NOTICE OF PUBLIC RULEMAKING HEARING
BEFORE THE
WATER AND WASTEWATER FACILITY OPERATORS CERTIFICATION BOARD

SUBJECT:

For consideration of proposed revisions to Regulation No. 100, “Water and Wastewater Facility Operators Certification Requirements” (5 CCR 1003-2) as follows:

1.	Revisions to sections 100.7, 100.9, 100.14 and 100.21 to add an additional certification level for water distribution and wastewater collection systems and operators.
2.	Revisions to subsections 100.9.2 and 100.9.3 to clarify the provisions regarding the substitution of experience and training for a high school diploma or GED.
3.	Revisions to subsection 100.12.1 to clarify the Board’s intent regarding technically oriented programs and courses used as an education substitute for experience.  (See note below.)
4.	Revisions to section 100.22 to revise the current examination and administration fees, and to establish a new program fee to cover the cost of replacing certification documentation.
5.	Deletion of duplicative language, in section 100.13.8.

A copy of proposed revisions, along with a proposed Statement of Basis, Specific Statutory Authority and Purpose, is attached to this notice as Exhibit 1.

Please note that with respect to the proposed revisions to subsection 100.12.1 regarding “technically oriented” programs and courses, the Board welcomes and will consider in this rulemaking other proposals regarding the appropriate provisions concerning substitution of education for experience requirements.

HEARING SCHEDULE:

DATE:		Tuesday, April 24, 2007
TIME:		9:30 a.m.         
PLACE:	Sabin Room
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado

WRITTEN AND ORAL COMMENTS:

The Operators Certification Board encourages all interested persons to provide their opinions or recommendations regarding the matters to be addressed in this rulemaking hearing.  Oral comments on the proposed rule will be 

received at the hearing.  Depending on the number of people wishing to speak, a time limit for oral comments may be established. 

In order to enhance the Board members’ ability to review and consider public comments on the proposal, the submission of written comments in advance of the hearing is strongly encouraged.  Written comments are due in the Board Office by April 11, 2007.  The Board requests that 20 copies of all written statements be submitted.  Anyone for whom the expense of providing these copies presents an economic hardship should contact the Board Office to make alternative arrangements.  This will provide an opportunity for comments to be distributed to and reviewed by Board members prior to the hearing.

SPECIFIC STATUTORY AUTHORITY:

The provisions of C.R.S. 25-9-101 through 25-9-110 provide the specific statutory authority for consideration of the regulatory provisions proposed by this notice.  Should the Operators Certification Board adopt the regulatory language as proposed in this notice or alternative provisions, it will also adopt, in compliance with section 24-4-103(4) C.R.S., an appropriate Statement of Basis, Specific Statutory Authority, and Purpose.

Dated this 14th day of February 2007 at Denver, Colorado.

	WATER AND WASTEWATER FACILITY OPERATORS CERTIFICATION BOARD

	
	____________________________________
	Paul D. Frohardt, Administrator
EXHIBIT 1
PROPOSED RULEMAKING FOR APRIL 24, 2007 BEFORE THE 
WATER AND WASTEWATER FACILITY OPERATORS CERTIFICATION BOARD

100.7	WATER DISTRIBUTION SYSTEM CLASSIFICATION
100.7.1	Water distribution systems shall be classified by the Division in accordance with the following five six classes: Transient Non-community Water System, Small Water System, Class 1, Class 2, Class 3, or Class 3 4.  Small Water Systems are described in section 100.19.1(a).  Transient Non-community Water Systems are described in section 100.19.2.  For the other classifications, Class 3 4 is the highest level of classification and Class 1 is the lowest level of Cclassification.  The Division may make changes in classification in accordance with the needs created by particular complexities of any specific water distribution system based on consideration of system specific factors, including, but not limited to:
(a)	unusual factors affecting the complexity of transmission, mixing of sources, or potential public health hazards;
(b)	size and/or length of the system’s water mains;
(c)	whether or not there are automatic control valves, including but not limited to, pressure reducing or altitude valves;
(d)	number and/or size and/or types of meters;
(e)	existence of storage tanks in the system;
(f)	existence of multiple pressure zones;
(g)	maximum pressure in the system;
(h)	existence of booster stations;
(i)	number of service connections; or
(j)	quantity of water distributed.
100.7.2	WATER DISTRIBUTION SYSTEM CLASSIFICATION TABLE
The Small Water System classification is addressed separately in section 100.19.1 and the Transient Non-community Water System classification is addressed separately in section 100.19.2.  For all other distribution systems:

