106875-106910

HEALTH AND SAFETY CODE
SECTION 106875-106910




106875.  (a) The department shall examine and certify persons as to
their qualifications to supervise or operate water treatment plants.
The certification shall indicate the classification of water
treatment plant that the person is qualified to supervise or operate.
   (b) The department shall examine and certify persons as to their
qualifications to supervise or operate a water distribution system.
The certification shall indicate the classification of distribution
system that the person is qualified to supervise or operate.



106876.  (a) The department may suspend, revoke, or refuse to grant
or renew any water treatment operator certificate or water treatment
operator-in-training certificate to operate or supervise the
operation of a water treatment plant or may place on probation or
reprimand the certificate holder upon any reasonable grounds,
including, but not limited to, any of the following:
   (1) The submission of false or misleading information on an
application for a certificate or engaging in dishonest conduct during
an examination.
   (2) The use of fraud or deception in the course of operating or
supervising the operation of a water treatment plant or a water
recycling treatment plant.
   (3) The failure to use reasonable care or judgment in the
operation or supervision of the operation of a water treatment plant
or a water recycling treatment plant.
   (4) The inability to perform operating duties properly in a water
treatment plant or a water recycling treatment plant.
   (5) The failure to meet all requirements for certificate renewal.
   (6) The conduct of willful or negligent acts that cause or allow
the violation of the Safe Drinking Water Act (Subchapter XII
(commencing with Section 300f) of Chapter 6A of Title 42 of the
United States Code) or the regulations and standards adopted pursuant
to that act.
   (7) Willfully or negligently violating or causing or allowing the
violation of waste discharge requirements or permits issued pursuant
to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et
seq.) while operating a water recycling treatment plant.
   (b) The department may suspend, revoke, or refuse to grant or
renew any water distribution operator certificate to operate or
supervise the operation of a water distribution system or may place
on probation or reprimand the certificate holder upon any reasonable
grounds, including, but not limited to, any of the following:
   (1) The submission of false or misleading information on an
application for a certificate or engaging in dishonest conduct during
an examination.
   (2) The use of fraud or deception in the course of operating or
supervising the operation of a water distribution system.
   (3) The failure to use reasonable care of judgment in the
operation or supervision of the operation of a water distribution
system.
   (4) The inability to perform operating duties properly in a water
distribution system.
   (5) The failure to meet all requirements for certificate renewal.
   (6) The conduct of willful or negligent acts that cause or allow
the violation of the federal Safe Drinking Water Act (Subchapter XII
(commencing with Section 300f) of Chapter 6A of Title 42 of the
United States Code) or the regulations and standards adopted pursuant
to that act.
   (c) Prior to revocation of a valid operator certificate, the
department shall provide the certificate holder with an opportunity
for a hearing before the department.
   (d) For purposes of this section, "water recycling treatment plant"
means a treatment plant that receives and further treats secondary
and/or tertiary effluent from a wastewater treatment plant.




106880.  The state department shall hold at least one examination
each year for the purpose of examining candidates for certification.



106885.  (a) All persons who operate or supervise the operation of
water treatment plants shall possess a valid and current water
treatment operator certificate or water treatment
operator-in-training certificate of appropriate grade in accordance
with the regulations referred to in Section 106910.
   (b) All persons who are in responsible charge of the water
distribution system of a community water system or a nontransient
noncommunity water system shall possess a valid and current water
distribution operator certificate of the appropriate grade in
accordance with the regulations referred to in Section 106910.



106890.  It is the intent of the Legislature that the program
authorized pursuant to this article be entirely self-supporting, and
for this purpose the department is authorized to establish fee
schedules for the issuance, replacement, reinstatement, continuing
education, and renewal of certificates that shall provide revenues
that shall not exceed the amount necessary, but shall be sufficient,
to recover all costs incurred in the administration of this article.



106892.  There is in the State Treasury the Drinking Water Operator
Certification Special Account. Fees collected pursuant to Section
106890 shall be deposited in the account created by this section.



106895.  (a) A person employed as a water distribution operator, as
defined by Section 116275, who does not hold a certificate pursuant
to Section 106885, may be issued an appropriate certificate provided
that the water system with which the operator is employed has applied
for the certificate within one year after the adoption of the
regulations implementing this section.
   (b) A certificate issued pursuant to subdivision (a) shall be
effective only at the site at which the operator was employed. The
operator shall meet all certification requirements and hold a valid
certificate pursuant to Section 106885 in order to operate another
system.
   (c) If the classification of the distribution system changes to a
higher level, the certificate of the water distribution operator that
was issued pursuant to subdivision (a) for that water distribution
system is no longer valid.
   (d) Any water distribution operator who is certified under
subdivision (a) shall meet all of the requirements for renewal,
including necessary training and the payment of fees.



106896.  The department shall evaluate the water distribution
operator certification program of the California-Nevada Section of
the American Water Works Association (CNAWWA) and issue an
appropriate water distribution system operator certificate for those
certified operators that have satisfied the provisions of this
article and any regulations promulgated under this chapter.



106897.  On or after the effective date of regulations implementing
this article, certificates issued by certification programs of other
states shall be recognized as valid and sufficient under this article
if the department determines that the program of the other state is
consistent with this article and the regulations promulgated under
this article.



106900.  The department may approve courses of instruction provided
by educational institutions, professional associations, public
agencies, or private agencies for purposes of qualifying persons for
initial certification, certification renewal, and recertification as
a water treatment operator, water treatment operator-in-training, or
water distribution operator.



106910.  The department may adopt rules, regulations, and
certification standards necessary to carry out the provisions of this
article, pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. The rules,
regulations, and standards shall include, but not be limited to, the
following:
   (a) The classification of treatment plants taking into
consideration the plant size, character of the water being treated,
type and degree of treatment, complexity of operation, and other
physical conditions affecting the operation of the water treatment
plant.
   (b) The classification of distribution systems of community water
systems and nontransient noncommunity water systems taking into
consideration the complexity and size of the system.
   (c) Criteria and standards establishing the level of skill,
knowledge, education, and experience necessary to operate
successfully or to supervise successfully the operation of specific
classes of water treatment plants so as to protect public health.
   (d) Criteria and standards establishing the level of skill,
knowledge, and experience necessary to operate successfully or to
supervise successfully the operation of specific classes of water
distribution systems so as to protect the public health.
   (e) Criteria and standards for operator certification renewal
including continuing education requirements.
   (f) Criteria and standards for recertification of an operator when
the operator's certificate has lapsed.
   (g) Criteria and standards for the availability of designated
water treatment operators for each operating shift.