# Presentation: 710531

## Wastewater Treatment Plant Operator Regulations Update

- RTOC Tribal Caucus Meeting
- July 25, 2007
- Temecula, CA

## Tribal OperatorsCurrent Situation

- Many tribal operators have met State Water Board’s education and examination requirements, but cannot satisfy experience requirement.
- Under current statutes and regulations, Office of Operator Certification (OOC) cannot give experience credit to operators at tribal facilities
- Tribal facilities do not meet definition of a “wastewater treatment plant”
- Qualifying experience is the time working at a wastewater treatment plant
- Some tribal operators have obtained State Water Board certification by acquiring experience at wastewater treatment plants.

## Consequences

- Tribes have difficulty attracting certified or registered operators because experience at tribal facilities does not count toward certification
- Skilled tribal operators lose opportunities because their experience at tribal facilities does not count.
- Unequal and Unfair

## Common Interests

- Tribes/EPA/State Water Board share interest in ensuring that tribal facilities have qualified operators to protect public health and the environment.
- Tribal operators provide additional labor for California facilities and tribal facilities will be better able to attract outside operators.
- Basic fairness.
- Everyone shares the same desire; it’s just a matter of overcoming some legal hurdles.

## Solution 

- New definitions for “Indian tribe” and “Certifying body”
- Indian tribe is recognized and eligible to receive services from US and included on list published by BIA
- Certifying body is another state, a territory, or Indian tribe, or unit thereof, that certifies or registers operators of facilities that treat wastewater.  Includes entities designated by an Indian tribe to administer the tribe’s program.
- “Qualifying experience credit”
- Award qualifying experience credit for operating a facility that treats wastewater but is not defined as a wastewater treatment plant.  Once awarded, qualifying experience credit is equivalent to qualifying experience.  (Section 3684(d))
- Operator must hold a valid, unexpired certificate of the appropriate grade issued by a certifying body.

## Solution Continued 

- “Examination waiver” replaces “Reciprocity” (Section 3689)
- Applicable for all grades levels
- Experience, education, and exam requirement comparable to OOC’s
- Applicant meets minimum education and experience
- Applicant has passed a comparable exam
- Applicant completes application and pays fees
- Qualifying Experience Credit and Examination Waiver provide a means of recognizing experience gained at tribal facilities.

##  Tentative Schedule 

**Winter 2006** – Drafting
**Spring/Summer 2007** – Stakeholder Input/Internal Review/Approval of Draft Regulations
**Fall 2007/Winter 2008** – Public Review/Comment of Draft Regulations
**Spring 2008** – Response to Comments and Preparation of Final Regulations
**Summer 2008** – New Regulations in Effect

## Contact Information

- For questions or comments about the draft regulations:
- Richard Wong at _[rwong](mailto:rwong@waterboards.ca.gov)__[@](mailto:rwong@waterboards.ca.gov)__[waterboards](mailto:rwong@waterboards.ca.gov)__[.ca.](mailto:rwong@waterboards.ca.gov)__[gov](mailto:rwong@waterboards.ca.gov)_ or* *(916) 341- 5811
- For questions or comments about certification of tribal operators:
- Kari Schumaker at _[kschumaker](mailto:kschumaker@waterboards.ca.gov)__[@](mailto:kschumaker@waterboards.ca.gov)__[waterboards](mailto:kschumaker@waterboards.ca.gov)__[.ca.](mailto:kschumaker@waterboards.ca.gov)__[gov](mailto:kschumaker@waterboards.ca.gov)_ or (916) 341-7388
- For questions or comments about the Office of Operator Certification:
- Sudhakar Talanki at _[stalanki](mailto:stalankir@waterboards.ca.gov)__[@waterboards.ca.gov](mailto:stalankir@waterboards.ca.gov)_ or (916) 341-5434 or Christopher Stevens at _[cstevens@waterboards.ca.gov](mailto:cstevens@waterboards.ca.gov)_ or (916) 341-5698