CLASS	POPULATION SERVED
	
Class 1
	3,300  or  Less	
Class 2
	3,301  -  25,000	
Class 3 	Over 25,000  25,001 – 100,000	
Class 4
	Over 100,000	
100.7.3	The classification of any water distribution system may be changed at the discretion of the Division by reason of changes in any condition or circumstances on which the classification was predicated.
100.7.4	Section 100.7 only applies to distribution systems that serve a public water system.
100.8	WASTEWATER COLLECTION SYSTEM CLASSIFICATION
100.8.1	Wastewater collection systems shall be classified by the Division in accordance with the following four five classes: Small Wastewater System, Class 1, Class 2, Class 3, or Class 3 4.  Small Wastewater Systems are described in section 100.19.1(b).  For the other classifications, Class 3 4 is the highest level of classification and Class 1 is the lowest level of classification.  Except that the Division may make changes in classification in accordance with the needs created by particular complexities of any specific wastewater collection system based on consideration of facility specific factors, including, but not limited to:
(a)	any unusual factors affecting the complexity of collection;
(b)	whether there is the potential for mixing of sources; or
(c)	the presence of any potential public health hazards.
CLASS	POPULATION SERVED	
Class 1	3,300  or Less	
Class 2	3,301  -  25,000	
Class 3	Over 25,000 25,001 – 100,000	
Class 4	Over 100,000	
100.8.2	The classification of any wastewater collection system may be changed at the discretion of the Division by reason of changes in any condition or circumstances on which the classification was predicated.
100.9	QUALIFICATIONS AND CLASSIFICATIONS FOR CERTIFICATION OF OPERATORS
100.9.1(a)	Operators certified under the previous system of classification and certification, including distribution and collection system operators who passed the voluntary examination, shall be deemed compliant with this provision and fully capable of operating facilities as described herein.
(b)	Operators holding Class 3 water distribution or wastewater collection certifications issued prior to January 1, 2008, shall be deemed to have met the requirements for the Class 4 certification and shall be issued Class 4 certifications.
100.9.2	Applicants shall be examined by the Board or its designee as to education, experience, and knowledge related to the classification level for which the applicant seeks to be certified.  Applicants must have a high school diploma, or a general equivalency diploma (GED) or equivalent skills.
100.9.3	Experience and/or relevant training may substitute for a high school diploma or GED.  Applicants substituting experience and relevant training for the high school diploma or GED shall have an additional six months of qualifying experience and shall demonstrate the completion of 1.0 training units in a course approved as a substitute for entry-level experience requirements. if the Board or its designee finds, on a case-by-case basis, that the applicant demonstrates the reading, writing and comprehension skills necessary to protect the public health and otherwise meets the requirements of this regulation.
100.9.4	Once specific experience or relevant training is credited toward the satisfaction of either the experience or education requirements of this section, that same experience and/or training may not be further credited to meet other requirements of this section.  
* * *
100.9.7	EXPERIENCE REQUIREMENTS FOR OPERATORS TABLE

