250-RICR-150-10-5
250-RICR-150-10-5. Rules and Regulations for Wastewater Treatment Facility Operators (version Amendment, 10/28/2021 to 01/04/2022)
5.1 Purpose
The purpose of these
Regulations is to establish a system to classify all Wastewater
Treatment Facilities as to size and type, and to establish
specifications, including examinations, education, and work
experience, for issuing Certificates for Operators of each class of
Wastewater Treatment Facilities to ensure the proper management,
operation, and maintenance of Rhode Island Wastewater Treatment
Facilities.
5.2 Legal Authority
A. These Regulations are
adopted pursuant to the powers and duties of the Board of
Certification of Operators of Wastewater Treatment Facilities as
required and authorized by R.I. Gen. Laws Chapter 42-17.4.
B. These Regulations are
promulgated pursuant to the provisions of the Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35, and are effective
twenty (20) days following the date of filing with the Secretary of
State.
5.3 Prohibitions
A. It shall be unlawful after
June 30, 1979 for any person to operate or to cause to be operated a
Wastewater Treatment Facility unless the Superintendent and Assistant
Superintendent of such facilities hold a Certificate issued by the
Board. The Board may waive the requirement of a certified Assistant
Superintendent at a Wastewater Treatment Facility designed for a flow
of less than one hundred thousand (100,000) gallons per day.
B. It shall be unlawful after
June 30, 1979 for any person to hire an individual as an Operator
unless he/she holds a Certificate as required under Regulations
adopted pursuant to this Chapter; except that the Operator may be
hired without such Certificate provided that he/she obtains such
Certificate within one (1) year of the date of employment.
5.4 Definitions
A. "Assistant
superintendent" means the individual who is an Operator who is
assigned the full-time direct responsibility for the management,
operation and maintenance of an entire Wastewater Treatment Facility
in the absence of the Superintendent and who shall have a Certificate
equal to the grade or classification of the Wastewater Treatment
Facility. This person is the next person in line of authority in the
absence of the Superintendent and, therefore, there can be only one
(1) Assistant Superintendent for each facility.
B. “Board” means
the Board of Certification of Operators of Wastewater Treatment
Facilities established by R.I. Gen. Laws § 42-17.4-1 to ensure
the proper management, operation and maintenance of Wastewater
Treatment Facilities by certifying an individual to be qualified to
be an Operator.
C. “Certificate”
or “License” means an authorizing document issued by the
Board to an individual to operate one (1) or more specified grades of
Wastewater Treatment Facilities.
D. "Direct responsible
charge" means the authority exercised by a Superintendent,
Assistant Superintendent, Operations Supervisor or Shift Supervisor.
E. “Full time” or
“Full-time” means the assigned duties at a single
wastewater treatment facility of at least thirty-five (35) hours/week
or more unless otherwise determined by the Board.
F. "In good standing"
means the status of any employee of a Wastewater Treatment Facility
who has exhibited continued reasonable care, judgment and the
application of his/her knowledge and ability. Any certified employee
of a Wastewater Treatment Facility will not be considered to be In
Good Standing if he/she has been found, after such an individual has
been granted a hearing, to have performed his/her duties in a
negligent manner or that he/she has practiced fraud or deception.
G. "Laboratory
technician" means any Full-Time employee of and at a Wastewater
Treatment Facility who is not an Operator but whose Full-Time
employment is directly involved with the day-to-day process control
of the facility due to their duties either collecting samples and/or
performing, analyzing, and ensuring quality control for the testing
of chemical, physical and biological parameters.
H. "Licensee" means
any individual who has rightfully obtained an Operator's Certificate
from the Rhode Island Board of Certification of Operators of
Wastewater Treatment Facilities.
I. "Maintenance
technician" means any Full-Time employee at a Wastewater
Treatment Facility who is not an Operator but whose employment has
been determined by the Board to be directly involved in the
day-to-day maintenance of major process equipment.
J. "Operations
supervisor" means an individual who is an Operator who works
under the Superintendent, or Assistant Superintendent and is in
Full-Time Direct Responsible Charge. This person must be responsible
for one (1) or more Shift Supervisors.
