The Director of the Environmental Certification Board is not prohibited from engaging in off-duty employment in the voluntary licensing of water distribution and wastewater collection personnel since his agency does not regulate the voluntary licensees. The Director of the Environmental Certification Board requests an opinion concerning potential off-duty employment. The Board is responsible for certifying individuals who work in water and wastewater treatment facilities, both industrial and municipal.
Certification involves passing an examination and verification of experience.
The Board's Director has proposed contracting with two professional associations to develop and manage a voluntary certification program for water distribution and wastewater collection personnel. The Director would perform the work on off-duty time and would not utilize Board resources. Licensees under the voluntary program will be personnel working in water distribution or wastewater collection as opposed to water and wastewater treatment personnel. The voluntary program will be similar to that administered by the mandatory program , however, the number of certificates will be considerably less than that of the mandatory program. This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation.