reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-17 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Any person
				who violates any provision of this rule or orders issued under this rule is
				subject to injunction, criminal prosecution, and criminal, civil and
				administrative fines, all as provided in W. Va. Code §
									16-1-9,
				§
									16-1-9a,
				§
									16-1-9c,
				§
									16-1-17,
				and §
									16-1-18.
17.2. Any individual or entity who violates
				the provisions of this rule or any orders issued pursuant to this rule is
				liable for a civil penalty of not less than $1,000.00 nor more than $5,000.00.
				Each day's violation constitutes a separate offense.
17.3. Any individual or entity who commits a
				willful violation of any provision of this rule or orders issued pursuant to
				this rule shall be subject to a civil penalty of not more than $10,000.00 and
				each day's violation shall be grounds for a separate penalty.
17.4. Civil penalties under this section are
				payable to the commissioner. All moneys collected under this rule shall be
				deposited into a restricted account known as the Safe Drinking Water Fund. All
				moneys deposited in the fund shall be used by the commissioner to provide
				technical assistance to public water systems.
17.5. The commissioner may also seek
				injunctive relief in the circuit court of the county in which all or part of
				the public water system is located.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-18 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests or privileges shall do so in accordance with the Bureau for Public
				  Health Rule, "Rules of Procedure for Contested Case Hearings and Declaratory
				  Rulings," 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the examination and certification of operators of Public Water
				Systems (PWS), establishes a system for classification of Public Water Systems,
				and specifies certain responsibilities of Public Water Systems.
1.2. Authority. -- W. Va. Code §
									16-1-4 and §
									16-1-9 a(b)(4)(B).
1.3. Filing Date. -- March 27,
				2024.
1.4. Effective Date. -- March
				27, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to owners, certified operators, and
				operators-in-training (OITs) of a PWS and to applicants for
				certification.
2.2. Enforcement. --
				This rule is enforced by the Commissioner of the Bureau for Public
				Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-5 - Required Personnel and Conditions of Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual who operates a 1D, Class
				R, WDS, Class I, Class II, Class III, or Class IV PWS in West Virginia must be
				certified by the Commissioner.
5.2.
				A certified water operator shall:
5.2.1. Be
				responsible for their certification in accordance with all aspects of this
				rule;
5.2.2. Carry his or her
				current certification card issued by the Commissioner upon them at all times
				the operator is operating the PWS;
5.2.3. Not work in a PWS under the
				certification of another person; only the person whose name appears on the
				operator certification is certified by that document. Certifications are not
				transferable;
5.2.4. Notify the
				Commissioner at least 30 calendar days in advance of the voluntary termination
				of his or her employment at a PWS;
5.2.5. Comply with the provisions of Bureau
				for Public Health legislative rule, Public Water Systems, 64CSR3;
				and,
5.2.6. Demonstrate data
				integrity by providing complete, accurate, and true information for the period
				in which they were responsible for data collection including, but not limited
				to, records, reports, and lab results.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-6 - Qualifications for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An individual desiring certification
				shall submit an application for certification to the Commissioner. The
				application shall be on a form approved by the Commissioner.
6.2. Certification of a PWS operator is based
				on education, a passing grade on the applicable certification examination, and
				in some cases experience as an OIT or higher certification. The education and
				experience requirements for certification are set forth in Table 64-4A of this
				rule.
6.3. Class R and 1D operator
				certifications are not sequential towards OIT, WDS, and Class I through IV. A
				Class R or 1D operator shall begin with application for an OIT if he or she
				wishes to operate a WDS, Class I, or higher classification system.
6.4. WDS operator certification is not
				sequential towards Class I certification. A WDS operator shall begin with
				application for an OIT if he or she wishes to operate a Class I or higher
				classification system.
6.5. Class I
				through IV operator certification applicants shall obtain certification for
				each Class level in sequence.
6.6.
				An individual seeking certification as a WDS or Class I operator shall begin
				with an application for OIT certification.
6.7. Applicants for certification shall be 18
				years of age or older. This may be waived to a minimum age of 16 upon written
				request to the Commissioner and in accordance with subsection 7.2. of this
				rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-7 - Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The education requirements for each certification are listed in Table 64-4A of
				this rule.
