(10)
Wastewater collection system operator - Any person, in
active field supervision, who provides frequent on-site inspection and supervision
of wastewater collection system operation or maintenance activities.
(11)
Wastewater disposal permit - A domestic wastewater disposal
permit issued by the commission in accordance with Texas Water Code, Chapter
26.
(12)
Wastewater treatment facility - Any facility installed
for the purpose of treating, neutralizing, or stabilizing wastewater, the
operation of which requires a wastewater disposal permit from the commission.
(13)
Wastewater system operations company - Any business, company,
corporation, firm, partnership, individual, or other non-governmental entity
that provides operations services, on a contract basis, to one or more wastewater
treatment facilities or collection systems.
(14)
Wastewater treatment facility operator - Any person who
performs process control tasks at a wastewater treatment facility.
(15)
Work experience - The actual performance of job tasks
in domestic wastewater, considered essential for the treatment or collection
of domestic wastewater.
§325.104.Administration.
The executive director will be responsible for the following:
(1)
reviewing applications;
(2)
developing, administering, and grading examinations;
(3)
issuing and renewing certificates;
(4)
maintaining records related to operator and company certificates;
(5)
collecting fees; and
(6)
approving training for certification credits.
§325.105.Processing Applications.
(a)
Complete applications for wastewater system operators must
comply with §325.108 of this title (relating to Qualifications for Wastewater
Treatment Facility and Collection System Operators). Complete renewal applications
for wastewater system operators must comply with §325.116 of this title
(relating to Renewal of Certificates of Competency). Complete applications
for wastewater system operations companies must comply with §325.126
of this title (relating to Certification of Wastewater System Operations Companies).
(b)
Applications for certification will be processed in accordance
with the following time periods.
(1)
Within 45 days following the receipt of an initial application,
the executive director shall provide written notice to the applicant containing:
(A)
a statement that the application is complete and accepted
for filing; or
(B)
a statement that the application is incomplete and a listing
of the specific additional information required for acceptance of the application.
(2)
Within 45 days following the receipt of a complete application,
the executive director shall approve or deny an application. If the executive
director determines to deny the application, the applicant shall be provided
notice and an opportunity for a hearing prior to denying the application.
(c)
Good cause for exceeding the established processing periods
under subsection (b) of this section exists if:
(1)
the number of applications to be processed exceeds by at
least 15% the number of applications processed in the same quarter of the
previous calendar year;
(2)
a public or private entity other than the commission was
used to process all or a part of the permit applications received by the commission,
and the delay is caused by that entity; or
(3)
other conditions exist, giving the commission good cause
for exceeding the established processing period.
(d)
If the commission exceeds the processing time periods established
in subsection (b) of this section, an applicant for certification may file
a written complaint with the executive director and request a timely resolution
of any dispute arising from the delay.
(e)
An applicant who files a written complaint under subsection
(d) of this section is entitled to full reimbursement of all application filing
fees paid if the executive director determines that the established period
for application processing was exceeded and good cause for exceeding the established
processing period does not exist.
(f)
If the executive director does not agree that the established
processing periods have been exceeded or finds that good cause exists for
exceeding the established processing periods, the request will be denied.
§325.106.Classification of Wastewater Treatment Facilities, Wastewater Collection Systems, and Certificates Required.
(a)
Any wastewater treatment facility operator as defined in §325.102
of this title (relating to Definitions) must hold a valid certificate of competency
as a wastewater treatment facility operator. The only exception is an operator-in-training.
(b)
Any wastewater collection system operator as defined in §325.102
of this title who does not hold a wastewater treatment facility operator's
certificate must hold a valid certificate of competency as a wastewater collection
system operator. The only exception is an operator-in-training.
(c)
Operators of remote or mobile sludge processing facilities
are required to hold a valid Class D or higher certificate of competency.
(d)
Operators of domestic wastewater treatment facilities owned
and located on industrial sites which are regulated by industrial-type wastewater
disposal permits are required to be certified. This is required only if the
point of discharge is separate from any other industrial outfalls and the
domestic wastewater is not mixed with other industrial wastewater prior to
discharge.
(e)
A person first entering the field of wastewater treatment
or collection may be employed as an operator-in-training for a period up to
one year. An operator-in-training must work in the presence of a certified
operator during this time.
