Ohio Admin. Code 3745-400-26 - Operator certification
(A) An individual meeting the qualifications
contained in paragraph (B) of this rule may submit an application for
certification as a certified operator . Upon issuance of a certification by the
director , the individual is a certified operator and may renew the
certification in accordance with paragraph (F) of this rule.
(B) Qualifications. An applicant for
certification or a certified operator for a construction and demolition debris
facility or construction and demolition debris processing facility shall at a
minimum meet the following qualifications:
(1) Have twelve months of work experience
pertaining to the day to day operations at either a construction and demolition
debris facility or construction and demolition debris processing facility as
defined in rule
3745-400-01 of the
Administrative Code, a sanitary landfill facility as defined in Chapter 3745-27
of the Administrative Code, or other experience deemed acceptable by the
director .
(2) Obtain a minimum of
ten credit hours of approved education training prior to certification and
annually upon certification. The education training credit hours shall be
completed in accordance with this rule and consist of the following:
(a) A minimum of two credit hours on the laws
governing construction and demolition debris facilities, construction and
demolition debris processing facilities, and disposal and transfer of
construction and demolition debris .
(b) A minimum of six credit hours on best
management practices including but not limited to operation and maintenance of
a construction and demolition debris facility or a construction and demolition
debris processing facility .
(C) Application.
(1) An applicant for certification shall
submit to the director a complete notarized
application on forms prescribed by the director that at a minimum includes
copies of records verifying that the applicant has met the requirements
specified in paragraph (B) of this rule.
(2) An incomplete application shall not be
considered. Not later than thirty days after the receipt of an incomplete
application, the applicant shall be notified of the nature of the deficiency
and the refusal by the director to consider the application until the
deficiency is rectified and the application completed.
(D) Issuance. The director shall issue or
renew a certification to an applicant after the applicant has submitted a
complete and accurate application in accordance with paragraph (C) of this
rule, unless the application is denied in accordance with paragraph (G) of this
rule.
(E) Education training
program. The director shall approve programs to fulfill the education training
requirements for certified operators in accordance with this rule and section
3714.062 of the Revised Code.
(1) A person who is required to obtain
certification pursuant to this rule and section
3714.062 of the Revised Code
shall complete education training in accordance with this paragraph and
paragraph (B) of this rule. Sixty minutes of instruction or other approved
activity shall constitute one credit hour of education training.
(2) A three-member panel shall be established
by the director to provide guidance on the minimum core curriculum to be
included in the approved education training set forth in paragraph (B)(2) of
this rule. The panel shall be composed of the following:
(a) A representative of the
director .
(b) A member appointed by
a state-wide association of boards of health.
(c) A member appointed by a state-wide
construction and demolition debris association.
(3) An education training course shall be
submitted to the director for approval not later than sixty days prior to the
commencement of the course. The request for approval shall be submitted on
forms prescribed by the director and contain at a minimum the following
information:
(a) The name, address, and
telephone number of the person , entity, or organization providing the
training.
(b) The title and
educational objectives of the course.
(c) The content of the course including a
course outline.
(d) The number of
education training credit hours awarded by the course.
(e) The names and qualifications of
instructors teaching the course.
(f) The procedure used to verify attendance
at the course.
(g) Verification
that the person , entity, or organization conducting the course will submit a
copy of the attendees list to the director not later than forty-five days after
completion of the course.
(h) The
name, address, and telephone number of the person submitting the course for
approval.
(4) A person
who is required to obtain certification pursuant to this rule and section
3714.062 of the Revised Code may
submit a request on forms prescribed by the director to obtain education
training credit for training which has not been approved by the director not
later than thirty days prior to the commencement of the course.
(5) A person who is required to obtain
certification pursuant to this rule and section
3714.062 of the Revised Code may
submit a request on forms prescribed by the director to obtain education
training credit for past attended training which was not approved by the
director not later than sixty days after completion of the course.
(6) Education training for certified
operators who are course instructors or panel participants. The director may
grant education training credit hours to certified operators who are course
instructors or panel participants of approved education training courses in
accordance with the following:
(a) Course
instructors. Up to three credit hours for each credit hour taught the first
time the course is presented by the instructor, and one credit hour for each
credit hour taught in subsequent presentations of the same course by the
instructor. The director may grant a maximum of four credit hours during the
certification period.