7.2. OIT education
				requirements may be waived by the Commissioner, in writing, to completion of
				10th grade. The student must provide verification
				each semester he or she is attending school and maintaining a 2.0 average or
				better on a 4.0 scale towards graduation requirements. The certificate may be
				revoked for failure to meet these requirements.
7.3. Education requirements may be waived by
				the Commissioner, in writing, for applicants who are actively working towards a
				GED. The student must provide verification for each semester that he or she is
				enrolled in an adult education program and completing graduation requirements.
				The certificate may be revoked for failure to meet these
				requirements.
7.4. The
				Commissioner-approved Class R certification course and passing the Class R exam
				education requirement can be substituted with a Commissioner-approved
				manufacturer certification if requested in writing and adequate information is
				provided.
7.5. The number of CEUs
				credited for courses and operating experience are in Table 64-4B.
7.6. The Commissioner evaluates all education
				courses to be considered for CEUs. 100 percent credit will be awarded for those
				determined to be directly related to water treatment and distribution; examples
				are mathematics, science, and business courses. If the Commissioner determines
				the course is not directly related, 50 percent credit will be
				awarded.
7.7. Class III and IV
				applicants may substitute up to half of the required CEU education as specified
				in Tables 64-4A and B of this rule with additional experience upon written
				request to the Commissioner.
7.7.1. An
				applicant cannot use experience used as a substitute for the educational
				requirement to also satisfy the experience requirement.
7.7.2. An applicant may use the Class R, 1D,
				WDS, Class I, and Class II certification courses towards the educational
				requirements for a Class III or higher-class level certificate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-8 - Experience Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The experience requirements for each classification are listed in Table 64-4A
				of this rule.
8.2. Only experience
				obtained as a valid certified water operator may count towards the experience
				required by this rule.
8.3.
				Experience as an operator, unless substituted pursuant to subdivision 8.6.1. of
				this rule, should be predominantly "hands-on" or necessary skills, knowledge,
				ability, and judgment acquired from daily operating experience rather than from
				text book study or supervisory observation. It means the individual has
				actually operated a water treatment plant or worked in the distribution system
				and has performed tasks including, but not limited to, routine tests, sample
				collection, completion of operational reports, and calculations of chemical
				dosages and subsequent adjustment of chemical feeders or backwashed
				filters.
8.4. Experience obtained
				exclusively in distribution, maintenance, and other non-operational or
				treatment duties may not count for more than 600 hours of the total experience
				required for Class I through IV certification.
8.5. Class II applicants at Class I systems
				may obtain 2,000 hours experience at a Class I PWS and successfully complete a
				Commissioner-approved course instead of obtaining 2,000 hours at a Class II or
				higher PWS.
8.6. An applicant may
				substitute the experience requirements as set forth in this rule with education
				and training as specified in subdivisions 8.6.1. and 8.6.2. of this rule:
8.6.1. Class II, III, and IV applicants may
				substitute up to half of the required experience with additional education upon
				written request to the Commissioner.
8.6.2. An applicant may not use education
				used as a substitute for experience requirements to satisfy education
				requirements.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-9 - Examination Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Examination requirements for each level of certification are listed in Table
				64-4A of this rule.
9.2.
				Examinations shall not be administered until the Commissioner-approved
				certification course requirements are first met, unless the Commissioner grants
				a written exception based on a written request.
9.3. An applicant for operator certification
				shall submit an application for examination in a form and manner approved by
				the Commissioner with proof of education and, if required, separate proof of
				work experience.
9.4. The
				Commissioner shall schedule examinations for water operator certification
				applicants meeting the requirements of this rule and notify the applicants
				before the examination date.
9.5.
				An individual shall make a score of 70 percent or better on the examination in
				order to pass the examination.
9.6.
				The results of certification examinations are valid for five years. If the
				applicant has not met the requirements for education, experience, or both
				within those five years, the applicant shall reapply for examination and regain
				a passing score.
9.7. An applicant
				who fails an examination shall wait a minimum of 60 days from the date he or
				she took the examination before reapplying for the examination.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-10 - Renewal Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				All certified operators must submit the appropriate renewal application at
				least 30 calendar days prior to the expiration date, but no earlier than 60
				calendar days prior to the expiration date of their certificate.
