Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-602 - WATER OR DOMESTIC WASTEWATER TREATMENT PLANT OPERATORS AND DISTRIBUTION SYSTEM OPERATORS › Section 62-602.850 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
When the Department finds that a person who is subject to
				  regulation under Sections
				   403.865 through
				   403.876, F.S., has violated any
				  of the provisions set forth in Rule
				   62-602.800 or
				   62-602.870, F.A.C., or Sections
				   403.865 through
				   403.876, F.S., it shall issue an
				  administrative order imposing appropriate penalties for each count within the
				  ranges recommended in the following disciplinary guidelines:
(1) Performing the duties of an operator
				without an active license. The recommended penalty is an administrative fine of
				a minimum of $100 for each month of performance, up to a maximum of $1,
				000.00.
(2) Use of the name or
				title "water treatment plant operator, " "domestic wastewater treatment plant
				operator, " or "water distribution system operator, " or any other words,
				letters, abbreviations, or insignia indicating or implying that a person is a
				licensed operator, or otherwise holds himself out as an operator, unless the
				person is a holder of a valid license. The recommended penalty is an
				administrative fine of a minimum of $250.00, up to a maximum of $1,
				000.00.
(3) Knowingly allowing the
				use or failing to report the use of his or her own license, as the license of
				another. The recommended penalty is from a minimum of a 1 year suspension, up
				to a maximum of revocation of the operator's license.
(4) Knowingly or negligently submitting
				misleading, false, inaccurate, or forged information or evidence to the
				Department. The recommended penalty for an applicant not already licensed as an
				operator is denial of the application and prohibition of reapplication from a
				minimum of 2 years, up to a maximum of 3 years. The recommended penalty for an
				operator shall be revocation of the operator's license and prohibition of
				reapplication for a minimum of 2 years, up to a maximum of permanent revocation
				of the operator's license.
(5)
				Using or attempting to use a license that has been suspended, revoked, or
				placed on inactive status. The recommended penalty for practicing on an
				inactive license is a fine of $100.00 for each month of practice up to $1,
				000.00. The recommended penalty for practicing on a suspended license is from a
				minimum of a $1, 000.00 fine, up to a maximum of an additional 1 year
				suspension. The recommended penalty for practicing on a revoked license is
				denial of application for license for a minimum of 3 years, up to a maximum of
				5 years, and a referral to the state attorney for criminal sanctions.
(6) Employing unlicensed persons to perform
				the duties of an operator or fulfilling, or employing persons to fulfill,
				operator staffing requirements under Chapter 62-699, F.A.C., without an active
				license of the appropriate type and appropriate class or level. The recommended
				penalty is an administrative fine of a minimum of $500.00, up to a maximum of
				$1, 000.00.
(7) Concealing
				information relative to any violation of this rule. The recommended penalty is
				the imposition of an administrative fine of a minimum of $500.00, up to a
				maximum of $1, 000.00; and suspension of license from a minimum of 1 year, up
				to license revocation. The actual penalty imposed depends upon the severity of
				the violation to cause plant upset, produce drinking water that does not meet
				the applicable requirements, or endanger the safety of plant employees or the
				public.
(8) Failure to comply with
				the provisions of Rule
				 62-602.650, F.A.C. The
				recommended penalty for failure to submit reports in a timely manner, or to
				maintain operation and maintenance logs, as required by Rule
				 62-602.650, F.A.C., is from a
				minimum issuance of a probation letter to a maximum administrative fine of
				$100.00 per day of the occurrence up to a maximum of $1, 000.00 for the
				offense. The recommended penalty for failure to report unpermitted discharges,
				interruption of service, plant upsets, or the failure to report the production
				of drinking water that does not meet the applicable requirements is from a
				minimum of a suspension of license of 1 year, up to a maximum of revocation of
				license. The recommended penalty for failure to perform treatment plant or
				water distribution system operation in a manner consistent with standard
				operating practices, or failure to comply with any other provision of Rule
				 62-602.650, F.A.C., is from a
				minimum administrative fine of $100 per day of the occurrence up to a maximum
				of $1, 000.00 for the offense.
(9)
				Checks for licensure, license renewal, examination returned for insufficient
				funds. The recommended penalty is suspension of license until the full fees are
				received, including the charge for insufficient funds.
Rulemaking Authority
					 403.869 FS. Law Implemented
					 403.1832,
					 403.8533,
					 403.875,
					 403.876
					 FS.
New 12-30-99, Amended 2-6-02,
					 10-15-07.