1. (a) Any wastewater treatment plant operator as defined in §325.1 of this title (relating to Definitions) must hold a valid certificate of competency issued pursuant to this chapter with the following exception. A person first entering the field of wastewater treatment may be employed as an operator-in-training without certification under constant supervision of another certified operator for a maximum of one year after employment. This time period will allow the person to obtain the required designated training courses and take the appropriate examination. Any operator-in-training who is unable to acquire current certification within one year of his or her employment is prohibited from performing any operational functions at the facility unless specifically authorized to do so by the commission. Upon suspension or revocation of a certificate under §325.11 of this title (relating to Revocation or Suspension of Certificate), the operator shall no longer operate or assist in operation of any wastewater treatment plant, unless specifically authorized to do so by the commission, or unless the certificate has been reinstated.
2. (b) Each holder of a wastewater disposal permit for a wastewater treatment facility shall employ one or more treatment plant operators holding valid certificates of competency issued under the direction of the commission. At any small wastewater treatment facility where there is only one operator, when the permittee's certified operator leaves the employment of the permittee, the permittee will take prompt and diligent action to have employed a qualified and properly certified wastewater operator.
3. (c) The certificates of competency for wastewater treatment plant operators shall be Class A, Class B, Class C, and Class D. The qualification requirements for each class of certificate shall include a minimum level of formal education, a minimum level of training, a period of experience as a treatment plant operator, a grade of 70% or higher on a written examination for that certificate class, and payment of the applicable fee. If the applicant fails to pass an examination, the applicant must wait a minimum of three months before taking any examination. The executive director may require additional training after a failed examination.
4. (d) The qualification requirements for each class of certificate for treatment plant operators are as follows.
5. (e) Credit for related experience not directly connected with wastewater treatment facility operation, laboratory analyses, or maintenance will be approved at a rate of 50% of actual experience and only if the experience involves tasks similar to those required for operation of wastewater treatment facilities. At least one-half of the total experience requirement must be in actual, "hands-on" wastewater treatment plant operation. In no case (except for Class D) shall the amount of actual experience be less than one year. In order for laboratory experience to be applicable at a rate of 100% toward operator certification, the laboratory must be on-site and owned by the permittee such that the laboratory technician consults on a daily basis with operational personnel.
6. (f) The only college degrees which will satisfy the college degree requirement are those with a major in chemistry, biology, microbiology, bacteriology, or similar disciplines, or in any engineering discipline eligible for registration as a professional engineer in the State of Texas.

7. (g) The hours of training which are required in subsection (d) of this section must be in approved courses which include, but are not limited to, the following or their equivalents:

   1. (1) Class A--wastewater treatment, wastewater collection, wastewater laboratory, water utility management, and either water utility safety, utility calculations or advanced wastewater laboratory;
   2. (2) Class B--wastewater treatment, wastewater collection, wastewater laboratory, and either water utility safety, utility calculations, water utility management, or advanced wastewater laboratory;
   3. (3) Class C--basic wastewater operation, wastewater treatment, and either wastewater collection, wastewater laboratory, utility calculations, or water utility safety;
   4. (4) Class D--basic wastewater operation (plus either wastewater treatment, utility calculations or water utility safety for 40-hour requirement).
8. (h) For treatment plant operators who qualify for Classes A-C with an education of high school or equivalent, one year of college (32 semester hours approved by the executive director) or an additional 40 hours of training credits approved by the executive director may be substituted for either one-half year or one year of the experience requirement.
9. (i) Subject to revocation or suspension under §325.11 of this title (relating to Revocation or Suspension of Certificate), Class A certificates shall be valid for a term of eight years; Class B certificates shall be valid for a term of five years; Class C certificates shall be valid for a term of three years; and Class D certificates shall be valid for a term of two years. Certificates of competency for operators which were issued by the Texas Department of Health prior to August 15, 1985, will remain valid for the terms stated thereon.
10. (j) A certified wastewater treatment plant operator may perform all duties relating to the operation and maintenance of both wastewater treatment plants and collection systems and need not hold both types of certificates.
11. (k) Training used to meet the requirements of this section for obtaining or renewing wastewater certificates may be granted in areas of training other than those stated in subsections (g) and (h) of this section upon executive director approval of the training material. If the specific course and subject matter are approved, the executive director will determine the number of hours of credit that will be recognized for the course. The executive director shall review and approve the qualifications for all instructors of the training courses. Two hours of training credit will be recognized for verified attendance at the monthly Texas Water Utilities Association district meetings when the meetings include a training session related to wastewater utilities. Training credit may also be satisfied by other professional activities, such as publication of articles and teaching training courses, upon approval of the executive director.
12. (l) Operators of domestic wastewater treatment facilities owned and located on industrial sites which are regulated by industrial-type wastewater disposal permits are required to be certified only if the point of discharge is separate from any other industrial outfalls and the domestic wastewater is not commingled with other industrial wastewater prior to discharge.

Source Note:The provisions of this §325.2 adopted to be effective March 16, 1990, 15 TexReg 1174; amended to be effective June 6, 1994, 19 TexReg 3941.