(f)
Each holder of a wastewater disposal permit for a wastewater
treatment facility will employ or contract with one or more certified wastewater
treatment facility operators or wastewater system operations companies holding
a valid certificate of competency or registration.
(g)
Domestic wastewater treatment facilities will be classified
in accordance with the following criteria.
Figure: 30 TAC §325.106(g)
(h)
Category D wastewater treatment facilities will be reclassified
as Category C facilities if any of the following conditions exist:
(1)
a Category D facility incorporating anaerobic sludge digestion,
except Imhoff tanks with sludge drawn off to drying beds;
(2)
a Category D facility whose permit requires nutrient reduction;
or
(3)
a Category D facility whose permit requires the final effluent
to meet a daily average biochemical oxygen demand
5
(BOD
5
) or total suspended solids (TSS) concentration
less than ten mg/l.
(i)
A wastewater treatment facility having a combination of
treatment processes which are in different categories will be assigned the
higher category.
(j)
The executive director may increase the treatment facility
classification for facilities which include unusually complex processes or
present unusual operation or maintenance conditions.
(k)
The chief operator of each wastewater treatment facility
must possess a certificate equal to or higher than that of the category of
treatment facility.
(l)
Each category of facility must be operated on a daily basis
by the certified chief operator or a certified operator holding a certificate
of the same class or higher.
(m)
Where shift operation of the wastewater treatment facility
is necessary, each shift which does not have the on-site supervision of the
certified chief operator must be supervised by an operator in responsible
charge who is certified at not less than one level below the category of the
facility.
(n)
Either the certified chief operator or certified operator
in responsible charge must be present for scheduled agency inspections.
(o)
A certified wastewater treatment facility operator may
perform all duties relating to the operation and maintenance of both wastewater
treatment facilities and wastewater collection systems. It is not necessary
to hold both types of certificates. A certified collection system operator
may perform only those duties relating to the operation and maintenance of
wastewater collection systems.
(p)
Each classified wastewater collection system must have
at least one certified operator who holds a certificate class equal to or
higher than that category of system. Wastewater collection systems will be
classified as follows.
Figure: 30 TAC §325.106(p)
(q)
Certificates of competency will not be issued to employees
of state or federal agencies having regulatory authority over wastewater systems.
§325.108.Qualifications for Wastewater Treatment Facility and Collection System Operators.
(a)
The qualification requirements for each class of certificate
include:
(1)
a minimum level of formal education;
(2)
a minimum level of training;
(3)
a period of experience as a treatment facility or collection
system operator;
(4)
a grade of 70% or higher on a written examination for that
certificate class; and
(5)
a payment of the applicable fee.
(b)
The education, work experience, and training credit requirements
for each class of certificate are as follows.
Figure: 30 TAC §325.108(b)
(c)
Each year of related experience will count as only one-half
year of experience if the experience involves tasks similar to those required
for operation of wastewater treatment facilities. At least one-half of the
total experience requirement must be in actual domestic wastewater treatment
facility operation or maintenance duties. In order for laboratory experience
to be fully applicable, the laboratory must be owned and operated by the permittee
and the laboratory technician must consult daily with operational personnel.
(d)
Wastewater collection system experience must be in actual
wastewater collection system operation or maintenance duties. Credit for experience
not directly connected with collection system operation or maintenance will
be approved if the experience involves tasks that are similar to that required
for the operation and maintenance of collection systems. Each year of related
experience will count as only one-half year of experience. Each year of experience
in collection system operation and maintenance will only count as one-half
year of experience toward a wastewater treatment facility operator certificate.
(e)
Bachelors or Masters degrees which will substitute for
experience at the Class A and Class B level are those with a major in chemistry,
biology, engineering, microbiology, bacteriology, or other similar disciplines,
approved by the executive director on a case-by-case basis.
(f)
For applicants with a high school diploma or equivalent,
32 semester hours of college or an additional 40 hours of training credits
may be substituted for one year of the experience requirement. The maximum
years allowed for substitution are as follows:
(1)
Class A, Class B, and Class III applicants may substitute
up to two years of the required work experience; and
(2)
Class C and Class II applicants may substitute up to one
year of the required work experience.