10.2. The Commissioner shall approve
				continuing education hour (CEH) courses based on their relevance to
				PWSs.
10.3. The number of CEHs
				required by each classification each renewal period is as follows:
10.3.1. Class R: A minimum of one CEHs
				required for renewal;
10.3.2. OIT:
				A minimum of six CEHs required for renewal;
10.3.3. WDS: A minimum of six CEHs required
				for renewal;
10.3.4. Class I: A
				minimum of 12 CEHs required for renewal;
10.3.5. Class II, III, and IV: A minimum of
				24 CEHs required for renewal; and,
10.3.6. 1D: No CEHs required for
				renewal.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-11 - Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A PWS
				operator certification expires two years from the date of issuance. An
				individual with expired certification shall not operate a PWS in West
				Virginia.
11.2. An applicant
				seeking reinstatement of his or her previous certification shall pass the
				examination at the certification level previously held if his or her
				certification has been expired for more than one year.
11.3. If an individual holds a Class R, 1D,
				or WDS certification in addition to a Class I or higher certification, the
				Class R, 1D, or WDS will not expire if the Class I or higher certification is
				properly maintained.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-12 - Certification from Another Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commissioner shall grant
				certification to a PWS operator certified by another jurisdiction if the
				applicant:
12.1.1. Is actively seeking, has
				been offered, or has accepted employment in West Virginia which requires a
				certified operator;
12.1.2. Submits
				a completed application in a manner and form approved by the
				Commissioner;
12.1.3. Meets the
				educational and work experience requirements of this rule; and,
12.1.4. Demonstrates he or she has
				successfully passed an examination in another jurisdiction substantially
				equivalent to the certification level sought, as determined by the
				Commissioner.
12.1.4.a. To be considered
				substantially equivalent, the other jurisdiction's examination must contain
				questions with the majority of questions covering the following topics,
				including related mathematics: Treatment processes, chemistry, and laboratory
				methods; Compliance, which must equate to the standards set forth in the Safe
				Drinking Water Act, 42
				U.S.C. §
												300f
et seq
.,
				and the National Primary Drinking Water Regulations, 40 C.F.R. Part 141 ; Plant
				operation; and Distribution. If the Commissioner determines that the other
				jurisdiction has substantially different regulations that solely prevent the
				examination from being substantially equivalent, then the Commissioner may
				require an applicant to take a West Virginia-specific operator course within 24
				months of granting a Reciprocal Operator License but without a requirement that
				the applicant take an additional examination.
12.1.4.b. If the Commissioner determines the
				other jurisdiction's examination is substantially equivalent, a Reciprocal
				Operator License will be issued for the equivalent West Virginia certification
				level. The Commissioner may condition and limit renewal of the License on a
				requirement for additional education classes as allowed under subsection
				(a).
12.1.4.c. If the Commissioner
				determines the other jurisdiction's examination is not substantially
				equivalent, the applicant must pass the West Virginia certification examination
				equivalent to the certification level of the other jurisdiction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-13 - Suspension and Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commissioner may suspend or revoke the certification of an operator if the
				individual:
13.1.1. Uses fraud or deceit in
				obtaining certification;
13.1.2.
				Fails to comply with this rule. Failure to notify the Commissioner of voluntary
				termination of employment in accordance with subdivision 5.2.4. of this rule,
				even though the failure shall not subject the certified operator to the
				penalties of section 14 of this rule.
13.1.3. Performs the duties of a water
				operator in a grossly negligent or incompetent manner;
13.1.4. Knowingly or negligently submits
				misleading, inaccurate, or false reports to the Commissioner; or,
13.1.5. Violates, or causes to be violated,
				any portion of Bureau for Public Health legislative rules, Public Water
				Systems, 64CSR3, or Cross-Connection Control and Backflow Prevention,
				64CSR15.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-14 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A person
				subject to the provisions of this rule shall comply fully with them and shall
				not direct or assist another person to violate this rule.
