TITLE
20 ENVIRONMENTAL PROTECTION
CHAPTER
7 WASTEWATER AND WATER SUPPLY
FACILITIES
PART 4 UTILITY OPERATOR CERTIFICATION
20.7.4.1 ISSUING AGENCY:
Water Quality Control Commission.
[20.7.4.1
NMAC - Rp, 20 NMAC 7.4.100, 1-26-01]
20.7.4.2 SCOPE:
All persons, facilities and systems subject to the act.
[20.7.4.2
NMAC - Rp, 20 NMAC 7.4.101, 1-26-01; A, 11-15-06]
20.7.4.3 STATUTORY AUTHORITY:
Utility Operators Certification Act, NMSA 1978, Sections 61-33-1 to 10.
[20.7.4.3
NMAC - Rp, 20 NMAC 7.4.102, 1-26-01]
20.7.4.4 DURATION:
Permanent.
[20.7.4.4
NMAC - Rp, 20 NMAC 7.4.103, 1-26-01]
20.7.4.5 EFFECTIVE DATE:
January 26, 2001, unless a later date is indicated in the history note
at the end of a section.
[20.7.4.5
NMAC - Rp, 20 NMAC 7.4.104, 1-26-01]
20.7.4.6 OBJECTIVE:
The objective of this part is to implement the act.
[20.7.4.6
NMAC - Rp, 20 NMAC 7.4.105, 1-26-01; A, 11-15-06]
20.7.4.7 DEFINITIONS:
All terms used in this part shall have the following meanings:
A. “act” means the
Utility Operators Certification Act, NMSA 1978, Sections 61-33-1 to 10;
B. “board” means
the utility operators certification advisory board;
C. “certified
operator” means a person who is certified by the department as being qualified
to operate one of the classifications of public water supply systems or public
wastewater facilities;
D. “collection
system” means pipelines or conduits, pumping stations, force mains, and all
other devices, appurtenances and facilities used for collecting and conducting
waste to a point of treatment and disposal;
E. “commission”
means the water quality control commission;
F. “department”
means the New Mexico environment department;
G. “distribution
system” means pipelines, appurtenances, devices and facilities which carry
potable water under pressure to each consumer;
H. “domestic liquid
waste” means human excreta and water-carried waste from typical residential
plumbing fixtures and activities, including but not limited to waste from
toilets, sinks, bath fixtures, clothes or dishwashing machines and floor
drains;
I. “domestic
liquid waste treatment unit” means any system that is designed to discharge
less than two thousand gallons per day and that is subject to the rules
promulgated by the environmental improvement board pursuant to Paragraph (3) of
Subsection (A) of Section 74-1-8 NMSA 1978 or a watertight unit designed,
constructed and installed to stabilize only domestic liquid waste and to retain
solids contained in such domestic liquid waste, including septic tanks;
J. “education”
means academic credit received attending any public or private primary,
secondary or high school, approved vocational training courses in the water
supply and wastewater field, college or university;
K. “experience” means
actual work experience, full or part-time, as an operator in the fields of
public water supply or public wastewater treatment; work experience in a
related field may be accepted at the discretion of the department;
L. “operate” means
performing any activity or function or making any process control or system
integrity decision regarding water quality or water quantity that has the
potential to affect the proper functioning of a public water supply system or
public wastewater facility or to affect human health, public welfare or the
environment; the term "operate" does not include the operation of
monitoring equipment from a distantly remote location;
M. “operator” means
any person who operates a public water supply system or public wastewater
facility;
N. “owner” means
the person or persons who own(s) any part of a public water supply system or
public wastewater facility;
O. “person” means
any agency, department or instrumentality of the United States and any of its
officers, agents or employees, the state or any agency, institution or
political subdivision thereof, any public or private corporation, individual,
partnership, association or other entity, and includes any officer or governing
or managing body of any political subdivision or public or private corporation;
P. “population
served” means actual or estimated maximum number of persons served by the
public water supply system or public wastewater facility;
Q. “public
wastewater facility” means a system of structures, equipment and processes designed
to collect and treat domestic and industrial waste and dispose of the effluent,
but does not include:
(1) any
domestic liquid waste treatment unit;
(2) any
industrial facility subject to an industrial pretreatment program regulated by
the United States environmental protection agency under the requirement of the
federal Clean Water Act of 1977; or
(3) any
waste treatment system which is strictly limited to treating non-human,
agricultural waste;
R. “public water
supply system” means:
(1) a
system for the provision through pipes or other constructed conveyances to the
public of water for human consumption or domestic purposes if the system:
(a) has
at least fifteen service connections; or
(b) regularly
serves an average of at least twenty-five individuals at least sixty days of
the year;
(2) any
water supply source and any treatment, storage and distribution facilities
under control of the operator of the system; and
(3) any
collection device, including but not limited to wells, spring boxes,
infiltration galleries or intake structures, and any treatment, storage, and
distribution facilities under the control of the operator of such system and
any collection device or pretreatment storage facilities not under such control
which are used primarily in connection with such system;
S. “supervision”
means the coordination, direction, oversight or inspection of the operation of
a public water supply system or a public wastewater facility; the term
"supervision" does not include the operation of monitoring equipment
from a distantly remote location;
T. “training” means
approved education or non-academic training in the fields of public water
supply system or public wastewater facility operations;
U. “training
credit” means the amount of credit earned by a participant in a training
program; and
V. “treatment
works” means any plant or other works used for the purpose of treating,
stabilizing or holding wastes.
