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ORR # 2001-080
DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL ASSISTANCE DIVISION SEWERAGE SYSTEMS
Filed with the Secretary of State on February 19, 2003
These rules take effect 7 days after filing with the Secretary of State.
(By authority conferred on the Department of Environmental Quality by section 4104 of Act No. 451 of the Public Acts of 1994, as amended, section 33 of Act No. 306 of the Public Acts of 1969, as amended, and Executive Reorganization Order Nos. 1973-2 and 1973-2a, being SS324.4104, 24.233, and 299.111 of the Michigan Compiled Laws, respectively) R 299.2903 to R 299.2924, R 299.2926, and R 299.2927 of the Michigan Administrative Code, are amended and R 299.2925 is added to the Code, to read as follows:
PART 1. GENERAL PROVISIONS
R 299.2903 Definitions.
Rule 3. As used in these rules:
(a) "Act" means 1994 PA 451, MCL 324.101 et seq.
(b) "Board" means the board of certification authorized by R 299.2916.
(c) “Certificate” means a document that is issued by the department to a person who meets specific qualification requirements specified in these rules, qualifying the person as a certified operator.
(d) "Department" means the director of the Department of Environmental Quality or his or her designee.
(e) "Division" means the appropriate division of the department as delegated by the director.
(f) "Governmental agency" means a city, village, township, county, metropolitan district, other unit of government, or officers of the entities specified in this subdivision.
(g) "Operator" means an individual who works in a treatment facility and who has some responsibility for the operation of the facility.
(h) "Person" means an individual, partnership, association, corporation, or any governmental agency.
(i) “Renewal cycle” means the period of time from the issuance date to the expiration date stated on a certificate or a replacement certificate.
(j) “Replacement certificate” means a certificate issued to an individual who holds a valid certificate issued before the effective date of these amendatory rules.
(k) "Sewerage system" means a sewer system and treatment facility that are used to collect, transport, and treat domestic and industrial wastes.
(l) "Sewer system" means the pipes, channels, conduits, manholes, pumping stations, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of collecting, conveying, or transporting domestic and industrial wastes to a treatment facility.
(m) "Superintendent" means an individual who is in charge of and responsible for the operation of a treatment facility and in whom is vested the authority and responsibility for the establishment and execution of specific practices and procedures controlling the operations of the treatment facility in accordance with the policies of the owner of the facility and the department.
(n) ”Treatment facility" means structures, equipment, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of treating or otherwise handling domestic and industrial wastes.
(o) "Treatment works” means a treatment facility.
R 299.2905 Rescission.
Rule 5. The following rules are rescinded: (a) R 325.461
(b) R 325.1121 to R 325.1128
PART 2. TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION
R 299.2911 Initial treatment facility classification.
Rule 11. (1) Except as provided for in subrules (3) and (4) of this rule, treatment facilities shall be classified by the department into 4 classes, designated as Class A, B, C, or D, with Class A being the highest. The classifications shall be based on population served, the type of treatment facility, the character and volume of wastes to be treated, and the use and nature of the waters of the state receiving the effluent thereof. Treatment facilities classified according to the population criteria in subrule (2) of this rule may be placed in a higher classification by the department, by reason of the incorporation in the treatment facility of special features of design, or characteristics more difficult to operate than usual, or by reasons of a particularly difficult type of sewage or by reason of particular stream conditions or combinations thereof.
(2) One of the following minimum classifications shall be assigned to each treatment facility that serves the public:
(a) Class A, treatment facilities serving or designed to serve a population of 50,000 or more persons.
(b) Class B, treatment facilities serving or designed to serve a population of 10,000 or more, but less than 50,000, persons.
(c) Class C, treatment facilities serving or designed to serve a population of 2,000 or more, but less than 10,000, persons.
(d) Class D, treatment facilities serving or designed to serve a population of less than 2,000 persons.
(3) Treatment facilities utilizing the waste stabilization lagoon process shall be classified by the department into one of the 2 following classes, designated as class L2 and L1:
(a) Class L2, treatment facilities utilizing the waste stabilization lagoon process which include special mechanical devices such as aerators, chemical precipitation, disinfection, or other factors. Class L2 shall be considered a higher classification than class L1.
(b) Class L1, treatment facilities utilizing the waste stabilization lagoon process which do not include special mechanical devices such as aerators, chemical precipitation, disinfection, or other factors.
(4) Treatment facilities that require minimal operation and control, and serve a population of less than 1000 persons may be classified by the department as a special classification, designated as class SC. Such treatment facilities include, but are not limited to, septic tank and tile field systems, and recirculating sand filters.