Classification of Water or Wastewater Facility Operator	Minimum Experience Required	
Class D	1 Month	
Class C	2 Years	
Class B	3 Years	
Class A	4 Years	
Classification of Distribution or Collection System Operator	Minimum Experience Required	
Class 1	1 Month	
Class 2	2 Years	
Class 3	3 Years	
Class 4	4 Years	
* * *
100.12	EDUCATION AND CROSS EXPERIENCE SUBSTITUTED FOR EXPERIENCE REQUIREMENTS
100.12.1	Substitution of education for experience requirements:
* * *
(b)	Credit for satisfactorily completing structured programs of study, approved by the Board or its designee, in a degree or certificate granting educational institution or equivalent may be given for programs that are technically oriented, including but not limited to the fields of chemistry, physics, engineering, mathematics, biology, water and wastewater treatment processes as specified below.  Experience credit shall be granted based upon the number of academic years required to complete the program, in accordance with subsection 100.12.1(a).
(i)	The following programs, which the Board has determined are directly relevant to the operation of water and wastewater facilities, may be used as a substitute for up to fifty percent of the experience requirement:  environmental engineering, civil engineering, water and wastewater treatment [list to be supplemented based on input in the rulemaking hearing].
(ii)	Other technically oriented programs that require substantial quantitative skills, including but not limited to chemistry, physics, engineering, mathematics, biology, hydraulics, and geographical information systems may be used as a substitute for up to twenty-five percent of the experience requirement.
(c)	In instances where an approved degree or certificate program has not been completed, credit shall be granted for the completion of individual technically oriented courses completed, as follows, including but not limited to the fields of chemistry, physics, engineering, mathematics, biology, water and wastewater treatment processes, in accordance with subsection 100.12.1(a).
(i)	Courses that the Board determines are directly relevant to the operation of water and wastewater facilities may be used as a substitute for up to fifty percent of the experience requirement.  Directly relevant courses shall include, but not be limited to:
(A)	operation and maintenance of facility mechanical systems, electrical equipment or hydraulics;
(B)	physical treatment, chemical treatment, biological treatment;
(C)	physical testing, chemical testing, biological testing or disinfection; and
(D)	regulatory compliance.
(ii)	Other technically oriented courses that require substantial quantitative skills, including but not limited to chemistry, physics, engineering, mathematics, biology, hydraulics, and geographical information systems may be used as a substitute for up to twenty-five percent of the experience requirement.
* * *
100.13	CERTIFICATES
* * *
100.13. 7	Reciprocity--Certificates may be issued by the Board or its designee, without examination, on a case-by-case basis, to persons in a comparable classification who have passed an adequate written examination and who hold a valid certificate in another state, territory or possession of the United States or any country provided the requirements for certification of operators under which the person’s certificate was issued do not conflict with the provisions of Article 9 of Title 25, C.R.S., and are of a standard not lower than that specified by these regulations.
100.13.8	Reciprocity--Certificates may be issued by the Board or its designee, without examination, on a case-by-case basis, to persons in a comparable classification who have passed an adequate written examination and who hold a valid certificate in another state, territory or possession of the United States or any country provided the requirements for certification of operators under which the person’s certificate was issued do not conflict with the provisions of Article 9 of Title 25, C.R.S., and are of a standard not lower than that specified by these regulations.
* * *
100.14	TRAINING UNIT REQUIREMENTS FOR RENEWAL OF CERTIFICATION
* * *
100.14.2	Operators seeking renewal of their certificates shall meet the following training unit requirements:
(a)	Class A water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 3 training units.
(b)	Class B water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 2.4 training units.
(c)	Class C water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators – 1.8 training units.
(d)	Class D water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators – 1.2 training units.
(e)	Class 4 water distribution and wastewater collection system operators - 3 training units.
(e)(f)	Class 3 water distribution and wastewater collection system operators – 3  2.4 training units.
(f)(g)	Class 2 water distribution and wastewater collection system operators - 2 training units.
(g)(h)	Class 1 water distribution and wastewater collection system operators - 1.2 training units.
(h)(i)	Small water system operators – 1.8 training units.
(j)(j)	Small wastewater system operators – 1.8 training units.
(k)	Transient non-community water system operators – 1.2 training units.
100.14.3	Ten contact hours shall be required to equal one training unit.  A “contact hour” means a classroom or supervised hour of attendance or hour of participation recognized by the Board as a training unit in accordance with section 100.15.
* * *
100.21	RESPONSIBILITIES OF WATER AND WASTEWATER FACILITY OWNERS
* * *
100.21.5 	Each water and wastewater facility shall have an operator in responsible charge certified as shown in the following table:

Facility or System Classification	Classification of Operator(s) in Responsible Charge	
Water Systems 	 	
Water Treatment	 	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, or D	
Small Water System	Small Water System; D and 1; or any higher-level water treatment and water distribution certifications	
Transient Non-Community	A, B, C, D, Small Water System, or Transient Non-Community	
Water Distribution	 	
4	4	
3	4 or 3	
2	4, 3 or 2	
1	4, 3, 2, or 1	
Domestic Wastewater Systems	 	
Wastewater Treatment	 	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, or D	
Small Wastewater System	Small Wastewater System; D and 1; or any higher-level wastewater treatment and wastewater collection certifications	
Wastewater Collection	 	
4	4	
3	4 or 3	
2	4, 3 or 2	
1	4, 3, 2, or 1	
Industrial Wastewater Systems	 	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, or D	
* * *
100.22	FEES
100.22.1 	Application fees for certification, renewal of certification, and issuance of a certificate upon a Board finding of reciprocity shall be $15, and shall be nonrefundable.
100.22.2	Program fees shall consist of examination fees and administration fees the following:.
(a)	Examination fees in the amount of $35.00 $45.00 will be charged for each examination the applicant signs up to take.  Examination fees are based on the cost of preparing, administering, and scoring the certification examination.
(b)	Administration fees will be charged upon issuance of all new and renewal certifications and will be based on the cost of administering the operator certification program.  Administration fees shall be:
(i)	$50.00 $55.00 for each new certification by examination; and
(ii)	$60.00 $70.00 for each renewal certification and each new certification by reciprocity. 
(c)        There shall be a $20.00 fee to cover the cost of replacing certification documentation.
(c)(d)	Training unit approval fees shall be $50.00 for each course submitted for review, except that: …