K. "Operator" means
an individual who is so employed and assigned the Full-Time
responsibility on one (1) or more mechanical treatment units,
processes, or other process functions at a Wastewater Treatment
Facility.
L. "Person" means
any individual, partnership, firm, association, joint venture, public
or private corporation, trust estate, commission, board, public or
private institution, utility, cooperative, municipality or any other
political subdivision of this state, any interstate body, or any
other legal entity.
M. "Shift supervisor"
means an individual who is an Operator who works Full Time under the
Superintendent, Assistant Superintendent, or Operations Supervisor
who is assigned Full-Time direct responsibility of a shift operation
of a specific process or collection of processes, such as sludge
dewatering, etc. This person must be in Full-Time responsible charge
for one (1) or more Operators.
N. "Superintendent"
means the individual who is an Operator who is assigned the Full-Time
direct responsibility for the management, operation and maintenance
of an entire Wastewater Treatment Facility during all work shifts at
the facility and who shall hold a Certificate equal to the grade or
classification of the Wastewater Treatment Facility. It does not
apply to any official who does not work at the Wastewater Treatment
Facility as an Operator.
O. "Wastewater"
means used water delivered to a Wastewater Treatment Facility. From
the standpoint of source, it may be a combination of the liquid and
water-carried wastes from residences, commercial buildings,
industrial plants, and institutions, together with any groundwater,
surface water, and/or storm water that may be present.
P. "Wastewater treatment
facility" means an arrangement of devices and structures,
excluding septic tanks, constructed and installed for the purpose of
treatment of Wastewater from domestic, commercial or industrial
sources or combinations thereof, and which discharge its treated
effluent into any surface water. Privately owned Wastewater Treatment
Facilities that treat predominantly industrial wastes, or Wastewater
Treatment Facilities that have sub-surface disposal, shall be
excluded from the provisions of these Regulations.
5.5 Classification of Wastewater
Treatment Facilities
A. Each Wastewater Treatment
Facility in the State of Rhode Island subject to these regulations
shall be classified by the Board as Grade 1, 2, 3, or 4 based on the
complexity of the wastewater treatment facility, and the equivalent
population served. See Table I: Point Values for Classification of
Wastewater Treatment Facilities in § 5.16 of this Part.
B. Classification of any
treatment plant may be changed at the discretion of the Board by
reason of changes in any condition or circumstance on which the
original classification was predicated. Due notice of any such change
shall be given to the owner, Superintendent, and Assistant
Superintendent of the Wastewater Treatment Facility.
5.6 Operator Qualifications and
Classifications for Wastewater Treatment Facilities
A. Approved applicants shall
be examined by the Board as to education, experience, and knowledge
as related to the classification of plants. Applicants must pass the
required written examination.
B. In evaluating
qualifications of applicants, the Board will be guided by the
following:
1. Experience. Applicable
experience will be considered only for those duties performed at a
Wastewater Treatment Facility, as defined. Applicants must provide
all relevant information related to experience and current duties at
Wastewater Treatment Facilities on forms or applications provided by
the Board and/or Wastewater Treatment Facility, and/or another state
or commonwealth certification authority and attested to by the
applicant and the applicant’s supervisor(s). The Board will use
this information to assess levels of experience. Further evaluation
may also be based on the collection of other data, such as, but not
limited to, reports and inspections of the Department of
Environmental Management, or other agencies having appropriate
responsibilities for regulating Wastewater Treatment Facilities or
Operators.
a. Any past or current
employment in which Operator duties were or are performed at less
than thirty-five (35) hours per week will require additional
time-in-employment other than that listed in § 5.6(C) of this
Part to meet experiential qualifications for licensure. Any
additional time will be determined at the Board’s discretion.
b. Any Grade 1 or 2 Licensee
whose experience has been based exclusively on functions that were
not that of an Operator, such as but not limited to maintenance or
laboratory/plant sampling activities, cannot use said experience to
attain a position in Direct Responsible Charge.
2. Education. Applicable
education per the requirements of § 5.6(C) of this Part must be
from accredited institutions as determined by the Board. Applicants
will be randomly selected and audited for proof of claims of
education on any application. Such an audit will require the
applicant to provide copies of documents such as diplomas, GEDs, etc.
