The Department is establishing licensure requirements and procedures for water distribution system operators. Also, the Department is making clarifications and changes to current licensure requirements and procedures for water or domestic wastewater ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-602.200: Definitions
62-602.230: Approval of Residence or Correspondence Courses
62-602.250: Criteria for Determining Eligible Experience
62-602.270: Eligibility for Operator Examinations
62-602.300: Qualifications for Operator Licensure
62-602.350: Approval of Residence or Correspondence Courses
62-602.360: Licensing Requirements for Non-Florida Operators
62-602.410: Applications for Examination
62-602.420: Applications for License
62-602.430: Application Processing for Examinations and license
62-602.450: Notification to Applicants for Examinations
62-602.500: Examination Administration
62-602.560: Candidates' Post Exam Review
62-602.570: Formal Administrative Hearing Petition and Pre-hearing Review Request
62-602.580: Use of Trial Test Items in Examinations
62-602.600: Fees for Operator Examinations and Licensure
62-602.650: Duties of Operators
62-602.660: Technical Manuals
62-602.700: Operator Licensing
62-602.710: Renewal of Operator Licenses
62-602.720: Inactive Status of License
62-602.800: Grounds for Disciplinary Proceedings
62-602.850: Disciplinary Guidelines
62-602.870: Suspension and Revocation of Operator License
62-602.880: Consecutive Public Water System Operator Licenses
62-602.900: Forms for the Operator Certification Program
PURPOSE AND EFFECT: The Department is establishing licensure requirements and procedures for water distribution system operators. Also, the Department is making clarifications and changes to current licensure requirements and procedures for water or domestic wastewater treatment plant operators.
SUMMARY: Rule 62-602.200, F.A.C., is being amended to clarify, change, or add definitions of words, phrases, and terms used in Chapter 62-602 and Rule 62-602.230, F.A.C., is being amended to specify how the Department will approve training courses for water distribution system operators and treatment plant operators; to eliminate the requirement for residence courses to be affiliated with an academic institution of the Florida Department of Education; and to eliminate the requirement for instructors of residence courses to be a licensed operator. Rule 62-602.250, F.A.C., is being amended to describe eligible water distribution system operator experience and is being amended to indicate that treatment plant operator experience may be obtained as an employee, volunteer, or contractor and may be obtained at a plant or an electronic control system. Rule 62-602.270, F.A.C., is being amended to add exam eligibility requirements for water distribution system operators. Rule 62-602.300, F.A.C., is being amended to specify qualifications for licensure of water distribution system operators. Rule 62-602.350, F.A.C., is being repealed because it is superseded by Rule 62-602.230, F.A.C., Rule 62-602.360, F.A.C., is being amended to establish licensing requirements for water distribution system operators licensed in other states and is being amended to give operators licensed in other states one opportunity to pass an exam without having to complete a training course. Rule 62-602.410, F.A.C., is being amended to add application procedures for water distribution system operator exams and is being amended to eliminate language that allows persons to apply for an operator exam and license at the same time. Rule 62-602.420, F.A.C., is being amended to add application procedures for water distribution system operator licenses. Rule 62-602.430, F.A.C., is being amended to eliminate language that allows persons to apply for an operator exam and license at the same time. Rule 62-602.450, F.A.C., is being amended to clarify that only applicants approved by the Department to take an exam will be notified about the exam. Rule 62-602.500, F.A.C., is being amended to eliminate reference to outdated and unnecessary Department manuals. Rule 62-602.560, F.A.C., is being amended to establish a time limit for post-exam reviews; to specify what documents examinees will be given during post-exam reviews; to state that challenges of exam questions must be submitted in writing during post-exam reviews; and to state that, after a meritorious challenge of an exam question, the Department will regrade only the exams of those examinees who failed but scored a 65 percent or higher. Rule 62-602.570, F.A.C., is being amended to give examinees the opportunity to petition for an administrative hearing within 21 days after the date the Department sends to the examinee the Department’s determination that an exam question challenge is without merit and is being amended to state that the Department will issue an amended grade notification letter if it discovers during preparation for an administrative hearing that credit should be awarded for an exam question. Rule 62-602.580, F.A.C., is being amended to state that the Department will use operator examinations developed by or for the Department or available national operator examinations and is being amended to add criteria for national operator examinations. Rule 62-602.600, F.A.C., is being amended to add exam fees, licensure fees, and license renewal fees for water distribution system operators; to eliminate language allowing persons to apply for an operator exam and license at the same time; and to eliminate the opportunity for examinees to request hand scoring of an exam because repeat electronic scoring is conducted. Rule 62-602.650, F.A.C., is being amended to add the duties of water distribution system operators; to clarify the duties of treatment plant operators; to require a separate operation and maintenance (O&M) log for each water or wastewater treatment plant; to add approval criteria and procedures for electronic treatment plant O&M logs; to require operators to note in treatment plant O&M logs when they report emergency/abnormal conditions; and to require, beginning May 1, 2011, an O&M log for each water distribution system. Rule 62-602.660, F.A.C., is being amended to list the latest edition of referenced operation manuals; to reference five new operation manuals; and to eliminate reference to design and construction manuals and two obsolete operation manuals. Rule 62-602.700, F.A.C., is being amended to make a minor clarification. Rule 62-602.710, F.A.C., is being amended to add continuing education requirements for water distribution system operators and is being amended to add new topics for continuing education. Rule 62-602.720, F.A.C., is being amended to make minor clarifications. Rule 62-602.800, F.A.C., is being amended to establish grounds for disciplinary proceedings for water distribution system operators. Rule 62-602.850, F.A.C., is being amended to establish disciplinary guidelines for water distribution system operators; to increase the maximum penalty for submitting false information; to specify a recommended penalty for failure to perform treatment plant operation or water distribution system operation in a manner consistent with standard operating practices; and to recommend a penalty for failure to comply with any Department order previously entered in a disciplinary hearing. Rule 62-602.870, F.A.C., is being amended to establish grounds for suspension or revocation of water distribution system operator licenses. Rule 62-602.880, F.A.C., is being amended to state that the Department will no longer issue consecutive public water system operator licenses and will convert all existing consecutive public water system operator licenses to Level 4 water distribution system operator licenses. Rule 62-602.900, F.A.C., is being amended to add application forms for water distribution system operator exams and licenses.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Costs has been prepared. The Department believes that the licensure requirements and procedures it is establishing for water distribution system operators constitute the lowest cost regulatory alternative for meeting Florida Statutes and the U.S. Environmental Protection Agency’s “Final Guidelines for the Certification and Recertification of the Operators of Community and Nontransient Noncommunity Public Water Systems” and for maintaining consistency with current licensure requirements and procedures for water or domestic wastewater treatment plant operators. Also, the Department believes that the changes it is making to current licensure requirements and procedures for water or domestic wastewater treatment plant operators will create minimal additional regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.869, 403.872 FS.
LAW IMPLEMENTED: 403.182, 403.1842, 403.8532, 403.862(1)(c), 403.865, 403.866, 403.867, 403.869, 403.871, 403.872, 403.873, 403.874, 403.875, 403.875(1)(a), 403.876 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 20, 2007, 10:00 a.m.
PLACE: Room 609, Twin Towers Office Building, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Virginia Harmon, Department of Environmental Protection, Drinking Water Section (MS 3520), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Virginia Harmon, Department of Environmental Protection, Drinking Water Section (MS 3520), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-602.200 Definitions.

