11-61

us-hi-regs-official-c57e6b05ff5d45e1e5f415022d283299279e712a91e6105ad898438e98455d7111-61Regulation

HAWAII 	ADMINISTRATIVE 	RULES
TITLE 	11
DEPARTMENT 	OF 	HEALTH
CHAPTER 	61
MANDATORY 	CERTIFICATION OF 	WASTEWATER TREATMENT
PERSONNEL 	IN WASTEWATER TREATMENT 	PLANTS
§11-61-1
§11-61-2
§11-61-3
Purpose
Definitions
Certification of 	wastewater 	treatment 	plant
operators
§11-61-4 	Education 	and 	experience 	requirements 	for
wastewater 	treatment 	plant 	operator
certification
§11-61-5
§11-61-6
§11-61-7
§11-61-8
§11-61-9
Application, 	examination, 	issuance 	and
revocation 	or 	suspension of 	wastewater
treatment 	plant 	operator 	certification
Classification 	of 	wastewater 	treatment 	plants
Procedures 	of 	the 	board
Penalties 	and 	remedies
Severability
Historical 	Note: 	Chapter 	61 	of 	Title 	11, 	Hawaii
Administrative 	Rules, 	is 	based 	substantially 	on 	the
Regulations 	for 	Mandatory 	Certification of 	Operating
Personnel 	in Wastewater 	Treatment 	Plants, 	Board of
Certification 	of 	Operating 	Personnel 	in Wastewater
Plants, 	State 	of 	Hawaii. 	[Ef f. 	9 /18 / 8 0; 	R 	JAN 2 2 ZUU&
§11-61-1 	Purpose. 	Efficient 	management 	of
wastewater 	treatment 	works 	is 	an 	important 	economic
asset 	to 	the 	public, 	to 	county 	and 	state 	officials 	and
to 	operators. 	Also, 	effective 	operation 	and
maintenance 	of 	wastewater 	treatment 	works 	are 	essential
to 	prevent 	pollution 	of 	the 	waters 	of 	the 	State.
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Furthermore, 	certification 	of 	wastewater 	treatment
works 	operators 	assures 	the 	employment 	of 	personnel
competent 	to 	provide 	efficient 	management, 	and proper
maintenance 	and 	operation 	of 	wastewater 	treatment
works. 	Therefore, 	the 	purpose 	of 	these 	rules 	is 	to
promote 	protection 	of 	public 	health, 	and 	to 	conserve
and protect 	the 	water 	and public 	resources 	of 	the
State. 	To 	achieve 	these 	purposes, 	it 	is 	the 	objective
of 	these 	rules 	to 	ensure 	that 	all 	wastewater 	treatment
plants 	are 	under 	the 	active 	field 	supervision 	of
competent 	personnel 	in 	accordance 	with 	the 	provisions
J ~ontained 	in 	these 	rules. 	[Eff. 	11/5/81; 	am 	and 	comp
AN 22 	2002] 	(Auth: 	HRS 	§§340B-7, 	340B-11) 	(Imp: 	HRS
§§340B-7, 	340B-11)
§11-61-2 	Definitions. 	As 	used 	in 	this 	chapter:
"Association of 	boards 	of 	certification 	(ABC) 	for
operating personnel 	in water 	and wastewater 	utilities"
is 	that 	organization which 	serves 	as 	an 	information
center 	for 	certification 	activities, 	recommends 	minimum
standards 	and 	guidelines 	for 	the 	classification of
potable 	water 	supply 	and 	wastewater 	systems 	and
facilities 	and 	for 	certification 	of 	operators,
facilitates 	reciprocity between 	state 	programs, 	and
assists 	authorities 	in 	establishing 	new 	certification
programs 	and 	upgrading 	existing programs.
"Board" 	means 	the 	board of 	certification
established by ,section 	340B-4, 	HRS.
"Direct 	responsible 	charge 	(DRC) 11 	means 	active,
on-site 	charge 	of:
(1) 	A wastewater 	treatment 	plant;
(2) 	A segment 	of 	wastewater 	treatment 	plant; 	or
(3) 	An 	operating 	shift 	in 	1 	and 	2.
"Director" 	means 	the 	director 	of 	health.
"Individual 	wastewater 	system" 	has 	the 	same
meaning 	as 	defined 	in 	chapter 	11-62.
"Operating 	experience" 	means 	actual 	time 	spent
working 	at 	a 	wastewater 	treatment 	plant 	or 	system 	in
satisfactory performance 	of 	wastewater 	operator 	duties.
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For 	the 	purposes 	of 	this 	chapter, 	one 	year 	of
experience 	means 	at 	least 	40 	hours 	per 	week 	times 	40.8
weeks, 	or 	1632 	hours 	(52 	weeks 	minus 	4.2 	weeks 	(21
days) 	of 	vacation 	leave, 	2.8 	weeks 	(14 	days) 	holidays,
and 	4.2 	weeks 	(21 	days) 	of 	sick 	leave).
"Operator" 	means 	any 	individual 	who 	operates 	a
wastewater 	treatment 	plant, 	or 	a 	major 	segment 	of 	a
wastewater 	treatment 	plant. 	Operator 	duties 	are 	varied
and 	include 	but 	are 	not 	limited 	to 	operating 	wastewater
process 	equipment, 	valves, 	pumps, 	engines 	and
generators; 	cleaning 	of 	various 	process 	equipment 	for
necessary unit 	process 	functions; 	taking 	wastewater
samples; 	operating 	electrical 	controls; 	monitoring
gauges, 	meters 	and 	control 	panels; 	recognition 	of
process 	upsets 	and 	critical 	conditions 	in 	unit
processes; 	determining 	and 	adjusting 	treatment 	process
conditions 	using 	data, 	meter, 	and gauge 	readings;
mixing 	of 	any 	chemicals 	required 	in 	treatment; 	and
inspecting 	the 	facility 	for 	overall 	process 	conditions.