3. Where applicable, education
may be substituted for a portion of experience requirements as
specified below:
a. Ten (10) college-level
courses in physical or biological science, math, or engineering may
be considered as equivalent to a maximum of six (6) months of
experience as an Operator but shall not include experience
equivalency in any position of Direct Responsible Charge.
b. Ten (10) college-level
courses in business management or human resources may be considered
as equivalent to a maximum of six (6) months of experience in Direct
Responsible Charge but shall not include experience equivalency in
any position of as an Operator.
c. Education applied to the
experience requirement cannot also be applied to the education
requirement.
4. Substitutions for formal
education may be made at the Board’s discretion as follows:
a. Satisfactory completion of
applicable courses of study approved by the Board may be considered
as equivalent to passing the Grade 1 Operator Exam should the
successful completion of the course occur within two (2) years of
employment at a Rhode Island Wastewater Treatment Facility.
b. An acceptable high school
equivalency certificate may be used to substitute for a high school
diploma.
C. Four (4) grades of
Licensees are hereby established. All candidates for licensure must
at a minimum hold a high school diploma, or have attained a GED, and
meet the following grade-specific requirements:
1. Grade 1 – All
applicants for this grade must submit satisfactory evidence of the
completion of one (1) year employment in good standing at a
Wastewater Treatment Facility and:
a. A passing score on the
Grade 1 examination offered by the Board; or,
b. Successful completion of a
Board-approved training course within five (5) years prior to
application.
2. Grade 2 – All
applicants for this grade must pass a Grade 2 examination and must
submit satisfactory evidence of one (1) year of experience in
operations at a Wastewater Treatment Facility and a passing score on
the Grade 2 exam offered by the Board. An applicant does not need to
possess a full Grade 1 or a Grade 1 OIT to apply for the Grade 2
exam.
3. Grade 3 – All
applicants for a Grade 3 License must pass a Grade 3 examination.
Qualifications to sit for the Grade 3 exam include the possession of
a full Grade 2 License and the submission of satisfactory evidence of
either:
a. A Bachelor's or Master's
degree in science, engineering, or related fields and two (2) years
of employment In Good Standing in Direct Responsible Charge at a
Wastewater Treatment Facility of Grade 2 or higher; or,
b. Successful completion of a
two (2) year college curriculum, with the equivalent of one (1) full
year consisting of courses with a passing score in science,
engineering, or related fields; and four (4) years of employment as
an Operator In Good Standing, two (2) of which are to be in Direct
Responsible Charge at a Wastewater Treatment Facility of Grade 2 or
higher; or,
c. Possession of five (5)
years of employment as an Operator In Good Standing, of which three
(3) are in Direct Responsible Charge at a Wastewater Treatment
Facility of Grade 2 or higher.
4. Grade 4 – All
applicants for a Grade 4 License must pass a Grade 4 examination.
Qualifications to sit for the Grade 4 exam include the possession of
a full Grade 3 License and the submission of satisfactory evidence of
either:
a. A Bachelor's or Master's
degree in science, engineering, or related fields and three (3) years
of employment In Good Standing in Direct Responsible Charge at a
Wastewater Treatment Facility of Grade 3; or,
b. Successful completion of at
least two (2) years of college, the equivalent of one (1) full year
consisting of courses with a passing score in science, engineering,
or related fields; and five (5) years of employment as an Operator In
Good Standing, three (3) of which are Direct Responsible Charge at a
Wastewater Treatment Facility of Grade 3; or,
c. Possession of six (6) years
of employment as an Operator In Good Standing, of which three (3) are
in Direct Responsible Charge at a Wastewater Treatment Facility of
Grade 3 or higher.
D. Any individual employed
Full Time as either a Maintenance Technician or a Laboratory
Technician, while not required to become certified, may be allowed to
become certified with the following provisions:
1. Maintenance Technicians and
Laboratory Technicians may be allowed to become certified up to Grade
2 only unless they meet the requirements of § 5.10(G) of this
Part.
2. Any individual's experience
while employed as a Maintenance Technician or Laboratory Technician
cannot be considered for the operations experience requirements of
the Grade 3 or Grade 4 License.
3. Any Grade 1 or 2 License
that has been obtained exclusively through experience in
laboratory/plant sampling activities will not be eligible to meet the
licensure requirements for any subsequent operations position in
Direct Responsible Charge.