(g)
The hours of training credit required for certification
must be in approved courses, which include the following or their equivalents.
Figure: 30 TAC §325.108(g)
§325.110.Applications and Examinations.
(a)
All applications for certificates of competency will be
made on an agency approved form.
(1)
All statements and qualifications provided by each applicant
are subject to verification.
(2)
Misrepresentation or falsification of any information will
be grounds for rejection of an application or for enforcement action.
(3)
All applications must be completed in full. All deficiencies
must be corrected within four months of notification, or the application and
examination will be considered invalid.
(4)
An applicant must furnish evidence of any training credit
or proof of education when requested.
(b)
Certificates of competency will not be issued until all
requirements of this subchapter have been met.
(c)
If an applicant does not pass an examination, the applicant
must wait three months before taking the examination again. If the applicant
fails the first examination, the application will be valid for one year. During
this year, the applicant may take the examination two more times without paying
an additional fee. On a case-by-case basis, the executive director may require
additional training after a failed examination.
(d)
To pass an examination, an applicant must make a score
of 70% or higher.
(e)
If an applicant takes more than one level of examination
at the same time, the appropriate fee must be submitted for each application.
§325.112.Certificates of Competency, Terms, and Fees.
(a)
All applications for certificates of competency must be
accompanied by the appropriate fee. Fees are not refundable.
(b)
The required fee must be paid with each application. The
required fee and term of certificates are as follows.
Figure: 30 TAC §325.112(b)
(c)
A fee of $10 will be charged for a duplicate certificate,
the replacement of a lost or damaged certificate, or for any requested change
to a certificate.
§325.114.Reciprocity.
A certificate of competency may be issued, without examination, if
the applicant holds a valid wastewater operator certificate issued under the
laws of any other state, territory, or possession of the United States of
America, or any other country, provided:
(1)
the out-of-state requirements are equal to, or more stringent
than, the provisions of this subchapter;
(2)
the applicant passed a written examination in obtaining
the out-of-state certificate;
(3)
the corresponding state recognizes and honors wastewater
operator certificates of competency issued by the commission; and
(4)
an application has been submitted and the appropriate fee
has been paid.
§325.116.Renewal of Certificates of Competency.
(a)
A certificate of competency may be renewed unless it is
revoked or replaced by a higher class of certificate.
(b)
Class D certificates are not renewable, or eligible for
reinstatement or recertification, for operators of:
(1)
any activated sludge type facilities; or
(2)
any trickling filter or RBC facilities with a permitted
daily average flow of 100,000 gallons per day or greater.
(c)
The executive director will mail a renewal application
to each certified operator before the expiration date of the certificate.
It will be mailed to the most recent address provided by the certified operator.
It is the responsibility of the certified operator to make sure that a completed
application for renewal and appropriate fee is submitted no later than 30
days after the expiration date of the certificate.
(d)
A certificate of competency may be renewed by completion
of training credits. The training credit hours must be earned after the issuance
date and before the expiration date of the certificate. A completed renewal
application, with the appropriate fee, must also be submitted. The training
credits and fees required for renewal are as follows.
Figure: 30 TAC §325.116(d)
(e)
A certificate of competency may also be renewed by examination
within 30 days after the expiration date. To renew a certificate of competency
by examination, an applicant must submit an application, pay the required
renewal fee, and pass an examination.
(f)
A certificate of competency may be reinstated within one
year after the certificate expiration date. To reinstate a certificate of
competency, an applicant must submit an application with the appropriate fee,
and pass an examination.
(g)
If a certificate of competency has been expired over one
year, the operator must recertify. To recertify, an operator must meet all
current education, training, and experience requirements, submit an application
with the appropriate fee, and pass the examination.
(h)
The basic wastewater course may not be used to renew a
Class A or a Class B certificate.
(i)
The executive director may require specific courses for
renewal, on a case-by-case basis.
(j)
After the expiration date, the certificate is no longer
valid.
(k)
All certified operators must notify the executive director
of any change in address or employment within ten days from the date the change
occurs.
(l)
If a certificate of competency expires while a certified
operator is in full-time active military service, the certificate may be renewed,
without examination, upon:
(1)
proof of military service;
(2)
proof of the previously held certificate; and
(3)
payment of the appropriate fee.