(b) Panel
participants. Up to two credit hours for each credit hour for the initial panel
presentation and one credit hour for each credit hour for subsequent panel
presentations of the same material. The director may grant a maximum of three
credit hours during the certification period.
(c) Requests for approval of the education
training hours shall be submitted on forms prescribed by the director not later
than sixty days after the course presentation or panel presentation.
(7) All course approvals are valid
for one year from the date of issuance.
(8) Upon request, the director shall provide
a list of the certified operator 's documented education training
hours.
(F) Renewal of
certification.
(1) Unless an extension has
been granted in accordance with paragraph (H)(2) of this rule, a certification
issued pursuant to this rule expires annually on December
thirty-first.
(2) The director
shall renew a certification provided that the certified operator has met the
requirements of this rule absent grounds for denial, suspension, or revocation
pursuant to paragraph (G) of this rule. A certification issued under this rule
that has been revoked shall not be renewed and the person shall not be eligible
to be a new applicant or designated as an interim operator .
(3) A renewal application shall be submitted
to the director by December thirty-first of each year. The renewal application
shall include copies of records verifying that the applicant has received
educational training credit hours as set forth in paragraph (B) of this rule
and section 3714.062 of the Revised Code in
the twelve months preceding the submission of the renewal
application.
(G) Denial,
suspension, and revocation of certification.
(1) If a certified operator violates any
provision of Chapter 3714. of the Revised Code or the rules adopted thereunder,
including a violation of any license condition or order, the director may take
one of the following actions:
(a) Deny the
application for certification in accordance with Chapters 119. and 3714. of the
Revised Code.
(b) Suspend the
certification. If a certification issued under this rule is suspended, the
certification shall not be renewed until the suspension period expires and the
individual whose certificate is suspended has achieved compliance with Chapter
3714. of the Revised Code and the rules adopted thereunder.
(c) Revoke the certification after an
investigation and hearing conducted in accordance with Chapter 119. of the
Revised Code has been completed.
(2) The owner or operator of a construction
and demolition debris facility or construction and demolition debris processing
facility with a certified operator whose certification has been denied,
suspended, or revoked shall establish an interim operator in accordance with
rule 3745-400-11 or rule
3745-400-58 of the
Administrative Code, as applicable, not later than fourteen days after the
denial, suspension, or revocation.
(H) Veterans. For the purposes of this rule,
"veteran" has the same meaning as in section
5903.01 of the Revised Code.
(1) A veteran may request an extension of the
annual continuing education requirement if the following conditions are met:
(a) The veteran has served on active duty
inside or outside the United States for a period in excess of thirty-one days
during the current annual certification period.
(b) The veteran has submitted a renewal
application in accordance with paragraph (F) of this rule and proper
documentation certifying the active duty service and the length of the active
duty service.
(2) Upon
receipt of a complete application and documentation, the director shall extend
the current certification period by an amount of time equal to the total number
of months that the veteran spent on active duty during the current
certification period. Any portion of a month served shall be considered one
full month. The director shall consider relevant education, training, or
service completed by the veteran while on active duty in determining whether
the veteran has fulfilled the continuing education requirements identified in
paragraph (B) of this rule.
(3) A
veteran or a veteran's spouse, who meets the requirements of this paragraph and
whose certification has expired due to the veteran's military service, shall be
eligible for renewal of the expired certification without penalty in accordance
with section 5903.10 of the Revised Code if
the following conditions are met:
(a) The
veteran presents the director with satisfactory evidence that, not later than
six months prior to the date the evidence is submitted to the director , the
veteran was honorably discharged or separated from the military under honorable
conditions.
(b) The veteran is not
disqualified because of a mental or physical disability which would preclude
the veteran from meeting the certification requirements.
(c) The veteran meets the requirements for
certification renewal.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.022, 3714.062
Rule Amplifies: 3714.02, 3714.022, 3714.062
Prior Effective Dates: 07/01/2018, 04/18/2022, 07/04/2022
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