E. The following positions are
required to be certified as follows:
Position
Minimum
Grade
Superintendent
Grade
of the Wastewater Treatment Facility.
Assistant
Superintendent
Grade
of the Wastewater Treatment Facility.
Operations
Supervisor
One
grade less than the Wastewater Treatment Facility, or Grade 2,
whichever is higher.
Shift
Supervisor
Grade
2.
All Operators not otherwise
specified shall be required to have at least a Grade 1 Certificate.
5.7 Issuance of
Operator-in-Training Certificate
A. The Board may permit an
applicant for any grade to take an examination in a given grade, if
the individual has submitted evidence of education and experience
satisfactory to the Board for the purpose of becoming an
"operator-in-training" (“OIT”). OIT
Certificates may be valid for up to a maximum of three (3) to five
(5) years, as enumerated below.
B. Individuals who passed the
Grade 3 exam under § 5.10(F) of this Part will be issued a Grade
3 OIT license should they enter a position in Rhode Island as an
Operator in Direct Responsible Charge and meet all other
qualifications. The length of the OIT will be a maximum of three (3)
years unless a lesser amount is needed to attain the requisite amount
of experience in Direct Responsible Charge.
C. Individuals who passed the
Grade 3 exam under § 5.10(G) of this Part will be issued a Grade
3 OIT license should they enter a position in Rhode Island as an
Operator and meet all other qualifications. The length of the OIT
will be a maximum of five (5) years unless a lesser amount is needed
to attain the requisite amount of operations experience.
D. A holder of an OIT
Certificate may, with the consent of the Board, be allowed in certain
circumstances to operate a treatment facility of his examined grade
on a temporary basis until his/her experience requirements are met.
5.8 Issuance of a Provisional
Certificate
A. A non-renewable six (6)
month provisional Certificate may be issued to a Superintendent or
Assistant Superintendent, Operations Supervisor, or Shift Supervisor
only in specific instances:
1. Where the Board deems
necessary, and;
2. Where the Board is
satisfied that such an individual is able to meet all requirements of
a particular grade including, but not limited, to experience and
education.
5.9 Applications
A. Any individual desiring to
be certified shall file an application with the Board not less than
thirty (30) days before the date of the examination, on an
application form provided by the Board.
B. The application for initial
Rhode Island licensure shall be accompanied by a fee of ten dollars
($10.00). Once certified in Rhode Island, subsequent applications for
higher License shall be accompanied by a fee of five dollars ($5.00).
The bi-annual renewal fee will be ten dollars ($10.00). A
technology/processing fee may be added to said application and
renewal fees should an online payment method be used.
C. The Board shall review
applications and supporting documents, determine the eligibility of
the applicant for examination and notify the applicant of the same.
D. The application fee will
not be returned should the application be denied or upon failure to
pass the examination.
5.10 Examinations
A. The Board shall prepare
written examinations to be used in determining knowledge, ability and
judgment of the operators.
B. Examinations shall be held
at least twice annually at a place and time set by the Board.
Notification of examination shall be posted at least sixty (60) days
in advance of the examination date.
C. Except in such cases as the
Board may decide, all examinations shall be written. All examinations
shall be graded by the Board or by its designees, and the applicant
shall be notified of the outcome in writing. Papers used in the
examination will not be returned to the applicant, but the results
may be reviewed with a member of the Board, or its designee, upon
request by the applicant up to thirty (30) days after notification of
the results.
D. The Board will grade all
exams with a minimum passing score of seventy percent (70%). No
examination will be scaled.
E. Applicants who fail to pass
an examination may apply to be re-examined at a regularly scheduled
examination.
F. A Grade 2 Operator meeting
all of the requirements of the Grade 3 examination except being in
Direct Responsible Charge may apply to take the Grade 3 examination.
1. If the application is
approved by the Board and the individual passes the Grade 3 exam,
that person would receive a notice of passing valid either for a
period of five (5) years from the examination date should the person
maintain licensure at the Tier One Level or indefinitely should (and
while) the person maintain licensure at the Tier Two Level, provided
that each renewal period at the Tier Two Level include within the
required twenty (20) hours of training a minimum of five (5) hours in
employee management and/or labor relations.