14.2. A person who violates any provision of
				this rule or any rules or orders of the Bureau for Public Health is guilty of a
				misdemeanor and shall, upon conviction, be punished by a fine of not more than
				$500, as provided under W. Va. Code §
									16-1-18. Each day there is a
				failure to comply with a provision of this rule may be a separate
				offense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-04 - Public Water Systems Operators Regulations › Section 64-4-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Those persons adversely affected by the enforcement of this rule may request a
				contested case hearing in accordance with Bureau for Public Health procedural
				rule, Rules of Procedure for Contested Case Hearings and Declaratory Rulings,
				64CSR1.
Table 64-4A
OPERATOR EDUCATION AND EXPERIENCE REQUIREMENTS FOR
				  CERTIFICATION
CLASS
EDUCATION REQUIRED
EXPERIENCE REQUIRED
Class R
HS diploma or GED, Commissioner-approved Class R
							 certification course & passing the Class R exam.*
No experience required.
1D
Commissioner-approved 1D certification course &
							 passing the 1D exam.
No experience required.
OIT
HS diploma or GED.*
No experience required.
WDS
HS diploma or GED, Commissioner-approved WDS
							 certification course & passing the WDS exam.
1,000 hours (six months full-time) at a WDS or higher
							 PWS.
Class I
HS diploma or GED, Commissioner-approved Class I
							 certification course & passing the Class I exam.
2,000 hours (one year full-time) at a PWS.**
Class II
HS diploma or GED, Commissioner approved Class II
							 certification course & passing the Class II exam.***
4,000 hours (two years full-time) at a PWS with at
							 least 2,000 of those hours at a Class II or higher PWS.**
Class III
HS diploma or GED and successfully completing 90
							 CEUs** and passing the Class III exam.***
8,000 hours (four years full-time) at a Class I or
							 higher PWS with at least 2,000 of those hours at a Class II or higher
							 PWS.**
Class IV
HS diploma or GED and successfully completing 180
							 CEUs** and passing the Class IV exam.***
10,000 hours (five years full-time) at a Class I or
							 higher PWS with at least 2,000 of those hours at a Class III or higher
							 PWS.**
* and ** Refer to sections 7 and 8 of this rule.
*** Refer to section 5 of this rule which allows public water
				  systems to apply for a limited waiver of education and experience requirements
				  which, if granted, shall permit a certified operator to perform the tasks of an
				  operator one grade higher.
Table 64-4B
CEUs FOR COURSES AND OPERATING EXPERIENCE
10 CEHs
1 CEU
1 College Semester Credit Hour
1.5 CEU
1 College Quarter Credit Hour
1 CEU
2,000 hours of experience
45 CEU
See subsection 7.6.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the examination and certification of wastewater operators,
				establishes a system for the classification of wastewater systems, and
				specifies certain responsibilities of wastewater systems.
1.2. Authority. -- W. Va. Code §
									16-1-4 and §
									16-1-9 a(b)(4)(B).
1.3. Filing Date. -- March 27, 2024
1.4. Effective Date. -- March 27,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to owners and certified operators of
				wastewater systems and to applicants for certification. This rule does not
				apply to industrial wastewater systems which are regulated by the West Virginia
				Department of Environmental Protection (WV DEP) or to the operators of the
				industrial wastewater systems. This rule does not apply to septic tanks serving
				individual homes unless the systems have a centralized component.
2.2. Enforcement. -- This rule is enforced by
				the Commissioner of the Bureau for Public Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-4 - Classification of Wastewater Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A wastewater system is classified on the
				basis of the permitted flow capacity and complexity of the wastewater treatment
				processes.
4.1.1. Class H - A lagoon, aerated
				lagoon, stabilization pond, recirculating media filter, package treatment
				plant, or a small wastewater system with flows less than 600 gpd. This rule
				does not apply to septic tanks serving individual homes.
4.1.2. Class S - A lagoon, aerated lagoon,
				stabilization pond, recirculating media filter, package treatment plant, or a
				small wastewater system with flows greater than 600 gpd, but less than or equal
				to 0.05 MGD. It can also be multiple individual septic tanks within a managed
				residential district. Individual homeowner septic tanks are only included in
				this class if they are maintained under the jurisdiction of a responsible
				management entity. This classification was previously referred to as
				1S.