For the purposes of this chapter, the following words, phrases, or terms shall have the following meaning be defined as follows.

(1) “Approved County Health Department” means a county health department designated by the Department of Health and approved by the Department of Environmental Protection as having a qualified sanitary engineering staff to perform the duties described in Section 403.862(1)(c), F.S.

(2)(1) “Approved training course” means a course that has received written approval from the Department for the training of water or wastewater operators as described in Rule 62-602.230, F.A.C.

(3) “Automatic control system” means an on-site computerized system with sensors and programs that can adjust and control domestic wastewater or water treatment plant equipment and processes over the normal range of expected operating conditions without operator assistance.

(4)(2) No change.

(5) “Delegated local program” means any county, municipality, or combination thereof that has established, and administers, a pollution control program approved by the Department of Environmental Protection in compliance with Section 403.182, F.S.

(3) through (4) renumbered (6) through (7) No change.

(8) “Electronic control system” means a comprehensive automatic control system plus electronic surveillance system along with capability for manual adjustment and control of domestic wastewater or water treatment plant equipment and processes via a computerized system at a central or off-site location that is staffed by a Class C or higher treatment plant operator 24 hours per day and seven days per week.

(9) “Electronic surveillance system” means a system that monitors operation of a domestic wastewater or water treatment plant and transmits the results of such monitoring by electronic means to a central or off-site location. The use of a telephone for communication between the lead/chief operator and plant personnel is not considered electronic surveillance.

(10)(5) “Experience” means employment either as an employee, or volunteer, or contractor at in a public drinking water or domestic wastewater treatment plant or electronic control system performing the duties described in subsections 62-602.250(1) and (2), F.A.C., or means employment as an employee, volunteer, or contractor on or for a water distribution system performing the duties described in subsection 62-602.250(7), F.A.C. Employment at an industrial treatment wastewater plant using similar water or wastewater treatment processes similar to those used at drinking water or domestic wastewater treatment plants will qualify as water or domestic wastewater treatment plant operator experience and will be approved by the Department if the criteria in subsection 62-602.250(3)(4) or (4)(5), F.A.C., are met.

(6) through (7) renumbered (11) through (12) No change.

(13)(8) “Operator” means, for the purpose of this chapter, any person who has an active license issued, under this chapter, by the Department. License classes and Classification levels are Class A, B, C, and D for treatment plant operators and Level 1, 2, 3, and 4 for water distribution system operators.

(14)(9) No change.

(15)(10) “Probation letter” means a letter reprimanding the operator for failure to comply with the provisions of Rule 62-602.650, F.A.C. This letter shall initiate up to a two-year probation wherein the operator must complete one additional CEU. The letter shall set forth with specificity the allegations of fact that justify the Department’s proposed actions. Within 21 days after receipt of notification, the person affected may petition for an administrative hearing under Sections 120.569 and 120.57, F.S. An additional violation of a similar nature or failure to complete the additional CEU shall result in the suspension of the license for two years.

(16) “Public water system” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A PWS includes: any collection, treatment, storage, or distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under control of the operator of such system but used primarily in connection with such system. A PWS does not include any special irrigation district. A PWS is either a community water system or a non-community water system.

(17)(11) “Standard operating practice” means effective and competent treatment plant or water distribution system operation that which is consistent with the existing treatment plant or water distribution system design, the existing treatment plant and operations and maintenance manual(s), manufacturer’s’ equipment manuals, specifications, professionally accepted treatment plant operation procedures as contained in the technical manuals listed in Rule 62-602.660, F.A.C., and other applicable Department rules. This definition applies to functions that which directly affect treatment plant or water distribution system operations and that which can be reasonably controlled by the operator.