[20.7.4.7
NMAC - Rp, 20 NMAC 7.4.108, 1-26-01; A, 10-17-01; A, 11-15-06]
20.7.4.8 CONSTRUCTION:
This part shall be liberally construed to carry out the purposes of the
act. If any provision or application of
this part is held invalid, the remainder or its application to other situations
or persons shall not be affected.
[20.7.4.8
NMAC - Rp, 20 NMAC 7.4.106, 1-26-01; A, 11-15-06]
20.7.4.9 COMPLIANCE WITH OTHER
REGULATIONS: Compliance with this part does not relieve a
person from the obligation to comply with other applicable state and federal
regulations.
[20.7.4.9
NMAC - Rp, 20 NMAC 7.4.107, 1-26-01]
20.7.4.10 LEVELS
OF CERTIFICATION FOR OPERATORS OF PUBLIC WATER SUPPLY SYSTEMS AND PUBLIC
WASTEWATER FACILITIES:
A. The levels of
general certification for operators of public water supply systems from lowest
to highest shall be:
(1) level
1 water supply (WS1);
(2) level
2 water supply (WS2);
(3) level
3 water supply (WS3); and
(4) level
4 water supply (WS4).
B. The levels of
special certification for operators of public water supply systems from lowest
to highest shall be:
(1) small
water (SW); and
(2) small
water advanced (SWA);
C. The levels of
certification for water sample technicians at public water supply systems from
lowest to highest shall be:
(1) water
sample technician 1 (WST1); and
(2) water
sample technician 2 (WST2).
D. The levels of
certification for operators of distribution systems at public water supply
systems from lowest to highest shall be:
(1) distribution
systems 1 (DS1);
(2) distribution
systems 2 (DS2); and
(3) distribution
systems 3 (DS3).
E. The levels of
general certification for operators of public wastewater facilities from lowest
to highest shall be:
(1) level
1 wastewater (WW1);
(2) level
2 wastewater (WW2);
(3) level
3 wastewater (WW3); and
(4) level
4 wastewater (WW4).
F. The levels of
special certification for operators of public wastewater facilities from lowest
to highest shall be:
(1) small
wastewater (SWW); and
(2) small
wastewater advanced (SWWA).
G. The levels of
certification for wastewater laboratory technicians at public wastewater
facilities from lowest to highest shall be:
(1) wastewater
laboratory technician 1 (WWLT1);
(2) wastewater
laboratory technician 2 (WWLT2); and
(3) wastewater
laboratory technician 3 (WWLT3).
H. The levels of
certification for operators of collection systems at public wastewater
facilities from lowest to highest shall be:
(1) collection
systems 1 (CS1); and
(2) collection
systems 2 (CS2).
[20.7.4.10
NMAC - Rp, 20 NMAC 7.4.109 - 110, 1-26-01; A, 11-15-06]
20.7.4.11 CLASSIFICATION
OF PUBLIC WATER SUPPLY SYSTEMS AND PUBLIC WASTEWATER FACILITIES:
A. Public water
supply systems and public wastewater facilities are classified based on: (1)
the size and type of the system or facility; (2) the capacity of the system or
facility in terms of size service area and number of users served; (3) the type
and character of the water or wastewater to be treated; and (4) the physical
conditions affecting the treatment plants, collection systems and distribution
systems.
B. Public water
supply systems and public wastewater facilities are classified in accordance
with the requirements of 20.7.4.12 NMAC and 20.7.4.13 NMAC.