4.1.3. Class C - A facility
				upstream of the wastewater treatment plant used to collect and convey
				wastewater. It may include pumps, valves, manholes, tanks, and other
				appurtenances. These facilities are also known as a collection system. This
				class does not include Class S facilities.
4.1.4. Class I - A lagoon, aerated lagoon,
				stabilization pond, or wastewater system with flows greater than 0.05 MGD, but
				less than or equal to 1.0 MGD. This class includes extended aeration package
				treatment plants with flows greater than 0.05 MGD, but less than or equal to
				0.1 MGD.
4.1.5. Class II - A
				lagoon, aerated lagoon, stabilization pond, or wastewater system with flows
				greater than 1.0 MGD, but less than or equal to 1.75 MGD. This class includes
				extended aeration treatment plants with flows greater than 0.1 MGD, but less
				than or equal to 1.75 MGD.
4.1.6.
				Class III - A facility with flows greater than 1.75 MGD but less than 6.0
				MGD.
4.1.7. Class IV - A facility
				with flows equal to or greater than 6.0 MGD.
4.1.8. Advanced - A system designation held
				in addition to Class S and Class I through Class IV classifications, where
				advanced treatment methods are used such as: membrane filtration or separate
				nitrification; denitrification; phosphorus removal; ammonia stripping;
				breakpoint chlorination; carbon adsorption; chemical coagulation; flocculation;
				precipitation; demineralization ion exchange, reverse osmosis, or
				electrodialysis; or other processes considered advanced by the
				Commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-5 - Required Personnel and Conditions of Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any individual who operates a Class S,
				Class C, Class I, Class II, Class III, or Class IV wastewater system in West
				Virginia shall be certified by the Commissioner. Any individual who operates a
				Class H wastewater system in West Virginia shall be certified by the
				Commissioner or Secretary.
5.2. A
				certified wastewater operator shall:
5.2.1.
				Be responsible for his or her certification in accordance with all aspects of
				this rule.
5.2.2. Carry his or her
				current certification card issued by the Commissioner upon them at all times
				the operator is operating the wastewater system.
5.2.3. Not work in a wastewater system using
				the certification of another person; only the person whose name appears on the
				operator certification is certified by that document. Certifications are not
				transferable.
5.2.4. Notify the
				Commissioner at least 30 calendar days in advance of the voluntary termination
				of his or her employment at a wastewater system.
5.2.5. Comply with the provisions of Bureau
				for Public Health legislative rule, Sewer Systems, Sewage Treatment Systems,
				and Sewage Tank Cleaners, 64CSR9.
5.2.6. Demonstrate data integrity by
				providing complete, accurate, and true information for the period in which he
				or she was responsible for data collection including, but not limited to,
				records, reports, and lab results.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-6 - Qualifications for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An individual desiring certification
				shall submit an application for certification to the Commissioner. The
				application shall be on a form provided by the Commissioner.
6.2. Certification of a wastewater operator
				is based on his or her application, education, a passing score on the
				applicable certification exam, and in some cases experience as an OIT or higher
				certified operator.
6.3. Class H,
				Class S, and Class C certifications are not sequential towards OIT and Class I
				through IV certifications. Class H, Class S, or Class C applicants seeking to
				obtain a Class I or higher classification shall begin with an application for
				an OIT.
6.4. A person working in a
				Class I, II, III, or IV system shall begin certification as an OIT.
6.5. Applicants shall obtain Class I through
				IV certifications in sequential roman numerical order.
6.6. Applicants for certification shall be 18
				years of age or older. The age requirement may be waived to a minimum age of 16
				upon a written request to the Commissioner and in accordance with subsection
				7.3. of this rule.
6.7. Applicants
				who qualify for Class H, Class S, or Class C certification in addition to a
				current Class I or higher certification shall hold the certifications
				concurrently, but only maintain the renewal requirements for the highest
				certification held.
6.8. The
				Commissioner shall charge an initial fee for certification provided as listed
				in Table 64-5A of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-7 - Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The education requirements for each certification are listed in Table 64-5B of
				this rule.
7.2. The Commissioner
				may waive Class H education requirements, if requested in writing, and the
				individual agrees to restricted operations.
