PURPOSE: This rule sets out the requirements that a person must meet to obtain a wastewater operator certificate.

1. (1) Definitions. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20- 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.

   1. (A) Certificate of Competency. A document issued by the department stating that the recipient named on the certificate has satisfied the requirements for the certification level specified pursuant to this rule.
   2. (B) Certificate of Examination. A document issued by the department stating that the recipient named on the certificate has passed the certification examination for the certification level specified pursuant to this rule.

2. (2) Administration.

   1. (A) The department shall serve as the certifying agency for wastewater treatment system personnel.
   2. (B) Any conflict arising from departmental actions or decisions made in the execution of this rule and not satisfactorily resolved through the Missouri Clean Water Commission’s director of staff may be appealed to the commission. The appeal shall be made in writing to the Missouri Clean Water Commission, Attention: Commission Secretary, P.O. Box 176, Jefferson City, MO 65102, within thirty (30) days of the contested action or decision. The appeal shall indicate the interest of the party filing the action. The commission shall set the appeal for hearing no sooner than thirty (30) days after receipt of a proper appeal. Appeals may be heard by a hearing officer appointed by the commission chairman. Hearings shall be conducted in accordance with section 644.066, RSMo.

3. (3) Certification of Competency.

   1. (A) Certificates issued by the department, and valid on March 1, 1992, are valid as certifications of competency in the equivalent class and shall be governed by the provisions of this rule. Initial renewal of the certificates shall be as outlined in subsection (6)(A) of this rule. 10 CSR 20-9
   2. (B) Certifications at the appropriate level shall be issued to individuals successfully passing the certification examination and fulfilling experience requirements of subsection (3)(H) of this rule. The expiration date of the certifications shall coincide with renewal requirements as provided in subsection (6)(B) of this rule. An examination score of seventy percent (70%) correct shall be considered a passing grade.
   3. (C) All certification examinations pursuant to this rule shall be administered through the department. Examination shall be available at a frequency of not less than four (4) times annually. Examination application forms and information, including examination dates and locations, shall be available through the department.
   4. (D) A completed application form for examination must be submitted to the department no later than thirty (30) days before the scheduled examination session. An application fee of twenty dollars ($20) shall accompany each application.
   5. (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.
   6. (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.
   7. (G) An individual applying to take the examination will be allowed to reschedule once. After that, s/he must reapply as required in subsection (3)(D) of this rule.
   8. (H) Approval of applicant eligibility for certification of competency shall be the responsibility of the department. Assessment of applicant qualifications shall include the following criteria: In-Plant Actual Operating Certification Experience Level Required

A 6 years (2 years of which may be equivalent) B 4 years (1 year of which may be equivalent) C 2 years (1 year of which may be equivalent) D 1 year (all of which may be equivalent)

1. (I) Years of equivalent experience shall be computed from the following criteria. Experience equivalence for high school and college degrees is nonadditive: High school diploma or GED 1/2 year Graduation from approved one (1)-year certificate program in water/wastewater technology 1 year College level courses in biological/ environmental sciences (grade C or better required)— maximum credit of six (6) months 1 month per 3 semester hours Two (2)-year associate degree in allied field (for example, environmental health/science, biology, chemistry) 1 1/2 years Four (4)-year college degree in allied fields (for example environmental sciences, biology, chemistry and engineering) 2 years Approved multi-week entry level, advanced or correspondence courses—maximum credit of one (1) year 1/2 year

   1. 1. Operation of potable water treatment

facilities will be given equivalent credit of actual calendar years of operation in the potable water treatment field.

1. 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.

1. 3. Documentation submitted for equiva-

lent experience credit that does not fit the previously mentioned criteria will be evaluated by the department on a case-by-case basis.

1. (J) Any person not possessing the necessary operational experience may take the examination.

   1. 1. Upon successful completion of the

examination, the individual will have to obtain the necessary operational experience within one (1) year. If the necessary experience is not obtained with the one (1) year limit, the individual must reexamine to be certified at that level of competency.

1. 2. Application for issuing a certificate

must be made on the proper form as described in subsection (12)(A) and must be accompanied by the certification fee of twenty-five dollars ($25).

1. (K) An individual is not certified until the certification fee has been paid and the certificate has been issued.
2. (L) The minimum age for certification shall be sixteen (16) years.

1. (4) Certification Without Examination.

   1. (A) Certification of competency in the equivalent classification will be issued to operators and supervisors who, on March 1, 1992, hold current exemptions issued by the department provided that the individual fulfills the following requirements:

      1. 1. Was certified by exemption at the lev-

el required for that facility immediately prior to March 1, 1992;

1. 2. Is employed as supervisor on March

1, 1992;

1. 3. Continues employment in the same

capacity with the employer; and

1. 4. Was judged by the department to not

be responsible for operational and/or maintenance deficiencies cited for the facility within the twelve (12) months prior to March 1, 1992.

1. (B) All certifications without examination issued under subsection (4)(A) of this rule shall expire if the certificate holder changes position or employer. If a substantial change occurs in the treatment process, the certification without examination shall expire upon construction completion.

1. (5) Certificate of Examination. Any person holding a valid certificate of examination on the effective date of this rule must meet experience requirements for that level and apply to upgrade the certificate to a certificate of competency according to the following schedule. If the certificate is not converted within this time frame, the certificate of examination will lapse and the person will have to reexamine.

Certificate of Time Allowed Examination Level for Upgrade A February 28, 1998 B February 28, 1996 C February 28, 1994 D February 28, 1993

1. (6) Certificate Renewal.

   1. (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 (6)(B) prior to the expiration date stated on each individual’s certificate.
   2. (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.
   3. (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.
   4. (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.
   5. (E) Provided the certificate holder has submitted 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.
   6. (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 as described in subsection (12)(B).
   7. (G) A late fee of ten dollars ($10) per month, or fraction of the fee, up to a total of twenty dollars ($20) shall be assessed for any certification renewed after the expiration date.

2. (7) Reciprocity.

   1. (A) Individuals having valid certification issued by another state or country, or its authorized representative, having examination, experience and renewal requirements equal to or more stringent than those of the department, as determined by the department, will be granted a certificate of competency provided that the applicant—

      1. 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;

1. 2. Obtains employment with a Missouri

wastewater treatment system; and

1. 3. Makes application for reciprocity

within one hundred twenty (120) days after beginning that employment. The form described in subsection (12)(C) must be submitted along with the application fee of forty dollars ($40).

1. (B) The fee for a certificate issued under the provisions of this section is twenty-five dollars ($25).
2. (C) The level of certification issued will be determined by the state of origin’s minimum requirements for the level of certification held in that state.
3. (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 twenty (120) 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.

1. (8) Revocation.

   1. (A) The department may 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 10 CSR 20.
   2. (B) Notice of 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.
   3. (C) A written request for a hearing may be made by the certificate holder no more than thirty (30) days following notification from the commission’s director of staff that revocation proceedings have been initiated. A hearing will be conducted as outlined in subsection (2)(B) of this rule.
   4. (D) 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.
   5. (E) Any revoked certificate shall be returned to the department.
2. (9) 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.
3. (10) All fees are nonrefundable and nontransferable.
4. (11) Penalties. Penalties for violation of this rule shall be as provided in the Missouri Clean Water Law.

5. (12) Forms.

   1. (A) Examination Application.
   2. (B) Reserved.
   3. (C) Reciprocity Application.

AUTHORITY: section 644.026, RSMo 1994.* Original rule filed July 15, 1991, effective March 1, 1992. *Original authority 1972, amended 1973, 1987, 1993.