R 299.2912. Treatment facility classification changes.
Rule 12. (1) When 1 or more of the conditions described by subrule (2) of this rule exist or are imminent, the department may change the classification of a treatment facility after notice and opportunity for hearing on the proposed action not less than 60 days before the classification change. Hearings conducted by the department pursuant to this subrule shall be undertaken according to hearing procedures prescribed by part 5.
(2) The department may change the classification of a treatment facility upon finding that any of the following or any combination has occurred or is expected to occur within 60 days:
(a) The population being served by the treatment facility has changed.
(b) There has been incorporated within the treatment facility special features of design or characteristics which render the treatment facility more difficult to operate.
(c) Certain wastes are being treated within the treatment facility that require special treatment facility design or operation procedures.
(d) Conditions of flow or use of the receiving waters require an unusually high degree of treatment facility operational control.
R 299.2916. Board of certification; appointments.
Rule 16. The department shall appoint a board of certification which shall consist of 5 members, of whom 1 shall be a class A certified operator, 1 shall be a qualified engineer registered in the state knowledgeable in the operation and maintenance of treatment works, 1 shall be a staff member of the department, 1 shall be a municipal official, and 1 shall be a member at large. As the term of a member of the board of certification expires, the department shall appoint a member to the vacancy for a 3-year term. The department may appoint a member to a shorter term when filling a vacancy created when a member vacates the position before the end of the term.
R 299.2917 Board of certification; duties and responsibilities.
Rule 17. (1) The board shall advise the department in the examination of persons applying for certification, as set forth in R 299.2918(1). The board shall meet at least twice each year at such times and places as it may designate. The board shall do all of the following:
(a) Advise the department when it considers additional education or experience as adequate substitution for other requirements, as set forth in R 299.2918(2).
(b) Advise the department in evaluating applications for examinations, as set forth in R 299.2920(2).
(c) Review and provide comment to the department on the substance of the examinations, as set forth in R 299.2922(1).
(d) Provide recommendations to the department on the issuance or denial of certificates following the examination process, as set forth in R 299.2924(1).
(e) Provide recommendations to the department on the issuance or denial of a certificate or a temporary certificate following the evaluation of certification received from another state, territory, or possession of the United States, or any country as set forth in R 299.2924(2) and (3).
(f) Evaluate and approve or disapprove continuing education training courses, decide their hour value, and categorize them, as set forth in R 299.2925(5).
(g) Comment to the department regarding probation of a certified operator or the suspension or revocation of a person’s certificate, as set forth in R 299.2926.
(2) Members of the board shall not be compensated, but shall be entitled to all actual and necessary expenses in the performance of their official duties according to the rates established by the latest edition of the standard travel regulations of the state.
(3) Three members of the board constitute a quorum.
R 299.2918 Operator certification; minimum requirements.
Rule 18. (1) Certification shall require written examination conducted by the department, with the advice of the board, according to 1 or more of the following classifications based upon minimum education and experience qualifications:
(a) Class A. To be eligible to write the examination for a Class A certificate, the applicant shall satisfy all of the requirements in either paragraph (i) or (ii) of this subdivision, as follows:
(i) The applicant shall comply with all of the following requirements:
(a) Possess a college degree with sufficient engineering or allied subjects to understand the mechanics, electronics, and hydraulics of a complex treatment facility.
(b) Possess a Class B certificate.
(c) Have 4 years of acceptable experience in the operation of a Class B or higher treatment facility, 2 years of which shall have been in a supervisory position or a position of major operational responsibility.
(ii) The applicant shall comply with all of the following requirements:
(a) Have completed 2 years of a standard college curriculum in engineering or allied field with sufficient subjects to understand the mechanics, electronics, and hydraulics of a complex treatment facility.
(b) Possess a Class B certificate.
(c) Have 6 years of acceptable experience in the operation of a Class B or higher treatment facility, 2 years of which shall have been in a supervisory position or a position of major operational responsibility.
(b) Class B. To be eligible to write the examination for a Class B certificate, the applicant shall comply with all of the following requirements:
(i) Have completed 1 year of college or its equivalent with sufficient subjects to aid in the understanding of the mechanics, electronics, and hydraulics of a treatment facility.
(ii) Possess a Class C certificate.
(iii) Have 4 years of acceptable experience in the operation of a treatment facility of Class C or higher, 2 years of which shall have been in a supervisory position or a position of major operational responsibility.
