Classification of Wastewater Treatment Systems

10 CSR 20-9.020 Classification of Wastewater Treatment Systems PURPOSE: This rule outlines the requirements for wastewater systems regarding certified personnel. (1) Definitions. Definitions as set forth in the Missouri Clean Water Law and - 2.010 shall apply to those terms when used in this rule, unless the context clearly requires otherwise or as noted in the subsections of this rule. (A) Wastewater treatment systems. Interrelated or interconnected facilities, equipment, machinery, sewers, piping, valves, land, tanks, basins, ponds, lagoons, and any other device, method and process used to reduce or eliminate the contaminants in domestic wastewater and similar organic water-borne wastes. (B) Operator. Any individual who operates or determines the method of operating a wastewater treatment system, either directly or by order. (C) Chief operator. An operator who directs or who has the authority to direct other individuals, or an operator in direct responsible charge for the operation of a wastewater treatment system. (D) Population equivalent (P.E.). The calculated population which normally contributes the same amount of biochemical oxygen demand (BOD5) per day. The common base is 0.17 pounds of five- (5-) day BOD5 per capita per day. The calculated population which normally contributes the same amount of flow per day. The common base is one hundred (100) gallons per capita per day. (E) Wastewater Collection System. Any series of pipes and lift stations to collect, convey, and equalize wastewater flow to the wastewater treatment system. (2) Wastewater Treatment Systems Requirements. (A) Requirements for operation by certified personnel shall apply to all wastewater treatment systems, with a population equivalent greater than two hundred (200), owned or operated by or for municipalities, public sewer districts, counties, public water supply districts, private sewer companies regulated by the Public Service Commission and the state or federal agencies. All other systems -9—DEPARTMENT OF NATURAL RESOURCES Division 20—Clean Water Commission are exempt from this rule unless the department determines that certified personnel are necessary to protect the waters of the state. (B) Owners or other persons legally responsible for the operation of wastewater treatment systems subject to this rule shall be responsible for assuring that operators and chief operators of wastewater treatment systems comply with certification requirements as set forth in this rule. (C) All operators of wastewater treatment systems included in subsection (2)(A) of this rule shall possess, as a minimum, a level D certificate of competency issued by the department. New employees that are not yet certified wastewater treatment operators cannot make process control decisions and will be directly supervised by a certified operator or chief operator. (D) Minimum certification of competency classification requirements for chief operators of wastewater treatment systems shall be determined by the department using the following point system as a guide. Wastewater treatment systems will remain classified at the level determined prior to the effective date of this rule until the facility’s MSOP is renewed, at which time, the MSOP will include the facility classification. 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Amended: (3) Certification of Competency. of any change in the identity of the chief Filed June 13, 2018, effective Feb. 28, 2019. (A) Certificates issued by the department, operator within fifteen (15) calendar days. and valid on March 1, 1992, are valid as cer- (F) In the event the chief operator is no *Original authority: 644.026, RSMo 1972, amended tifications of competency in the equivalent 1973, 1987, 1993, 1995, 2000, 2012, 2014. longer available to serve, the owner of the class and shall be governed by the provisions wastewater treatment system will notify the of this rule. Initial renewal of the certificates department of the vacancy within fifteen (15) -9.030 Certification of Wastewa- shall be as outlined in section (4) of this rule. calendar days and appoint an interim opera- ter Operators (B) Certifications at the appropriate level tor. The interim operator will be considered shall be issued to individuals successfully the certified chief operator for the purposes PURPOSE: This rule sets out the require- passing the certification examination and fulof complying with -9.010 and 10 ments that a person must meet to obtain a filling experience requirements of subsection CSR 20-9.020 on a temporary basis until a wastewater operator certificate. (3)(I) of this rule. The expiration date of the properly certified chief operator is hired. Fol- certifications shall coincide with renewal lowing consultation with the wastewater sys- (1) Definitions. Definitions as set forth in the requirements as provided in subsection (4)(B) tem owner, the department will establish a Missouri Clean Water Law and - of this rule. An examination score of seventy schedule of activities and a timeline for the 2.010 apply to those terms when used in this percent (70%) correct shall be considered a system to have a certified chief operator who rule, unless the context clearly requires othpassing grade. has met all applicable certification require- erwise or as noted in the subsections of this (C) All certification examinations pursuant ments. rule. to this rule shall be administered through the (G) No person, firm, corporation, munici- (A) Certificate of Competency. A docudepartment. Examination shall be available at pal corporation or other governmental subdi- ment issued by the department stating that the a frequency of not less than four (4) times vision or agency may operate a wastewater recipient named on the certificate has satissystem unless the operator of the facility is fied the requirements for the certification annually. Examination application forms and duly certified by the department as provided level specified pursuant to this rule. information, including examination dates and in -9.030 or -9.020(F) locations, shall be available through the except during periods of emergency or disas- (2) Administration. department. ter. (A) The department shall serve as the cer- (D) A completed application form for tifying agency for wastewater treatment sys- examination must be submitted to the depart- AUTHORITY: section 644.026, RSMo 2016.