"Person" 	means 	any 	individual, 	partnership, 	firm,
association, 	joint 	venture, 	public 	or 	private
corporation, 	trust, 	estate, 	commission, 	board, 	public
or 	private 	institution, 	utility, 	cooperative,
municipality, 	or 	any 	other 	legal 	entity.
"Wastewater 	treatment 	plant" 	means 	the 	various
facilities 	used 	in 	the 	treatment 	of 	wastewater,
including 	a 	wastewate~Af~clamation plant. 	[Eff.
11/5/81; 	am 	and 	compJJ I~ 22 	2ijQ2Auth: 	HRS 	§§340B-7,
340B-11) 	(Imp: 	HRS 	§§340B-ll)
§11-61-3 	Certification of 	wastewater 	treatment
plant 	operators. 	(a) 	All 	wastewater 	treatment 	plants
and 	segments 	of 	wastewater 	treatment 	plants 	which 	have
been 	classified 	in 	accordance 	with, 	section 	11-61-6,
whether publicly 	or privately owned, .used or 	intended
for 	use 	by 	the 	public 	or 	private persons, 	shall 	at 	all
times 	be 	under 	the 	direct 	responsible 	charge 	of 	an
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§11-61-3
operator 	or 	operators 	whose 	competency has 	been
certified by 	the 	director 	in 	a 	classification
corresponding 	to 	the 	classification 	of 	the 	wastewater
treatment 	plant 	or 	segments 	of 	the 	wastewater 	treatment
plant 	to 	be 	supervised. 	The 	owner 	of 	a 	wastewater
treatment 	plant 	is 	responsible 	for 	notifying 	the 	board
whenever 	a 	facility 	initiates 	operation, 	major
modifications 	are 	made 	to 	the 	facility, 	or 	changes 	to
the 	certified operator(s) 	in 	direct 	responsible 	charge
of 	the 	facility 	are 	made. 	Such notification 	shall 	be
made 	in 	writing 	and 	shall 	be 	made 	within 	thirty 	days 	of
its 	occurrence.
(b) 	Reciprocity 	certification.
(1) 	Certificates 	may be 	issued, 	without
examination, 	for 	a 	comparable 	classification
to 	any 	applicant 	who 	holds 	a 	certificate 	in
another 	state, 	provided 	the 	requirements 	of
that 	state 	are 	substantially equivalent 	to
the 	requirements 	of 	this 	chapter, 	and
provided 	reciprocal 	privileges 	are 	being
granted by 	that 	state 	to 	certified 	operators
of 	this 	State. 	However, 	in no 	case 	shall 	a
certificate 	be 	issued unless 	the 	applicant
received 	certification by 	taking 	a 	written
examination 	in 	the 	state 	reciprocity 	is 	being
requested 	from. 	The 	board 	shall 	approve 	the
issuance 	of 	reciprocal 	certificates 	only 	to
applicants 	employed 	or 	seeking 	employment 	in
the 	State.
(2) 	The 	applicant 	filing 	for 	an 	application 	for 	a
certificate 	under 	paragraph 	(1) 	shall 	submit
the 	following 	documents 	to 	the 	board 	along
with 	the 	application:
(A) 	A copy of 	the 	applicant's 	current
certificate 	or 	other proof, 	satisfactory
to 	the 	board, 	demonstrating 	that 	the
certificate 	was 	issued by 	an 	agency 	of
another 	state, 	territory 	or 	possession
of 	the 	United 	States; 	and
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(B) 	A letter verifying 	employment 	or
application 	for 	employment 	in 	the 	State.
(3) 	If, 	after 	receiving 	such 	an 	application, 	the
board 	is 	satisfied 	that 	the 	applicant
qualifies 	for 	a 	certificate, 	it 	shall 	notify
the 	applicant 	and 	issue 	a 	certificate 	upon
receipt 	of 	the 	certificate 	fee.
(c) 	Conditional 	certification.
(1) 	The 	board 	shall 	no 	longer 	issue 	conditional
certificates.
(2) 	A conditional 	certificate 	shall 	be 	valid 	for
use 	by 	the 	operator under 	the 	following
conditions:
(A) 	Only 	in 	the 	wastewater 	treatment 	plant
for 	which 	the 	operator 	had 	responsible
charge 	at 	the 	time 	of 	certification as
long 	as 	the 	plant 	is 	not 	upgraded 	to 	a
higher 	classification; 	or
(B) 	At 	another plant 	similar 	in 	size 	and
process 	as 	determined by 	the 	board. 	If
the 	treatment 	facility 	is 	upgraded 	to 	a
higher 	classification, 	the 	conditional
certificate 	shall 	automatically be
invalidated.
(d) 	Temporary 	certification.
(1) 	Temporary 	certificates 	for 	operator 	in
training 	without 	examination 	may be 	issued 	as
the 	board may 	deem 	necessary.
(2) 	A temporary 	certificate may be 	issued 	to 	a
certified 	operator 	in 	a 	lower 	grade, 	or 	an
operator who 	is 	not 	certified but 	is
accumulating 	experience 	under 	the 	direction
of 	a 	certified 	operator 	in 	order 	to 	qualify
for 	certification by 	examination.
(3) 	The 	applicant 	for 	a 	temporary 	certificate
must 	be 	able 	to 	meet 	the 	minimum educational
and 	experience 	requirements 	to 	take 	the
examination 	at 	the 	next 	higher 	grade 	prior 	to
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§11-61-4
the 	expiration 	date 	of 	the 	temporary
certificate.
(4) 	Application 	for 	a 	temporary 	certificate 	must
include:
(A) 	The 	application 	fee;
(B) 	A statement 	signed by 	the 	owner, 	which
shall 	designate 	the 	applicant 	as 	the
operator 	in 	direct 	responsible 	charge
and 	shall 	specify plans 	for 	the
applicant 	to 	acquire 	certification by
examination; 	and
(C) 	A statement 	from 	the 	directing 	certified
operator 	identifying 	his/her
certification number 	and 	detailing 	the
extent 	of 	his/her 	direction 	and 	training
of 	the 	applicant.