(12) through (13) renumbered (18) through (19) No change.

(20) “Water distribution system” means those components of a regulated public water system used in conveying water for human consumption from the water treatment plant to the consumer's property, including pipes, tanks, pumps, and other constructed conveyances.

(21)(14) No change.

Specific Authority 403.869 FS. Law Implemented 403.182, 403.862(1)(c), 403.865, 403.866, 403.867, 403.869 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

62-602.230 Approval of Residence or Correspondence Courses.

Educational courses for training of water and wastewater operators shall be approved by type and class or level of training provided. The Department shall approve operator training courses that have a whose course content and curriculum meeting established Florida Department of Education (DOE) standards as provided in the Department’s Water, Wastewater, & Distribution Operator Knowledge Base Manual 2007, hereby adopted and incorporated by reference. A list of approved courses and performance standards can be found in DOE documents number 0175.050603, “Water Treatment Technologies,” and 0715.050604, “Wastewater Treatment Technologies,” July 1999, incorporated herein by reference. Copies of this these documents may be obtained from the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Residence courses shall only be approved if affiliated with an academic institution of the Florida Department of Education, shall be approved granted for two years, and can be re-approved upon request. Residence courses shall not be approved for less than the recommended classroom hours shown in the standard curriculum outlines. The course shall implement the Department of Education curriculum frameworks and student performance standards for training of drinking water or domestic wastewater operators. The application by the academic institution for approval of a residence course shall contain the following:

(a) Title of the course, the type and class or level of the course, material, and the total classroom hours;

(b) A statement describing that the state-approved curriculum and materials that will be used;

(c) A statement setting forth the obligations and responsibilities of the instructor and the institution offering the course;

(c)(d) A statement that the course will meet the Department standards as provided in the Department’s Water, Wastewater, & Distribution Operator Knowledge Base Manual 2007 of Education approved training objectives for the type and class or level of the course offered; and

(d)(e) A statement of the qQualifications, obligations, and responsibilities of the primary instructor, who shall be a certified operator at a level higher than the level of the proposed course, or be a certified operator who has been certified at the same level as the proposed course for a minimum of two years. The primary instructor is responsible for developing or reviewing the course curriculum and ensuring the curriculum meets Department standards as provided in the Department’s Water, Wastewater, & Distribution Operator Knowledge Base Manual 2007. The primary instructor may have additional experts assist with or instruct areas of specialized training. Primary instructors shall sign all certificates of completion and notify the Department when a change occurs in the primary instructor of an approved course.

(2) Residence courses shall not be approved unless an application as described in subsection (1) above is submitted more than 60 days before the first day of class. Residence courses shall use the standard curriculum outlines. Copies of the standard curriculum outlines are available from the Department of Environmental Protection at the Operator Certification Program Office, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) Approval for a correspondence course shall be for as long as the materials are current and applicable to the training needed by Florida operators. The Department shall review the materials every two years to determine if the course is current. Approval of correspondence courses only shall only be granted by the Department for courses that meet the standards in the Department’s Water, Wastewater, & Distribution Operator Knowledge Base Manual 2007 curriculum frameworks of the Florida Department of Education. The publisher or provider of a correspondence course shall submit copies of the text and materials, including tests, to the Department for approval. The application shall outline how the provider will interact with the student, how many lessons will be contained in the course, how much time the student is expected to spend on the course, how successful completion of the course will be indicated, and how frequently the course will be revised to reflect changing technology or new techniques of treatment. The provider of the course shall notify the Department when revisions are made, and shall provide the Department with a copy of the revised materials.

(4) No change.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended________.

 

62-602.250 Criteria for Determining Eligible Experience.

(1) Experience necessary for treatment plant operators to meet the requirements of Rule 62-602.300, F.A.C., shall include performance of on-site process control and trouble shooting action with the treatment process as described listed in paragraph (a) below while working at a domestic wastewater or water treatment plant or electronic control system as an employee, volunteer, or contractor. Experience listed in paragraph (b) below while working for a permittee or supplier of water as an employee, volunteer, or contractor also can also be included for part of the documented experience if the experience described listed in paragraph (a) predominates.

(a) No change.

(b) Water distribution system operation and maintenance as described in subsection 62-602.250(7), F.A.C., sSample collection and analysis, electronic surveillance system monitoring, and plant operation and maintenance, and solids handling.

(2) For the Class A license, persons can use periods of employment as an direct on-site supervisor or superintendent of on-site operators at a treatment plant or electronic control system can be used.

(3) through (4) No change.

(5) Experience required for the treatment plant operator license shall be acquired in the type of treatment, in either wastewater or drinking water, for which a license is requested. Experience in treatment of wastewater for reuse shall be counted as wastewater experience.

(6) Experience for treatment plant operators excludes:

(a) through (d) No change.

(e)Experience limited solely to driving a sludge truck, monitoring an electronic surveillance system, facility maintenance, or laboratory work; and

(f) No change.

(7) Experience necessary for water distribution system operators to meet the requirements in Rule 62-602.300, F.A.C., shall include performance of the duties listed in paragraph (a) below while working on or for a water distribution system as an employee, volunteer, or contractor. Experience listed in paragraph (b) below while working on or for a water distribution system as an employee, volunteer, or contractor also may be included for part of the documented experience if the experience listed in paragraph (a) predominates.