[20.7.4.11
NMAC - Rp, 20 NMAC 7.4.111, 1-26-01; A, 11-15-06]
20.7.4.12 PUBLIC WATER SUPPLY SYSTEMS:
A. In order to
operate the various types of treatment processes at public water supply
systems, the indicated level of certification shall be required:
|
Type of Treatment Process |
Population Served |
||||
|
25 to 500 |
501 to 5,000 |
5,001 to 10,000 |
10,001 to 20,000 |
20,000+ |
|
|
Filtration
(sand, gravity) |
SWA |
WS3 |
WS3 |
WS3 |
WS4 |
|
Coagulation,
sedimentation, filtration |
SWA |
WS3 |
WS3 |
WS4 |
WS4 |
|
Chemical
precipitation (Mn, Fe, softening) |
SWA |
WS3 |
WS3 |
WS4 |
WS4 |
|
Aeration |
SW |
WS2 |
WS3 |
WS3 |
WS4 |
|
Odor
and taste control (activated carbon) |
SW |
WS2 |
WS3 |
WS3 |
WS4 |
|
Chemical
addition (stabilization) |
SW |
WS2 |
WS2 |
WS3 |
WS4 |
|
Pressure
filtration |
SWA |
WS2 |
WS2 |
WS3 |
WS4 |
|
Ion
exchange (softening, defluoridation) |
SWA |
WS2 |
WS3 |
WS3 |
WS4 |
|
Chlorination |
SW |
WS2 |
WS2 |
WS3 |
WS4 |
|
Fluoridation |
SW |
WS2 |
WS2 |
WS3 |
WS4 |
|
Arsenic
removal |
SWA |
WS3 |
WS3 |
WS3 |
WS4 |
|
Radionuclide
removal |
SWA |
WS3 |
WS3 |
WS3 |
WS4 |
|
Special,
such as desalinization |
SWA |
WS4 |
WS4 |
WS4 |
WS4 |
|
Production,
ground water only |
SW |
WS1 |
WS2 |
WS3 |
WS4 |
B. In order to
operate various types of distribution systems at public water supply systems,
the indicated level of certification shall be required:
|
Type of Distribution Systems |
Population Served |
||||
|
25 to 500 |
501 to 5,000 |
5,001 to 10,000 |
10,001 to 20,000 |
20,000+ |
|
|
Distribution
of treated surface water |
SW |
DS2 |
DS2 |
DS2 |
DS3 |
|
Distribution
of chlorinated groundwater |
SW |
DS2 |
DS2 |
DS2 |
DS3 |
|
Distribution
of unchlorinated groundwater |
SW |
DS1 |
DS2 |
DS2 |
DS3 |
C. In order to
perform the various types of water sampling at public water supply systems
after January 1, 2008, the indicated level of certification shall be required:
|
Type of Water Sampling |
Population Served |
||||
|
25 to 500 |
501 to 5,000 |
5,001 to 10,000 |
10,001 to 20,000 |
20,000+ |
|
|
Microbiology |
SW or WST1 |
WST1 |
WST1 |
WST1 |
WST1 |
|
Chemical and Radiological |
WST2 |
WST2 |
WST2 |
WST2 |
WST2 |
[20.7.4.12
NMAC - Rp, 20 NMAC 7.4.112, 1-26-01; A, 11-15-06]
20.7.4.13 PUBLIC WASTEWATER FACILITIES:
A. In order to
operate the various types of treatment processes at public wastewater
facilities, the indicated level of certification shall be required:
|
Type of Treatment Process |
Population Served |
||||
|
25 to 500 |
501 to 5,000 |
5,001 to 10,000 |
10,001 to 20,000 |
20,000+ |
|
|
Raw
wastewater lagoons |
SWW |
WW1 |
WW1 |
WW1 |
WW1 |
|
Aerated
lagoons |
SWW |
WW2 |
WW2 |
WW2 |
WW2 |
|
Primary
treatment |
SWW |
WW2 |
WW2 |
WW2 |
WW2 |
|
Primary
treatment and oxidation ponds |
SWW |
WW2 |
WW2 |
WW2 |
WW2 |
|
Secondary
treatment, trickling filter |
SWW |
WW2 |
WW3 |
WW3 |
WW4 |
|
Secondary
treatment, aeration |
SWWA |
WW3 |
WW3 |
WW4 |
WW4 |
|
Physical-chemical
treatment processes |
SWWA |
WW3 |
WW3 |
WW3 |
WW4 |
|
Advanced
waste treatment process |
SWWA |
WW3 |
WW4 |
WW4 |
WW4 |
|
Phosphorous
and nitrogen removal |
SWWA |
WW3 |
WW3 |
WW4 |
WW4 |
B. In order to
operate collection systems at the various sizes of public wastewater
facilities, the indicated level of certification shall be required:
|
Population Served |
25 to 500 |
501 to 5,000 |
5,001 to 10,000 |
10,001 to 20,000 |
20,000+ |
|
Level of Certification |
SWW |
CS1 |
CS1 |
CS2 |
CS2 |
C. In order to
perform wastewater analysis for regulatory compliance at public wastewater
facilities after January 1, 2011, the indicated level of certification shall be
required:
|
Level of Certification Needed |
Type of Methodology Performed |
|
WWLT1 |
Analyses involving colorimetry and
commercially prepared reagents, including but not limited to Dissolved Oxygen
(DO) and pH by probe, and commercially available test kits. |
|
WWLT2 |
WWLT1 plus analyses involving other
specific ion electrodes, titration, gravimetry, microbiology, media and
standards preparation, including but not limited to Biochemical Oxygen Demand