PROPOSED
100.44	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: APRIL 24, 2007 RULEMAKING
The provisions of sections 25-9-104 and 25-9-108, C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2). The Board also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
Subsections 100.9.2 and 100.9.3.  It is the intention of the Board to reflect the intent of the Environmental Protection Agency (EPA) regarding the substitution of education and/or experience for the general prerequisite that a high school diploma or general equivalency diploma (GED) be held by all candidates for certification.  EPA intends that candidates not meeting this prerequisite have education and/or experience beyond that which is required of other candidates.  The Board has amended subsections 100.9.2 and 100.9.3 to clarify that (1) the GED is the only automatically acceptable alternative to a high school diploma and that (2) for candidates lacking a high school diploma or GED, there will be an additional experience and education requirement in order to qualify for examination.  The choice of a six month period of additional experience is intended to reflect the experience equivalent of a full semester of academic credit as described in section 100.12.1(a) of this regulation.
Subsections 100.12.1(b) and 100.12.1(c).  The Board has revised the provisions of Regulation No. 100 regarding substitution of education for experience.  For a number of years there has been a debate regarding what courses or programs fit within the “technically oriented” language of this subsection.  In particular, there were differing opinions regarding whether courses or programs must be directly related to the operation of water and wastewater facilities to get credit.  The Board has now revised this provision to establish a two-tier system for credit for education as a substitute for experience.  Courses or programs that the Board determines are directly relevant to the operation of water or wastewater facilities will be allowed to substitute for up to fifty percent of the experience requirement.  Programs that the Board considers to be “directly relevant” are listed in the regulation.  Individual courses will be reviewed on a case-by-case basis to determine whether the “directly relevant” requirement is met, with the list of directly relevant programs used as a guide.  
Other technically oriented programs and courses that require substantial quantitative skills will be allowed to substitute for up to twenty-five percent of the experience requirement.  While the Board believes that some substitution credit should be given for such programs and courses because of the importance of quantitative skills to water and wastewater facility operation, the Board has concluded that such programs and courses should not receive the same amount of substitution credit as those directly relevant to such facility operation.
Subsection 100.13.8.  This section is deleted as duplicative of subsection 100.13.7.
Subsection 100.22.2.  The Board has revised subsection 100.22.2 to modify the examination and administration fees. The previous $35.00 examination fee is inadequate to cover the actual cost of certification exams provided by ABC, including preparation and administration of those exams. Additionally, the previous administration fee of $50.00 is inadequate to cover the costs incurred in maintaining the database of operators, issuing and mailing certificates and other correspondence. The Board agrees with the CECTI and Certification Council proposal that it is more appropriate to increase the examination fee (to $45.00) and to increase the administration fee (to $55.00) for those obtaining a new certification by examination. The net result will be an increase of $15.00 in total fees for those passing a certification examination to obtain a new certification at a higher level. Those who take an examination and fail will incur a $10.00 increase.
The Board also agrees that it is appropriate to increase the administration fees at this time for those obtaining renewal certifications or certification by reciprocity from $60.00 to $70.00 to cover administrative costs.  The Board also determined that it is appropriate to add a $20.00 fee to cover the cost of providing replacement certification documentation.
Water Distribution and Wastewater Collection Classifications
A.	Operator Certification Levels
The Board has revised subsection 100.9.7 to include a level 3 certification requiring 3 years experience.  Further, the Board has agreed to recognize current Class 3 operators as Class 4 operators and authorizes the issuance of operator certificates reflecting Class 4 certification.  The Board has determined that this is appropriate, based on the four-year experience requirement previously in place for Class 3 operators and based on the content of the previous Class 3 examinations.
B.	System Classifications
The Board has revised subsections 100.7.2 and 100.8.1 to modify the current Water Distribution and Wastewater Collection Systems classification tables to address the complexity of very large systems. Class 3 systems will be changed from serving populations greater than 25,000 to serving populations from 25, 001 to 100,000. The Board has added a Class 4 classification that serves populations greater than 100,000. 
Corresponding revisions have been adopted for sections 100.14 and 100.21.