(a) Cleaning (swabbing, pigging, scraping, or air purging) water mains; installing, tapping, repairing/replacing, pressure testing, or disinfecting water mains and appurtenances (including fittings, valves, and hydrants); cleaning or disinfecting finished-water storage tanks; operating or adjusting pumps or control valves as necessary to regulate water distribution system flows or pressures; evaluating and interpreting water quality measurements in water distribution systems and troubleshooting to determine causes of water quality complaints; and estimating and justifying water distribution system operation and maintenance budgets.

(b) Flushing water mains; installing or repairing/replacing water services lines and appurtenances (including fittings, valves, and meters); establishing or implementing a cross-connection control program (including installing, repairing/replacing, or testing backflow preventers); testing and maintaining water meters; locating and marking water mains or service lines; operating or exercising isolation valves; testing and maintaining fire hydrants; repairing/overhauling water pumps, control valves or meters; performing water quality measurements in water distribution systems; collecting and analyzing water samples; reading or updating water distribution system maps; and preparing water distribution system operation and maintenance records.

(8) Water distribution system operator experience excludes work on or for a potable water system that is not a Department-regulated public water system and excludes work on fire protection systems; irrigation systems; or gas, oil, or steam piping systems.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.865, 403.866, 403.867, 403.872 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

62-602.270 Eligibility for Operator Examinations.

(1) To be eligible for operator licensing examinations, the applicant must meet the following criteria:

(a) No change.

(b) For Class A, B, or C treatment plant operator examinations and Level 1, 2, or 3 water distribution system operator examinations, hHave successfully completed a Department-approved required training course for the classification or and level of the examination to be taken no more than 5 years before the examination.

(c) Treatment plant operators must bBe currently licensed as follows:

1. Licensed as a Class at the B operator level to take the Class A level examination.

2. Licensed as a Class at the C operator level to take the Class B level examination.

(d) Water distribution system operators must be currently licensed as follows:

1. Licensed as a Level 2 operator to take the Level 1 examination.

2. Licensed as a Level 3 operator to take the Level 2 examination.

(2) Operators from other states must meet the requirements of Rule paragraphs 62-602.360(1)(a)-(d), F.A.C.

(3) In lieu of meeting the requirements described in subsection (1) above, applicants for a water distribution system operator examination shall be allowed one opportunity to take either a Level 1, 2, or 3 examination before May 1, 2011, if the applicant meets the criteria listed in paragraphs (a) through (d) below. If a passing score is not obtained on the first examination attempt, the applicant must successfully complete a Department-approved Level 3 water distribution system operator training course and begin the licensure process as a Level 3 water distribution system operator in accordance with subsection (1) above. Applicants under this subsection (3) must meet the following criteria:

(a) For a Level 3 water distribution system operator examination, have a high school diploma or its equivalent and document at least 1.5 years (3,120 hours) of experience as defined in subsection 62-602.250(7), F.A.C.; or

(b) For a Level 2 water distribution system operator examination, have a high school diploma or its equivalent and document at least 4 years (8,320 hours) of experience as defined in subsection 62-602.250(7), F.A.C.; or

(c) For a Level 1 water distribution system operator examination, have a high school diploma or its equivalent and document at least 6.5 years (13,520 hours) of experience as defined in subsection 62-602.250(7), F.A.C.

Note: To be eligible for licensure, all of the applicable requirements of Rule 62-602.300, F.A.C., must be met.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended__________.

 

62-602.300 Qualifications for Operator Licensure.

To be eligible for licensure by the Department, the applicant shall:

(1) through (4) No change.

(5) For licensure as a Level 4 water distribution system operator, either meet the criteria in paragraphs (a) through (c) below or hold an active Department-issued Consecutive Public Water System Operator License.

(a) Have a high school diploma or its equivalent; and

(b) Be the owner or owner’s manager, agent, or trainee engaged in the operation and maintenance of a regulated public water distribution system for at least 3 months before submitting application for licensure; or document successful completion of a Department-approved Level 4 water distribution system operator training course no more than 5 years before submitting application for licensure and have at least 1 hour of water distribution system operation and maintenance experience that is obtained under a licensed operator and that is completed before submitting application for licensure; and

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 4 water distribution system operator examination.

(6) For licensure as a Level 3 water distribution system operator, meet the criteria in paragraphs (a) through (c) below.

(a) Have a high school diploma or its equivalent; and

(b) Document at least 1 year (2,080 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 3 water distribution system operator examination no more than 4 years before submitting application for licensure.

(7) For licensure as a Level 2 water distribution system operator, meet the criteria in paragraphs (a) through (c) below.

(a) Have a high school diploma or its equivalent; and

(b) Document at least 3 years (6,240 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 2 water distribution system operator examination no more than 4 years before submitting application for licensure.

(8) For licensure as a Level 1 water distribution system operator, meet the criteria in paragraphs (a) through (c) below.

(a) Have a high school diploma or its equivalent; and

(b) Document at least five 5 years (10,400 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 1 water distribution system operator examination no more than 4 years before submitting application for licensure.

(9) In lieu of meeting the criteria in subsections (6), (7), or (8) above, applicants for a water distribution system operator license who meet the requirements listed in paragraphs (a), (b), or (c) below may apply for licensure to the Department before May 1, 2011.