(BOD), fecal coliform, E.coli, residuals (Total Suspended Solids (TSS), Total
Volatile Solids (TVS), Volatile Suspended Solids (VSS), etc.), Total Residual
Chlorine (TRC) by titration, and Dissolved Oxygen by the Winkler method. |
|
WWLT3 |
WWLT1 and WWLT2 plus analyses involving
digestion, distillation, spectrophotometry, chromatography, reagents and
standards preparation, live organisms, including but not limited to nitrogen
(Nitrate (NO3), Ammonium (NH4), Total Kjeldahl Nitrogen
(TKN)), trace metals, anions, and whole effluent toxicity. |
|
SWW, SWWA, WW1, WW2, WW3, WW4, WWLT1, WWLT2
or WWLT3 |
TRC by the N-diethyl-p-phenylene-diamine
(DPD) method, pH,
Temperature and DO by probe. |
[20.7.4.13
NMAC - Rp, 20 NMAC 7.4.113, 1-26-01; A, 11-15-06; A, 1-15-11]
20.7.4.14 LESSER
INCLUDED CERTIFICATIONS:
A. An operator
holding a SWA certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SW
certification.
B. An operator
holding a SWWA certification is certified to perform any activity or function
or make any process control or system integrity decision which requires a SWW
certification.
C. An operator
holding a WS1 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SW, WST1
and DS1 certification.
D. An operator
holding a WS2 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SW, WS1,
WST1, WST2, DS1 and DS2 certification.
E. An operator
holding a WS3 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SW, SWA,
WS1, WS2, WST1, WST2, DS1, DS2 and DS3 certification.
F. An operator
holding a WS4 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SW, SWA,
WS1, WS2, WS3, WST1, WST2, DS1, DS2 and DS3 certification.
G. An operator
holding a WW1 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SWW and
CS1 certification.
H. An operator
holding a WW2 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SWW,
WW1, WWLT1, CS1 and CS2 certification.
I. An operator
holding a WW3 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SWW,
SWWA, WW1, WW2, WWLT2, CS1 and CS2 certification.
J. An operator
holding a WW4 certification is certified to perform any activity or function or
make any process control or system integrity decision which requires a SWW, SWWA,
WW1, WW2, WW3, WWLT2, CS1 and CS2
certification.
[20.7.4.14
NMAC - N, 11-15-06; A, 1-15-11]
20.7.4.15 MINIMUM NUMBER OF CERTIFIED
OPERATORS:
A. A public
wastewater facility or public water supply system shall provide the minimum
number of certified operators needed to operate the system or facility to
protect human health, public welfare or the environment.
B. If the
department determines a public wastewater facility or public water supply
system is in violation of Subsection A of this section, the department may
determine the minimum number of certified operators needed for the public
wastewater facility or public water supply system. The determination shall be made in writing
and delivered by certified mail.
Violation of the department determination shall be considered a
violation of the rule.
C. In determining
the minimum number of certified operators needed to operate a public wastewater
facility or public water supply system in compliance with Subsection A of this
section, the department shall consider the following criteria:
(1) current
compliance with applicable state and federal regulations;
(2) historical
compliance with applicable state and federal regulations;
(3) actual
discharge/production compared to design capacity;
(4) availability
of redundant facilities;
(5) geographic
area served by the public wastewater facility or public water supply system;
(6) level
of automation;
(7) staffing
plan;
(8) capacity
assessment findings;
(9) sanitary
survey deficiencies;
(10) mechanical
reliability; and
(11) currency
of federally required vulnerability assessments and risk management plans.
[20.7.4.15
NMAC - N, 2/2/09]
20.7.4.16 CODE OF PROFESSIONAL CONDUCT:
A. This code
expresses in general terms the level of professional conduct expected of
certified operators in the state of New Mexico.