* tem personnel. ment no later than thirty (30) days before the Original rule filed July 15, 1976, effective (B) Any applicant whose certification is scheduled examination session. An application March 1, 1977. Rescinded and readopted: denied, suspended, or revoked may appeal to fee of twenty dollars ($20) and a certification Filed Nov. 1, 1983, effective July 1, 1984. the Administrative Hearing Commission as fee of twenty-five dollars ($25) for a total of Rescinded and readopted: Filed July 15, provided in section 621.250, RSMo. forty-five dollars ($45) shall accompany each Chapter 9—Treatment Plant Operations application. (E) Exams shall contain, but not necessarily be limited to, questions pertaining to the Missouri wastewater regulations, general wastewater systems knowledge, water quality, applied mathematics, chemistry, laboratory testing procedures as applied to wastewater treatment, hydraulics, pumps and operation. (F) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60) days. The applicant must submit a new application for each repeat examination. (G) Any examinee who fails a certification examination three (3) times and has not successfully completed a department-approved multi-day training course approved for wastewater treatment within the previous twelve (12) months must do so prior to any further reexamination at that level. (H) An individual applying to take the examination will be allowed to reschedule twice within one year of the application date. After that, s/he must reapply as required in subsection (3)(D) of this rule. (I) Approval of applicant eligibility for certification of competency shall be the responsibility of the department. In order to be eligible for a certificate, the applicant will have accumulated actual or equivalent operational experience in accordance with Table 1. 1. Actual wastewater treatment operating experience means the skills and knowledge acquired from making or acting upon day-today process control/system integrity decisions rather than from textbook study or supervisory observation. It means the applicant has actually operated a wastewater treatment system. In addition, the applicant should have experience in some combination of wastewater treatment system operational tasks such as: sample collection, routine operational monitoring, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pumping adjustments, disinfection, and completion of operational reports. 2. Equivalent wastewater treatment operating experience means skills and knowledge acquired from education as described in this rule or work experience that has a substantial relationship to wastewater treatment.    &HUWLILFDWLRQ/HYHO ,Q3ODQW$FWXDO2SHUDWLQJ([SHULHQFH5HTXLUHG $ \HDUV \HDUVRIZKLFKPD\EHHTXLYDOHQW  % \HDUV \HDURIZKLFKPD\EHHTXLYDOHQW  & \HDUV \HDURIZKLFKPD\EHHTXLYDOHQW  ' PRQWKV DOORIZKLFKPD\EHHTXLYDOHQW  (J) Years of equivalent experience shall be computed from the following criteria. *UDGXDWLRQIURPDSSURYHGRQH  \HDUFHUWLILFDWHSURJUDP LQZDWHUZDVWHZDWHUWHFKQRORJ\ &ROOHJHOHYHOFRXUVHVLQELRORJLFDOHQYLURQPHQWDOVFLHQFHV JUDGH&RUEHWWHUUHTXLUHG ²PD[LPXPFUHGLWRIVL[   PRQWKV 7ZR  \HDUDVVRFLDWHGHJUHHLQDOOLHGILHOG IRUH[DPSOH HQYLURQPHQWDOKHDOWKVFLHQFHELRORJ\FKHPLVWU\ )RXU  \HDUFROOHJHGHJUHHLQDOOLHGILHOGV IRUH[DPSOH HQYLURQPHQWDOVFLHQFHVELRORJ\FKHPLVWU\DQG HQJLQHHULQJ $SSURYHGPXOWLZHHNHQWU\OHYHODGYDQFHGRU FRUUHVSRQGHQFHFRXUVHV²PD[LPXPFUHGLWRIRQH  \HDU 1. Operation of potable water treatment facilities and wastewater collection systems will be given equivalent credit of actual calendar years of operation. 2. General vocational training or work experience in related areas will be considered by the department on a case-by-case basis and limited to a maximum of six (6) months’ equivalent experience. 3. Documentation submitted for equivalent experience credit that does not fit the previously mentioned criteria will be evaluated by the department on a case-by-case basis. (K) Any person not possessing the necessary operational experience may take the examination. 1. Upon successful completion of the examination, the individual will have to obtain the necessary operational experience within eighteen months. If the necessary experience is not obtained with the eighteenmonth limit, the individual must reexamine to be certified at that level of competency. (L) The minimum age for certification shall be eighteen (18) years. (M) Education Requirement. 1. The minimum education requirement for certification is fulfilled by meeting any one (1) of the following conditions: a high school diploma; a general equivalency diploma (GED); successful completion of special department-approved training appropriate to wastewater treatment; or six (6) months of experience. 