§325.118.Perpetual Certificates.
(a)
If a certified operator holds a perpetual certificate and
wants to maintain an active certificate, the certified operator must notify
the executive director of the operator's intention to keep the certificate
active. This request must be made by June 1, 2001.
(b)
If the holder of a perpetual certificate does not want
to maintain an active certificate, the certificate will be converted to an
honorary certificate. If the operator does not contact the executive director
by June 1, 2001, an honorary certificate will be issued. The holder of an
honorary certificate will not be allowed to perform any operational duties
in a wastewater system.
(c)
To obtain an active certificate after June 1, 2001, the
operator must meet the current education, training, and experience requirements,
pay the appropriate fee, and pass an examination.
(d)
The terms and required renewal training credits for perpetual
certificates converted to active certificates are as follows.
Figure: 30 TAC §325.118(d)
(e)
To renew a converted active certificate, a renewal application
must be submitted. This will include proof of completion of training credit
hours and current employment information. It must be received by the executive
director no later than 30 days after the expiration date, or the certificate
will be renewable only by examination.
(f)
Training credit hours must be earned after the issuance
date and before expiration date of the certificate.
§325.120.Nonrenewal of Certificate of Competency Due to Loan Default.
In accordance with Texas Education Code, Chapter 57, the executive
director shall not renew the certificate of a person identified by the Texas
Guaranteed Student Loan Corporation (TGSLC) as being in default on loans guaranteed
by the TGSLC unless:
(1)
the renewal is the first renewal following the executive
director's receipt of notification that the person holding a certificate of
competency is in default;
(2)
the person submits to the executive director a certificate
from the TGSLC that indicates that the person is not in default on a loan
guaranteed by TGSLC; or
(3)
the person submits to the executive director a certificate
from the TGSLC indicating that the person has entered a repayment agreement
on the defaulted loan guaranteed by TGSLC.
§325.122.Nonrenewal of Certificate of Competency Due to Failure to Pay Child Support.
In accordance with Texas Family Code, Chapter 232, the executive director
shall not renew the certificate of a person identified by the Office of the
Attorney General as being delinquent on child support payments unless:
(1)
the person submits to the executive director a certificate
from the Office of the Attorney General indicating that the person is not
delinquent on child support payments; or
(2)
the person submits to the executive director a certificate
from the Office of the Attorney General indicating that the person has entered
a child support repayment agreement with the Office of the Attorney General.
§325.124.Training Approvals.
(a)
Training used to meet the requirements for obtaining or
renewing wastewater certificates of competency must be in wastewater related
topics, as approved by the executive director prior to the receipt of the
training.
(b)
Training credit for attendance at meetings of water and
wastewater related organizations will be approved only when the meetings include
training sessions related to water utility operations. Training credit will
be based upon recorded attendance or by other means determined by the executive
director.
(c)
If the specific course and subject are approved, the executive
director will determine the number of hours of credit that will be granted
for the course. Training credit for attendance at training courses and seminars
approved by the executive director will be allowed in accordance with the
following provisions:
(1)
one hour of credit per hour in attendance; and
(2)
training credit will be recorded as approved by the executive
director.
(d)
Upon approval by the executive director, training credit
may also be satisfied by other professional activities, such as publication
of articles or by teaching training courses.
(e)
The executive director must approve the providers of training
courses.
(f)
The executive director may rescind or deny training approvals.
§325.126.Certification of Wastewater System Operations Companies.
(a)
Every wastewater system operations company as defined in §325.102
of this title (relating to Definitions) must hold a valid certificate of registration
issued under the direction of the executive director.
(b)
Any operator employed by a wastewater system operations
company must hold a valid certificate of competency. The certified chief operator
of each facility must hold the appropriate level of certification as required
by §325.106 of this title (relating to Classification of Wastewater Treatment
Facilities, Wastewater Collection Systems, and Certificates Required).
(c)
When a certificate of registration is suspended or revoked,
the wastewater system operations company is no longer authorized to operate
or assist in the operation of any wastewater treatment facility or collection
system unless specifically authorized to do so by the executive director,
or unless the certificate has been reinstated.