This code of professional conduct is intended to guide the actions of
certified operators and depends upon the integrity of each certified operator
to conduct themselves in a responsible and straightforward manner in operating
public water supply systems and public wastewater facilities.
B. All certified operators are charged with
understanding this code of professional conduct and are expected to be familiar
with the provisions of these rules and the utility operator certification
regulations. Failure to follow the code
of professional conduct shall be considered gross incompetence by the
department. The department shall,
following notification of the certified operator, first seek the advisement of
the utility operators certification advisory board prior to any application of
enforcement made pursuant to this code of professional conduct.
C. The certified
operator shall:
(1) protect
the safety, health, and welfare of the public in the performance of the
operator’s duties;
(2) report
to the proper authority or the department as necessary any conduct that would
endanger the safety, health, and welfare of the public in regards to the
operation of a public water supply system or public wastewater facility;
(3) submit
objective and truthful information in all reports, statements, and testimony as
required by state and federal law;
(4) conscientiously
and proficiently operate and maintain public water supply systems and public
wastewater facilities;
(5) act
honestly, responsibly, ethically, and lawfully in a manner that enhances the
reputation of the profession;
(6) avoid
any conflict of interest that could influence the operator’s professional
judgment and promptly report any such conflict of interest to the operator’s
employer as necessary; and
(7) not
falsify any academic or professional qualifications and not misrepresent such
qualifications to the operator’s employer, the department, or any member of the
public.
[20.7.4.16
NMAC - N, 1-17-17]
20.7.4.17
- 20.7.4.19 [RESERVED]
20.7.4.20 CERTIFICATION
GENERAL PROVISIONS:
A. It is unlawful
to operate or allow the operation of a public water supply system or public
wastewater facility unless the system or facility is operated by or under the
supervision of a certified operator who meets or exceeds the appropriate level
of certification required to operate the system or facility.
B. Separate
certification is required for the operation of public water supply systems and
public wastewater facilities.
C. The name(s) of
the certified operator(s) employed by a public water supply system or public
wastewater facility must be on file at all times with the department. A certified operator may be replaced with
another certified operator of the required level at any time. The owner shall notify the department in
writing of the name of the new certified operator within thirty days after the
replacement of the certified operator.
D. The department
may issue certifications restricted to distribution systems or collection
systems.
[20.7.4.20
NMAC - Rp, 20 NMAC 7.4.200, 1-26-01; A, 11-15-06]
20.7.4.21 REQUIREMENTS
FOR APPLICATION FOR CERTIFICATION:
A. Each applicant
for certification as a certified operator shall:
(1) complete
an application on forms furnished by the department; applications shall be
submitted to the department not later than thirty days prior to the date of the
examination;
(2) submit
evidence that the applicant has reached the age of majority;
(3) pay
a nonrefundable examination application fee, in advance, to the department; the
examination application fee for certification as a SW, SWA, SWW, SWWA, WST1,
WST2 and WWLT1 shall be $25.00; the examination application fee for
certification as a WS1, WS2, WS3, WS4, WW1, WW2, WW3, WW4, WWLT2, WWLT3, CS1,
CS2, DS1, DS2 and DS3 shall be $30.00;
(4) successfully
meet the educational, experience and training requirements stipulated in
20.7.4.22 NMAC; all training programs must be approved by the department, and
the department shall assign the number of training credits for each approved
training program; and
(5) successfully
pass the written examination for the level of certification being applied for.
B. Written
examinations for certification shall be scheduled at such times and locations
as the department deems appropriate.
Written examinations shall be used in determining skill, knowledge,
ability and judgment of the applicant.
All written examinations will be graded and the applicants notified of
the results. Examination papers will not
be returned to the applicant, but may be reviewed by the applicant at the
department.
[20.7.4.21
NMAC - Rp, 20 NMAC 7.4.201, 1-26-01; A, 11-15-06]
20.7.4.22 MINIMUM
REQUIREMENTS FOR CERTIFICATION:
A. The minimum
requirements for each level of certification are:
(1) SW,
SWA, SWW, SWWA, WS1, WW1, WWLT1, DS1 and CS1 certification require high school
graduation, or general equivalency diploma, one year of experience and
successful completion of ten training credits;
(2) WS2,
WW2, WWLT2, DS2 and CS2 certification require high school graduation, or
general equivalency diploma, two years of experience and successful completion
of thirty training credits;
(3) WS3,
WW3, WWLT3 and DS3 certification require high school graduation, or general
equivalency diploma, four years of experience and successful completion of
fifty training credits;
(4) WS4
and WW4 certification require high school graduation, or general equivalency
diploma, one year’s experience, as appropriate, as a WS3 and WW3 certificate
holder and successful completion of eighty training credits;
(5) WST1
certification requires high school graduation, or general equivalency diploma,
and successful completion of five training credits;
(6) WST2
certification requires high school graduation, or general equivalency diploma,
and successful completion of ten training credits.
