Published: 2015-07-09
Key Benefits:
(a) The department shall examine and certify persons as to their qualifications to supervise or operate water treatment plants. The certification shall indicate the classification of water treatment plant that the person is qualified to supervise or operate.
(b) The department shall examine and certify persons as to their qualifications to supervise or operate a water distribution system. The certification shall indicate the classification of distribution system that the person is qualified to supervise or operate.
(Amended by Stats. 1999, Ch. 755, Sec. 2. Effective January 1, 2000.)
(a) The department may suspend, revoke, or refuse to grant or renew any water treatment operator certificate or water treatment operator-in-training certificate to operate or supervise the operation of a water treatment plant or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following:
(1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination.
(2) The use of fraud or deception in the course of operating or supervising the operation of a water treatment plant or a water recycling treatment plant.
(3) The failure to use reasonable care or judgment in the operation or supervision of the operation of a water treatment plant or a water recycling treatment plant.
(4) The inability to perform operating duties properly in a water treatment plant or a water recycling treatment plant.
(5) The failure to meet all requirements for certificate renewal.
(6) The conduct of willful or negligent acts that cause or allow the violation of the Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act.
(7) Willfully or negligently violating or causing or allowing the violation of waste discharge requirements or permits issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) while operating a water recycling treatment plant.
(b) The department may suspend, revoke, or refuse to grant or renew any water distribution operator certificate to operate or supervise the operation of a water distribution system or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following:
(1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination.
(2) The use of fraud or deception in the course of operating or supervising the operation of a water distribution system.
(3) The failure to use reasonable care of judgment in the operation or supervision of the operation of a water distribution system.
(4) The inability to perform operating duties properly in a water distribution system.
(5) The failure to meet all requirements for certificate renewal.
(6) The conduct of willful or negligent acts that cause or allow the violation of the federal Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act.
(c) Prior to revocation of a valid operator certificate, the department shall provide the certificate holder with an opportunity for a hearing before the department.
(d) For purposes of this section, “water recycling treatment plant” means a treatment plant that receives and further treats secondary and/or tertiary effluent from a wastewater treatment plant.
(Amended by Stats. 1999, Ch. 755, Sec. 3. Effective January 1, 2000.)
The state department shall hold at least one examination each year for the purpose of examining candidates for certification.
(Amended by Stats. 1999, Ch. 755, Sec. 4. Effective January 1, 2000.)
(a) All persons who operate or supervise the operation of water treatment plants shall possess a valid and current water treatment operator certificate or water treatment operator-in-training certificate of appropriate grade in accordance with the regulations referred to in Section 106910.
(b) All persons who are in responsible charge of the water distribution system of a community water system or a nontransient noncommunity water system shall possess a valid and current water distribution operator certificate of the appropriate grade in accordance with the regulations referred to in Section 106910.
(Amended by Stats. 1999, Ch. 755, Sec. 5. Effective January 1, 2000.)
It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the department is authorized to establish fee schedules for the issuance, replacement, reinstatement, continuing education, and renewal of certificates that shall provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all costs incurred in the administration of this article.
(Amended by Stats. 1999, Ch. 755, Sec. 6. Effective January 1, 2000.)
There is in the State Treasury the Drinking Water Operator Certification Special Account. Fees collected pursuant to Section 106890 shall be deposited in the account created by this section.
(Added by Stats. 1999, Ch. 755, Sec. 7. Effective January 1, 2000.)
(a) A person employed as a water distribution operator, as defined by Section 116275, who does not hold a certificate pursuant to Section 106885, may be issued an appropriate certificate provided that the water system with which the operator is employed has applied for the certificate within one year after the adoption of the regulations implementing this section.
(b) A certificate issued pursuant to subdivision (a) shall be effective only at the site at which the operator was employed. The operator shall meet all certification requirements and hold a valid certificate pursuant to Section 106885 in order to operate another system.
(c) If the classification of the distribution system changes to a higher level, the certificate of the water distribution operator that was issued pursuant to subdivision (a) for that water distribution system is no longer valid.
(d) Any water distribution operator who is certified under subdivision (a) shall meet all of the requirements for renewal, including necessary training and the payment of fees.
(Amended by Stats. 1999, Ch. 755, Sec. 8. Effective January 1, 2000.)
The department shall evaluate the water distribution operator certification program of the California-Nevada Section of the American Water Works Association (CNAWWA) and issue an appropriate water distribution system operator certificate for those certified operators that have satisfied the provisions of this article and any regulations promulgated under this chapter.
(Added by Stats. 1999, Ch. 755, Sec. 9. Effective January 1, 2000.)
On or after the effective date of regulations implementing this article, certificates issued by certification programs of other states shall be recognized as valid and sufficient under this article if the department determines that the program of the other state is consistent with this article and the regulations promulgated under this article.
(Added by Stats. 1999, Ch. 755, Sec. 10. Effective January 1, 2000.)
The department may approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for initial certification, certification renewal, and recertification as a water treatment operator, water treatment operator-in-training, or water distribution operator.
(Amended by Stats. 1999, Ch. 755, Sec. 11. Effective January 1, 2000.)
The department may adopt rules, regulations, and certification standards necessary to carry out the provisions of this article, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The rules, regulations, and standards shall include, but not be limited to, the following:
(a) The classification of treatment plants taking into consideration the plant size, character of the water being treated, type and degree of treatment, complexity of operation, and other physical conditions affecting the operation of the water treatment plant.
(b) The classification of distribution systems of community water systems and nontransient noncommunity water systems taking into consideration the complexity and size of the system.
(c) Criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully or to supervise successfully the operation of specific classes of water treatment plants so as to protect public health.
(d) Criteria and standards establishing the level of skill, knowledge, and experience necessary to operate successfully or to supervise successfully the operation of specific classes of water distribution systems so as to protect the public health.
(e) Criteria and standards for operator certification renewal including continuing education requirements.
(f) Criteria and standards for recertification of an operator when the operator’s certificate has lapsed.
(g) Criteria and standards for the availability of designated water treatment operators for each operating shift.
(Amended by Stats. 1999, Ch. 755, Sec. 13. Effective January 1, 2000.)