7.3. The Commissioner may waive OIT education
				requirements, if requested in writing, to completion of the 10th grade. The
				student must provide verification each semester that he or she is currently
				attending school and maintaining a minimum of a 2.0 average on a 4.0 scale
				towards graduation requirements. Certification may be revoked for failure to
				meet the above requirements.
7.4.
				The Commissioner may waive the education requirements, if requested in writing,
				for applicants who are actively working towards a GED. The student must provide
				verification each semester that he or she is currently enrolled in an adult
				education program and completing graduation requirements. Certification may be
				revoked for failure to meet the above requirements.
7.5. The number of CEUs credited for courses
				and operating experience are in Table 64-5C of this rule.
7.6. The Commissioner evaluates all education
				courses for CEU. Credit of 100 percent shall be awarded for those determined to
				be directly related to wastewater treatment and collection, such as
				mathematics, science, computer, engineering, and business courses. If the
				Commissioner determines the course is not directly related, 50 percent credit
				shall be awarded.
7.7. Class III
				and IV applicants may request in writing to the Commissioner to be allowed to
				substitute up to half of the required CEU education as specified in Table 64-5B
				of this rule with additional experience.
7.7.1. An applicant may not use experience
				used as a substitute for educational requirements to also satisfy experience
				requirements.
7.7.2. An applicant
				may use the Class H, Class S, Class C, Class I, Class II, and advanced courses
				towards the educational requirements for a Class III or higher class-level
				certificate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-8 - Experience Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The experience requirements for each classification are listed in Table 64-5B
				of this rule.
8.2. Only experience
				obtained as a valid certified wastewater operator may count towards the
				experience required for the purposes of this rule.
8.3. Experience as an operator, unless
				substituted pursuant to subdivision 8.6.1. of this rule, should be
				predominantly "hands-on" or the necessary skills, knowledge, ability, and
				judgment acquired from daily operating experience rather than from text book
				study or supervisory observation. It means the individual has actually operated
				a wastewater treatment plant or worked in the collection system and has
				performed tasks including, but not limited to, routine tests, sample
				collection, completion of operational reports, calculation of chemical dosages,
				and the subsequent adjustment of chemical feeders or backwashed
				filters.
8.4. Experience obtained
				exclusively in collection, maintenance, and other non-operational or treatment
				duties shall not count as more than 600 hours of the total experience required
				for Class I through IV certification.
8.5. Experience obtained exclusively in
				laboratory duties shall not count as more than 1,000 hours of the total
				experience required for Class I through IV certification.
8.6. An applicant may substitute the
				experience requirements as set forth in this rule with education and training
				as specified in this subsection:
8.6.1. Class
				II, III, and IV applicants may substitute up to half of the required experience
				with additional education upon written request to the Commissioner.
8.6.2. An applicant may not use education
				used as a substitute for experience requirements to satisfy education
				requirements.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-9 - Examination Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Examination requirements for each certification are listed in Table 64-5B of
				this rule.
9.2. An applicant shall
				first meet the Commissioner-approved certification course requirements before
				examinations will be administered, unless the Commissioner grants a written
				exception based on a written request.
9.3. An applicant for operator certification
				shall submit an application for examination in a manner approved by the
				Commissioner with proof of education and, if required, separate proof of work
				experience.
9.4. The Commissioner
				shall schedule examinations for wastewater operator certification for
				applicants meeting the requirements for examination and notify applicants
				before the examination date.
9.5.
				An individual shall make a score of 70 percent or better on the examination in
				order to be considered a passing grade.
9.6. The results of certification
				examinations are valid for five years. If the applicant has not met the
				requirements for education, experience, or both within those five years, the
				applicant shall reapply for examination.
9.7. An applicant who has failed an
				examination shall wait a minimum of 60 calendar days from the date he or she
				took the examination before reapplying to retake the examination.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-10 - Renewal Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The applicant shall submit a renewal application at least 30 calendar days
				before, but no earlier than 60 calendar days prior to, the expiration date of
				their certification in a manner approved by the Commissioner.
10.2. The Commissioner shall approve
				continuing education hour (CEH) courses based on their relevance to wastewater
				systems.