2. If that individual secures
a position of Direct Responsible Charge at a Wastewater Treatment
Facility during the period of validity (whether five (5) years from
the date of passing for a person maintaining a Tier One Level License
or indefinitely for a person maintaining a Tier Two Level), he/she
would not be required to take the examination to be eligible for an
OIT Certificate. (See § 5.11(B)(4) of this Part for information
on renewal tiers).
G. A Grade 2 licensee
currently employed as a Maintenance Technician or Laboratory
Technician in a full-time supervisory role of one (1) or more
Maintenance Technicians or Laboratory Technicians, respectively, may
apply to take the Grade 3 examination should said supervisory
experience total a minimum of three (3) years.
1. Should the Board approve
the application for Grade 3 examination, a passing score of the exam
would be valid for five (5) years from the examination date should
the person maintain licensure at the Tier One Level or indefinitely
should (and while) the person maintains licensure at the Tier Two
Level, provided that each renewal period at the Tier Two Level
include the required twenty (20) hours of Board approved training, of
which a minimum of five (5) hours must be in topics related to
employee management and/or labor relations.
2. Should the individual
attain a position as an Operator within said period of a valid Grade
3 exam passing score, as described above, the Board may then grant a
Grade 3 OIT until such time as all other remaining operations
qualifications are met, per § 5.7 of this Part. Past experience
as an Operator may be counted toward the required time as an
Operator.
H. Individuals not employed at
an approved Wastewater Treatment Facility in the State of Rhode
Island shall not be allowed to sit for examination.
I. Licensees may review exams
per written notification from the Board during a specified time after
each exam. Licensees may review the Grades 1 and 2 up to two (2)
times in total. Licensees may review the Grade 3 once. No reviews
will be granted for the Grade 4 exam.
5.11 Certification
A. Upon satisfactory
fulfillment by an applicant of the provisions of the rules and
regulations adopted by the Board, the Board shall issue a suitable
Certificate designating competency. This two (2 ) year Certificate
shall expire at the end of every other calendar year and may be
renewed thereafter for additional two (2) year periods. The
Certificate shall indicate the grade of treatment facility for which
the operator is qualified. The Certificates for Superintendent and
Assistant Superintendents shall be prominently displayed in the
office of the Wastewater Treatment Facility.
B. A newly issued Certificate
shall expire at the end of odd-numbered calendar years and may be
renewed for additional two (2) year periods thereafter.
1. Licensees who are no longer
employed at a Rhode Island Wastewater Treatment Facility may continue
to renew their Certificate.
2. Licensees will be notified
at their address of record as to the expiration of their Certificate,
and the necessity to renew. All renewals and payments must be
received by December 31 st of the year of expiration.
a. The license of any
individual who does not apply for renewal by December 31 st
of every odd-numbered calendar year will expire. However, the Board
will send a second (2 nd ) notice to the licensee by
Certified Mail stating the individual has until February 15 th
(or the following business day) to apply for renewal and pay a late
fee of twenty-five dollars ($25.00) in addition to the renewal fee. A
copy of the second (2 nd ) notice will be sent to the
Operator’s Superintendent if the Licensee is employed at a
Rhode Island Wastewater Treatment Facility.
b. If a Licensee does not
renew by February 15 th and pay the renewal fee and the
twenty-five dollar ($25.00) late fee, the expiration of said License
will remain permanently in effect. Once an individual’s License
is permanently expired, said individual will no longer be able to
work as an operator at a Wastewater Treatment Facility in the State
of Rhode Island.
c. Should the Board be unable
to contact a Licensee whose address of record has changed and no
forwarding address is available, and if that Licensee is no longer
working at a Wastewater Treatment Facility in Rhode Island, the Board
will make no further attempt at notification regarding licensure
expiration.
d. Re-certification will be
through examination only.
