Regulations Pertaining To Certification Of Wastewater System Operator Personnel

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_049.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 49
REGULATIONS PERTAINING TO CERTIFICATION OF WASTEWATER SYSTEM OPERATOR PERSONNEL

 
340-049-0005
Preface
(1) The purpose of these rules is to help protect public health, the environment, and the water resources of Oregon by establishing requirements regarding certification of wastewater system (sewage treatment works) operators. The principal objectives of the rules are to:
(a) Establish criteria for classifying wastewater treatment and collection systems;
(b) Define the requirements and fees for wastewater system owners whose systems must be supervised by an operator certified under these rules;
(c) Define the minimum qualifications for certifying wastewater system operating personnel and supervisors;
(d) Define the requirements and fees for persons who apply for certification, including examination requirements, renewal certification and certification through reciprocity;
(e) Establish criteria for variances;
(f) Establish penalties for violations of these rules;
(g) Establish fees for operator certification; and
(h) Encourage an adequate number of qualified wastewater system operators that are certified to operate and maintain wastewater treatment or wastewater collection systems in Oregon.
(2) All persons who meet the minimum qualifications for certificate types and grades can be certified under these rules. All wastewater system personnel are encouraged to apply for certification at the highest grade consistent with their qualification. Maintenance and laboratory personnel in wastewater systems are encouraged to participate in the respective voluntary certification programs.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.405-448.430, 448.992, 468B.010 -468B.020 & 468B.030

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0010
Definitions
As used in these
regulations unless otherwise required by context:
(1) "Average
Dry Weather Flow" (ADWF) means the design average dry weather flow capacity of the
wastewater treatment system in gallons per day or Million Gallons per Day (MGD),
as approved by the Department.
(2) "Certified"
means an individual holds a valid operator certificate for wastewater treatment
system or wastewater collection system operation issued by the State of Oregon,
Department of Environmental Quality.
(3) "Commission"
means the Environmental Quality Commission.
(4) "Continuing
Education Unit (CEU)" means a nationally recognized unit of measurement for assigning
credit for accredited education or training that provides the participant with advanced
or post high school learning. One CEU equals 10 contact hours of participation in
an organized continuing education experience under responsible sponsorship, capable
direction and qualified instruction.
(5) "Contract
Operations" means the wastewater system owner has a written contract with another
wastewater system owner, an operations services company, or a certified operator
for supervising the operation of its wastewater treatment system or wastewater collection
system.
(6) "Department"
means the Department of Environmental Quality.
(7) "Director"
means the Director of the Department of Environmental Quality or any official designee
of the Director.
(8) "Industrial
Waste" means liquid wastes from an industrial or commercial process discharged into
a wastewater system for conveyance and treatment.
(9) "NPDES
Permit" means a waste discharge permit issued in accordance with requirements and
procedures of the National Pollutant Discharge Elimination System authorized by
Section 402 of the Federal Clean Water Act and OAR 340, division 45.
(10) "Operating
Experience" means the routine performance of duties, tasks and responsibilities
at a wastewater treatment system or wastewater collection system, or in a related
field as allowed under OAR 340-049-0030(5), that affect wastewater system performance
or effluent quality.
(11) "Operator"
or "Wastewater System Operator" means any person engaged in the routine on site
performance of duties, tasks and responsibilities in the operation of a wastewater
treatment system or a wastewater collection system. This term does not include officials,
managers, and engineers, directors of public works or equivalent whose duties do
not include the actual "hands-on" operation or supervision on site of wastewater
system facilities or operators.
(12) "Oral
Examination" means an examination administered by the Department where the applicant
provides verbal answers to the written examination for the type and grade of certification
the applicant is seeking.
(13) "Population"
means the design population of the wastewater system represented as the number of
people or the population equivalent the system is designed to serve. Equivalent
population ordinarily is determined based on 70 gallons per person per day average
dry weather flow (ADWF) or 0.17 lbs. BOD5 per person per day, whichever is greater.
(14) "Provisional
Certificate" means a temporary and conditional certificate issued by the Department
to a person meeting the requirements in OAR 340-049-0030(2)(a) or (3)(a).
(15) "Post
High School Education" means relevant continuing professional, technical or academic
education acquired through accredited programs such as short schools, correspondence
or distance learning courses, armed services training, trade schools, community
colleges, colleges, universities, formalized workshops, or seminars for which a
CEU, community college or college credit, or the equivalent is earned and acceptable
to the Department. Each year of relevant post high school education is equal to
45 CEUs, or 30 semester or 45 quarter hours of community college, college or university
credit.
(16) "Shift
Supervisor" means the operator delegated authority by the system owner for executing
the specific practice and procedures for operating the wastewater treatment system
or wastewater collection system when the system is operated on more than one daily
shift.
(17) "Supervise"
means to have full and active responsibility for the daily on site technical operation
of a wastewater treatment system or wastewater collection system.
(18) "Supervisor"
means the operator delegated authority by the system owner for establishing and
executing the specific practice and procedures for operating the wastewater treatment
system or wastewater collection system in accordance with the policies of the owner
of the system and any permit requirements.
(19) "Wastewater"
or "sewage" means the water-carried human or animal waste from residences, buildings,
industrial establishments or other places, together with such groundwater infiltration
and surface water as may be present. The admixture of domestic and industrial waste
or other by-products, such as sludge, is also considered wastewater or sewage.
(20) "Wastewater
Treatment System" or "Sewage Treatment System" means any structure, equipment or
process for treating and disposing of, or recycling or reusing wastewater and sludge
(including industrial waste) that is discharged to the wastewater system.
(21) "Wastewater
Collection System" or "Sewage Collection System" means the trunks, arterials, pumps,
pump/lift stations, piping and other appurtenances necessary to collect and carry
away wastewater or other liquid waste treatable in a community or private wastewater
treatment facility.
(22) "Wastewater
System" means "Sewage Treatment Works" defined in ORS 448.405 as any structure,
equipment or process required to collect, carry away and treat domestic waste and
dispose of sewage as defined in ORS 454.010. Typically, components of a wastewater
system include a wastewater collection system and a wastewater treatment system.
(23) "WPCF
Permit" means a Water Pollution Control Facilities permit to construct and operate
a collection, treatment and/or disposal system with no discharge to navigable waters.
A WPCF permit is issued by the Department in accordance with the procedures of OAR
340, divisions 45 and 71.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430, 448.992, 468B.010 - 468B.020 & 468B.030