(c) Class C. To be eligible to write the examination for a Class C certificate, the applicant shall comply with all of the following requirements:
(i) Have completed high school or its equivalent.
(ii) Possess a Class D certificate.
(iii) Have 2 years of acceptable experience in the operation of a Class D or higher treatment facility.
(d) Class D. To be eligible to write the examination for a Class D certificate, the applicant shall comply with both of the following requirements:
(i) Have completed high school or its equivalent.
(ii) Have 1 year of acceptable experience in the operation of a Class D or higher treatment facility.
(e) Class L2. To be eligible to write the examination for a Class L2 certificate, the applicant shall comply with both of the following requirements:
(i) Have completed high school or its equivalent.
(ii) Have 1 year of acceptable experience in the operation of a Class L2 lagoon system.
(f) Class L1. To be eligible to write the examination for a Class L1 certificate, the applicant shall comply with both of the following requirements:
(i) Have completed high school or its equivalent.
(ii) Have completed 1 year of acceptable experience in the operation of a Class L1 or Class L2 lagoon system.
(g) Class SC. To be eligible to write the examination for a Class SC certificate, the applicant shall comply with both of the following requirements:
(i) Have completed high school or its equivalent.
(ii) Have completed 1 year of acceptable experience in the operation of a Class SC type facility.
(2) Additional education or experience of an applicant may be substituted by the department, with the advice of the board, for meeting the minimum qualifications prescribed in subrule (1) of this rule.
R299.2920 Application for Examination.
Rule 20. (1) The department shall schedule at least 1 examination per year. The department shall make public the dates for examinations not less than 90 days before the dates set for the examinations.
(2) An individual desiring to be certified as in charge of and responsible for the operation of a treatment facility shall file with the department, not less than 45 days before an examination date announced by the department, an application for examination and certification on a form prepared and provided by the department. The information contained on the application shall be evaluated by the department and the information shall constitute a part of the examination.
(3) The department shall notify the applicants of their acceptance for examination and the time and place of the examination not less than 15 days before the date of examination.
R 299.2922 Examination procedures.
Rule 22. (1) Examinations for operator certification shall be prepared by the department, taking into account board review and comment. The examinations shall include, but not be limited to, the following 3 parts:
(a) An evaluation of the educational qualifications of the applicant.
(b) An evaluation of the experience qualifications of the applicant.
(c) A written examination on the general subject of treatment facility operation in any or all of its phases.
(2) An applicant shall not be admitted to the written examination unless he or she meets the minimum requirements prescribed in R 299.2918.
(3) Separate examinations for each class shall be prepared by the department to encompass basic differences in the duties and responsibilities of operators, types of treatment facilities, variations in wastewater quality, conditions of receiving waters, and such other factors as the department determines.
R 299.2923 Examinations; grading; notification; repeating exam.
Rule 23. (1) The minimum passing grade for the written examination is 70%.
(2) The department or others designated by it shall grade each examination.
(3) The results of each applicant’s examination shall be mailed to that applicant by the department within 60 days after the date of the written examination.
(4) Applicants who fail to pass a written examination may repeat the examination at any subsequent, regularly scheduled examination by submitting an application as prescribed by R 299.2920.
R 299.2924 Operator certificates; issuance.
Rule 24. (1) Following examination, the department shall issue or deny a certificate for each applicant, taking into account the recommendation of the board. Each certificate shall indicate the class of treatment facility or facilities for which the certified operator is entitled to assume responsible charge.
(2) An operator in another state, a territory or possession of the United States, or another country who holds an operator certificate may apply for reciprocity in obtaining a certificate under this part. When an application for reciprocity is received, the department may do either of the following:
(a) Issue a certificate in a comparable classification without examination, if the requirements for certification of operators under which the certificate was issued are comparable to the requirements prescribed by this part.
(b) Issue a temporary certificate in a comparable classification without examination which shall expire at such time as the individual has an opportunity to obtain the results from taking the next available equivalent Michigan certification examination, but shall not be for more than 18 months. If the individual fails the equivalent Michigan certification exam, he or she is not eligible for any additional temporary certification.
(3) A certificate, other than a replacement or temporary certificate, shall be issued for a period of not less than 36, nor more than 39, months. A certificate that is not renewed shall expire.
R 299.2925 Replacement certificates; renewal requirements; expiration; reinstatement.
Rule 25. (1) All certificates issued before the effective date of these amendatory rules expire 1 year after the effective date of these amendatory rules.