(5) 	Temporary 	certificates 	for 	each grade 	shall
not 	be 	valid 	for 	more 	than 	twenty-four
months.
(6) 	If 	eligible 	for 	temporary 	certification, 	the
board 	shall 	notify 	the 	applicant 	and 	the
owner. 	[Eff. 	11/5/81; 	am 	10/6/83; 	am 	and 	comp
JAN 2 2 2002] 	(Auth: 	HRS 	§§340B-7, 	340B-11)
(Imp: 	HRS 	§§340B-3, 	340B-6, 	340B-7, 	340B-8,
340B-11, 	340B-13)
§11-61-4 	Education 	and 	experience 	requirements
for 	wastewater 	treatment 	plant 	operator 	certification.
(a) 	In 	order 	to 	take 	the 	grade 	I 	examination, 	the
applicant 	shall 	submit 	with 	the 	application, 	proof 	that
the 	applicant 	has 	graduated 	from 	high 	school 	or
equivalent 	satisfactory 	to 	the 	board, 	and 	has 	one 	year
of 	operating 	experience 	(See 	definition 	of 	"operating
experience" 	in 	section 	11-61-2).
(b) 	In 	order 	to 	take 	the 	grade 	II 	examination,
the 	applicant 	shall 	submit 	with 	the 	application, 	proof
that 	one 	of 	the 	following 	combinations 	of 	training 	and
experience 	has 	been met:
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§11-61-4
(1) 	Graduation 	from 	high 	school 	or 	equivalent
satisfactory 	to 	the 	board, 	and 	two 	full 	years
of 	operating 	experience 	and 	six 	educational
points; 	or
(2) 	One 	and 	one-half 	years 	of 	operating
experience 	while 	in 	possession 	of 	a 	grade 	I
certificate.
(c) 	In 	order 	to 	take 	the 	grade 	III 	examination,
the 	applicant 	shall 	submit 	with 	the 	application, 	proof
that 	one 	of 	the 	following 	combinations 	of 	training 	and
experience 	has 	been met:
(1) 	An 	associate 	degree 	including 	fifteen 	units
of 	basic 	science 	from 	an 	accredited 	community
college 	or 	two 	years 	at 	an 	accredited 	college
or 	university 	including 	fifteen 	units 	of
basic 	science, 	and 	two 	years 	of 	operating
experience;
(2) 	Graduation 	from 	high 	school 	or 	equivalent
satisfactory 	to 	the 	board, 	three 	years 	of
operating 	experience 	and a 	minimum of 	sixteen
educational 	points; 	or
(3) 	Two 	and 	one-half 	full 	years 	operating
experience 	while 	in 	the 	possession a 	of 	grade
II 	certificate.
(d) 	In 	order 	to 	take 	the 	grade 	IV 	examination,
the 	applicant 	shall 	submit 	with 	the 	application, 	proof
that 	one 	of 	the 	following 	combinations 	of 	training 	and
experience 	has 	been met:
(1) 	A bachelor's 	degree 	from 	an 	accredited
college 	or 	university with 	a 	major 	related 	to
the 	wastewater 	treatment 	field 	and one 	full
year 	operating 	experience;
(2) 	An 	associate 	degree 	including 	fifteen 	units
of 	basic 	science 	from 	an 	accredited 	community
college 	or 	two 	years 	at 	an 	accredited 	college
or 	university, 	including 	fifteen 	units 	of
basic 	science, 	and 	four 	full 	years 	of
operating 	experience;
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(3) 	Graduation 	from 	high 	school 	or 	equivalent
satisfactory 	to 	the 	board, 	five 	full 	years
operating 	experience 	and 	a 	minimum 	of
thirty-two 	educational 	points; 	or
(4) 	Four 	full 	years 	operating 	experience 	while 	in
the 	possession 	of 	a 	grade 	III 	certificate.
(e) 	Experience 	equivalence.
(1) 	Experience 	shall 	not 	be 	substituted 	for
educational 	points. 	Education may 	substitute
for 	experience 	within 	the 	limits 	specified.
(2) 	One 	full 	year 	of 	operating 	experience 	is
required before 	a 	person 	can 	apply 	for 	an
examination.
(3) 	After 	the 	requirement 	of 	paragraph 	(2) 	is
met, 	a 	maximum of 	sixteen 	educational 	points
may 	be 	substituted 	for 	experience 	to 	qualify
for 	an 	examination. 	Any 	educational 	points
used 	to 	substitute 	for 	experience 	to 	qualify
for 	examination 	shall 	not 	also 	be 	used 	to
meet 	minimum educational 	point 	requirements
for 	that 	examination.
(4) 	Credit 	for 	education 	shall 	be 	allowed as
follows:
(A) 	Sixteen educational 	points 	may be
substituted 	for 	one 	year 	of 	operating
experience.
(B) 	One 	three-unit 	semester 	accredited
college 	course 	related 	to 	wastewater
treatment 	shall 	be 	equivalent 	to 	eight
points.
(C) 	Other 	training 	courses 	equivalent 	to 	a
three-unit 	semester 	accredited 	college
course, 	and 	approved 	by 	the 	board,
shall 	be 	equivalent 	to 	eight 	points.
(D) 	Training 	courses 	in 	water 	quality
control 	conducted by 	a 	community 	college
adult 	evening 	school 	for 	twenty-four
weeks 	or 	a 	semester 	shall 	be
equivalent 	to 	eight 	points.
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(E) 	Short 	courses 	as 	approved by 	the 	board,
shall 	be 	equivalent 	to 	one 	point 	per
eight 	hours 	of 	training, 	with 	a 	maximum
of 	three 	points 	per 	course.
(F) 	In-house 	training 	courses 	shall 	be
assigned points 	based upon 	length 	of
course 	and 	course 	content.