(d)
Prior to the issuance or renewal of a wastewater system
operations company certificate, an application must be submitted with the
appropriate fee. The fee is based on the number of facilities served, as follows.
Figure: 30 TAC §325.126(d)
(e)
Certificates of registration for wastewater system operations
companies will be valid for a term of two years.
(f)
Certificates of registration will not be issued until all
requirements have been met.
(g)
Every wastewater system operations company must submit
a yearly report to the executive director within one year and 30 days after
issuance or renewal of the certificate. The report will include for each wastewater
treatment facility or wastewater collection system:
(1)
name, location, and mailing address;
(2)
permittee's name and mailing addresses;
(3)
commission permit number, if applicable;
(4)
dates of operation during the reporting year;
(5)
names of all operators employed by the operations company,
including their mailing addresses, certificate classes, certificate numbers,
and the name of each wastewater treatment facility or wastewater collection
system for which the operators work or have worked;
(6)
certified chief operator for each facility; and
(7)
any additional information required by the executive director.
(h)
The information in subsection (g) of this section must
be submitted with any application for a new or renewal certificate, along
with the appropriate fee.
(i)
The information in subsection (g) of this section must
be amended in writing within ten days of any change in personnel or change
in the systems operated.
(j)
Operations company certificates are not transferable.
(k)
If a company is sold or reorganized such that control of
the operation of the company is transferred from one person to another, the
operations company certificate will be considered invalid. The newly organized
company must apply for a new certificate.
(l)
Once a year, governmental entities or quasi-governmental
entities, such as river authorities, that contract to operate wastewater systems,
must report to the commission the information required by subsection (g) of
this section.
§325.128.Enforcement.
(a)
Operators are responsible for performing adequate process
control of wastewater treatment facilities. Operator performance that results
in permit violations may subject the operator to administrative penalties
or other sanctions as described in this section.
(b)
If an operator or company causes or allows a violation
of the rules or falsifies documents, the operator or company may be subject
to a reprimand, suspension, or revocation of the certificate, or other penalties.
Additional training may also be required on a case-by-case basis as a remedial
action. Notification of enforcement actions will be issued in writing and
delivered by certified mail.
(c)
A reprimand is a warning that further violations or offenses
may warrant suspension or revocation proceedings.
(d)
Suspension means that a certificate is no longer valid
and the certified operator or company is not authorized to operate any wastewater
treatment facilities or collection systems until the suspension period is
complete.
(1)
A certificate may be suspended for up to one year.
(2)
After the suspension period has ended, the certified operator
will not have to retest to reinstate the certificate.
(3)
If a certificate expiration date falls within the suspension
period, the certified operator or company must still renew the certificate
according to §325.116 of this title (relating to Renewal of Certificates
of Competency) and §325.126 of this title (relating to Certification
of Wastewater System Operations Companies). After the suspension period has
ended, the certificate will be reinstated.
(e)
Revocation means that a certificate is no longer valid
and that the previously certified operator or company is not authorized to
operate any wastewater treatment facilities or collection systems.
(1)
A certificate may be revoked for a period of not less than
one year. Upon a second similar violation, the commission may permanently
revoke the certificate.
(2)
After the revocation period has ended, the operator or
company may reapply for a certificate, as if applying for the first time.
(f)
The holder of a certificate is not subject to revocation
or suspension of a certificate if the certified operator or company is unable
to properly operate the wastewater treatment facility due to:
(1)
the refusal of the permittee to authorize the necessary
funds to operate the wastewater treatment facility properly; or
(2)
the failure of the wastewater treatment facility to comply
with its wastewater disposal permit resulting from faulty design or construction.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 14, 2000.
TRD-200004877
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 239-1966
Subchapter C. PERMIT APPLICATION
Chapter 325.
CERTIFICATES OF COMPETENCY
Subchapter A. CERTIFICATION OF PUBLIC WATER SYSTEM OPERATORS AND PUBLIC WATER SYSTEM OPERATIONS COMPANIES
Subchapter B. CERTIFICATION OF WASTEWATER OPERATORS AND WASTEWATER OPERATIONS COMPANIES
Subchapter D. CERTIFICATION OF WATERWORKS PERSONNEL