(a) For licensure as a Level 3 water distribution system operator, the applicant must have received a high school diploma or its equivalent; have satisfactorily completed or instructed prior to [insert the effective date of this rule] one or more water distribution system operator training courses that address operation and maintenance of water distribution systems, total no less than 20 contact hours, and include an end-of-course exam; and document at least 1 year (2,080 hours) of experience as defined in subsection 62-602.250(7), F.A.C.; or

(b) For licensure as a Level 2 water distribution system operator, the applicant must have received a high school diploma or its equivalent; have satisfactorily completed or instructed prior to [insert the effective date of this rule] one or more water distribution system operator training courses that address operation and maintenance and troubleshooting of water distribution systems, total no less than 40 contact hours, and include an end-of-course exam; and document at least 3 years (6,240 hours) of experience as defined in subsection 62-602.250(7), F.A.C.; or

(c) For licensure as a Level 1 water distribution system operator, the applicant must have received a high school diploma or its equivalent; have satisfactorily completed or instructed prior to [insert the effective date of this paragraph] one or more water distribution system operator training courses that address operation and maintenance and troubleshooting of water distribution systems and supervision of water distribution system personnel, total no less than 60 contact hours, and include an end-of-course exam; and document at least 5 years (10,400 hours) of experience as defined in subsection 62-602.250(7), F.A.C.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 12‑30‑99, Amended 2-6-02,__________.

 

62-602.350 Approval of Residence or Correspondence Courses.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 12‑30‑99, Repealed__________.

 

62-602.360 Licensing Requirements for Non-Florida Operators.

Operators licensed in other states must meet the following requirements to obtain a Florida license:

(1) No change.

(2) Have successfully completed a required training course for the classification and level of the license being requested no more than 5 years before the application;

(2)(3) Have the required experience specified in Rule 62-602.300, F.A.C., for the class or level of license being requested. Additionally, this experience must include at least two years at a plant using a treatment process that, if in Florida, would require an operator licensed at the level being requested according to the criteria established in Rule 62-699.310, F.A.C.;

(3)(4) Possess an active license equivalent to the class or level of license being requested;

(4)(5) Be provided one opportunity to oObtain a passing score on the licensing examination, as provided for in paragraph 62-602.550(1)(a), for the class or level of license being requested. For the purpose of obtaining a license, the examination will satisfy the examination criterion for licensing for a period of four years from the date a passing score is obtained. If a passing score is not obtained on the first examination attempt, the applicant must complete a required training course for the class or level of the license being requested prior to resubmitting an application for examination. The required training course for the class or level of license being requested must have been completed no more than 5 years before the application for examination.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended_________.

 

62-602.410 Applications for Examination.

(1) Applications for treatment plant operator examinations shall be made on Form 62-602.900(2), the “Application for Water or Wastewater Treatment Plant Operator Examination,” hereby adopted and incorporated by reference, effective __________, form 62-602.900(2), and shall include all fees and documentation required by this chapter these rules. Applications for water distribution system operator examinations shall be made on Form 62-602.900(4), “Application for Water Distribution System Operator Examination,” hereby adopted and incorporated by reference, effective __________, and shall include all fees and documentation required by this chapter.

(2)(a) Documentation of course completion shall include the name and type of training institution, the number of classroom hours in the approved course, the date of course completion, the type and level of training approved (drinking water or domestic wastewater treatment plant Class D, C, B, or A or water distribution system Level 4, 3, 2, or 1), and the signature of the instructor who determined that the applicant has successfully completed the course.

(3)(b) No change.

(2) Applicants requesting to take the operator examination and apply for license at the same time must submit both forms 62-602.900(1) and 62-602.900(2) with associated fees and documentation.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended__________.

 

62-602.420 Applications for License.

(1) Applications for treatment plant operator the licenses shall be made on Form 62-602.900(1), the “Application for Water or Wastewater Treatment Plant Operator License,” Certification,” hereby adopted and incorporated by reference, effective __________, form 62-602.900(1), and shall include all fees and documentation required by this chapter these rules. Applications for water distribution system operator licenses shall be made on Form 62-602.900(3), “Application for Distribution System Operator License,” hereby adopted and incorporated by reference, effective __________, and shall include all fees and documentation required by this chapter.

(2) Verification of employment experience as defined in subsection 62-602.200(8)(5), F.A.C., and Rule 62-602.250, F.A.C., shall be provided by the applicant to confirm the hours required in Rule 62-602.300, F.A.C. These hours shall be verified by one of, or a combination of, (a) through (d) and (b) below.

(a) For applicants who are working as an employee or volunteer, hours shall be verified by tThe lead operator of the treatment plant or water distribution system, or the applicant’s operator’s supervisor, or for contract operators, the contract manager for the plant or system.

(b) For applicants who are working as a contractor, hours shall be verified by the contract manager for each treatment plant or water distribution system, or for multiple plants and who cannot meet the requirements of (a) above, the applicant shall submit with the application a copy of the contract for the operation of each treatment plant, or water distribution system or a certification an affidavit from the plant or system owner verifying time at each the plant or system.

(c) No change.

(d) If the employment experience is not verified by a licensed operator, an the applicant for a treatment plant operator license must also provide a reference from a peer who is a licensed operator of the same type (drinking water or domestic wastewater) to verify the type of experience of the applicant. If the employment experience is not verified by a licensed operator, an applicant for a water distribution system operator license must provide a reference from a peer who is either a licensed water treatment plant operator or a licensed water distribution system operator to verify the type of experience of the applicant.

(3)(e) No change.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended__________.

 

62-602.430 Application Processing for Examinations and license.