3. Should the Board determine
that a substantial number of acceptable training courses are
available to all grades of Rhode Island Licensees, then the Board may
institute a Mandatory Retraining for Renewal (MRR) requirement which
will operate with the following guidelines:
a. The Board must notify
Licensees, within ninety (90) days of the close of a two (2) year
licensure period that the MRR is presently in effect. Hence, in order
to renew an Operator License for the next renewal date (i.e., in
approximately two (2) years) a minimum amount of training will be
required.
b. All Licensees must
satisfactorily attain twenty (20) hours of acceptable training within
the two (2) year period.
c. Training hours, to be
considered acceptable and to be applied to a Licensee's training
hours, must be achieved from a course, seminar, or other curriculum
which has been approved by the Board. Any course, seminar or
curriculum will be reviewed by the Board or its designees for
purposes of granting prior approval.
d. The Licensee is responsible
for ensuring that a course, seminar or other curriculum is approved
by the Board, and that those hours with that course can be accredited
to the Operator's training requirements.
e. The burden of proof lies
with the Licensee to satisfy the Board that any course, seminar, or
other curriculum not previously approved by the Board meets Board
criteria and should be approved for credit.
f. The Board is not
responsible for notifying Licensees of their individual status and/or
the number of credited hours which they have attained. Additionally,
it is ultimately the individual Licensee's responsibility to inform
the Board of any training hours to be applied to their training
hours.
g. At the close of the two (2)
year renewal period, the Board will determine if each Licensee has
been credited with the required hours of acceptable training.
h. If a Licensee has not
acquired the required hours, as specified above, then the License
will not be renewed and the License will then be invalid. With an
invalid License, the individual will not be able to work as an
Operator at a Wastewater Treatment Facility in the State of Rhode
Island. Recertification will be by examination only.
4. At the time of License
renewal, a Licensee may choose to renew their License in either one
(1) or the other of two (2) licensure tiers: Tier One is reserved for
renewals without participation in optional training protocols; Tier
Two renewal will include documentation that the Licensee has, at
their own discretion, met particular training requirements,
enumerated below.
a. Renewal in Tier One will
result in standard Grade 1, Grade 2, Grade 3, or Grade 4 licensure
levels; Tier Two renewals will result in a Grade 1T, Grade 2T, Grade
3T, or Grade 4T. No matter what Tier the Licensee holds, the Licensee
can then choose during that renewal period to participate in the
requisite training so that subsequent renewal may be achieved at the
Tier Two level.
b. For the purposes of these
Regulations, participation in the Tier Two level is optional.
c. Both Tiers will meet the
intent of statutory and regulatory Wastewater Operator licensure
requirements.
d. To participate in Tier Two
licensure renewal, the Licensee must submit adequate documentation at
the time of renewal of the successful completion of training per the
following:
(1) Operators seeking to
participate in the Tier Two licensure renewal status must attain
twenty (20) training hours during the prior renewal period.
(2) To be credited toward the
required amount of twenty (20) hours, a training event/program must
be approved by the Board.
(3) Approved training may
include professional conferences, classroom training, and in-house
training programs or active participation in the Narragansett Water
Pollution Control Association’s Operator Challenge Team.
(4) Applicable training is
intended to be in topics that are not required for the performance of
an Operator’s required duties, however the Board will accept
requests for approval for any training opportunity. The Board holds
the final authority as to the applicability of a particular training
course for use by an individual operator. Training required by the
licensee’s employer as a condition of employment will not be
applicable to meet the intent of this provision.
(5) Unless otherwise requested
at the time of renewal application, Licenses will be renewed at the
Tier One level.
(6) Random audits will examine
the validity of submitted information for Tier Two renewal; a
determination that false or misleading information has been submitted
regarding training contact hours may result in the revocation of the
License.
(7) The Board reserves the
right to rescind a prior approval of a training course and remove any
hours from an operator’s total training hours that were gained
through that course.
C. As a condition of
certification, Licensees are responsible for informing the Board in
writing as to a change of address or a change in employment status.
Said notification must be within thirty (30) calendar days of said
change.
D. Superintendents of a
facility are responsible for notifying the Board when their facility
hires a new operator. Said notification must be within thirty (30)
calendar days of the hiring and must include the operator's full
name, address, social security number and starting date.
E. Should a facility be
upgraded or reclassified, all positions in Direct Responsible Charge
must attain through examination (or, if so qualified, equivalency)
the required certification levels per §§ 5.6(E) and 5.6(F)
of this Part prior to the initiation of operations or start-up
procedures for the facility.
