Ariz. Admin. Code § R18-9-B804 - Advanced Water Purification Operator Certification
A. Definitions. In addition to the
definitions for this Article, the following terms apply to this section:
1. "Advanced Water Purification Responsible
Agency administrator" or "AWPRA administrator" means an individual appointed or
authorized to exercise managerial control over a designated AWP
project.
2. "Advanced Water
Purification certified operator" or "AWP operator" means an individual who has
passed the AWP validated examination, meets the advanced water treatment
qualifying experience requirements of this section, and holds a current
certificate, issued by the Department, in either:
a. The field of drinking water treatment with
at least a Grade 3 or Grade 4 drinking water treatment certification;
or
b. The field of wastewater
treatment with at least a Grade 3 or Grade 4 wastewater treatment
certification.
3.
"Advanced water treatment qualifying experience" means at least one year of
hands-on experience in the operation of a minimum of three advanced water
treatment processes, all within a single advanced water treatment
train.
4. "AWP validated
examination" means an examination that is approved by the Department after
being reviewed to ensure that the examination is based on the knowledge,
skills, and abilities needed to operate an AWTF.
5. "Direct responsible charge" means an AWP
operator who has overall responsibility for the day-to-day, hands-on operation
of an AWTF.
6. "Direct responsible
charge proxy" or "proxy" means an AWP shift operator who is designated by, and
acts on behalf of, the operator in direct responsible charge when the operator
in direct responsible charge is not onsite.
7. "AWPRA facility" or "facility" means a
drinking water treatment facility, AWTF, collection system, or wastewater
treatment plant involved in the production of advanced treated water.
8. "Onsite" means physically present at any
AWPRA facility where a critical control point is operated and any AWPRA
facility assigned treatment credits.
9. "Professional development hour" means one
hour of participation in an organized educational activity related to
engineering, biological or chemical sciences, a closely related technical or
scientific discipline, or operations management.
10. "Qualifying experience" means experience,
skill, or knowledge obtained through employment that is applicable to the
technical or operational control of all or part of a facility (A.A.C.
R18-5-101).
11. "Shift operator" means an AWP operator
who is in direct charge of the operation of a treatment facility for a
specified period of the day and must be present at the site during the duration
of the shift.
12. "Shift" means an
eight-hour period of time in one day.
B. Applicability. The rules in this
subsection apply to owners and operators of AWPRA facilities in
Arizona.
C. Certification
Committee.
1. Upon the effective date of this
rule, the Director shall establish a certification committee which may, at the
Department's request, make recommendations and provide the Department with
technical advice and assistance related to the AWP operator
certification.
2. The AWP operator
certification committee shall consist of eleven members, appointed by the
Director as follows:
a. An employee of the
Department who shall serve as the executive secretary and who is responsible
for maintaining records of all meetings,
b. A currently employed operator with both
Grade 4 water treatment certification and AWP operator certification,
c. A currently employed operator with both
Grade 3 water treatment certification and AWP operator certification,
d. A currently employed operator with both
Grade 4 wastewater treatment certification and AWP operator
certification,
e. A currently
employed operator with both Grade 3 wastewater treatment certification and AWP
operator certification,
f. A
currently employed wastewater collection system operator with Grade 4
certification,
g. A currently
employed water distribution system operator with Grade 4
certification,
h. A faculty member
teaching environmental engineering in the water or wastewater fields at an
Arizona university or community college,
i. A professional engineer, registered and
residing in Arizona, engaged in consulting in the field of environmental
engineering,
j. An elected or
appointed municipal official,
k. A
representative of a wastewater treatment facility with a design flow of greater
than 5 million gallons per day (MGD) and which participates in the National
Pretreatment Program, and
l. A
representative of a wastewater treatment facility with a design flow of less
than 5 MGD, which is not a participant in the National Pretreatment
Program.
3. The
certification committee shall meet at least twice a year. At the first meeting
of each calendar year, the certification committee shall select, from among its
members, a chairperson and other officers as necessary.