B. Substitutions.
(1) In
no case shall the actual experience be less than one year for any level except
as in Subparagraph (d) of Paragraph (2) of Subsection B of this section.
(2) Education
may be substituted for the basic requirements or used for training credits as
follows. In no case may the same
education serve both as a substitution for experience and as training credits
except as provided in this section.
(a)
One year of additional experience may be substituted for the high school
graduation or general equivalency diploma requirement for all levels of
certification except level 4.
(b) No
more than one year (30 semester hours) of successfully completed college
education in a non-related field may be substituted for an additional six
months of the required experience.
(c) One
year of an approved vocational school in the water and/or wastewater field may
be substituted for only one additional year of the required experience.
(d) An
associate's degree for a two-year program in an approved school in the water
and/or wastewater field and six months of actual experience in that field
(which may be accrued before, during, or after the school program) may be
substituted for the requirements of any level up to and including level 2. An associate's degree for a two-year program
in an approved school in the water and/or wastewater field and twelve months of
actual experience in that field (which may be accrued before, during, or after
the school program) may be substituted for the requirements of a level 3.
(e) Completion
of at least three years of actual experience in the water and/or wastewater
field plus high school diploma or equivalent, plus 15 semester hours of
successfully completed college education directly related to the water or
wastewater field may be substituted for any level up to and including level 3.
(f) A
bachelor's degree for a major directly related to the water or wastewater field
plus two years of actual experience in that field may be substituted for any
level up to and including level 3.
(3) Full
time water and wastewater laboratory experience may be substituted for operator
experience in a respective field at a rate of 25 percent of the actual
experience held.
[20.7.4.22
NMAC - Rp, 20 NMAC 7.4.202, 1-26-01; A, 11-15-06]
20.7.4.23 TEMPORARY
CERTIFICATION:
A. If, after
reasonable time and effort by an owner, a qualified operator cannot be
employed, the system or facility may apply for temporary certification for the
operator of a system or facility. In
support of the application, the system or facility shall submit documentation
demonstrating that it cannot employ a qualified operator and a schedule of
compliance that includes the actions the system or facility will take to employ
a certified operator, the date by which the system or facility will employ a
certified operator, and a contingency plan that outlines the actions to be
taken if the system’s or facility’s schedule fails to result in the employment
of a certified operator.
B. A temporary
certificate may be issued to an individual for a period not to exceed six
months.
C. A temporary
certificate may be extended to a maximum of 18 months if the operator is involved
in a training program that will qualify the operator for the required level in
that period.
D. An extension to
the six-month temporary certification will require prior approval of a training
program to ensure coverage of areas that are specific to the system, facility
or individual’s knowledge and skills.
[20.7.4.23
NMAC - Rp, 20 NMAC 7.4.203, 1-26-01; A, 10-17-01; A, 11-15-06]
20.7.4.24 CERTIFICATION
WITHOUT EXAMINATION:
A. Certificates
shall be issued without an examination to persons who, on July 1, 1993, were
operators of a system or facility serving under 2,500 persons. Applications for certification under this
subsection must have been made on or before December 1, 1993.
(1) Persons
making application under this subsection must meet the basic requirements for
certification outlined in 20.7.4.22 NMAC.
(2) Certificates
issued under this subsection will be restricted to the particular system or
facility for which the applicant is employed as it existed on July 1,
1993. Major changes in the type of
treatment employed, or the size of the population served, that would
significantly affect the operation of the system or facility shall cause any
certificate issued under this subsection to become invalid. The limitations of any certificate issued
under this subsection will be printed thereon.
(3) The
department may deny any application for certification under this subsection if,
in the opinion of the department, approval of the application could adversely
affect the health and safety of the public or the environment.
(4) Application
for certification under this subsection must be accompanied by a $30.00 fee per
certificate requested, payable to the department.
B. The department
may issue certificates, at an equivalent level of certification, without
examination to applicants who hold valid certificates or licenses issued by any
state, territory, or foreign jurisdiction, provided that the requirements for
issuance of such certificates or licenses are, in the opinion of the
department, equal to or higher than those set forth in this part. Application for certification under this
provision must be accompanied by a $30.00 fee per certificate requested,
payable to the department.
