SECTIONS 13625-13633 - California Statutes

WATER CODE

SECTION 13625-13633

13625. As used in this chapter unless the context otherwise
requires, the following definitions apply:
(a) "Certificate" means a certificate of competency issued by the
state board stating that the supervisor or operator has met the
requirements for a specific classification in the certification
program.
(b) "Wastewater treatment plant" means any of the following:
(1) Any facility owned by a state, local, or federal agency and
used in the treatment or reclamation of sewage or industrial wastes.
(2) Any privately owned facility used in the treatment or
reclamation of sewage or industrial wastes, and regulated by the
Public Utilities Commission pursuant to Sections 216 and 230.6 of,
and Chapter 4 (commencing with Section 701) of Part 1 of Division 1
of, the Public Utilities Code.
(3) Any privately owned facility used primarily in the treatment
or reclamation of sewage for which the state board or a regional
board has issued waste discharge requirements.
(c) "Operator" means any person who operates a wastewater
treatment plant.
(d) "Supervisor" means any person who has direct responsibility
for the operation of a wastewater treatment plant or who supervises
any operators of a wastewater treatment plant.

13625.1. (a) The state board may exempt from the requirements of
this chapter any facility that is classified as a Class 1 plant by
the state board under Section 3675 of Title 23 of the California Code
of Regulations, and the facility could not, due to operator error,
violate water quality objectives.
(b) An exemption granted pursuant to this section is valid for
four years, and may be renewed by the state board upon request.
(c) The state board may condition an exemption under this section,
and the exemption may be terminated at any time by the board.
(d) The state board may charge a reasonable administrative fee for
processing a facility's original or renewal application for
exemption.

13626. The state board shall classify types of waste water
treatment plants for the purpose of determining the levels of
competence necessary to operate them. The state board shall adopt
regulations setting forth the types of plants and the factors on
which the state board based its classification.

13627. (a) Supervisors and operators of those wastewater treatment
plants described in paragraph (1) or (2) of subdivision (b) of
Section 13625 shall possess a certificate of appropriate grade.
Subject to the approval of regulations by the state board,
supervisors and operators of those wastewater treatment plants
described in paragraph (3) of subdivision (b) of Section 13625 shall
possess certificates of the appropriate grade. All certificates shall
be issued in accordance with, and to the extent recommended by the
advisory committee and required by, regulations adopted by the state
board. The state board shall develop and specify in its regulations
the training necessary to qualify a supervisor or operator for
certification for each type and class of plant. The state board may
accept experience in lieu of qualification training. For supervisors
and operators of water recycling treatment plants, the state board
may approve use of a water treatment plant operator of appropriate
grade certified by the State Department of Public Health pursuant to
Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of
Division 104 of the Health and Safety Code in lieu of a wastewater
treatment plant operator certified by the state board, provided that
the state board may refuse to approve use of an operator certified by
the department or may suspend or revoke its approval of the use of
an operator certified by the department if the operator commits any
of the prohibited acts described in Article 7 (commencing with
Section 3710) of Chapter 26 of Division 3 of Title 23 of the
California Code of Regulations.
(b) The regional water quality control board, with jurisdiction
for issuing and ensuring compliance with applicable water reclamation
or waste discharge requirements, shall notify the department in
writing if, pursuant to an inspection conducted under Section 13267,
the regional board makes a determination that there are reasonable
grounds for not issuing, or for suspending or revoking, the
certificate of a certified water treatment plant operator who is
operating or supervising the operation of a water recycling treatment
plant. The department shall make its determination regarding the
issuance, suspension, or revocation of a certificate in accordance
with Section 106876 of the Health and Safety Code.
(c) For purposes of this section, "water recycling treatment plant"
means a treatment plant that receives and further treats secondary
or tertiary effluent, or both, from a wastewater treatment plant.
(d) A person employed as a wastewater treatment plant supervisor
or operator on the effective date of regulations adopted pursuant to
this chapter shall be issued an appropriate certificate if the person
meets the training, education, and experience requirements
prescribed by regulations.
(e) The state board may refuse to grant, suspend, or revoke any
certificate issued by the state board to operate a wastewater
treatment plant, or may place on probation, or reprimand, the
certificate holder upon any reasonable ground, including, but not
limited to, all of the following reasons:
(1) Submitting false or misleading information on an application
for a certificate.
(2) The employment of fraud or deception in the course of
operating the wastewater treatment plant.
(3) A certificate holder's failure to use reasonable care or
judgment in the operation of the plant.
(4) A certificate holder's inability to perform operating duties
properly.
(5) Willfully or negligently violating, or causing, or allowing
the violation of, waste discharge requirements or permits issued
pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec.
1251 et seq.).
(f) The state board shall conduct all proceedings for the refusal
to grant a certificate, and suspension or revocation of a
certificate, pursuant to subdivision (e), in accordance with the
rules adopted pursuant to Section 185.

13627.1. (a) Any person who operates a wastewater treatment plant
who does not hold a valid, unexpired certificate of the appropriate
grade issued pursuant to this chapter is guilty of a misdemeanor and
may be liable civilly in an amount not to exceed one hundred dollars
($100) for each day of violation.
(b) Any person or entity that owns or operates a wastewater
treatment plant that employs, or allows the employment of, any person
as a wastewater treatment plant operator who does not hold a valid
and unexpired certificate of the appropriate grade issued pursuant to
this chapter is guilty of a misdemeanor and may be liable civilly in
an amount not to exceed one hundred dollars ($100) for each day of
violation.
(c) Any person who commits any of the acts listed in paragraph
(2), (3), or (5) of subdivision (e) of Section 13627 or paragraph (3)
or (5) of subdivision (c) of Section 13627.3, or who engages in
dishonest conduct during an examination for certification, may be
liable civilly in an amount not to exceed five thousand dollars
($5,000) for each violation.