4. A certification committee member shall
serve a term of three years.
5. A
certification committee member may be reappointed, but a member shall not serve
more than three consecutive terms.
6. A meeting quorum consists of the
chairperson or the chairperson's designated representative, the executive
secretary or the executive secretary's designated representative, and three
other members of the committee.
7.
In the event of a vacancy caused by death, resignation, or removal for cause,
the Director shall appoint a successor for the unexpired term.
D. General Requirements.
1. An AWPRA shall ensure all of the
following:
a. All facilities receiving
treatment credit pursuant to R18-9-E828 are operated by AWP
operators,
b. All facilities
receiving treatment credit pursuant to R18-9-E828 have a full-time operator in
direct responsible charge onsite for at least two full shifts per day,
c. All facilities receiving
treatment credit pursuant to R18-9-E828 have an operator in direct responsible
charge, or their proxy, onsite at all times during operation,
d. When any facilities receiving treatment
credit pursuant to R18-9-E828 is operated by a direct responsible charge proxy,
an operator in direct responsible charge must be reasonably available to
provide immediate direction telephonically, if necessary,
e. An AWP operator makes all decisions about
operational process control or system integrity regarding water quality or
water quantity that affects public health,
f. An AWPRA administrator who is not an AWP
operator may make a planning decision regarding water quality or water quantity
if the decision is not a direct operational process control or system integrity
decision that affects public health,
g. All critical control points at any
facility receiving treatment credit pursuant to R18-9-E828 are operated by an
AWP operator, and
h. The names of
all current AWP operators are reported to the Department as a component of the
Operations Plan submitted pursuant to R18-9-F836.
2. During the application period, or at any
point thereafter, an AWPRA may submit a request to waive the requirement in
subsection (1)(b) of this section if an operations plan, or amended operations
plan, submitted to ADEQ pursuant to R18-9-F836 demonstrates that alternative
oversight by an operator in direct responsible charge nevertheless achieves an
equivalent degree of operational oversight and treatment reliability.
3. If ADEQ grants the waiver request in
subsection (D)(2) above, the operator in direct responsible charge is not
required to be onsite for at least two full shifts per day, but shall be able
to monitor operations over the facility onsite within the period specified in
the operations plan.
4. If the
owner of a facility replaces an AWP operator in direct responsible charge with
another AWP operator, the facility owner shall notify the Department in writing
within 10 days of the replacement.
5. An AWP operator shall notify the
Department in writing within 10 days of the date the AWP operator either ceases
to operate a facility or commences operation of another facility.
6. An AWP operator shall operate each
facility in compliance with applicable state and federal law.
E. Certification.
1. The Department shall issue an AWP operator
certificate to an applicant if the applicant:
a. Meets the experience requirements in
subsection (K) for the applicable class and grade as outlined in this
section,
b. Passes a written
advanced water treatment examination, and
c. Has not had an operator's certificate
revoked in Arizona or permanently revoked in another jurisdiction.
2. To apply for AWP operator
certification, an applicant shall submit to the Department the following
information, as applicable, on a form approved by the Director:
a. The applicant's full name, Social Security
number, and operator number(s),
b.
The applicant's current mailing address, home and work telephone numbers and
e-mail address,
c. The applicant's
place of employment, including the facility identification number,
d. The class and grade of the facility where
the applicant is employed,
e. Proof
of successful completion of the advanced water treatment examination and other
applicable certificates, and
f.
Documentation of the applicant's experience required under this
section.
F.
Examination.
1. The Department shall provide
examinations for certification of AWP operators. The Department may contract
with third party examiners for administration of examinations. The Department
shall ensure that a list of approved examiners is available upon
request.
2. The Department shall
validate all examinations before administration. Each examination shall include
topics such as advanced treatment technologies, system maintenance, regulatory
protocols, safety, mathematics, and general system management.
3. The examiner shall grade the examination
and make the results available to the applicant and the Department within seven
days of the date of the examination.