(f) 	High 	school 	equivalency may 	be 	obtained by
substituting 	six 	educational 	points 	for 	each
uncompleted year 	of 	school 	through 	grade 	twelve 	or by
passing 	an 	approved GED 	test.
(g) 	Educational 	point 	evaluation 	criteria.
(1) 	Courses 	directly 	related 	to 	wastewater
treatment 	shall 	receive 	full 	point 	value.
Courses 	indirectly 	related 	to 	wastewater
shall 	receive 	educational 	points 	at 	one-half
value.
(2) 	College 	courses 	(including 	extension 	and
correspondence 	courses 	taken 	for 	credit).
Eight 	educational 	points 	shall 	be 	allowed 	for
a 	three 	unit 	semester 	course 	which 	is
directly 	related 	to 	wastewater 	treatment. 	For
courses 	with more 	or 	less 	credit 	units 	or
with 	credit 	given 	in 	quarter 	units,
educational 	points 	shall 	be 	calculated 	to 	the
nearest 	one 	half 	point 	on 	a 	proportional
basis.
(A) 	Directly 	related 	courses 	for 	all 	grades:
(i) 	Courses 	in wastewater 	collection
and 	treatment 	or 	water 	quality
control. 	Any number 	allowed 	if 	not
duplicated.
(ii) 	Sanitation microbiology. 	Maximum
of 	three 	semester 	units.
(iii) 	Sanitary engineering 	course 	in 	the
wastewater 	treatment 	field. 	Any
number 	allowed 	if 	not 	duplicated.
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(iv) 	Chemistry 	of 	wastewater. 	Maximum
of 	three 	semester units.
(B) 	Indirectly 	related 	courses 	for 	all
grades 	(half 	credit):
(i) 	College 	chemistry up 	to 	twelve
semester units.
(ii) 	Mathematics: 	Algebra, 	geometry,
trigonometry, 	calculus, 	or
statistics. 	Up 	to 	twelve 	semester
units. 	Does 	not 	include 	basic,
introductory, 	or 	business 	math
courses.
(iii) 	Biological 	science: 	Microbiology,
pathogenic 	bacteriology, 	etc. 	Up
to 	nine 	semester units.
(iv) 	General 	physics: 	Up 	to 	nine
semester 	units.
(v) 	Engineering: 	Fluid mechanics,
hydraulics, 	and 	sanitary
engineering 	courses 	not 	directly
related. 	Any number 	allowed 	if 	not
duplicated.
(C) 	Indirectly 	related 	courses. 	Grade 	III
and 	IV only.
(i) 	Technical 	writing. 	Maximum of
three 	semester 	units.
(ii) 	Public 	or 	business 	administration.
Up 	to 	nine 	semester units 	in 	the
area 	of 	organization, 	management,
finance, 	supervision 	and budgeting,
etc.
(iii) 	Public 	speaking. 	Up 	to 	three
semester 	units.
(3) 	Directly related 	short 	courses 	are 	equivalent
to 	one 	point 	per 	eight 	hours 	of 	training 	with
a 	maximum of 	three 	points 	per 	week. 	If 	the
course 	is 	considered by 	the 	board 	to 	be
indirectly 	related, 	one 	point 	shall ·be 	given
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for 	each 	two 	days 	with 	a 	maximum of 	two
points 	per week.
(4) 	California 	State 	University, 	Sacramento, 	A
Field Study Training 	Program 	entitled,
"Operation 	of 	Wastewater 	Treatment 	Plants
Volume 	I" 	- 	six points; 	"Operation of
Wastewater 	Treatment 	Plants, 	Volume 	II" 	-
five 	points; 	"Advanced Waste 	Treatment" 	-
five 	points; 	"Industrial 	Waste 	Treatment
Volume 	I 	& 	II" 	- 	three 	points 	per volume
(5) 	California 	State 	University, 	Sacramento, 	A
Field Study Training 	Program 	entitled,
"Operation 	and Maintenance 	of 	Wastewater
Collection Systems 	Volume 	I 	& II" 	- 	four
points 	per volume. 	"Water Treatment 	Plant
Operation, 	Volume 	II" 	- 	two 	points, 	"Small
Water 	System Operation 	and Maintenance" 	- 	two
points, 	"Water Distribution System Operation
and Maintenance" 	- 	two 	points, 	"Utility
Management" 	- 	one 	point, 	and 	"Collection
Systems: 	Methods 	for 	Evaluating 	and 	Improving
Performance" 	- 	two 	points.
(6) 	Michigan 	State 	University 	correspondence
courses 	entitled, 	"Supervisory Management 	in
the 	Water/Wastewater 	Field" 	- 	six points; 	and
"Maintenance Management 	in 	the
Water/Wastewater 	Field" 	- 	six points.
(7) 	Indiana 	State 	University 	correspondence
course 	entitled, 	"Supervision and Management
for 	Working 	Professionals, 	Volume 	I 	& II" 	-
five 	points 	per 	volume.
(8) 	In-house 	training 	of 	a 	formal 	nature 	shall 	be
evaluated by 	the 	board on 	a 	case-by-case
basis. 	As 	a 	general 	rule, 	one 	point 	shall 	be
allowed 	for 	each 	twelve 	hours 	of 	instruction
for 	directly 	related 	subjects 	and 	one 	point
for 	each 	twenty-four 	hours 	of 	instruction 	in
indirectly 	related 	subjects.
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(9) 	One-day 	training 	seminars, 	safety
conferences, 	or 	educational 	programs
sponsored by 	the 	Hawaii 	Water 	Environment
Association 	shall 	receive 	one 	point 	per 	eight
hours 	of 	training. 	A maximum 	of 	up 	to 	three
points 	shall 	be 	awarded.