2. Training or experience used to meet the education requirement will not be counted as equivalent experience credit. Training or experience used to meet the education requirement is not included in the maximum limit on equivalent experience in subsection (3)(J). (4) Certificate Renewal. (A) All certificates issued by the department shall be renewed at least every three (3) years, unless prorated by the department to some other time frame. All applicants for renewal shall meet the training requirements set forth in subsection (4)(B) prior to the expiration date stated on each individual’s \HDU PRQWKSHU VHPHVWHU KRXUV \HDUV \HDUV \HDU -9 certificate. (B) Before a certificate will be renewed, the applicant must submit suitable documentation that s/he has obtained not less than thirty (30) hours of approved renewal training. Only training approved by the department will be accepted. Each certified operator is responsible for documenting his/her training. (C) The department shall send notification of certification expiration to the certificate holder at the last known address at least sixty (60) days prior to the certificate’s expiration date. Failure of the department to notify the certificate holder of certification expiration does not relieve the certificate holder of the responsibility for renewal. (D) Any certificate not renewed within sixty (60) days of the expiration date will be considered lapsed. Any person with a lapsed certification will have to reexamine as provided in section (3) of this rule. (E) Provided the department has received a timely and complete application for certification renewal, possesses sufficient renewal training and through no fault of the certificate holder the department is unable to issue a new certification before the expiration date of the previous certification, automatically the validity of the expired certification shall continue until the department acts on the renewal application. (F) Certification renewal fee is forty-five dollars ($45) and shall accompany the certificate holder’s application for renewal. Application for renewal must be made on the form provided by the department. (G) A late fee of ten dollars ($10) per month, up to a total of twenty dollars ($20) shall be assessed for any certification renewed after the expiration date. (5) Reciprocity. (A) Certificates may be issued, without examination, to any person who holds a valid certificate obtained by examination in any state, territory, country, or any other certifying authority, if the requirements for certification of operators under which the person’s certificate was issued do not conflict with the provisions of this rule, are at least as stringent as this rule, and provide the applicant— 1. Has working experience with a wastewater treatment system in the state or other authorized area which supplied the certification for which reciprocity is requested; 2. Obtains employment with a Missouri wastewater treatment system; and 3. Makes application for reciprocity within one hundred eighty (180) days after beginning that employment. The form described in subsection (12)(C) must be submitted along -9—DEPARTMENT OF NATURAL RESOURCES Division 20—Clean Water Commission with the application fee of forty dollars ($40). (B) The fee for a certificate issued under the provisions of this section is twenty-five dollars ($25). (C) The level of certification issued will be determined by the state of origin’s minimum **Pursuant to Executive Order 21-07, -9.030, subsection requirements for the level of certification held in that state. (D) If the applicant is not employed in a Missouri wastewater facility, but meets all other requirements for reciprocal certification, the department will issue a letter of intent to issue certification which will be valid for one hundred eighty (180) days. Upon employment in a Missouri wastewater facility, and provided all other requirements are met, the applicant may apply for a certificate. If the applicant does not obtain Missouri employment before the expiration date of the letter, s/he will have to reapply for reciprocal certification. (6) Denial, Suspension or Revocation. (A) The department may deny, suspend or revoke any certification for any of the following reasons: fraud or deceit in obtaining certification; negligence, incompetence or willful malpractice in the holder’s action in operating a wastewater treatment facility or appurtenances, or falsification of facility operating records or reports required by 10 CSR 20, or willful violation of . (B) Notice of suspension or revocation action shall be issued by the commission’s director of staff with service by hand delivery or through certified mail to the certificate holder at that individual’s last known address. That notice shall state the reason(s) for revocation, the effective date of the revocation and the action(s) the certificate holder may take to contest the revocation. (C) Application for certification examination by the holder of a revoked certificate may not be made sooner than one (1) year from the effective date of revocation. Acceptance of any such application shall be at the discretion of the department. Certification by reciprocity shall not be available for a certificate holder whose certification has been revoked. (D) Any revoked certificate shall be returned to the department. (7) The certificate holder shall notify the department of any change in status including, but not limited to, change of name, change of address and change of employer. (8) All fees are nonrefundable and nontransferable. AUTHORITY: section 644.026, RSMo 2016.* Original rule filed July 15, 1991, effective March 1, 1992. Amended: Filed June 13, 2018, effective Feb. 28, 2019. ** *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014. (4)(B) was suspended from April 30, 2020 through February 1, 2021 and subsection (4)(G) was suspended from April 19, 2021 through June 30, 2021.