[20.7.4.24
NMAC - Rp, 20 NMAC 7.4.204, 1-26-01; A, 11-15-06]
20.7.4.25 RENEWAL
OF CERTIFICATES:
A. All initial
certifications shall expire on the last day of the certificate holder's birth
month following the third anniversary of certification. All renewals shall be for three years. A renewal fee will be payable to the
department for each renewal. Renewal
fees shall be paid for each individual certification and shall be in accordance
with the following fee schedule.
(1) The
renewal fee for SW, SWA, SWW and SWWA certifications shall be $20.00.
(2) The
renewal fee for WS1, WS2, WW1, WW2, WST1, WST2, WWLT1, WWLT2, WWLT3, CS1, CS2,
DS1 and DS2 certifications shall be $25.00.
(3) The
renewal fee for WS3, WW3, WS4, WW4 and DS3 certifications shall be $30.00.
B. The department
shall mail each holder of a certificate a renewal notice at least thirty days
prior to the expiration date, mailed to his last address of record. Failure to receive such notice shall not
relieve the holder of his responsibility to apply for renewal prior to the
expiration date.
C. Each certificate
issued under 20.7.4.24 NMAC must be renewed at three-year intervals.
D. Renewal will
require that each certificate holder be credited with having obtained thirty
training credits in the three-year period preceding the date on which renewal
application is due, except for renewals of WST1 certifications which require
five hours of training credits and WST2 certifications which require ten hours
of training credits. The thirty training
credits must include at least ten training credits for approved training in the
operation and maintenance of the same type of public water supply system or
public wastewater facility as each certificate being renewed.
[20.7.4.25
NMAC - Rp, 20 NMAC 7.4.205, 1-26-01; A, 10-17-01; A, 11-15-06]
20.7.4.26 LAPSED
CERTIFICATES:
A. Certificates,
which have not been renewed in accordance with 20.7.4.25 NMAC, will be
considered lapsed and invalid.
B. Lapsed
certificates may be reinstated without penalty upon application within thirty
days of the date of expiration. A lapsed
certificate which has not been reinstated within the thirty-day period may be
reinstated within one year of expiration date upon reapplication and payment of
a $10.00 per month penalty fee for each month or portion thereof beyond the
expiration date. Reinstatement of lapsed
certificate will also require satisfaction of all the renewal requirements of
20.7.4.25 NMAC.
C. If a lapsed
certificate has not been reinstated within one year of its expiration date,
re-examination will be required for reinstatement. All applicants for
re-examination must meet the requirements of 20.7.4.21 and 20.7.4.22 NMAC of
this part.
[20.7.4.26
NMAC - Rp, 20 NMAC 7.4.206, 1-26-01; A, 11-15-06]
20.7.4.27 SUSPENSION
AND REVOCATION:
A. The department
may suspend or revoke any or all certificate(s) held by a certified operator as
provided for in Section 61-33-7 of the act.
B. In the event of
a contemplated suspension or revocation of a certificate, the department shall
notify the certificate holder by registered mail of the reason for such
action. Within 20 days after receipt of
the notice, the certificate holder may request in writing that a hearing be
held by the department.
C. When the
department contemplates the suspension or revocation of a certificate, the
department shall serve upon the certificate holder a written notice containing
a statement:
(1) that
the department has sufficient evidence which, if not rebutted or explained,
will justify the department in suspending or revoking the certificate;
(2) indicating
the general nature of the evidence;
(3) that
unless the certificate holder within twenty days after service of the notice
deposits in the mail a certified return receipt requested letter addressed to
the department and containing a request for a hearing, the department will take
the contemplated action; and
(4) calling
the certificate holder's attention to their rights under the Uniform Licensing
Act, NMSA 1978, Section 61-1-8.
D. If the
certificate holder does not mail a request for a hearing within the time and in
the manner required by this section, the department may take the action
contemplated in the notice and such action shall be final and not subject to
judicial review.
E. If the
certificate holder does mail a request for a hearing as required by this section,
the department shall, within twenty days of receipt of such request, notify the
certificate holder of the time and place of hearing, the name or names of the
person or persons who shall conduct the hearing for the department and the
statutes and regulations authorizing the department to take the contemplated
action, which hearing shall be held not more than sixty nor less than fifteen
days from the date of service of such notice.
F. Re-issuance of a
revoked certificate shall be accomplished by reapplication as provided for in
an original certificate. Any person
whose certificate is revoked shall be ineligible for admission to any
examination for certification for the entire period of revocation as set by the
department.
G. A certificate
may be suspended for a specified period of time to be determined by the
department.