(10) 	Other 	extension 	courses 	or 	training 	of 	any
type 	which might 	relate 	to 	the 	operator's
duties 	shall 	be 	evaluated on 	a 	case-by-case
basis. 	Points 	shall 	be 	allowed based on 	the
material 	covered, 	the 	depth 	of 	the 	coverage,
and 	the 	time 	required 	to 	complete 	the 	course.
(h) 	Any 	education 	or 	training 	course 	which 	is
applied 	to 	meet 	the 	education 	requirements 	of 	this
section 	shall 	not 	be 	acceptable 	to 	the 	board unless 	the
applicant 	successfully 	completes 	the 	education 	or
training 	course 	by 	receiving 	a 	passing 	grade 	as 	defined
by 	the 	administering 	~ql{qatioq_.al 	institution. 	[Eff.
11/5/81; 	am 	and comp 	\JAl'd 22 	L002 	] 	(Auth: 	HRS
§§340B-7, 	340B-11) 	(Imp: 	HRS 	§340B-7)
§11-61-5 	Application, 	examination, 	issuance 	and
revocation 	or 	suspension 	of 	wastewater 	treatment 	plant
operator 	certification. 	(a) 	Application.
(1) 	An 	application 	form 	developed by 	the 	board
for 	requesting 	certification as 	a 	wastewater
treatment 	plant 	operator by 	examination, 	or
reciprocity 	certification 	shall 	be 	properly
and 	accurately 	completed and 	submitted with
the 	applicable 	application 	fee 	as 	specified
in 	subsection 	(f) 	to: 	Chairperson, 	Board 	of
Certification 	of 	Operating 	Personnel 	in
Wastewater 	Treatment 	Facilities, 	1350 	Sand
Island 	Parkway, 	Building 	3A, 	Honolulu, 	HI
96819.
(2) 	A complete 	application 	for 	examination 	shall
be 	filed 	with 	the 	board 	on or 	before 	the
filing 	deadline 	established by 	the 	board.
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The 	board 	shall 	establish 	an 	application 	for
examination 	filing 	deadline 	date 	at 	least
sixty 	days 	before 	the 	date 	of 	the 	scheduled
examination 	date.
(3) 	The 	board 	shall 	not 	process 	an 	incomplete
application 	for 	reciprocity 	certification
until 	all 	required 	information 	or missing
information 	is 	submitted 	to 	the 	board.
(4) 	The 	board 	shall 	notify 	each 	applicant 	in
writing 	within 	sixty 	days 	after 	receipt 	of 	a
complete 	application 	of 	the 	decision 	of 	the
board.
(A) 	If 	the 	applicant 	is 	eligible 	to 	take 	the
examination, 	the 	applicant 	shall 	be
advised of 	the 	date, 	time, 	place 	of
examination and 	deadline 	to 	submit
examination 	fees. 	Failure 	to 	submit 	the
examination 	fee 	on 	or 	before 	the
deadline 	established by 	the 	board 	shall
disqualify 	the 	applicant 	for
examination.
(B) 	If 	the 	applicant 	is 	ineligible 	to 	take
the 	examination, 	the 	applicant 	shall 	be
notified by 	letter 	and 	advised 	of 	the
reason 	for 	ineligibility.
(5) 	The 	board 	shall 	disqualify 	an 	applicant 	for
failure 	to 	meet 	the 	qualifications 	for
certification. 	The 	board 	shall 	not 	finally
deny 	certification 	to 	an 	applicant 	without
affording 	the 	applicant 	an 	opportunity 	for 	a
hearing 	in 	accordance 	with 	chapter 	91, 	HRS.
(6) 	If 	a 	disqualified 	applicant 	wants 	a 	chapter
91, 	HRS 	hearing, 	the 	applicant 	shall 	request
the 	hearing 	within 	twenty days 	of 	the 	notice
of 	disqualification.
(7) 	Failure 	of 	the 	board 	to 	act 	on 	a 	complete
application 	for 	certification within 	sixty
days 	after 	receipt 	of 	such 	application 	shall
be 	deemed an 	acceptance 	of 	such 	application.
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(b) 	Examination.
(1) 	If 	the 	applicant 	fails 	to 	meet 	a 	minimum
grade 	of 	seventy per 	cent 	in 	the 	examination,
the 	board 	shall 	not 	issue 	a 	certificate. 	If
the 	applicant 	meets 	the 	minimum grade 	in 	the
examination, 	the board 	shall 	issue 	a
certificate. 	All 	applicants 	shall 	be
notified 	in writing 	within 	thirty days
following 	review 	of 	the 	examination 	results
by 	the 	board as 	to 	whether 	they 	passed or
failed 	the 	examination.
(2) 	After 	the 	examination 	has 	been 	completed 	and
the 	decision 	for 	certifying 	applicants 	has
been 	rendered by 	the 	board, 	all 	examination
papers 	and 	records 	pertaining 	thereto 	shall
be 	filed 	with 	the 	director 	and 	retained 	for
at 	least 	three 	years.
(3) 	If 	an 	applicant 	fails 	to 	meet 	the 	minimum
grade 	requirement 	in 	any 	examination, 	the
applicant 	shall 	be 	permitted 	to 	be 	re-
examined 	at 	a 	subsequent 	examination. 	An
applicant 	desiring 	to 	be 	re-examined 	shall
submit 	an 	application 	together 	with 	the
application 	fee, 	as 	prescribed 	in 	subsection
(a) .
(4) 	The 	board may 	invalidate 	individual 	or 	all
results 	of 	an 	examination 	if 	there 	were
irregularities 	in 	the 	examination. 	An
applicant 	taking 	an 	examination 	that 	has 	been
invalidated 	shall 	be 	notified 	in 	writing 	of
the 	reason 	for 	invalidation.
(c) 	Issuance 	and 	renewal 	of 	certificates 	and
identification 	cards.
(1) 	Upon 	satisfying 	the 	requirements 	for
certification, 	the 	director 	shall 	issue 	a
certificate 	and 	identification 	card 	to 	the
applicant. 	The 	certificate 	shall 	expire 	on
October 	15 	of 	the 	year 	following 	the 	year
that 	it 	was 	earned.