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0015
General Requirements
(1) Each owner of
a wastewater system with an Average Dry Weather Flow (ADWF) of 0.075 MGD (75,000
gallons per day) or greater design capacity must have its system supervised full-time
by one or more operators who hold a valid certificate for the type of system, wastewater
treatment or wastewater collection, and at a grade equal to or greater than the
wastewater system classification as defined in OAR-340-049-0020 and 340-049-0025.
(2) Any wastewater
treatment system or wastewater collection system owner with a system having more
than one daily shift must have its shift supervisor, if any, certified at no more
than one grade lower than the wastewater system classification. The system owner
is not required to have a shift supervisor if another properly certified operator
is available to supervise operation of the system.
(3) Each
owner of a wastewater system with an ADWF less than 0.075 MGD (75,000 gallons per
day) design capacity must have its system supervised on a part-time or full-time
basis by one or more operators who hold a valid certificate for the type of system,
wastewater treatment or wastewater collection, and at a grade equal to or greater
than the wastewater system classification.
(4) These
rules shall not apply to owners of subsurface sewage disposal systems as defined
under ORS 454.605 and installed or constructed under a permit in accordance with
454.655. Based on complexity of the wastewater system, the Department may require
an owner of a NPDES or WPCF permitted wastewater system using subsurface sewage
disposal with a ADWF greater 0.0025 MGD (2,500 gallons per day) to have its system
supervised by one or more operators certified in accordance with these rules.
(5) Each
wastewater treatment and wastewater collection system owner must notify the Department
in writing of the name of all operators, including shift supervisors, if any, delegated
authority by the owner to supervise the operation of its system in accordance with
these rules. The written notice must be filed with the Department's Water Quality
Division, Operator Certification Program, and include the operator's certificate
type, grade, and expiration date.
(6) The system
supervisor or shift supervisor is not required to be on site at all times. The system
supervisor must be available to the wastewater system owner and to any other operator,
and able to immediately respond on site. A shift supervisor must be available and
able to immediately respond on site during an assigned shift.
(7) An operator
holding a valid Grade I Provisional wastewater treatment or wastewater collection
certificate may be designated by a system owner to supervise the operation of a
Class I wastewater treatment or wastewater collection system respectively.
(8) The wastewater
system owner may re-designate or replace designated operators responsible for supervising
system operation with other properly certified operators at any time and must notify
the Department in writing within 30 days of replacement or re-designation of operators.
(9) A wastewater
treatment or wastewater collection system may not be without an operator as required
in Sections (1) or (3) of this rule for more than 30 days. During this period, the
system owner must ensure an operator is certified for the type of system at no more
than one grade lower than the system classification, and is available to the system
owner and to any other operator. This operator must also be delegated authority
by the system owner to supervise the operation of the system.
(10) When
compliance with requirements in Sections (1) or (3) of this rule is not possible
or practicable because the system supervisor is not available or the position is
vacated unexpectedly, and another certified operator is not qualified to assume
supervisory responsibility, the Director may grant a time extension for compliance
with the requirements in response to a written request from the system owner. The
Director will not grant an extension longer than 120 days unless the system owner
documents the existence of extraordinary circumstances.
(a) The request
must justify the need for the time extension and include at least the following:
(A) The date
the system supervisor position or availability was or will be vacated;
(B) A time
schedule to recruit, hire, or otherwise make available and designate another qualified
operator; and
(C) The name
of an interim supervisor and the supervisor's certificate type, grade and expiration
date.
(b) Any time
extension granted will be conditioned on a time schedule for the system owner to
obtain the services of a qualified operator to supervise the wastewater system in
accordance with these rules, and may be revoked if the system is operated in violation
of a NPDES or WPCF permit limit or ORS 468B.025.
(11) For
contract operations as defined in OAR 340-049-0010(5), the system owner must have
and maintain a written contract on file and, upon request by the Department, must
provide a copy of contract provisions for supervising the operation of its system
for Department review. Contracts for part-time system supervision allowed under
Section 3 of this rule must meet all requirements in 340-049-0070.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430, 448.992, 468B.010 - 468B.020, 468B.030 & 468B.050