[20.7.4.27
NMAC - Rp, 20 NMAC 7.4.207, 1-26-01; A, 11-15-06]
20.7.4.28 ELIGIBILITY
FOR OPERATOR TRAINING GRANT FUNDS: Each applicant for operator
training grant funds administered by the department shall.
A. Submit evidence
satisfactory to the department that the recipient of the training:
(1) is
a person who is a candidate for employment as a "certified operator"
as defined under 20.7.4.7 NMAC of this part; or
(2) is
a person in a supervisory role responsible for the management of a public water
supply system or public wastewater facility; or
(3) is
a person who is or will be involved in the instruction of operators.
B. Submit evidence
satisfactory to the department that not less than ten percent of the training
cost is provided by the employer of the utility operator; the cost of per diem
and mileage may not be paid from grant funds but may be accounted in
determining the training cost provided by the employer; and
C. Supply any other
pertinent information deemed necessary by the department.
[20.7.4.28
NMAC - Rp, 20 NMAC 7.4.208, 1-26-01; A, 11-15-06]
20.7.4.29 UTILITY
OPERATORS CERTIFICATION ADVISORY BOARD:
A. Pursuant to
Section 61-33-4(G) of the act, a board shall be appointed by the commission to function
with the commission to establish qualifications of operators, classify systems
and facilities, adopt rules and advise the department on the administration of
the act.
B. The commission
shall properly notify the board of all matters brought before the commission to
which the act is applicable.
C. The board shall
consist of seven certified operators.
The commission shall also appoint two certified operators to serve as
alternates to board members in their absence.
All alternates appointed prior to the effective date of this part will
be allowed to serve out the remainder of their three-year terms.
D. Appointments to
the board shall be for three-year terms. The commission shall appoint new board members
at its first meeting of each fiscal year.
The terms shall overlap so that no more than three terms shall expire in
any one year.
E. At the first
meeting of each fiscal year, the board shall elect from its membership a
chairman, a vice chairman, and two members to sit as commission members on all
matters to which the act is applicable.
F. A quorum shall
consist of a least four members.
G. The duties of
the board shall include:
(1) reviewing
proposed rules, regulations and guidelines regarding the administration of the act
for action by the commission including:
(a) the
basis for classifying public water supply systems and public wastewater
facilities;
(b) qualifications
for the various classifications of operators;
(c) proposing
criteria for the evaluation of the minimum number of certified operators needed
to operate a public water supply system or public wastewater facility; and
(d) developing
criteria for the classification of wastewater laboratory technicians based on
the complexity of analytical work performed;
(2) reviewing
proposed examinations for each level and type of certification;
(3) proposing
criteria for the evaluation of applicant qualifications;
(4) reviewing
applications for issuance of certificates by reciprocity or endorsement;
(5) proposing
criteria for the evaluation of proposed training programs;
(6) making
recommendations to the commission for replacement when a board vacancy occurs;
and
(7) performing
any other function in regard to the act as directed by the commission.
H. Any board member
failing to attend three consecutive regular meetings is automatically removed
as a member of the board. The commission
may remove any member of the board for neglect of any duty required by law, for
incompetence or for unprofessional conduct and shall remove any board member
who violates any provision of the act.
The commission shall fill any vacancies on the board.
[20.7.4.29
NMAC - Rp, 20 NMAC 7.4.209, 1-26-01; A, 11-15-06]
HISTORY
of 20.7.4 NMAC:
Pre-NMAC
History:
WQC 67-2,
Regulations Governing Water Pollution Control in New Mexico, filed 12-5-67
WQC 72-1,
Water Quality Control Commission Regulations, filed 8-4-72
WQC 72-1,
Amendment No. 5, Regulations for the Classification of Utility Systems and
Certification of Utility Operators, filed 3-18-74
WQCC
77-1, Amended Water Quality Control Commission Regulations, filed 1-18-77
WQCC
77-1, Amendment No. 1, filed 9-21-79
WQCC
81-2, Water Quality Control Commission Regulations, filed 6-2-81
WQCC
82-1, Water Quality Control Commission Regulations, filed 8-19-82
WQCC
82-1, Amendment No. 2, filed 10-18-84
WQCC
82-1, Amendment No. 3, filed 7-23-85
WQCC
82-1, Amendment No. 5, filed 5-19-86
WQCC
82-1, Amendment No. 10, filed 7-20-93
WQCC
82-1, Amendment No. 12, filed 9-28-94
History
of the Repealed Material:
20 NMAC
7.4, Wastewater and Water Supply Facilities - Utility Operator Certification,
Repealed effective 1-26-01
Other
History:
WQCC
82-1, Water Quality Control Commission Regulations, Replaced in part by 20 NMAC
7.4, filed 10-25-95