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(2) 	All 	certificates 	must 	be 	renewed 	in
accordance 	with 	this 	subsection 	to 	remain
valid. 	Renewed 	certificates 	shall 	be 	valid
for 	a 	period 	of 	twenty-four 	months 	and 	shall
expire 	on 	October 	15 	of 	the 	appropriate 	year.
(A) 	The 	board 	shall 	forward 	an 	appropriate
renewal 	notice 	to 	each 	certified
operator 	at 	least 	sixty days 	before 	the
date 	of 	expiration 	of 	the 	operator's
certificate. 	The 	renewal 	notice 	shall
be 	sent 	to 	the 	operator's 	last 	known
address 	on 	file 	with 	the 	board.
(B) 	For 	certificates 	earned prior 	to 	the
effective 	date 	of 	this 	rule, 	HRS 	Title
11 	Chapter 	61, 	the 	board may 	initially
stagger 	renewal 	dates 	to 	effectively
manage 	the 	program.
(C) 	As 	a 	prerequisite 	to 	the 	renewal 	of 	a
certificate, 	the 	certified 	operator must
earn a 	minimum of 	two 	continuing
education 	units 	or 	equivalent 	as
approved of 	by 	the 	board within 	a
twenty-four 	month period 	immediately
prior 	to 	the 	certific~te's 	expiration
date.
(D) 	Upon proper payment 	of 	the 	renewal 	fee
by 	the 	certified 	operator, 	the 	board
shall 	issue 	a 	new 	identification 	card.
{E) 	No 	examination 	is 	required 	to 	renew 	a
certificate 	provided 	that 	the
certificate 	renewal 	fee 	is 	paid no 	later
than 	ninety 	days 	after 	the 	certificate
expiration 	date.
(d) 	Suspension, 	and 	revocation 	of 	certificate.
(1) 	The 	board may 	suspend, 	reduce 	the 	grade, 	or
revoke 	the 	certificate 	of 	an 	operator when 	it
is 	found 	that 	the 	operator 	has 	practiced
fraud 	or deceit 	in 	obtaining 	certification or
in performing 	the 	operator's 	duties; 	that
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§11-61-5
reasonable 	care, 	judgment, 	or 	the 	application
of 	the 	operator's 	knowledge 	or 	ability was
not 	used 	in 	the 	performance 	of 	the 	operator's
duties; 	or 	that 	the 	operator 	is 	incompetent
or 	unable 	to 	properly perform 	the 	operator's
duties.
(2) 	Notice 	of 	proposed 	suspension, 	grade
reduction, 	or 	revocation 	shall 	be 	given 	to
the 	operator 	at 	least 	twenty days 	before
taking 	action. 	The 	notice 	shall 	contain 	the
alleged 	facts 	or 	conduct 	upon 	which 	the
proposed 	action 	is 	based 	and 	shall 	inform 	the
operator 	of 	the 	opportunity 	for 	a 	hearing 	in
accordance 	with 	chapter 	91, 	HRS. 	The
operator 	shall 	be 	notified 	of 	the 	proposed
action 	in 	accordance 	with 	the 	provisions 	of
section 	91-9.5, 	HRS.
(3) 	If 	the 	operator wants 	to 	contest 	the
suspension, 	grade 	reduction, 	or 	revocation,
the 	operator 	shall 	request 	a 	hearing 	within
twenty 	days 	after 	receiving 	notice 	of 	the
proposed 	action.
(e) 	A registry of 	wastewater 	treatment 	plants 	and
certified operators 	shall 	be 	updated 	on 	an 	annual 	basis
and 	made 	available.
(f) 	Schedule 	of 	fees.
(1) 	Application 	- 	Twenty-five 	dollars. 	This 	fee
shall 	accompany 	the 	application 	requesting
reciprocity 	certification, 	or 	certification
by 	examination.
(2) 	Examination 	- 	Fifty 	dollars. 	This 	fee 	shall
be 	submitted 	after 	the 	applicant 	receives
notification 	of 	eligibility 	to 	take 	the
examination. 	This 	fee 	includes 	the
certificate 	fee, 	provided 	that 	the
certificate 	is 	earned.
(3) 	Reciprocity 	certificate 	- 	Fifty 	dollars.
This 	fee 	shall 	be 	submitted within 	forty-five
days 	after 	the 	applicant 	receives
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§11 	61-6
notification 	of 	eligibility 	for 	reciprocity
certification. 	The 	applicant 	shall 	be
required 	to 	reapply 	if 	the 	certificate 	fee 	is
not 	submitted within 	the 	required 	time.
(4) 	Temporary 	certificate 	- 	Fifty 	dollars. 	This
fee 	shall 	be 	submitted 	after 	the 	applicant
receives 	word 	that 	he/she 	is 	eligible 	for
temporary 	certification.
(5) 	Renewal 	fee 	- 	Fifty dollars. 	The
certification 	shall 	be 	renewed 	every 	two
years 	and 	the 	renewal 	fee 	shall 	be 	due 	on
October 	15 	of 	the 	year 	the 	certification
expires.
(6) 	Replacement 	of 	certificate 	- 	Twenty-five
dollars. 	This 	fee 	shall 	be 	submitted when
requesting 	replacement 	of 	a 	certificate 	due
to 	loss, 	damage, 	or misplacement.
(7) 	Replacement 	of 	identification 	card 	- 	Ten
dollars. 	This 	fee 	shall 	be 	submitted when
requesting 	replacement 	of 	an 	identification
card due 	to 	loss, 	damage, 	or misplacement.
(8) 	Late 	fee 	- 	Five 	dollars. 	This 	fee 	shall 	be
charged 	if 	the 	certificate 	renewal 	fee 	is
received 	after 	the 	expiration 	date.