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0020
Classification
of Wastewater Systems
(1) All wastewater
systems will be classified by the Department as wastewater treatment systems and/or
wastewater collection systems, as appropriate, in accordance with the following
classification system:
(a) Small
Wastewater Systems — 30 total points or less; less than 500 design population
or less than 150 connections.
(b) Wastewater
Treatment Systems
(A) Class
I — 30 total points or less;
(B) Class
II — 31-55 total points;
(C) Class
III — 56-75 total points;
(D) Class
IV — 76 or more points.
(c) Wastewater
Collection Systems:
(A) Class
I — 1,500 or less design population;
(B) Class
II — 1,501 to 15,000 design population;
(C) Class
III — 15,001 to 50,000 design population;
(D) Class
IV — 50,001 or more design population.
(2) Wastewater
treatment system classifications will be derived from the total points assigned
based on criteria shown in OAR 340-049-0025.
(3) The Director
will advise wastewater system owners of the classification of their systems.
(4) If the
complexity of a wastewater treatment system is not reflected in OAR 340-049-0025,
the Director may classify a wastewater treatment system higher than the classification
based on accumulated points upon written notice to the wastewater treatment system
owner. The designation must be consistent with the intent of the classification
system.
(5) If deemed
appropriate, the Director may classify a wastewater collection system higher than
the classification based on population upon written notice to the wastewater collection
system owner. The designation must be consistent with the intent of the classification
system.
(6) The Director
may change the classification of a wastewater system upon written notice to the
system owner and will give the owner a reasonable time to comply with the requirements
of the new classification.
(7) A wastewater
system owner may appeal the classification of its system in accordance with applicable
variance requirements in OAR 340-049-0075.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0025
Criteria for Classifying Wastewater Treatment Systems
(1) Design Population
or Population Equivalent Points:
(a) Less
than 750 — 0.5 points;
(b) 751 to
2000 — 1 point;
(c) 2001
to 5000 — 1.5 points;
(d) 5001
to 10,000 — 2 points;
(e) Greater
than 10,000 — 3 points plus 1 point per 10,000.
(2) ADWF
Points:
(a) Less
than 0.075 MGD — 0.5 point;
(b) Greater
than 0.075 to 0.1 MGD — 1 point;
(c) Greater
than 0.1 to 0.5 MGD — 1.5 points;
(d) Greater
than 0.5 to 1.0 MGD — 2 points;
(e) Greater
than 1.0 MGD — 3 points plus 1 point per 1 MGD.
(3) Unit
Process Points:
(a) Preliminary
Treatment and Plant Hydraulics:
(A) Comminution
— 1 point;
(B) Grit
Removal, gravity — 1 point;
(C) Grit
Removal, mechanical — 2 points;
(D) Screen(s),
in-situ or mechanical — 1 point;
(E) Pump/Lift
Station(s) — 2 points;
(F) Flow
Equalization — 1 point.
(b) Primary
Treatment:
(A) Community
Septic Tank(s) — 2 points;
(B) Clarifier(s)
— 5 points;
(C) Flotation
Clarifier(s) — 7 points;
(D) Chemical
Addition System — 2 points;
(E) Imhoff
Tank — 3 points.
(c) Secondary,
Advanced, and Tertiary Treatment:
(A) Low Rate
Trickling Filter(s) — 7 points;
(B) High
Rate Trickling Filter(s) — 10 points;
(C) Trickling
Filter — Solids Contact System — 12 points;
(D) Activated
Sludge — 15 points;
(E) Pure
Oxygen Activated Sludge — 20 points;
(F) Activated
Bio Filter Tower less than 0.1 MGD — 6 points;
(G) Activated
Bio Filter Tower greater than 0.1 MGD — 12 points;
(H) Rotating
Biological Contactors 1 to 4 shafts — 7 points;
(I) Rotating
Biological Contactors, 5 or more shafts — 12 points;
(J) Stabilization
Lagoons, 1 to 3 cells without aeration — 5 points;
(K) Stabilization
Lagoons, 2 or more cells with primary aeration — 7 points;
(L) Stabilization
Lagoons, 2 or more with full aeration — 9 points;
(M) Recirculating
Gravel Filter — 7 points;
(N) Chemical
Precipitation Unit(s) — 3 points;
(O) Gravity
Filtration Unit(s) — 2 points;
(P) Pressure
Filtration Unit(s) — 4 points;
(Q) Nitrogen
Removal, Biological or Chemical/Biological System — 4 points;
(R) Nitrogen
Removal, Designed Extended Aeration Only — 2 points;
(S) Phosphorus
Removal Units — 4 points;
(T) Effluent
Microscreen(s) — 2 points;
(U) Chemical
Flocculation Units — 3 points;
(V) Chemical
Addition System — 2 points;
(W) Ultrafiltration
Membrane(s) — 15 points.
(d) Solids
Handling:
(A) Anaerobic
Primary Sludge Digester(s) without Mixing and Heating — 5 points;
(B) Anaerobic
Primary Sludge Digester(s) with Mixing and Heating — 7 points;
(C) Anaerobic
Primary and Secondary Sludge Digesters — 10 points;
(D) Sludge
Digester Gas reuse — 3 points;
(E) Aerobic
Sludge Digester(s) — 8 points;
(F) Sludge
Storage Lagoon(s) — 2 points;
(G) Sludge
Lagoon(s) with aeration — 3 points;
(H) Sludge
Drying Bed(s) — 1 point;
(I) Sludge
Air or Gravity Thickening — 3 points;
(J) Sludge
Composting, In Vessel — 12 points;
(K) Sludge
Belt(s) or Vacuum Press/Dewatering — 5 points;
(L) Sludge
Centrifuge(s) — 5 points;
(M) Sludge
Incineration — 12 points;
(N) Sludge
Chemical Addition Unit(s) — 2 points;
(O) Non-Beneficial
Sludge Disposal — 1 point;
(P) Beneficial
Sludge Utilization — 3 points;
(Q) Solids
Reduction Processing — 4 points.
(e) Disinfection:
(A) Liquid
Chlorine Disinfection — 2 points;
(B) Gas Chlorine
Disinfection — 5 points;
(C) On-Site
Chlorine Generation of Disinfectants — 5 points;
(D) Dechlorination
System — 4 points;
(E) Other
disinfection systems including ultraviolet and ozonation — 5 points.
(4) Effluent
Permit Requirements Points:
(a) Minimum
of secondary effluent limitations for BOD and/or Total Suspended solids —
2 points;
(b) Minimum
of 20 mg/L BOD and/or Total Suspended Solids — 3 points;
(c) Minimum
of 10 mg/L BOD and/or Total Suspended Solids — 4 points;
(d) Minimum
of 5 mg/L BOD and/or Total Suspended Solids — 5 points;
(e) Effluent
limitations for effluent oxygen — 1 point.
(5) Variation
in Raw Waste Points. Points in this category will be awarded only when conditions
are extreme to the extent that operation and handling procedure changes are needed
to adequately treat the waste due to variation of raw waste:
(a) Recurring
deviations or excessive variations of 100% to 200% in strength or flow — 2
points;
(b) Recurring
deviations or excessive variations of more than 200% in strength or flow, or conveyance
and treatment of industrial wastes covered by a pretreatment program — 4 points.
(c) Septage
or truck hauled waste — 2 points.
(6) Sampling
and Laboratory Testing Points:
(a) Sample
for BOD, Total Suspended Solids performed by outside laboratory — 2 points;
(b) BOD or
Total Suspended Solids analysis performed at treatment plant — 4 points;
(c) Bacteriological
analysis performed by outside laboratory — 1 point;
(d) Bacteriological
analysis performed at treatment plant — 2 points;
(e) Nutrient,
Heavy Metals, or Organics analysis by outside laboratory — 3 points;
(f) Nutrient,
Heavy Metals or Organics analysis performed at treatment plant — 5 points.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ
2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0030
Minimum Qualifications
for Wastewater Treatment System and Wastewater Collection System Operator Certification
(1) Minimum qualifications
for Small Wastewater Systems Operator Certification are as follows:
(a) Education:
High school diploma, GED certificate, or equivalent; and
(b) Experience:
(A) Twelve
months acceptable operating experience at a Small Wastewater System; or
(B) Six months
operating experience, not to include credit for any related experience, and an Associate
of Science degree in water or wastewater technology, or Department approved Associate
of Science degree, or combination of community college, college or university education
accepted as equivalent to an Associate of Science degree in water or wastewater
technology, or a combination of department approved education and training, and
(c) Examination:
Satisfactorily pass the Small Wastewater System examination.
(2) Minimum
qualifications for Wastewater Treatment System Operator Certification are as follows:
(a) Grade
I Provisional Wastewater Treatment System Operator Certification:
(A) Persons
may qualify for a Grade I Provisional Certificate to obtain on the job training
and experience to meet standard Grade I Wastewater Treatment System Operator Certificate
qualifications if they:
(i) Are gaining
acceptable operating experience at a wastewater treatment system at the time of
making application; and
(ii) Have
a high school diploma, GED certificate, or equivalent; and
(iii) Are
participating in or have completed a Department approved training program; and
(iv) Are
supervised on a full-time or part-time basis by a certified wastewater treatment
system operator.
(B) The Grade
I Provisional Certificate is not renewable. This conditional certificate will be
issued for a period of 12 months during which time the individual may apply to take
the Grade I wastewater treatment examination.
(C) Upon
passing the Grade I wastewater treatment examination and obtaining a total of 12
months acceptable operating experience at a wastewater treatment system, the individual
may submit a post-examination application and fee for evaluation of qualification
for standard Grade I certification.
(b) Grade
I Wastewater Treatment System Operator Certification:
(A) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
(I) Twelve
months acceptable operating experience at a Class I or higher Wastewater Treatment
System; or
(II) Six
months operating experience, not to include credit for any related experience, and
an Associate of Science degree in water or wastewater technology, or Department
approved Associate of Science degree, or combination of community college, college
or university education accepted as equivalent to an Associate of Science degree
in water or wastewater technology, and
(iii) Examination:
Satisfactorily pass the Wastewater Treatment Grade I examination.
(c)(A) Grade
II Wastewater Treatment System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
Three years acceptable operating experience at a Class I or higher Wastewater Treatment
System, or two years at a Class I or higher Wastewater Treatment System and one
year of post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Treatment Grade II examination.
(d)(A) Grade
III Wastewater Treatment System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
(I) Eight
years acceptable operating experience, of which half must have been at a Class II
or higher Wastewater Treatment System; or
(II) Five
years experience, of which half must have been at a Class II or higher Wastewater
Treatment System, and one year of post high school education; or
(III) Four
years experience, of which half must have been at a Class II or higher Wastewater
Treatment System, and two years post high school education; or
(IV) Three
years experience, of which half must have been at a Class II or higher Wastewater
Treatment System, and three years of post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Treatment Grade III examination.
(e)(A) Grade
IV Wastewater Treatment System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent and a minimum of one year post
high school education; and
(ii) Experience:
(I) Ten years
acceptable operating experience, of which half must have been at a Class III or