(1) Applications for operator examinations shall be processed as described. Complete applications for examinations shall be submitted to the Department or its designee no later than 90 days before the date of the requested examination. For purposes of this rule, an application is complete when all items on the application form have been fully answered with all attendant documentation provided, the applicant has paid all fees specified in Rule 62-602.600, F.A.C., and all checks submitted have been honored. Applications postmarked, or delivered by hand to the Department, less than 90 days before the date of an examination shall be processed for the next examination.

(a) through (c) No change.

(2) No change.

(3) Applications for examination and licensure may be submitted together if the applicant has met all the requirements of Rule 62-602.300, F.A.C., except for achieving a passing score on the required examination for the license being requested. The examination portion of the application will be processed as specified in item (1) above. The application for license will be deemed incomplete until the examination results are available at which time it will be processed as specified in item (2) above.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended__________.

 

62-602.450 Notification to Applicants for Examinations.

(1) For each applicant approved by tThe Department to take the examination, the Department will notify the each applicant of the time, place, and date of the examination, and will provide the applicant with an admission notice that is required for admission to the examination. An examinee handbook also will be provided to all applicants.

(2) through (3) No change.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended__________.

 

62-602.500 Examination Administration.

(1) through (3) No change.

(4) All examinations will be administered in accordance with the Department's "Manual for Examinations," 1999, incorporated herein by reference and available by writing to the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(5) through (7) renumbered (4) through (6) No change.

(8) Security procedures shall be used as specified in the Department’s “Operator Certification Program Security Procedures Manual,” 1999, incorporated herein by reference and available by writing to Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended_________.

 

62-602.560 Candidates’ Post-Exam Review.

A candidate who has taken and failed an examination shall have the right to review the examination questions and correct answers for the questions the candidate answered incorrectly under the following conditions:

(1) Requests for a post-examination review shall be submitted to the Department in writing and shall include the fee specified in subsection 62-602.600(6), F.A.C. Requests must be postmarked, or delivered by hand to the Department, no later than 21 days after the date on of the original grade notification letter notice of examination failure issued by the Department. Issuance of an amended grade notification letter, if applicable, will not extend the deadline for a candidate to request a post-examination review unless the amended grade notification letter affects the pass/fail status of the candidate.

(2) Examination reviews shall be conducted in the presence of a representative of the Department at its Tallahassee headquarters during regular working hours, which are defined as 8:00 a.m. through 5:00 p.m., Monday through Friday, excluding official Sstate holidays.

(a) All security procedures defined in the “Operator Certification Program Security Procedures Manual” shall apply to all review sessions. Any candidate violating said procedures shall be dismissed from the review session, and is subject to other sanctions under Department statutes or rules.

(a)(b) Upon payment of fees required in subsection 62-602.600(7), F.A.C., examination reviews by candidates shall be scheduled. These Rreviews shall be scheduled and completed no later than 60 days after the date on the original grade notification letter or no later than 60 days after the date on an amended grade notification letter if the amended grade notification letter affects the pass/fail status of the candidate. Reviews shall not be conducted during the 30-day period immediately before the next examination.

(b)(c) A representative from the Department shall remain with all candidates throughout all examination reviews. The representative cannot defend the examination or attempt to answer any examination questions during the review. All comments regarding an exam question shall be submitted in writing to the exam review coordinator. Candidates shall be provided with written instructions before the review. All candidates must acknowledge receipt of these instructions, and agree in writing to abide by them.

(c) Candidates will be given an examination review time equal to no more than half the time provided for administration of the examination failed.

(d) Candidates reviewing an examination will be provided with a clean, exact copy of the original examination questions. Examination booklets used by candidates during examinations are not retained. Consequently, candidates will not be given the actual examination booklet they used during the examination, which means that any marks or notes made by candidates in their examination booklet during an examination will not be available during the review. Upon completion of all reviews, all candidates shall acknowledge in writing the start time of the review, the end time of the review, all materials reviewed, and other relevant review information.

(e) Candidates have the right to challenge any examination question that they believe is ambiguous or any examination question solution that they believe is incorrect and to request an administrative hearing if the challenge is found by the Department to be without merit. Challenges must be submitted in writing during reviews. Any challenge or supporting documentation submitted after a candidate leaves a review shall not be accepted. The Department will respond in writing to written challenges by acknowledging their merit or lack thereof.

(f) If the Department determines that a written challenge of an examination question is meritorious, the Department will regrade only the examinations of those candidates who failed the exam but scored a 65 percent or higher.

(3) In addition to the provisions of subsection (2)(a) through (2)(d) above, examination candidates shall be prohibited from leaving any reviews with any written comments or challenges, grade sheets, or any other examination materials.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

62-602.570 Formal Administrative Hearing Petition and Pre-Hhearing Review Request.

(1) Under Sections 120.569 and 120.57, F.S. of the Florida Statutes, and Rules 62-110.106, 28-106.201 and 28-106.301, F.A.C., a candidate who has taken and failed an examination may petition for an administrative hearing under the following terms and conditions:

(1)(2) Except as noted in subsection (2)(3) below, all petitions for administrative hearings shall be filed no later than 21 days after the applicant receives the Department's grade notification letter.

(2)(3) For a candidate who elects to review the examination under subsection 62-602.560(1), F.A.C., the petition for a hearing must be filed no later than 21 days after the post-examination review or no later than 21 days after the date of the letter notifying the candidate that his or her challenge was found to be without merit.

(4) through (6) renumbered (3) through (5) No change.