(g) 	Posting 	of 	certificate. 	All 	operators 	in
direct 	responsible 	charge 	shall 	post 	their 	certificate
on 	the 	wall 	or 	other 	conspicuous 	place 	at 	the
wastewater 	treatment 	plant 	where 	they 	are 	employed.
[Eff. 	11/5/81; 	am and 	comp 	JAN 2 2 2002 	] 	(Auth: 	HRS
§§340B-7, 	340B-11) 	(Imp: 	HRS 	§§340B-7, 	340B-11)
§11-61-6 	Classification of 	wastewater 	treatment
plants. 	(a). 	Rating 	wastewater 	treatment 	plants.
(1) 	The 	board 	shall 	rate 	and 	classify 	all
wastewater 	treatment 	plants. 	In making
classifications, 	the 	board 	shall 	consider
among 	other 	factors, 	the 	size 	and 	type 	of
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§11-61-6
plants, 	characteristics 	of 	wastewater 	to 	be
treated, 	and 	other 	physical 	conditions
affecting 	such wastewater 	treatment 	plants,
and 	the 	skill, 	knowledge 	and 	experience
required 	of 	an 	operator.
(2) 	Individual 	wastewater 	systems, 	as 	defined 	in
chapter 	11-62 	such 	as 	cesspool, 	septic 	tank,
and 	household aerobic 	unit 	facilities, 	shall
be 	exempt 	from 	classification. 	Industrial
plants 	for 	treatment 	of 	process 	water 	from
oil 	refineries 	and 	sugar mills 	shall 	be
exempt 	from 	classification, 	provided 	such
waste 	streams 	contain no 	domestic 	component
and provided 	further 	that 	they 	do 	not
discharge 	to 	a 	municipal 	collection,
treatment, 	or 	disposal 	system. 	Application
for 	exemption 	from 	classification of 	other
industrial 	wastewater 	treatment 	plants 	may be
made 	to 	the 	director.
(3) 	In 	classifying 	or 	exempting 	from
classification wastewater 	treatment 	plants,
the 	board 	shall 	consider 	applicable
provisions 	of 	chapter 	11-62 	regarding
wastewater 	treatment 	plants 	and 	chapter 	11-23
pertaining 	to 	the 	control 	of 	underground
injection 	of 	wastewater.
(4) 	The 	owner 	of 	the 	wastewater 	treatment 	plant
shall 	notify 	the 	board within 	thirty 	days 	of
any 	significant 	change 	in 	treatment 	process,
waste 	characteristics, 	and waste 	flow.
(b) 	The 	criteria 	to 	be 	used 	for 	the 	rating 	of
wastewater 	treatment 	plants 	are 	contained 	in 	Table 	I,
Criteria 	for 	Classification 	of 	Wastewater 	Treatment
Plants, 	dated 	July 	1, 	2001, 	located 	at 	the 	end 	of 	this
section. 	The 	board 	shall 	classify 	segments 	of
wastewater 	treatment 	plants 	as 	deemed 	necessary 	where
the 	rating 	criteria 	of 	Table 	I 	is 	not 	applicable. 	For
new 	or 	significant 	treatment 	unit 	processes 	or 	controls
not 	adequately 	described 	in 	Table 	I, 	the 	board may
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§11-61-6
include 	such processes 	or 	controls 	into 	the
classification 	criteria 	and 	assign 	an 	appropriate
number 	of 	points 	to 	the 	new processes 	or 	controls.
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PLANT 	CLASS
TABLE 	I
CRITERIA FOR 	CLASSIFICATION
OF 	WASTEWATER TREATMENT 	PLANTS
JULY 	1, 	2001
I. 	II. 	III. 	IV.
RANGE 	OF 	POINTS 	30 	or 	31-55 	56-75 	76 	or
less 	greater
Assign points 	for 	every 	item 	that 	applies:
ITEM
Size
Maximum population 	equivalent 	1 	pt. 	per
(P.E.) 	served, 	peak 	day .......... 	10,000
P.E. 	or
part
Design 	flow 	(avg. 	day) 	or 	1 	pt. 	per
peak month's 	flow 	(avg. 	MGD 	or
day), 	whichever 	is 	larger ....... 	part
Effluent 	Discharge
Max. 	10
Points
Max. 	10
Points
Receiving 	stream 	(sensitivity) ... (2-6 	pts. 	range)
"Effluent 	limited 	segment" 	in
Environmental 	Protection Agency
(EPA) 	terminology; 	secondary
treatment 	is 	adequate................. 	1
More 	than 	secondary 	treatment 	is
required............................... 	2
"Water 	quality 	limited 	segment"
EPA 	terminology; 	stream condi-
tions 	are 	very 	critical 	(dry 	reach,
for 	example) 	and 	a 	very high
degree 	of 	treatment 	is 	required........ 	3
Effluent 	used 	in 	a 	direct
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§11-61-6
recycle 	and 	reuse 	system............... 	6
Land 	disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 	2
Subsurface 	disposal...................... 	5
Variation 	in Raw Wastes
(slight 	to 	extreme) ............ 	(0-6 	pts. 	range)
Variations 	do 	not 	exceed 	those
normally or 	typically 	expected.......... 	0
Recurring 	deviations 	or 	excessive
variations 	of 	100 	to 	200
percent 	in 	strength 	and/or
flow.................................... 	2
Recurring 	deviations 	or 	excessive
variations 	of 	more 	than
200 	percent 	in 	strength 	and/
or 	flow................................. 	4
Raw 	wastes 	subject 	to 	toxic
waste 	discharges........................ 	6
Pretreatment
Screening, 	comminution... .. . . . . . . . ... .. . . . 	3
Grit 	removal.............. . . . . . . . . . . . . . . . . 	3
Plant 	pumping 	of 	main 	flow................ 	3
Standby power 	supply...................... 	2
Flow 	Equalization. . . . . . . . . . . . . . . . . . . . . . . . . . 	2
Primary Treatment
Primary 	clarifiers.. .. . . . . .. . . . . . . ... . . . . . 	5
Combined 	sedimentation/
digestion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	5
Chemical 	addition 	(except
chlorine, 	enzymes)...................... 	4
Secondary Treatment
Trickling 	filter 	w/sec.