higher Wastewater Treatment System; or
(II) Six
year experience, of which half must have been at a Class III or higher Wastewater
Treatment System, and two years of post high school education; or
(III) Five
year experience, of which half must have been at a Class III or higher Wastewater
Treatment System, and three years of post high school education; or
(IV) Four
years experience, of which half must have been at a Class III or higher Wastewater
Treatment System, and four years post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Treatment Grade IV examination.
(3) Minimum
qualifications for Wastewater Collection System Operator Certification are as follows:
(a) Grade
I Provisional Wastewater Collection System Operator Certification:
(A) Persons
may qualify for a Grade I Provisional Certificate to obtain on the job training
and experience to meet standard Grade I Wastewater Collection System Operator Certificate
qualifications if they:
(i) Are gaining
acceptable operating experience at a wastewater collection system at the time of
making application; and
(ii) Have
a high school diploma, GED certificate, or equivalent; and
(iii) Are
participating in or have completed a Department approved training program; and
(iv) Are
supervised on a full-time or part-time basis by a certified wastewater collection
system operator.
(B) The Grade
I Provisional Certificate is not renewable. This conditional certificate will be
issued for a period of 12 months during which time the individual may apply to take
the Grade I wastewater collection examination.
(C) Upon
passing the Grade I wastewater collection examination and obtaining a total of 12
months acceptable operating experience at a wastewater collection system, the individual
may submit a post-examination application and fee for evaluation of qualification
for standard Grade I certification.
(b) Grade
I Wastewater Collection System Operator Certification. Persons may qualify for this
certificate type and grade if they meet the following qualifications:
(A) Education:
High school diploma, GED certificate, or equivalent; and
(B) Experience:
(i) Twelve
months acceptable operating experience at a Class I or higher Wastewater Collection
System; or
(ii) Six
months operating experience, not to include credit for any related experience, and
an Associate of Science degree in water or wastewater technology, or Department
approved Associate of Science degree, or combination of community college, college
or university education accepted as equivalent to an Associate of Science degree
in water or wastewater technology; and
(C) Examination:
Satisfactorily pass the Wastewater Collection Grade I examination.
(c)(A) Grade
II Wastewater Collection System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
Three years acceptable operating experience at a Class I or higher Wastewater Collection
System, or two years experience at a Class I or higher Wastewater Collection System,
and one year of post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Collection Grade II examination.
(d)(A) Grade
III Wastewater Collection System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
(I) Eight
years acceptable operating experience, of which half must have been at a Class II
or higher Wastewater Collection System; or
(II) Five
years experience, of which half must have been at a Class II or higher Wastewater
Collection System, and one year of post high school education; or
(III) Four
years experience, of which half must have been at a Class II or higher Wastewater
Collection System, and two years post high school education; or
(IV) Three
years experience, of which half must have been at a Class II or higher Wastewater
Collection System, and three years of post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Collection Grade III examination.
(e)(A) Grade
IV Wastewater Collection System Operator Certification.
(B) Persons
may qualify for this certificate type and grade if they meet the following qualifications:
(i) Education:
High school diploma, GED certificate, or equivalent; and
(ii) Experience:
(I) Ten years
acceptable operating experience, of which half must have been at a Class III or
higher Wastewater Collection System; or
(II) Eight
years experience, of which half must have been at a Class III or higher Wastewater
Collection System, and one year of post high school education; or
(III) Six
years experience, of which half must have been at a Class III or higher Wastewater
Collection System, and two years post high school education; or
(IV) Five
years experience, of which half must have been at a Class III or higher Wastewater
Collection System, and three years of post high school education; or
(V) Four
years experience, of which half must have been at a Class III or higher Wastewater
Collection System, and four years post high school education; and
(iii) Examination:
Satisfactorily pass the Wastewater Collection Grade IV examination.
(4) The Department
will consider the direct relevance of post high school education to wastewater treatment
or wastewater collection system operator job tasks and required knowledge, e.g.
science, mathematics, engineering, operation, maintenance and management, when determining
the number of CEUs or equivalent, or hours of community college or college credit
allowed for qualifying for certification under these rules:
(a) CEUs
to be acceptable must have direct application to the operation or management of
wastewater systems and be acquired through an accredited continuing education experience
where the trainer, training sponsor, or educational institution awards a CEU. CEUs
or equivalent may be accepted from other states or accredited programs having standards
equal to or higher than the rules in this Division;
(b) Degrees
or any accumulation of credit hours must be in the fields of engineering, chemistry,
water/wastewater technology or physical or biological science from an educational
institution accredited through an agency recognized by the U.S. Department of Education
to be acceptable;
(c) CEUs
or equivalent and credit hours may be combined to satisfy post high school educational
requirements; and
(d) Education
for qualifying for certification must be documented by copies of diplomas or certificates,
degrees, transcripts, grade reports, letters of participation or other official
records.
(5) Experience
credit is based on acceptable operating experience. Acceptable operating experience
includes:
(a) Experience
in performance of operator or system supervisor duties, tasks and responsibilities
may satisfy up to 100 percent of the experience credit;
(b) Experience
as an operator trainee or student intern may satisfy up to 100 percent of the experience
credit. The Department will consider experience or education, but not both, in qualifying
an applicant where education credit is earned for on-the-job training;
(c) Related
experience as an industrial wastewater operator where the relevant work may be substituted
based on the type of treatment process, type of process equipment, size of the facility,
and complexity of the operation. Criteria applied will be OAR 340-049-0025. The
applicant is responsible to verify the 6 points requested in OAR 340-049-0025 and
submit this information on the application for testing. The Department will evaluate
the submittal and respond to the applicant with results.
(d) Related
experience in any of the following areas may satisfy up to 50 percent of the experience
credit subject to limitations in OAR 340-049-030(5)(e) and (f):
(A) Wastewater
treatment systems operation;
(B) Wastewater
collection system operation and maintenance;
(C) Water
treatment system operation;
(D) Water
distribution system operation;
(E) Water
treatment laboratory;
(F) Wastewater
treatment laboratory;
(G) Water
or Wastewater treatment system maintenance;
(H) Other
substantially equivalent related field.
(e) The total
of related experience credit must not exceed more than one-half of the acceptable
operating experience requirement for certification under OAR 340-049-0030(2) or
(3).
(f) Related
experience credit must not reduce Grade III or Grade IV minimum requirements for
wastewater system class level operating experience under OAR 340-049-0030(2) or
(3).
(6) The applicant
for certification must provide education and experience records to the Department
with the application for screening and evaluating the applicant's qualifications.
(7) The Department
may waive the experience or education requirements for admission to an examination
under provisions outlined in OAR 340-049-0055(7) — Examinations.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0035
Certification
of Wastewater Treatment System and Wastewater Collection System Operators
(1) To be considered
for operator certification a person must file a complete application with the Department
using approved forms or technology by the filing deadline, if any, established under
these rules. The Department will consider only those applications that are complete
for processing and include all required qualification information and documentation
not already on file with the Department and the appropriate fees. Applications that
are incomplete, unsigned or improperly signed, or that do not contain the required
documentation will not be accepted by the Department for filing.
(2) The Director
will issue certificates to persons meeting the education, experience and examination
qualifications set forth in OAR 340-049-0030 for the certificate type and grade
sought. Grade I Provisional certificate qualifications do not include an examination.
The Director may refuse to issue a certificate as provided in 340-049-0080.
(3) The Director
may issue new certificates with up to a two-year expiration date and subject to
renewal requirements in OAR 340-049-0040. Exceptions include Provisional certificates,
which expire after 12 months, and new standard certificates issued to persons already
certified under these rules, which expire on the same date as the pre-existing certificates.
(4) The Director
will issue a Grade I Provisional certificate valid for 12 months to persons meeting
the education and experience qualifications set forth in OAR 340-049-0030(2)(a)
and (3)(a). Upon qualification, including passing a Grade I examination, the Director
may issue a standard (renewable) Grade I certificate. The Director may refuse to
issue a certificate as provided in 340-049-0080.
(5) Certificates
in Wastewater Collection System Operation issued by the Department on or before
May 1, 1989, will continue to be valid as long as certificate renewal and reinstatement
requirements are satisfied and certificates are not revoked.
(6) Each
certificate issued will designate the certificate type and grade of the person certified,
and will have an expiration date stated on the certificate or on an accompanying
certificate renewal card.
(7) The Department
will not consider an application for a new certificate, including a certificate
at a higher grade, if the certificate requested is for the same type, treatment
or collection, as an expired certificate that is still under the one-year reinstatement
period in OAR 340-049-0045. Once the expired certificate is reinstated, an application
for a new certificate may be processed.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.410, 448.415 & 448.420