(2) An individual who has been issued a certificate before the effective date of these amendatory rules pursuant to the provisions of section 4104 of the act; and who submits to the department, within 10 months after the effective date of these amendatory rules, a completed application on a form provided by the department, shall be issued a replacement certificate at his or her current classification by the department. A replacement certificate may be issued for a term of not less than 3, nor more than 4 ½, years.
(3) To renew a certificate, a certified operator shall submit to the department an application for renewal on a form provided by the department.
(4) A certified operator shall be responsible for making application to renew a certificate regardless of lack of notification by the department.
(5) The board shall evaluate and either approve or disapprove continuing education training and determine the continuing education training hour value. All continuing education training approved by the board shall relate to the duties, responsibilities, operation, maintenance, or supervision of a sewerage system. The board shall categorize all continuing education training as technical, managerial, or other.
(6) To renew an A or B certificate, the certified operator shall have completed, during the renewal cycle, not less than 24 hours of board-approved continuing education training. Not less than 6 hours of the training shall be technical training and not less than 6 hours of the training shall be managerial training. To renew a Class C, D, L2, or L1 certificate, the certified operator shall have completed, during the renewal cycle, not less than 12 hours of board-approved continuing education training. For Class C certification renewal, no more than 6 hours of training in the non-managerial, non-technical category may be used to meet the continuing education requirement.
(8) Individuals holding more than 1 certification need only meet the higher continuing education training requirement of the certifications held.
(9) Types of continuing education training programs that may be approved include, but are not limited to, the following:
(a) Programs sponsored by any of the following entities:
(i) Governmental agencies.
(ii) Professional and trade organizations.
(b) Home study courses and correspondence courses that have independent verification of successful completion.
(c) Technical courses conducted by private contractors.
(d) University, college, and community college courses.
(e) Training programs sponsored by the department and the U.S. Environmental Protection Agency.
(f) Training sponsored by nationally recognized organizations.
(10) The department shall issue renewal certificates to certified operators who verify to the department that they have successfully complied with the continuing education training requirements.
(11) A certified operator shall keep his or her own record of approved continuing education training and present proof of the training upon application for renewal and at any time subsequent to being issued a certificate.
(12) A certified operator who is not eligible for renewal pursuant to the provisions of this rule may apply for examination pursuant to the provisions of R 299.2920.
(13) A Class A or B certified operator who has not met the continuing education training requirements of subrule (6) of this rule may request issuance of a Class C or D certificate for which the requirements have been met.
(14) A certified operator whose certificate has expired may apply for examination at the level equal to or less than the level of the valid certificate previously held pursuant to the provisions of R 299.2920.
(15) The department may reinstate an expired certificate within 1 year from the expiration date of the certificate when an individual has completed the necessary continuing education training requirements as prorated from the certificate’s expiration date.
R 299.2925a Restricted certificates for existing operators.
Rule 25a. (1) The owner of a treatment facility reclassified as a result of these rules shall notify the department of all certified operators currently employed by the owner. Such notification shall be made within 90 days after notification by the department that the system has been reclassified or within 2 years from the effective date of these rules.
(a) To the operator or operators identified in subrule (1) of this rule as holding a Class L certificate, the department shall issue a Class L1 replacement certificate.
(b) To the operator or operators identified in subrule (1) of this rule as holding certificates other than a Class L certificate, the department shall issue site specific, restricted certification.
R 299.2926 Operator certificates; probation; revocation; suspension.
Rule 26. (1) Following a review and comment by the board, the department may place on probation, suspend, or revoke the certificate of a certified operator who is adjudged incompetent or unable to properly perform the duties of certified operator in his or her classification, or who has practiced fraud or falsification, or who has been negligent in the discharge of his or her duties or responsibilities. Notice of suspension or revocation shall be provided, by the department, in writing to the certified operator and the owner of the treatment facility.
(2) The department shall not accept an application for examination during the time period of suspension for a certified operator whose certificate has been suspended.
(3) The department may renew a suspended certificate if the applicant meets all renewal requirements. The renewal shall not affect the terms of suspension.
(4) The department shall not accept an application for examination from an individual who has had a certificate revoked, for a period of 5 years from the effective date of the revocation of the certificate. After 5 years, the department may accept an application submitted by an individual who has had a certificate revoked to write an examination at the level previously held.
R 299.2927 Appeals.
Rule 27. (1) A person who is aggrieved by any action under these rules, or who wishes to appeal any other action with respect to his or her certification, shall have an opportunity for a hearing before the department.
(2) A hearing conducted under this rule shall be conducted in accordance with R 299.2971 to R 299.2974.