10.3. The number of CEHs
				required by each classification each renewal period are:
10.3.1. Class S: three CEHs;
10.3.2. Class C: six CEHs;
10.3.3. OIT: six CEHs;
10.3.4. Class I and II: 12 CEHs;
10.3.5. Class III and IV: 24 CEHs;
				and
10.3.6. Class H and advanced
				designation: No CEHs.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-11 - Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				wastewater operator certifications expire two years from the date of issuance.
				An individual with an expired certification shall not operate a wastewater
				system in West Virginia.
11.2. An
				applicant seeking reinstatement of his or her previous certification shall pass
				the examination at the certification level previously held if his or her
				certification has been expired for more than one year.
11.3. Advanced designation of an individual
				does not expire.
11.4. If an
				individual holds a Class H, Class S, or Class C in addition to a Class I or
				higher certification, the Class H, Class S, or Class C shall not expire so long
				as the Class I or higher certification is properly maintained.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-12 - Certification from Another Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commissioner shall grant
				certification to a wastewater operator certified by another jurisdiction if the
				applicant:
12.1.1. Is actively seeking, has
				been offered, or has accepted employment which requires a certified operator in
				West Virginia;
12.1.2. Submits a
				completed application in a manner approved by the Commissioner;
12.1.3. Meets the educational and work
				experience requirements of this rule; and,
12.1.4. Demonstrates he or she has
				successfully passed an examination in another jurisdiction substantially
				equivalent to the certification level sought, as determined by the
				Commissioner.
12.1.4.a. To be considered
				substantially equivalent, the other jurisdiction's examination must contain
				questions covering the following topics, including related mathematics: System
				process monitoring; Evaluation and adjustment of wastewater treatment
				processes; Evaluation and maintenance of equipment; Equipment operation;
				Laboratory analysis; and Compliance, which must equate to the standards set
				forth in the Clean Water Act, 3 U.S.C. §1251
et seq
. If
				the Commissioner determines that the other jurisdiction has substantially
				different regulations that solely prevent the examination from being
				substantially equivalent, then the Commissioner may require an applicant to
				take a West Virginia-specific operator course within 24 months of granting a
				Reciprocal Operator License but without a requirement that the applicant take
				an additional examination.
12.1.4.b. If the Commissioner determines the
				other jurisdiction's examination is substantially equivalent, a Reciprocal
				Operator License will be issued for the equivalent West Virginia certification
				level. The Commissioner may condition and limit renewal of the License on a
				requirement for additional education classes as allowed under subsection
				(a).
12.1.4.c. If the Commissioner
				determines the other jurisdiction's examination is not substantially
				equivalent, the applicant must pass the West Virginia certification examination
				equivalent to the certification level of the other jurisdiction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-13 - Suspension and Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commissioner may suspend or revoke the certification of a wastewater operator
				if the individual:
13.1.1. Uses fraud or
				deceit in obtaining certification;
13.1.2. Fails to comply with this
				rule;
13.1.3. Performs the duties
				of a wastewater operator in a grossly negligent or incompetent
				manner;
13.1.4. Knowingly or
				negligently submits misleading, inaccurate, or false reports to the
				Commissioner; or
13.1.5. Violates
				or causes to be violated, any portion of the WV Department of Environmental
				Protection's legislative rule, NPDES Program, 47CSR10, or the U.S. Clean Water
				Act.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-14 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A person
				subject to the provisions of this rule shall comply fully with them and shall
				not direct or assist another person to violate this rule.
14.2. A person who violates any provision of
				this rule or any rules or orders of the Bureau for Public Health is guilty of a
				misdemeanor and shall, upon conviction, be punished by a fine of not more than
				$500, as provided under W. Va. Code §
									16-1-18. Each day there is a
				failure to comply with a provision of this rule is a separate
				offense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-05 - Wastewater Systems And Operators › Section 64-5-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule may request a contested case hearing in accordance with the Bureau for
				  Public Health procedural rule, Rules of Procedure for Contested Case Hearings
				  and Declaratory Rulings, 64CSR1.