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0040
Certification and Renewal
(1) Subject to these
requirements and OAR 340-049-0080, a certificate holder may renew a certificate
for up to a two-year period if the certificate holder files a complete renewal application
with the Department by the certificate expiration date, includes payment of the
renewal fee in 340-049-0065(1), and provides satisfactory evidence to the Department
of continuing education.
(a) The accumulation
of a minimum of two CEUs or two hours of community college, college or university
credit every two years in relevant subject matter as described in OAR 340-049-0030(4)
is considered satisfactory.
(b) The Department
will determine whether the CEUs or hours of credit are directly relevant to a wastewater
system operator's job tasks and required knowledge and satisfy the continuing education
requirement.
(c) A person
holding both wastewater treatment system and wastewater collection system operator
certificates issued under these rules must complete only a minimum of two CEUs or
two hours of community college, college or university credit to renew both certificates.
(2) Grade
I Provisional certificates are not renewable. Persons may apply for a new Provisional
certificate if they meet all the qualifications under OAR 340-049-0030(2)(a) or
(3)(b).
(3) The Department
will send each person holding a valid certificate a renewal notice and application
at least 60 days before the certificate expires. The notice will be mailed to the
last address of record with the Department's Water Quality Division, Operator Certification
Program, and will show the certificate expiration date, renewal period, fee, and
date the fee is due. Operators are not relieved of responsibility to renew their
certificates if they do not receive renewal notices.
(4) The Department
may extend the certificate expiration date for up to 30 days, after which time the
certificate will be invalid. A certificate holder may reinstate an expired certificate
according to procedures and requirements in OAR 340-049-0045.
(5) The Department
will establish the continuing education reporting date for each certificate holder.
Generally, this will be at two-year intervals and at the time of certificate renewal.
(6) The Department
may vary the expiration date of a certificate and prorate the renewal fee and continuing
education requirement to cover renewal periods of less than two years. The Department
will give each person written notice of the certificate expiration date assigned,
the prorated fee and continuing education requirement and dates due.
(7) Certificate
holders must maintain their own records of course/program information and attendance,
and must submit documentation to the Department upon request as a condition of renewal.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.410, 448.415 & 448.420