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§11-61-6
clarif iers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	10
Activated 	sludge 	w/sec.
clarifiers 	(including 	ext.
aeration 	and 	oxidation
ditches................................. 	15
Stabilization ponds 	without
aeration................................ 	5
Aerated 	lagoon. . . . . . . . . . . . . . . . . . . . . . . . . . . . 	8
Chemical 	Stabilization.................... 	5
Advanced Waste 	Treatment
Polishing 	pond............................ 	2
Chemical/physical 	- 	without
secondary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	15
Chemical/physical 	- 	following
secondary ........................... : . . . 	10
Biological 	or 	chemical/
biological. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	12
Ion 	exchange .............................. 	10
Reverse 	osmosis,
electrodialysis. . . . . . . . . . . . . . . . . . . . . . . . . 	15
Chemical 	recovery, 	carbon
regeneration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 	4
Additional 	Treatment 	Processes
Dissolved 	air 	flotation 	units............. 	5
Chemical/physical 	odor 	control............ 	4
Influent/effluent 	pump 	stations........... 	3
Wastewater pump 	stations.................. 	3
Solids 	Handling
Thickening.................. . . . . . . . . . . . . . . 	5
Anaerobic 	digestion ....................... 	10
Aerobic 	digestion......................... 	6
Evaporative 	sludge 	drying................. 	2
Mechanical 	dewatering. .................... 	8
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[Eff. 	11/5/81; 	am 	and 	comp 	J 	2 2 2002 	] 	(Auth: 	HRS
§§340B-2, 	340B-7) 	(Imp: 	HRS 	§§340B-2,340B-7)
§11-61-7 	Procedures 	of 	the 	board. 	(a) 	The
headquarters 	of 	this 	board 	shall 	be 	located 	in 	the
department 	of 	health, 	1350 	Sand 	Island 	Parkway,
Building 	3A, 	Honolulu, 	Hawaii 	96819. 	All 	documents,
instruments 	and properties 	of 	the 	board, 	which 	are
under 	the 	custody 	of 	the 	board, 	shall 	be 	kept 	with 	the
director.
(b) 	Five 	members 	of 	the 	board 	shall 	constitute 	a
quorum 	to 	do 	business, 	and 	the 	concurrence 	of 	a
majority 	of 	all 	the 	members 	of 	which 	the 	board 	is
entitled 	shall 	be 	necessary 	to 	make 	any 	action 	of 	the
board valid. 	[Eff. 	11/5/81; 	am and 	comp 	J N 2 2 2002 	]
(Auth: 	HRS 	§§340B-7, 	92-15) 	(Imp: 	HRS 	§§92-15; 	340B-7)
§11-61-8 	Penalties 	and 	remedies. 	Any person who
violates 	any provision 	of 	this 	chapter 	shall 	be 	subject
to 	the 	penalties 	and 	remedies 	provided under 	sections
340B-9, 	340B-10, 	and 	603-23, 	HRS. 	Eff. 	11/5/81; 	ren
§11-61-9, 	am 	and 	comp 	] 	(Auth: 	HRS
§ § 3 4 OB - 7 , 	3 4 0 B - 11 ) 	( I mp : 	§ 3 4 0 B - 7 , 	3 4 OB - 9 , 	3 4 OB - 1 O,
340B-ll; 	603-23)
§11-61-9 	Severability. 	If 	any provision 	of 	this
chapter 	or 	the 	application 	to 	any person 	or
circumstance 	is 	held 	invalid, 	the 	invalidity 	shall 	not
affect 	other 	provisions 	or 	application of 	this 	chapter
which 	can be 	given 	effect 	without 	regard 	to 	the 	invalid
provision 	or 	application. 11 	[Eff. 	11/5/81] 	(Auth: 	HRS
§§340B-7, 	340B-11) 	(Imp: 	HRS 	§§340B-7, 	340B-11)
61-24
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§11-61-6
Solids 	reduction 	(incineration,
wet 	oxidation) . . . . . . . . . . . . . . . . . . . . . . . . . . 	12
Disinfection
Chlorination 	or 	comparable................ 	5
On-site 	generation 	of 	disinfectant........ 	5
Ultraviolet 	disinfection.................. 	10
Ozonation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	10
Laboratory 	Control 	by 	Plant 	Personnel
Bacteriological 	(complexity) .. (0-10 	pts. 	range)
Lab work 	done 	outside 	the 	plant........... 	O
Membrane 	filter 	procedures................ 	3
Use 	of 	fermentation 	tubes 	or 	any
dilution 	methods, 	fecal
coliform determination.................. 	5
Biological 	identification ..... ~........... 	7
Virus 	studies 	or 	similarly
complex work 	conducted 	on-site .......... 	10
Chemical/physical 	(complexity) .. (0-10 	pts. 	range)
Lab work 	done 	outside 	the
plant... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 	O
Pushbutton 	or 	visual 	methods
for 	simple 	tests 	such 	as 	pH,
settleable 	solids 	-- 	up 	to.............. 	3
Additional 	procedures 	such 	as
DO, 	COD, 	BOD, 	gas 	analysis,
titrations, 	solids 	volatile
content 	- 	up 	to. . . . . . . . . . . . . . . . . . . . . . . . . 	5
More 	advanced 	determinations
such 	as 	specific 	constituents:
nutrients, 	total 	oils, 	phenols,
etc . 	- 	up 	to. . . . . . . . . . . . . . . . . . . . . . . . . . . . 	7
Highly 	sophisticated 	instrumen-
tation 	such 	as 	atomic 	absorp-
tion 	and 	gas 	chromatography ............. 	10
61-23
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