13627.2. Any person who submits to the state board false or
misleading information on an application for a certificate or on an
application for registration may be liable civilly in an amount not
to exceed five thousand dollars ($5,000) for each violation.

13627.3. (a) Any person or entity that contracts with the owner of
a wastewater treatment plant to operate that plant shall register
with the state board, and shall, within a year after the registration
or the renewal of the registration, and annually thereafter, prepare
and submit to the state board a report with all of the following
information:
(1) The name and address of the person or entity.
(2) The name and address of the wastewater treatment plants which
the person or entity operates, or has operated during the preceding
year, and the name of the applicable regional board which oversees
each wastewater treatment plant.
(3) The name and grade of each wastewater treatment plant operator
employed at each plant.
(4) Other information which the state board requires.
(b) The state board shall, by regulation, prescribe the
procedures, and requirements for, registration pursuant to
subdivision (a).
(c) The state board may refuse to grant, and may suspend or
revoke, any registration issued by the state board pursuant to this
section for good cause, including, but not limited to, any of the
following reasons:
(1) The submission of false or misleading information on an
application for registration.
(2) Employment of a person to operate a wastewater treatment plant
who does not hold a valid, unexpired certificate of the appropriate
grade.
(3) Willfully or negligently causing or allowing a violation of
waste discharge requirements or permits issued pursuant to the Clean
Water Act (33 U.S.C. Sec. 1251 et seq.).
(4) Failure to meet the registration requirements prescribed by
the state board pursuant to subdivision (b).
(5) Failure to use reasonable care in the management or operation
of the wastewater treatment plant.
(d) The state board shall conduct all proceedings relating to the
refusal to grant, or the suspension or revocation of, registration
pursuant to subdivision (c) in accordance with the rules adopted
pursuant to Section 185.
(e) The state board shall establish a fee schedule to pay for its
costs to implement this section.
(f) Any person or entity that fails to comply with subdivision (a)
is guilty of a misdemeanor and may be civilly liable in an amount
not to exceed one thousand dollars ($1,000) for each day of the
violation.

13627.4. (a) The state board may administratively impose the civil
liability described in Section 13627.1, 13627.2, or 13627.3 in
accordance with Article 2.5 (commencing with Section 13323) of
Chapter 5.
(b) A remedy under this chapter is in addition to, and does not
supersede or limit, any other remedy, civil or criminal, except that
liability is not recoverable against an operator under subdivision
(c) of Section 13627.1 for a violation for which liability is
recovered against the operator under Section 13350 or 13385.

13627.5. (a) Any operator employed at a wastewater treatment plant
described in paragraph (3) of subdivision (b) of Section 13625 shall
pass any written examination that may be administered by the state
board. Upon passage of the examination, the operator shall be
credited with one year of experience for purposes of operator
certification.
(b) The state board may charge a reasonable fee for administering
this section.

13628. Certificates issued pursuant to this chapter shall be
renewed biennially, subject to compliance by applicants with renewal
requirements prescribed by regulations. Fees shall be payable to the
state board at the time of issuance of a certificate and at the time
of renewal. The state board shall establish a fee schedule to provide
revenues to cover the cost of this program.

13628.5. (a) The Wastewater Operator Certification Fund is hereby
created in the State Treasury.
(b) Beginning July 1, 2010, the fees collected pursuant to Section
13627.5 or 13628 shall be deposited in the Wastewater Operator
Certification Fund.
(c) The state board may expend the moneys in the Wastewater
Operator Certification Fund, upon appropriation by the Legislature,
for purposes of administering this chapter.

13629. The state board may approve courses of instruction at higher
educational institutions which will qualify operators for each grade
of certification. The state board shall also approve courses of
instruction given by professional associations, or other nonprofit
private or public agencies which shall be deemed equivalent to
courses of instruction given by higher educational institutions.

13630. The state board is the state agency which is authorized to
represent the state and its local governmental agencies in
administering any federal or state funds available for wastewater
treatment plant operator training. The state board may provide
technical and financial assistance to organizations providing
operator training programs.

13631. Prior to adopting or amending any regulations or approving
any courses for operator training, the state board shall appoint an
advisory committee to assist it in carrying out its responsibilities
under this chapter.

13632. The advisory committee appointed pursuant to Section 13631
shall consist of the following:
(a) Two persons from a statewide organization representing waste
water treatment plant operators and supervisors, who shall be
employed in a waste water treatment plant as an operator or
supervisor.
(b) Two persons from statewide organizations representing
municipalities, including counties or private utility waste water
treatment plants.
(c) Two persons from statewide organizations representing local
sanitation agencies, other than agencies specified in subdivision
(b).
(d) One person who is a professional engineer specializing in
sanitary engineering.
(e) One person from a university or a state university school or
division of engineering.
(f) One person who is a member of an organized labor union which
represents waste water treatment plant operators.

13633. The advisory committee shall review all proposed regulations
and make recommendations to the state board prior to adoption of any
regulations or amendments thereto.