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0045
Reinstatement of Expired Certificates
(1) The Department will send a notice of certificate expiration to each certificate holder at the last address of record. Operators are not relieved of responsibility to reinstate their certificates if they do not receive the notice.
(2) The Director will renew an expired certificate if the certificate holder submits a renewal application within one year of the date of expiration, including proof that renewal qualifications have been met and payment of a reinstatement fee and the renewal fee in OAR 340-049-0065(1).
(3) If a certificate holder fails to renew an expired certificate within one year following the date of expiration, the certificate holder may re-apply for certification and must meet the requirements established for a new applicant, including passing an examination and payment of the application fee and examination fee.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030 

Stats. Implemented: ORS 448.410, 448.415 & 448.420 

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0050
Certificate and Reciprocity
(1) The Department may accord a person with a valid certificate in good standing in another state or province reciprocal treatment and issue a certificate without examination when, in the judgment of the Director, the certification examination requirements in the other state or province are substantially equivalent to and the person's education and experience meet the requirements set forth in this Division.
(2) Persons requesting reciprocity must submit a complete application and pay the reciprocity fee as listed in OAR 340-049-0065(1).
(3) The Department will not consider an application for a new certificate by reciprocity, including a certificate at a higher grade, if the certificate requested is of the same type, treatment or collection, as an expired Oregon certificate that is still under the one-year reinstatement period in OAR 340-049-0045. Once the expired certificate is reinstated, an application for a new certificate by reciprocity may be processed.
(4) The expiration date of a new operator certificate by reciprocity where there exists a valid Oregon certificate will be the same as the Oregon certificate.
(5) When such reciprocity is granted, the person will be subject to the same requirements of renewal as any other persons initially certified under these rules.
(6) The Director may refuse to issue a certificate by reciprocity based on a person's failure to meet education, experience or examination qualifications as stated above or any ground for refusal in OAR 340-049-0080(1).
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.410, 448.415 & 448.420

