in-20231206-IR-327180365FRA: Adds 327 IAC 5-23 concerning wastewater treatment plant and operator certification requirements. Repeals 327 IAC 5-22. Effective 30 days after filing with the publisher.

Final Rule LSA Document #18-365 DIGEST Sec. 1. (a) This rule applies to the following persons or entities involved in the operation of a wastewater treatment plant: (b) This rule does not apply to the following: Sec. 2. In addition to the definitions in IC 13-11-2 and 327 IAC 5-1.5, the following definitions apply throughout this rule: Sec. 3. A nonindustrial wastewater treatment plant is classified based on the design population equivalent of the plant as follows: Sec. 4. (a) An industrial wastewater treatment plant is classified based on the type of treatment provided, design population equivalent, and the average daily flow as follows: (b) If an industrial wastewater treatment plant has more than one (1) treatment process despite having only one (1) wastewater treatment plant, that industrial wastewater treatment plant is classified into the classification of the most complex component of wastewater treatment performed in relation to the following factors: (c) A wastewater treatment plant using one (1) or more treatment methods not specifically described in subsection (a) or (b) shall be classified by the department based on the treatment technology type and size. Sec. 5. (a) A wastewater treatment plant may be reclassified by the commissioner if any of the following situations exist: (b) When considering reclassification of a wastewater treatment plant, the commissioner shall do the following: (c) The permittee shall notify the commissioner of any significant change or planned change to the wastewater treatment plant or contributing wastestreams that may be cause for a change in classification. Sec. 6. The owner or governing body of a wastewater treatment plant is responsible for the following: Sec. 7. (a) A certified operator in responsible charge shall do the following: (b) A certified operator may be designated as being in responsible charge of more than one (1) wastewater treatment plant if the following requirements are met: (c) An apprentice must not be designated as the certified operator in responsible charge of a wastewater treatment plant. (d) The commissioner may request submission of documentation of the following: (e) If a certified operator in responsible charge of a wastewater treatment plant does not meet the requirements of this section, or if the commissioner identifies concerns with the operation of the wastewater treatment plant under the supervision of the certified operator, the commissioner may initiate an action, including an enforcement action to: Sec. 8. A certified operator may possess a current certification in one (1) or more of the ten (10) classes of certified operators and may operate classifications of wastewater treatment plants as follows: Sec. 9. (a) Educational and experience requirements necessary to become a certified operator in each of the classes of wastewater treatment plants are as follows: (b) In Class III, Class C, Class IV, and Class D wastewater treatment plants, the individual supervising and responsible for a major section of the plant or an operating shift may be credited with experience as responsible charge operator to meet the requirements of subsection (a)(4) and (a)(5). (c) Part-time experience shall be credited at a proportionally lower rate. (d) Educational and experience requirements may be met by substitution of other education or experience in accordance with section 10 of this rule. Sec. 10. (a) The department may make substitutions for education and experience provided in the application if the minimum requirements for the desired classification of operator certification in section 9 of this rule are not met. (b) Education that exceeds the minimum educational requirements can be substituted for the experience requirements in section 9 of this rule. (c) Acceptable experience that exceeds the minimum experience requirements can be substituted for the educational requirement in section 9 of this rule. (d) The department shall consider the following information in determining if a substitution is approvable: (e) In accordance with 327 IAC 8-12-3.2(e), Grade WT 3, Grade WT 4, and Grade WT 5 operators are considered to have met the educational requirements necessary to take the Class A-SO wastewater treatment certification examination. Sec. 11. (a) To become a wastewater treatment plant apprentice, a person must: (b) To be approved to become a wastewater treatment certified operator, a person must: (c) A person may apply for a reciprocal license under section 18 of this rule to become a certified operator. (d) A person may take the wastewater treatment certification examination before obtaining the educational and experience requirements specified in section 9 of this rule and become an apprentice for a specific classification of wastewater treatment plant. Upon passing the examination, the applicant will be issued an apprentice certificate and card which is effective for not more than six (6) years. (e) A person who fails to achieve a minimum passing score on the wastewater treatment certification examination may retake the examination in accordance with the following: (f) An applicant applying to become an apprentice must include the following information and fee on a form approved by the IARA for use by the department: (g) An applicant applying to become a certified operator, or, as an alternative option to subsection (f), an applicant looking to become an apprentice must provide the following information and fee on a form approved by the IARA for use by the department: (h) For certification renewals, the commissioner shall complete the following: (i) To renew a certification card, a certified wastewater treatment plant operator shall: (j) The commissioner shall deny renewal of a certification card that is not renewed within the time limit established in this section and IC 13-18-11-6.5(c). (k) Except for an allowance of up to twelve (12) months from the end date of deployment by the U.S. military, a wastewater treatment plant operator who fails to renew a certificate for more than one (1) year following the expiration date may not receive a renewal certificate without reexamination. (l) A certified operator whose certification has expired may not work as an operator in responsible charge until the certification is renewed or reinstated and effective. Sec. 12. (a) An apprentice is required to fulfill the following requirements to become a certified operator: (b) If an apprentice does not fulfill the requirements of subsection (a) and receive certification as a certified operator within six (6) years, then, to become a certified operator, the apprentice must submit a complete application on a form approved by the IARA for use by the department, as described in subsection (d), to retake the examination and obtain a passing score. (c) Upon receipt of a