Table 64-5A
FEES
Type
Amount
Class HR Initial and Renewal
No Fee
Class H Initial and Renewal
$100
Class S Initial and Renewal
$100
Class C Initial and Renewal
$100
OIT Initial and Renewal
No Fee
Class I Initial and Renewal
$125
Class II Initial and Renewal
$150
Class III Initial and Renewal
$175
Class IV Initial and Renewal
$200
Advanced Designation
No Fee
Renewal Late Fee
$25
Note: Individuals who hold multiple wastewater operator
				  certifications shall pay the initial fee for each and only the renewal fee
				  associated with the highest-level certification held thereafter.
Table 64-5B
OPERATOR EDUCATION AND EXPERIENCE
				  REQUIREMENTS
Class
Education
Experience
Class H
HS diploma or GED*, Commissioner-approved
							 certification course & passing the Class H exam.
None
Class S
HS diploma or GED, Commissioner-approved
							 certification course & passing the Class S exam.
None
Class C
HS diploma or GED,
Commissioner-approved certification course &
							 passing the Class C exam.
None
OIT
HS diploma or GED.*
None
Class I
HS diploma or GED,
Commissioner-approved certification course &
							 passing the Class I exam.
2,000 hours (one year full-time) wastewater system
							 experience as an OIT.**
Class II
HS diploma or GED, Commissioner-approved
							 certification course & passing the Class II exam.***
4,000 hours (two years full-time) wastewater system
							 experience at a Class I or higher-class level wastewater system as a Class I
							 operator.**
Class III
HS diploma or GED,
90 CEUs* & passing the Class III exam.***
8,000 hours (four years full-time) wastewater system
							 experience, 2,000 of which shall be at a Class II or higher-class level
							 wastewater system as a Class II operator.**
Class IV
HS diploma or GED,
180 CEUs* & passing the Class IV exam.***
10,000 hours (five years full-time) wastewater system
							 experience, at least 4,000 of which shall be at a Class III or higher-class
							 level wastewater system as a Class III operator.**
Advanced
Commissioner-approved training course.
None
* and ** Refer to Sections 7, 8, and 9.
*** Refer to section 5 of this rule which allows public water
				  systems to apply for a limited waiver of education and experience requirements
				  which, if granted, shall permit a certified operator to perform the tasks of an
				  operator one grade higher.
Table 64-5C
CEUs FOR COURSES AND OPERATING EXPERIENCE
10 CEHs
1 CEU
1 College Semester Credit Hour
1.5 CEUs
1 College Quarter Credit Hour
1 CEU
2,000 hours of experience
45 CEUs
Note Section 7.6.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-06 - Approval Of Laboratories For Syphilis Serology › Section 64-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish the requirements for syphilis and positive
				laboratory tests for neisseria gonorrhea.
1.2. Authority. -- W. Va. Code '16-1-7(5).
1.3. Filing Date. -- April 8, 1983.
1.4. Effective Date. -- May 9,
				1983.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-06 - Approval Of Laboratories For Syphilis Serology › Section 64-6-2 - Supersession or Repeal of Former Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These legislative rules amend and repeal
				State Board of Health Administrative Regulations Chapter 2, Article 4, Section
				1 "Requirements for Laboratories to Report Reactive Serologic and other tests
				for Syphilis to the State department of health."
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-06 - Approval Of Laboratories For Syphilis Serology › Section 64-6-3 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application -These legislative rules apply to all laboratories in West Virginia
				that perform serologic or other tests for syphilis or smears, cultures or other
				tests for neisseria gonorrhea.
3.2.
				Enforcement -Enforcement of these legislative rules is vested with the director
				of the West Virginia department of health or his lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-06 - Approval Of Laboratories For Syphilis Serology › Section 64-6-4 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Supervisors of all laboratories in West Virginia that perform serologic or
				other tests for syphilis or that perform smears, cultures or other tests for
				neisseria gonorrhea shall make a report of all positive or reactive laboratory
				tests for syphilis or neisseria gonorrhea to the director of the West Virginia
				department of health on forms provided for the purpose as follows:
4.1.1. Syphilis Tests
4.1.1.1. All reactive and weakly reactive
				(doubtful) serologic tests for syphilis.
4.1.1.2. All reactive and weakly reactive
				(doubtful) spinal fluid serologic tests for syphilis.
4.1.1.3. All positive darkfield microscopic
				tests for treponema pallidum.