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0055
Examinations
(1) Persons applying
for new certificates requiring examinations, including certificates at higher grades,
must be approved for examination by the Department.
(2) To be
admitted to an examination, a person must file a complete application with payment
of the fee(s) required by OAR 340-049-0065(1), and meet the education and experience
qualifications for the certificate type and grade sought, unless the person has
obtained a conditional waiver under section (7) of this rule.
(3) Examinations
will be administered by the Department or its designee at places and times set by
the Department.
(4) To be
considered for admittance to examinations, applications for certification must be
submitted or postmarked to the Department by no later than the first day of the
month preceding the month of the examination.
(5) The Department,
at its discretion, may administer written or oral examinations at times other than
those scheduled, without public notice.
(6) The Department
will notify applicants whether they are eligible for examinations and the conditions
of eligibility.
(7) The Department
may waive the education or experience requirements for admission to an examination
under the following conditions:
(a) The applicant
provides evidence to the satisfaction of the Department of current enrollment in
a course of study that will meet education qualifications in OAR 340-049-0030 for
the type and grade of certificate the applicant is seeking not later than the end
of the fourth calendar month following the month in which the examination is given,
or
(b) The applicant
is currently gaining acceptable operating experience that will meet certificate
qualifications in OAR 340-049-0030 for the type and grade of certificate the applicant
is seeking not later than the end of the fourth calendar month following the month
in which the examination is given, or
(c) The applicant
does not meet the experience or supervision requirements for a Provisional or standard
Grade I wastewater treatment or collection certificate under this Division, but
is otherwise qualified by education and has completed or is participating in a Department
approved training program. This applicant may take a Grade I treatment or Grade
I collection examination and upon passing the examination will be recognized by
the Department as an operator in training (OIT) for a period not to exceed 36 calendar
months, unless approved by the Department in writing, during which time the applicant
must meet experience requirements for a standard or Provisional certificate in OAR
340-049-0030, and
(d) Any applicant
receiving an experience or education waiver for admission to an examination must
pay the post-examination application fee for evaluation of certificate qualification
as shown in OAR 340-049-0065(1) at the time of submitting proof of meeting education
or experience qualifications, and
(e) The Department
will withhold certification from any applicant passing an examination until evidence
of education or experience qualification is furnished. If any applicant fails to
complete all requirements for certification within the allowed time period in this
section, the Department will not consider the examination results for any purpose.
(8) Examinations
must consist of material in content and level appropriate to each certificate type
and grade.
(9) The Department
or its designee will score all examinations and notify applicants of the results.
Examinations will not be returned to the applicant.
(10) A minimum
score of 70 percent is required to pass an examination.
(11) Any
person who fails an examination may retake the examination at a later date by submitting
an application for re-examination along with the proper examination fee listed in
OAR 340-049-0065(1) and by the deadline established in 340-049-0055(4).
(12) Any
person who does not apply for re-examination within one year of the date from which
the initial exam was taken must submit a new application for examination along with
the proper fee listed in OAR 340-049-0065(1).
(13) An applicant
may not take the same certificate type and grade examination more than twice in
a twelve-month period unless the applicant can demonstrate to the satisfaction of
the Department specific education completed in the subject area of the examination.
(14) Persons
with disabilities may request special accommodation for testing. No additional fee
will be required for disability accommodation under the federal Americans with Disabilities
Act.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 29-1994, f. & cert. ef. 12-2-94; DEQ 15-2002, f. & cert. ef. 10-16-02;
DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0060
Operator
Certification and Operator Certification Program Support Fees
(1) Operator Certification
Fees:
(a) All persons
applying for wastewater system operator certification must pay the applicable fee(s)
listed in OAR 340-049-0065(1);
(b) All applications
for a new certificate or certificate at a higher grade, but excluding applications
for reciprocity, require an examination and must be accompanied by a fee payment
equal to the sum of the appropriate application fee and examination fee as shown
in OAR 340-049-0065(1)(a) and (b);
(c) A reciprocity
applicant found to be ineligible for a certificate by reciprocity, who otherwise
meets the education and experience qualifications listed in OAR 340-049-0030, may
be scheduled for an initial certification examination in accordance with 340-049-0055
without payment of an examination fee;
(d) An applicant
found to be ineligible for admission to a certification examination at the requested
grade , who otherwise meets the education and experience qualifications for certification
at a lower grade as listed in OAR 340-049-0030, may be scheduled for an examination
at the lower grade without payment of an additional fee;
(e) The Department
will not process incomplete applications or applications not accompanied by appropriate
fee(s) and attachments, including documentation for all claims of education.
(2) Operator
Certification Program Support Fees:
(a) All owners
of NPDES or WPCF permitted wastewater systems required to be supervised by operators
certified in accordance with requirements in this Division must pay an annual Operator
Certification Program Support Fee according to the fee schedule in OAR 340-049-0065(2).
The fee will be based on the most current design ADWF for the wastewater treatment
system as approved by the Department:
(b) The annual
certification program support fee must be paid for each year a wastewater system
is in operation. The operating year is defined as July 1 through June 30. A fee
for any year during which the wastewater system is in operation is retroactive to
July 1 of that operating year, and will be due only if the wastewater system is
placed into operation on or before May 1 of that operating year.
(c) The Department
will notify wastewater system owners of the fee amount owed and the date the fee
must be paid. The notification will generally be given 60 days prior to the due
date.
(d) The Director
may alter the due date for the annual certification program fee upon receipt of
a written request from a wastewater system owner demonstrating need. The Commission
may reduce or suspend the annual operator certification program support fee based
on hardship.
(e) Any wastewater
system owner who fails to pay the annual operator certification program support
fee within 30 days of the due date will be assessed a late fee by the Department
according to OAR 340-049-0065(2)(b), which will be due and payable immediately with
the annual fee.
(3) All fees
are payable to the Oregon Department of Environmental Quality or Oregon DEQ.
(4) Fees
will not be refundable unless:
(a) The Department
has taken no action on a certification application;
(b) The Department
determines the wrong application has been filed;
(c) The Department
determines that no fee is required;
(d) An overpayment
has been made.
Stat. Auth.: ORS
448.410(1)(d) & 468.020

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 29-1994, f. & cert. ef. 12-2-94; DEQ 15-2002, f. & cert. ef. 10-16-02;
DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0065
Fee Schedules
for Wastewater System Operator Certification and Operator Certification Program
Support
(1) Operator Certification
Fee Schedule
(a) Application
Fee:
(A) Small
Wastewater Systems: $140
(B) Grade
I or Grade I Provisional Treatment or Collection: $140;
(C) Grade
I or Grade I Provisional Treatment and Collection: $200;
(D) Grade
II Treatment or Collection: $170;
(E) Grade
III Treatment or Collection: $200; and
(F) Grade
IV Treatment or Collection: $240.
(b) Examination
Fee: $100
(c) Re-examination
or Reschedule Examination Fee: $240
(d) Post-examination
Application Fee: $50
(e) Reciprocity
Application Fee
(A) Grade
I — Treatment or Collection: $160;
(B) Grade
I — Treatment and Collection: $240;
(C) Grade
II Treatment or Collection: $190;
(D) Grade
III Treatment or Collection: $220; and
(E) Grade
IV Treatment or Collection: $260.
(f) Two-year
Certificate Renewal Fee — One certificate or two: $160
(g) Certificate
Reinstatement and Renewal Fee — One certificate or two: $280
(h) Certificate
and Renewal Document Replacement: $50
(2) Operator
Certification Program Support Fee Schedule:
(a) Annual
Operator Certification Program Support Fee - Wastewater Systems:
(A) ADWF
less than 0.075 MGD: $80;
(B) ADWF
0.075 — 0.499 MGD: $100;
(C) ADWF
0.500 — 0.999 MGD: $190;
(D) ADWF
1.0 — 1.999 MGD: $360;
(E) ADWF
2.0 — 4.999 MGD: $840;
(F) ADWF
5.0 — 9.999 MGD: $1,840;
(G) ADWF
10.0 — 19.999 MGD: $3,600;
(H) ADWF
20.0 — 29.999 MGD: $6,000;
(I) ADWF
30.0 — 39.999 MGD: $8,400;
(J) ADWF
40.0 — 59.999 MGD: $12,000;
(K) ADWF
60.0 — 79.999 MGD: $16,800;
(L) ADWF
80.0 — 119.999 MGD: $24,000; and
(M) ADWF
120.0 MGD or greater: $33,600.
(b) Late
Fee: $50 or 10 percent of the appropriate annual operator certification program
support fee in subsection (a) above, whichever is greater.
Stat. Auth.: ORS
448.410(1)(d) & 468.020

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
23-1988, f. & cert. ef. 9-15-88; DEQ 29-1994, f. & cert. ef. 12-2-94; DEQ
30-1994(Temp), f. & cert. ef. 12-2-94; DEQ 15-2002, f. & cert. ef. 10-16-02;
DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13
340-049-0070
Contracts for Part-Time Supervision
(1) When a wastewater system owner enters into a contract for part-time supervision with a certified operator or entity employing a certified operator to comply with OAR 340-049-0015(3), the contract must include at least the following:
(a) The parties involved, including names, addresses and phone numbers of each;
(b) The name of each operator responsible for supervising the wastewater system; the operator's certificate type, grade and expiration date; and the operator's address and phone number;
(c) The specific starting date and expiration date of the contract;
(d) The minimum number of visits to be made to the wastewater system by the certified operator(s) responsible for supervising the system; and
(e) The duties and responsibilities of each party involved, including the certified operator(s).
(2) The contract for supervision must provide for a contracted certified operator to be available to respond on site upon request of the wastewater system owner and to any other operator.
(3) The Director may require the wastewater system owner to make changes to the contract if the wastewater system violates the conditions of a NPDES or WPCF permit or water pollution control laws in ORS 468B.025.
(4) The owner of the wastewater system must maintain the contract on file for Department review.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.410, 448.415, 448.420 & 448.430

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0075
Variances
The Director may grant variances from requirements in this Division for wastewater system owners if the Department determines that strict compliance with the rules would be highly burdensome or impractical due to special conditions or causes, and that the public or private interest in the granting of the variance clearly outweighs the interest in the application of uniform rules.
(1) A wastewater system owner must request a variance in writing and must demonstrate that the requirements for a variance are satisfied;
(2) The Department will evaluate and process the variance request as a permit action in accordance with OAR 340-045-0027(1)(a);
(3) The Director will notify the wastewater system owner of the decision to grant or deny a variance in accordance with applicable permit issuance procedures, set forth in OAR 340-045-0005, et seq.;
(4) If the Director denies the variance, the system owner may request a contested case hearing before the Commission or its authorized representative. Such a request for hearing must be made in writing to the Director within 20 days of the date of mailing of the notification of the variance decision. Any hearing held will be conducted pursuant to the regulations of the Department.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.405-448.430 & 448.992 & 468B.050

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0080
Refusal and Revocation of Certificate and Appeal Process
(1) The Director may refuse to issue, renew or reinstate a certificate, or may suspend or revoke the certificate of any person on the following grounds:
(a) Obtaining or renewing a certificate by fraud, deceit, or misrepresentation; or
(b) Gross or repeated negligence, incompetence or misconduct in performance of duties as an operator or supervisor of a wastewater treatment system or wastewater collection system in Oregon or any other state or province; or
(c) Failure of the operator to comply with the lawful orders, rules or regulations of the Department; or
(d) Failure of the operator certified by reciprocity to comply with the lawful orders, rules or regulations of any other state, province, or certifying authority; or
(e) False or fraudulent reporting or record-keeping by the operator regarding the operation or supervision of a wastewater treatment system or wastewater collection system in Oregon or any other state or province.
(2) If the Director refuses to issue, renew or reinstate, or suspends or revokes a person's certificate, the Director must give notice to the person of opportunity for a contested case hearing in accordance with OAR 340-011-0097.
(3) After a period of twenty-four (24) months, the Director may reinstate the certificate of any person whose certificate has been revoked upon presentation of evidence satisfactory to the Director that such reinstatement is warranted. The Director may require re-examination and submittal of fees as a condition of the certificate reinstatement.
(4) This rule applies to any matter pending before the Department or Commission.
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.405-448.430 & 448.992

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0082
Penalty Provisions
(1) Any municipal or private wastewater system owner who knowingly and willfully violates any of the provisions of these rules may be subject to:
(a) Criminal penalties according to provisions of ORS 448.992 or 448.415(2); and
(b) Civil penalties according to OAR 340, division 12 for violations of NPDES or WPCF permits.
(2) Any individual who knowingly and willfully violates any provision in this division may be subject to revocation of certification and criminal penalties under ORS 448.992 or 448.415(2).
Stat. Auth.: ORS 448.410, 468.020 & 468B.030

Stats. Implemented: ORS 448.410, 448.415 & 448.992

Hist.: DEQ 4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88; DEQ 15-2002, f. & cert. ef. 10-16-02
340-049-0085
Advisory Committee
(1) The Department
will maintain an Advisory Committee to:
(a) Evaluate
the effectiveness of the program; and
(b) Recommend
needs of the program.
(2) The Advisory
Committee will convene at least twice a year at time and place set by the Department.
(3) The composition
of the Committee will include, representatives of system owners, operators of small
and large wastewater systems, industry associations, and the educational community.
Stat. Auth.: ORS
448.410, 468.020 & 468B.030

Stats. Implemented:
ORS 448.405 - 448.430 & 448.992

Hist.: DEQ
4-1988(Temp), f. & cert. ef. 1-29-88; DEQ 23-1988, f. & cert. ef. 9-15-88;
DEQ 15-2002, f. & cert. ef. 10-16-02; DEQ 2-2013, f. 1-28-13, cert. ef. 3-1-13

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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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