California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 26 - Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration › Article 9 - Administrative Civil Liability, Disciplinary Action, Appeal, and Petition Process › Section 3710 - Grounds for Disciplinary Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State Water Board may refuse to grant, suspend, or revoke an operator,
				  provisional operator, or operator-in-training certificate or may reprimand or
				  place on probation an operator, provisional operator, or operator-in-training
				  upon any reasonable ground, including performing, or allowing or causing
				  another to perform, any of the following acts:
(1) willfully or negligently violating,
				  causing, or allowing a violation of this chapter;
(2) without regard to intent or negligence,
				  operating or allowing the operation of a wastewater treatment plant by a person
				  who is not certified at a grade level necessary for the position or whose
				  operator, provisional operator, or operator-in-training certificate has
				  expired;
(3) submitting false or
				  misleading information on any document provided to State Water Board staff
				  including applications for examination, certification, renewal, or
				  reinstatement, or providing false or misleading information to State Water
				  Board staff during an investigation of a possible violation of this
				  chapter;
(4) engaging in dishonest
				  conduct during an examination or violating confidentiality of examination
				  questions;
(5) using fraud or
				  deception in the course of employment as an operator, provisional operator, or
				  operator-in-training;
(6) failing
				  to use reasonable care or good judgment in the course of employment as an
				  operator, provisional operator, or operator-in-training or failing to apply
				  knowledge or ability in the performance of duties;
(7) willfully or negligently violating,
				  causing, or allowing the violation of waste discharge requirements;
(8) failing to notify, as required by section
				  3682.6,
				  3683.4, or
				  3702.5, the Office of Operator
				  Certification within 30 days of the date that a certifying body or court, for
				  any act associated with performing duties at a facility that treats wastewater
				  in a state other than California, in a territory, or on land under the
				  jurisdiction of an Indian tribe, provided the duties are comparable to the
				  duties of an operator or contract operator at a wastewater treatment plant,
				  takes one of the following final actions: discipline by a certifying body;
				  imposition of administrative civil liability; or imposition of civil or
				  criminal liability;
(9) without
				  regard to intent or negligence, operating a wastewater treatment plant without
				  posting a valid operator, provisional operator, or operator-in-training
				  certificate as required by section
				  3703; or
(10) committing any act that is a reasonable
				  ground for disciplinary action pursuant to this chapter if the act is
				  associated with performing duties at a facility that treats wastewater in a
				  state other than California, in a territory, or on land under the jurisdiction
				  of an Indian tribe, provided the duties are comparable to the duties of an
				  operator or contract operator at a wastewater treatment plant and the act would
				  be a reasonable ground for a disciplinary action pursuant to this chapter if
				  associated with performing duties at a wastewater treatment
				  plant.