F. Certificates may be issued,
upon application, without examination, in a comparable classification
to any individual who holds a Certificate issued by any State,
recognized by the Association of Boards of Certification, if in the
judgment of the Board, the requirements for certification of
Operators under which such individual's Certificate was issued are
equivalent to the requirements of these Regulations.
1. A Certificate issued under
the provisions of this sub-rule is valid at any Wastewater Treatment
Facility.
2. In order for an applicant
to obtain a Rhode Island Grade 4 Wastewater Treatment Facility
Operator’s License on the basis of the applicant’s
possession of an Operator’s License issued by another
recognized certifying authority, the applicant must also demonstrate
the following to the satisfaction of the Board:
a. That the applicant provides
valid evidence that he/she is employed or has been accepted for
employment as an Assistant Superintendent or a Superintendent at a
Grade 4 Wastewater Treatment Facility in the state of Rhode Island;
and,
b. That his/her past or
current employment as an equivalent Grade 4 Operator at an equivalent
Grade 4 Wastewater Treatment Facility, as determined by the Board,
located in the State which issued the equivalent Grade 4 Wastewater
Treatment Facility operator’s License must have terminated no
earlier than one (1) year prior to the filing of his/her application
with the Board and completed his/her service In Good Standing.
G. Certificates issued without
examination to those Operators so employed as of June 30, 1979 shall
be valid only in that facility at which the Operator was employed at
the time of certification.
5.12 Revocation of Certificates
A. The Board may suspend or
revoke the Certificate of an Operator, Laboratory Technician or
Maintenance Technician when it finds that he/she performed his/her
duties in a negligent manner that produced an effluent below the
standards normal for the particular facility operated; or that he/she
has practiced fraud or deception; or that reasonable care, judgment
or the application of his/her knowledge or ability was not used in
the performance of his/her duties; or that an individual is
incompetent or unable to perform his/her duties properly. In
determining when such action(s) may be necessary, the Board may use
Table III as a reference for suggested levels of action.
B. Before the Board may
institute proceedings to suspend or revoke a Certificate, it will
send notice, by certified mail to the individual whose Certificate is
being considered for suspension or revocation, of the facts or
conduct which warrant the intended action. The notice shall afford
the individual thirty (30) days from receipt of the notice to submit
a written response or request a meeting before the Board to show
compliance with all lawful requirements for the retention of the
Certificate. If the Certificate holder fails to submit a written
response or request a meeting before the Board to show compliance
within thirty (30) days of the receipt of said notice or fails to
show cause why the Certificate should not be revoked, the Board may
revoke the Certificate in accordance with these Regulations, R.I.
Gen. Laws Chapters 42-17.4 through 42-17.8, and R.I. Gen. Laws
Chapter 42-35. The notice of revocation shall be mailed by certified
mail to the Certificate holder.
C. If the Board finds that
public health, safety, or welfare imperatively requires emergency
action, and incorporates a finding to that effect in its order,
summary suspension of a Certificate may be ordered pending
proceedings for revocation. These proceedings shall be promptly
instituted and determined.
D. The Certificate holder may
request a hearing on the suspension or revocation of the Certificate
with the Board. The request for hearing must be received by the Board
within thirty (30) days of the date of receipt of the notice of
suspension or revocation. The hearing shall comply with the
requirements of R.I. Gen. Laws § 42-35-9. Appeal from the final
decision of the Board may be made as provided under R.I. Gen. Laws
Chapter 42-35.
5.13 Penalty for Violations
Pursuant to R.I. Gen. Laws
Chapters 42-17.4 through 42-17.10, any person who shall be found
guilty of violations of any of the provisions of the Rules and
Regulations for Wastewater Treatment Facility Operators shall be
punished by a fine of not more than five hundred dollars ($500.00) or
by imprisonment for not more than thirty (30) days, or by both fine
and imprisonment, and every person shall be deemed guilty of a
separate and distinct offense for each day during which the violation
is repeated or continued.
5.14 Table
I – Classification of Wastewater Treatment Facilities –
Point Values
5.15 Table
II – Wastewater Treatment Plant Classification – Variable
Point Guide
5.16 Table
III – Guidelines for Licensure Enforcement