(6) If, while preparing for a hearing, the Department discovers that credit should be awarded for one or more examination questions listed in the candidate’s petition for a hearing, the Department shall issue an amended grade notification letter reflecting the candidate’s amended score.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended__________.

 

62-602.580 Use of Operator Trial Test Items in Examinations.

(1) Operator examinations will be developed by or for the Department, or the Department will use available national operator examinations.

(2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry-level skills necessary to protect the health, safety, and welfare of the public from incompetent practice and meets the following standards:

(a) The purpose of the examination shall be to establish entry-level standards of practice that shall be common to all practitioners;

(b) The practice of the profession at the national level must be defined through an occupational survey with a representative sample of all practitioners and professional practices; and

(c) The examination must assess the scope of practice and the entry skills defined by the national occupational survey.

(3) The organization that develops a national examination, or for which a national examination is developed, as discussed in subsection (2) above must meet the following requirements:

(a) The organization must be recognized by practitioners across the nation in the form of representatives from the States or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(b) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(c) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(4) Written examinations developed by or for the Department may include trial test or experimental questions for the purpose of evaluating the statistical or psychometric qualities of new or revised questions prior to their use in an examination. Trial test or experimental questions will not be identified to the candidates as trial test questions on the examination.

(a)(1) The maximum number of trial test questions included in a single examination shall not exceed 20 percent of the total number of questions on the examination, or ten (10) questions, whichever is greater.

(b)(2) Trial test questions shall not be counted toward the candidate’s score on the examination. Answers to trial test questions shall not be subject to review by the candidates during the candidate’s review process. Additional time will not be given to complete an examination that contains trial questions.

Specific Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended__________.

 

62-602.600 Fees for Operator Examinations and Licensure.

The following fees are required for the activities associated with operator examination and licensing.:

(1) Applicants for operator examinations shall submit the following fees with the application. All application fees are non-refundable.

Examination Class or LevelApplication FeeExamination Fee

Class A Treatment Plant Operator$25$75

Class B Treatment Plant Operator$25$75

Class C Treatment Plant Operator$25$75

Class D Treatment Plant Operator$25$50

Level 1 Water Distribution System Operator$25$50

Level 2 Water Distribution System Operator$25$50

Level 3 Water Distribution System Operator$25$50

Level 4 Water Distribution System Operator$25$50

(2) Applicants for operator licenses shall submit the following fees with the application. All application fees are non-refundable.

License Class or LevelApplication FeeLicense Fee

Class A Treatment Plant Operator$50$50

Class B Treatment Plant Operator$50$50

Class C Treatment Plant Operator$50$50

Class D Treatment Plant Operator$25$25

Level 1 Water Distribution System Operator$25$25

Level 2 Water Distribution System Operator$25$25

Level 3 Water Distribution System Operator$25$25

Level 4 Water Distribution System Operator$25$25

(3) Applicants may apply for both the examination and license at the same time as specified in subsection 62-602.420(3), F.A.C. Fees required for these applications are the total of the fees from (1) and (2) above for the level requested. Application fees are non-refundable.

(3)(4) All operators holding a Class A, B, or and C treatment plant operator level license holders shall renew their licenses biennially and pay a non-refundable $75 fee to the Department before a renewal license will be issued. Operators holding a Class D treatment plant operator license or a Level 1, 2, 3, or 4 water distribution system operator D license holders shall renew their licenses biennially and pay a non-refundable $50 fee to the Department before a renewal license will be issued.

(5) through (6) renumbered (4) through (5) No change.

(6)(7) A fee of $75 will be required for examination reviews conducted in accordance with Rule 62-602.560 62-620.560, F.A.C.

(8) Candidates requesting a hand-score of the examination shall be charged a $10 fee for the service.

(7)(9) The fees stated in subsections (1) through (3) and (2) above shall be $10 for an application, $10 for an the examination, and $10 for a licenses or license and renewals for wards of the state upon submission of written evidence, with the examination or license application or renewal notice, to the Department that said individual is a ward of the state.

Specific Authority 403.869 FS. Law Implemented 403.871, 403.872, 403.874 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

62-602.650 Duties of Operators.

An operator is responsible for performing treatment plant or water distribution system operation and maintenance duties in a responsible and professional manner consistent with standard operating practices. The duties shall be the following:

(1) Domestic wastewater treatment plant operators shall pPerform responsible and effective on-site management of the operation, and supervision, over personnel and maintenance of domestic wastewater treatment plants, functions including, if applicable, reuse or and disposal systems within the operator's responsibility. Water treatment plant operators shall perform responsible and effective on-site management of the operation, supervision, and maintenance of water treatment plants or water distribution systems. Water distribution system operators shall perform responsible and effective on-site management of the operation, supervision, and maintenance of water distribution systems.

(2) Domestic wastewater treatment plant operators shall sSubmit to the permittee all required reports in the manner required by the Department in Rule 62-601.300, F.A.C. Water treatment plant operators shall submit to the supplier of water all required reports in the manner required by the Department in or Rules 62-550.730, 62-555.325, and 62-555.350, F.A.C., to the permittee or supplier of water.