4. An applicant shall not be admitted to an
examination without a valid picture I.D.
5. An individual must achieve a score of at
least seventy percent on the examination in order to attain a passing
grade.
6. For applicants with a
Grade 3 or Grade 4 wastewater treatment operator certification, the examination
shall include an additional component which tests knowledge equivalent to the
Grade 3 drinking water treatment operator examination.
G. Certificate Renewal.
1. If the Department renews a certificate,
the certificate is renewed for a three-year period, unless the AWP operator
requests a shorter renewal term in writing.
2. An AWP operator may renew their
certificate without retaking the exam in accordance with the following:
a. Prior to the end of their certificate
period by submitting a renewal form; or
b. Following the expiration of the
certification period, if the AWP operator submits a completed renewal form to
the Department within 90 days of the expiration date.
3. To renew a certificate, an AWP operator
shall complete and submit to the Department an AWP operator certificate
renewal, on a form approved by the Director.
4. An AWP operator shall provide the
following documentation to the Department, upon request, if necessary to
verify:
a. Completion of at least 30
professional development hours accumulated during the certification period, of
which at least 10 professional development hours directly relate to the
specific job functions of the AWP operator, and
b. Verification, in writing, by the AWP
operator's supervisor, or the entity that provides the education or training,
of the AWP operator's completion of each professional development
hour.
5. An AWP operator
shall maintain documentation of completion of professional development hours
for a minimum of five years.
6. As
an alternative to the requirements of subsection (G)(2), an AWP operator may
renew a certificate by taking and passing an AWP operator examination.
H. Certificate
Expiration.
1. A certification is valid for
three years and shall expire on the expiration date, which is the end of the
certification period.
2. An expired
certification may be reinstated if the renewal is submitted within 90 days of
expiration date, in accordance with subsection (G)(2)(b).
3. A person with an expired certificate shall
re-apply in accordance with subsections (F) and (G) in order to be certified as
an AWP operator.
4. An AWP
operator certificate is considered expired if the supporting certificate has
been denied, expired, suspended, or revoked.
I. AWP Operator Certificate Denial,
Suspension, Probation, and Revocation.
1. The
Department may deny, suspend, or revoke an AWP operator certificate, and may
place an AWP operator on probation.
2. The Department shall deny a certificate if
the application is deficient, the applicant fails to obtain a passing score on
the examination, or upon any other determination that the applicant has not met
the requirements of this section.
3. The Department may revoke or suspend a
certificate, or place an AWP operator on probation, if the Department
determines that the AWP operator:
a. Operates
a facility in a manner that violates federal or state law;
b. Negligently operates a facility or
negligently supervises the operation of a facility;
c. Fails to comply with a Department order or
court order;
d. Obtains, or
attempts to obtain, a certificate by fraud, deceit, or
misrepresentation;
e. Engages in
fraud, deceit, or misrepresentation in the operation or supervision of a
facility;
f. Knowingly or
negligently prepares a false or fraudulent report or record regarding the
operation or supervision of a facility;
g. Endangers the public health, safety, or
welfare;
h. Fails to comply with
the terms or conditions of probation or suspension; or
i. Fails to cooperate with an investigation
by the Department including failing or refusing to provide information required
by this section.
4. The
action the Department takes under subsection (I)(3) may be made at the
Department's discretion upon an examination of the individual facts and
circumstances, the number of findings the Department makes under (I)(3), and
upon consideration of other factors, such as but not limited to, additional
aggravating circumstances not considered under (I)(3).
5. In performing any action under this
subsection, the Department shall comply with the requirements in A.R.S. Title
41, Chapter 6, Article 10 and A.A.C. Title 18, Chapter 1, Article 2.
J. Reciprocity. The Department
shall issue a certificate to an applicant who holds a valid certificate from
another jurisdiction, if the applicant:
1.