complete application, the commissioner shall do the following: (d) An apprentice seeking to become a certified operator must complete a form approved by the IARA for use by the department and submit a request for certification to the department with the following information and fee: Sec. 13. (a) The department shall prepare and maintain a standardized examination to reflect the duties and responsibilities required of each classification of wastewater treatment plant operator as follows: (b) A person seeking to take the examination must meet the following requirements: (c) The commissioner shall: (d) An applicant who has received an approval letter to take an examination may submit a written request to the commissioner for a postponement to take the examination as follows: (e) An applicant who has received an approval letter to take an examination is considered to have failed that examination if any of the following occurs: (f) The commissioner shall manage completed examinations as follows: (g) A person previously certified as a wastewater treatment plant operator in accordance with this rule who has failed to meet the renewal requirements in section 11(h) of this rule must fulfill the following to obtain a new certification: (h) A person who was prevented from taking the examination in subsection (g)(2) in a timely manner due to U.S. military deployment may request a waiver from the requirement to retake the examination for a period not to exceed twelve (12) months from the end date of the deployment. (i) A person who obtains a wastewater treatment plant operator certification by reciprocal recognition or a provisional wastewater treatment plant operator certificate in accordance with section 18 of this rule is not required to take an examination. Sec. 14. (a) Prior to receiving a license as a certified operator, an apprentice shall earn cumulative contact hours based on the number of years the apprentice classification is held as follows: (b) Prior to renewing a certification card, a certified operator shall earn the following minimum number of contact hours, including the portion required to be technical contact hours, during the period of time between the effective date and expiration date of the certification: (c) A person having more than one (1) apprenticeship or operator certification may receive contact hours from a single approved continuing education course to be applied to each apprenticeship or operator certification to which the subject matter is applicable. Sec. 15. (a) The commissioner shall only approve continuing education contact hour credit that meets the criteria of: (b) The following procedures apply to a certified operator seeking contact hour credit for a course that is not approved under section 16 of this rule: (c) The commissioner shall not grant credit for a course that has been repeated within a renewal period. (d) A certified operator who is an instructor or speaker at a wastewater treatment continuing education course shall receive the same number of contact hours as the students of the course for not more than one (1) presentation of the training. (e) The commissioner shall not grant partial credit for participation in less than a complete wastewater treatment continuing education course for: (f) As required under subsection (b), the following information must be included on a form approved by the IARA for use by the department: Sec. 16. (a) To obtain approval to provide continuing education credit courses, a training course provider shall meet the following requirements: (b) The training course provider may award contact hours in full or half hour increments based on the length of the instructional session. (c) A training course provider shall generate records of each wastewater treatment continuing education course conducted that include the following: (d) Records required by subsection (c) must be maintained for a four (4) year period following the presentation of each wastewater treatment continuing education course. (e) A training course provider must submit the information required by subsection (c) to the commissioner. Information not included on the form described in subsection (a)(2)(C) must be submitted as a supplement or an attachment to the form within ninety (90) days of the conclusion of the wastewater treatment continuing education course. Sec. 17. (a) A wastewater treatment plant operator certificate: (b) A certification card: (c) To obtain a replacement or duplicate certificate, a certified operator shall submit a written request to the commissioner, including the following information: Sec. 18. (a) The commissioner may issue a certificate to a person from another state or U.S. territory by reciprocity if the requirements of IC 13-18-11-9 are met and the person submits a complete application on a form approved by the Indiana archives and records administration (IARA) for use by the department that includes the following information and fee: (b) For a certification renewal, a person that was issued a certificate through reciprocity must meet the requirements in section 11(h) of this rule in order to renew the certificate in the future, including continuing education requirements. (c) A provisional wastewater treatment plant operator certificate is available in accordance with IC 13-18-11-12 and requires a person to submit an application to the department using the following steps: (d) A person nominated to be a wastewater treatment plant provisional operator must complete a form approved by the IARA for use by the department. The form provided by the department shall require the submittal of the following information and fee: (e) The commissioner shall issue a provisional certificate to the applicant: (f) The provisional certificate must include the following: Sec. 19. (a) The commissioner may suspend or revoke the wastewater treatment certificate of a certified operator or apprentice in accordance with IC 13-18-11-8. (b) During the period of certification suspension or revocation, a wastewater treatment plant operator whose operator certificate has been suspended or revoked may not do the following: (c) A wastewater treatment plant operator or apprentice whose certificate has been suspended may apply for reinstatement in accordance with the following: (d) A wastewater treatment plant operator whose certificate has been revoked may apply to the commissioner for recertification after a five (5) year period has elapsed following the effective date of the revocation. (e) If the commissioner determines that cause exists to allow recertification, the wastewater treatment plant operator must: (f) An apprentice whose certificate has been revoked may apply to the commissioner for a new apprentice certificate after a five (5) year period has elapsed following the effective date of the revocation. (g) If the commissioner determines that cause exists to allow the issuance of a new apprentice certificate, the person must reapply in accordance with section 11 of this rule.