(1) The
department may suspend an operator's certificate for up to one year or revoke
an operator's certificate for up to five years if the operator:
(a) Obtains a certificate by fraud or
deceit;
(b) Performs an act of
fraud, deceit, or gross negligence when:
(i)
Operating or maintaining a public water system;
(ii) Inspecting, testing, maintaining, or
repairing backflow assemblies, devices, or air gaps intended to protect a
public water system from contamination; or
(iii) Developing or implementing a
cross-connection control program.
(c) Intentionally violates the requirements
of this chapter or department statutes, rules, or orders as authorized in
chapter
246-290 WAC,
RCW
70A.120.110, or
70A.125.040.
(2) When considering if an act or omission
constitutes gross negligence, the department shall consider all pertinent
factors including, but not limited to:
(a) The
standard of care commonly exercised by a certified operator;
(b) If the legal duty was known or should
have been known to the alleged violator; and
(c) The degree to which the alleged gross
negligence endangered public health.
(3) An operator whose certificate is
suspended shall continue to meet all renewal and professional growth
requirements in WAC
246-292-090 and
246-292-095, in order to maintain
certification after the suspension period has ended.
(4) An operator whose certificate is revoked
may apply for certification after the period of revocation has ended, and shall
meet all requirements in WAC
246-292-060 and
246-292-070.
Notes
Wash. Admin.
Code §
246-292-100
Amended by
WSR
14-01-003, filed 12/4/13, effective 1/4/2014
Amended by
WSR
22-07-025, Filed 3/9/2022, effective
4/9/2022
Statutory Authority: Chapter 70.119 RCW. 05-06-122, §
246-292-100, filed 3/2/05, effective 4/2/05. Statutory Authority: Chapter
70.119 RCW and Safe Drinking Water Act,
Public Law
104-182; 64 F.R. 5916 - 5921. 01-02-070, §
246-292-100, filed 12/29/00, effective 1/29/01. Statutory Authority: Chapter
70.119 RCW. 94-04-004, § 246-292-100, filed 1/20/94, effective 2/20/94.
Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-292-100, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.119.050. 78-10-053 (Order 1343), §
248-55-120, filed 9/22/78.