Passes a written, validated AWP operator examination in Arizona or in another
jurisdiction that administers an AWP examination that is substantially
equivalent to the examination in Arizona and validated by the Department,
and
2. Submits written evidence of
the experience required under subsection (K).
K. Experience.
1. The Department shall consider the
following criteria to determine whether an applicant has the qualifying
experience required for AWP operator certification:
a. The type of operator certification held by
the applicant, and
b. Years of
qualifying experience as a certified operator for a specific grade of
facility.
2. An
applicant shall provide evidence of certification as one of the following:
a. A Grade 3 drinking water
operator;
b. A Grade 4 drinking
water operator;
c. A Grade 3
wastewater operator; or
d. A Grade
4 wastewater operator.
3. An applicant shall provide evidence of
qualifying experience in the applicable facility class.
4. An applicant shall meet the following
requirements for admission to an AWP operator certification examination:
a. A Grade 3 drinking water operator shall
have at least two years' experience operating a Grade 3 drinking water
treatment facility.
b. A Grade 4
drinking water operator shall have at least one year of experience operating a
Grade 4 drinking water treatment facility.
c. A Grade 3 wastewater operator shall have
at least two years' experience operating a Grade 3 wastewater treatment
facility.
d. A Grade 4 wastewater
operator shall have at least two years' experience operating a Grade 3 or Grade
4 wastewater treatment facility.
5. An applicant that meets the requirements
of this section and has passed the advanced water treatment examination shall
be certified in accordance with the following:
a. An applicant with Grade 3 drinking water
treatment certification with at least one year of advanced water treatment
qualifying experience shall receive certification as AWP shift
operator.
b. An applicant with
Grade 4 drinking water treatment certification with at least one year of
advanced water treatment qualifying experience shall receive certification as
AWP operator in direct responsible charge.
c. An applicant with Grade 3 wastewater
treatment certification with at least one year of advanced water treatment
qualifying experience shall receive certification as AWP shift
operator.
d. An applicant with
Grade 4 wastewater treatment certification with at least one year of advanced
water treatment qualifying experience shall receive certification as AWP shift
operator.
6. Advanced
water treatment qualifying experience may be obtained through any of the
following:
a. Operating a pilot
facility;
b. Operating an AWP
demonstration facility that is not distributing finished water for human
consumption;
c. Experiential
reciprocity pursuant to subsection (J) of this section;
d. An apprenticeship under an AWP operator
on-site at an AWP facility including a pilot facility, demonstration facility,
or AWTF; or
e. Other experience
approved by the Department.
7. Experience working at an AWTF shall count
towards qualified experience at a Grade 4 drinking water plant.
L. Class and Grade Requirements.
1. Drinking Water Treatment and Distribution
Systems.
a. The Department shall classify a
drinking water treatment facility receiving AWP treatment credits under
R18-9-E828 as an AWTF.
b. The
Department shall grade water distribution system AWPRA partners pursuant to
A.A.C. R18-5-115(B).
2.
Wastewater Treatment and Collection Systems.
a. A wastewater treatment facility receiving
AWP treatment credits under R18-9-E828 shall be operated by an AWP operator and
an operator certified at the appropriate grade, and no grade lower, for the
class of the facility pursuant to Chapter 5, Article 1 of this Title. These
operation requirements may be met by the same operator.
b. Wastewater collection systems that collect
and convey wastewater to a wastewater treatment facility that is ultimately
used as a treated wastewater supply to an AWTF shall be classified pursuant to
R18-5-114 of this Title.
c. For a
multi-facility system, the Department shall grade each facility in accordance
with this subsection.
M. Transition.
1. Beginning two years from the effective
date of the AWP programmatic rules in A.A.C. Title 18, Chapter 9, Article 8,
all facilities receiving treatment credit pursuant to R18-9-E828 shall be
operated by AWP operators certified in accordance with this section.
2. During the two-year transition period, all
AWTFs shall be operated by a Grade 4 certified drinking water operator who has
completed appropriate training, approved by the Department.
Notes
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