1. A. Pursuant to Section 61-33-4(G) of the act, a board shall be appointed by the commission to function with the commission to establish qualifications of operators, classify systems and facilities, adopt rules and advise the department on the administration of the act.
2. B. The commission shall properly notify the board of all matters brought before the commission to which the act is applicable.
3. C. The board shall consist of seven certified operators. The commission shall also appoint two certified operators to serve as alternates to board members in their absence. All alternates appointed prior to the effective date of this part will be allowed to serve out the remainder of their three-year terms.
4. D. Appointments to the board shall be for three-year terms. The commission shall appoint new board members at its first meeting of each fiscal year. The terms shall overlap so that no more than three terms shall expire in any one year.
5. E. At the first meeting of each fiscal year, the board shall elect from its membership a chairman, a vice chairman, and two members to sit as commission members on all matters to which the act is applicable.
6. F. A quorum shall consist of a least four members.

7. G. The duties of the board shall include:

   1. (1) reviewing proposed rules, regulations and guidelines regarding the administration of the act for action by the commission including:

      1. (a) the basis for classifying public water supply systems and public wastewater facilities;
      2. (b) qualifications for the various classifications of operators;
      3. (c) proposing criteria for the evaluation of the minimum number of certified operators needed to operate a public water supply system or public wastewater facility; and
      4. (d) developing criteria for the classification of wastewater laboratory technicians based on the complexity of analytical work performed;
   2. (2) reviewing proposed examinations for each level and type of certification;
   3. (3) proposing criteria for the evaluation of applicant qualifications;
   4. (4) reviewing applications for issuance of certificates by reciprocity or endorsement;
   5. (5) proposing criteria for the evaluation of proposed training programs;
   6. (6) making recommendations to the commission for replacement when a board vacancy occurs; and
   7. (7) performing any other function in regard to the act as directed by the commission.

8. H. Any board member failing to attend three consecutive regular meetings is automatically removed as a member of the board. The commission may remove any member of the board for neglect of any duty required by law, for incompetence or for unprofessional conduct and shall remove any board member who violates any provision of the act. The commission shall fill any vacancies on the board.

   HISTORY of 20.7.4 NMAC:

   Pre-NMAC History:

   WQC 67-2, Regulations Governing Water Pollution Control in New Mexico, filed 12-5-67

   WQC 72-1, Water Quality Control Commission Regulations, filed 8-4-72

   WQC 72-1, Amendment No. 5, Regulations for the Classification of Utility Systems and Certification of Utility Operators, filed 3-18-74

   WQCC 77-1, Amended Water Quality Control Commission Regulations, filed 1-18-77

   WQCC 77-1, Amendment No. 1, filed 9-21-79

   WQCC 81-2, Water Quality Control Commission Regulations, filed 6-2-81

   WQCC 82-1, Water Quality Control Commission Regulations, filed 8-19-82

   WQCC 82-1, Amendment No. 2, filed 10-18-84

   WQCC 82-1, Amendment No. 3, filed 7-23-85

   WQCC 82-1, Amendment No. 5, filed 5-19-86

   WQCC 82-1, Amendment No. 10, filed 7-20-93

   WQCC 82-1, Amendment No. 12, filed 9-28-94

   History of the Repealed Material:

   20 NMAC 7.4, Wastewater and Water Supply Facilities - Utility Operator Certification, Repealed effective 1-26-01

   Other History:

   WQCC 82-1, Water Quality Control Commission Regulations, Replaced in part by 20 NMAC 7.4, filed 10-25-95

[20.7.4.29 NMAC - Rp, 20 NMAC 7.4.209, 1-26-01; A, 11-15-06]