(3) Domestic wastewater treatment plant operators shall notify the permittee as soon as possible following the discovery of any abnormal event or noncompliance that may endanger health or the environment as described in subsection 62-604.550(2) or 62-620.610(20), F.A.C.; additionally, wastewater plant operators shall report to the State Warning Point (SWP) at 1(800)320-0519 and the Department or delegated local program in accordance with subsections 62-604.550(2) and 62-620.610(20), F.A.C., unless the permittee has written procedures designating and directing other knowledgeable staff to report on behalf of the permittee to the SWP and the Department or delegated local program in accordance with subsections 62-604.550(2) and 62-620.610(20), F.A.C. Water treatment plant operators and water distribution system operators shall notify the supplier of water as soon as possible after discovery of any of the circumstances described in subsection 62-555.350(10), F.A.C.; additionally, water treatment plant operators and water distribution system operators shall report to the SWP, the Department or approved county health department (ACHD), and water customers in accordance with subsection 62-555.350(10), F.A.C., unless the supplier of water has written procedures designating and directing other knowledgeable staff to report on behalf of the water supplier to the SWP, the Department or ACHD, and water customers in accordance with subsection 62-555.350(10), F.A.C. Report to the permittee or supplier of water and the Department and, if applicable, the local regulatory agency, as soon as possible, but within 24 hours following the discovery of any serious plant breakdown or condition causing or likely to cause:

(a) Unsafe treatment plant operation, or

(b) Any discharge of water or wastewater not in accordance with Chapters 62-550, 62-555, 62-302, F.A.C., or the facility’s permit, or

(c) Any major interruption in service.

(4) Domestic wastewater treatment plant operators shall maintain a separate operation and maintenance (O&M) log for each domestic wastewater treatment plant, and water treatment plant operators shall mMaintain a separate O&M operation and maintenance logs for each water treatment plant., The plant O&M log shall be maintained on site at the plant in a location accessible to 24-hour inspection, and protected from weather damage, and current to the last operation and maintenance performed. The plant O&M logs shall be maintained in a hard-bound books with consecutive page numbering, or alternatively, part or all of the plant O&M log may be maintained electronically upon written request by the permittee or supplier of water and written approval by the appropriate Department district office, delegated local program, or approved county health department (ACHD). Department district offices, delegated local programs, and ACHDs shall approve partial or complete electronic plant O&M logs if the permittee or supplier of water demonstrates that required data will remain accessible to 24-hour inspection and protected from weather damage; that adequate data storage capacity and data backup will be provided; that entries made by recording equipment will be date/time stamped; and that entries made by an operator will be date/time stamped and accompanied by an electronic signature unique to, and under the sole control of, the operator. The plant O&M log shall be maintained current to the last operation and maintenance performed and shall contain a minimum of the previous three months of data at all times. Alternative logs or partial electronic logging are acceptable if approved by the appropriate Department district office or the local regulatory agency. The plant O&M logs shall contain: the following information, which shall be entered in the O&M log during each plant visit before leaving the plant:

(a) No change.

(b) The signature and license number of the operator and the signature of the persons making any entries;

(c) Date and time in and out of the plant;

(d) Description of sSpecific plant operation and maintenance activities, including and any preventive maintenance or repairs made or requested;

(e) No change.

(f) Notation of any notification or reporting completed in accordance with subsection 62-602.650(3), F.A.C. Performance of preventive maintenance and repairs or requests for repair of the equipment.

(5) Beginning May 1, 2011, water treatment plant or distribution system operators shall maintain one or more operation and maintenance (O&M) logs for each water distribution system. The water distribution system O&M log may be combined with the O&M log for any water treatment plant connected to the water distribution system or may be a separate log. The water distribution system O&M log shall be maintained in a hard-bound book with consecutive page numbering, or alternatively, part or all of the water distribution system O&M log may be maintained electronically upon written request by the supplier of water and written approval by the appropriate Department district office or approved county health department (ACHD). Department district offices and ACHDs shall approve partial or complete electronic water distribution system O&M logs if the supplier of water demonstrates that adequate data storage capacity and data backup will be provided; that entries made by recording equipment will be date/time stamped; and that entries made by an operator will be date/time stamped and accompanied by an electronic signature unique to, and under the sole control of, the operator. The water distribution system O&M log shall be maintained current to the last operation and maintenance performed and shall contain a minimum of the previous three months of data at all times. The water distribution system O&M log shall contain the following information, which shall be entered in the O&M log on the day the information was obtained:

(a) Identification of the distribution system;

(b) The signature and license number of the operator making any entries;

(c) Date, time, and description of water distribution system operation or maintenance (O&M) activities that may affect water quality or quantity and that are listed in Footnote 1 under the tables in subparagraphs 62-699.310(2)(f)1. and 2., F.A.C., including any such activities that are performed by a licensed underground utility and excavation contractor or licensed plumbing contractor;

(d) Results of tests performed and samples taken, unless documented on a laboratory sheet;

(e) Notation of any notification or reporting completed in accordance with subsection 62-602.650(3), F.A.C.

Specific Authority 403.869 FS. Law Implemented 403.865, 403.875(1)(a) FS. History–New 12-30-99, Amended 2-6-02, __________.

 

62-602.660 Technical Manuals.

The following technical manuals are incorporated by reference either in Rule 62-555.330, F.A.C., as specified after the name and address of the publisher of the specific manual, or herein, and are to be used to establish professionally accepted treatment plant or water distribution system operation. These manuals are available from the sources listed below.

(1) Domestic Wastewater Treatment Plants.

(a) Operation of Wastewater Treatment Plants, Volume I – Volume I. Sixth Edition, 2004. Fourth Edition, 1998. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(b) Operation of Wastewater Treatment Plants, Volume II – Volume II. Sixth Edition, 2003. Fourth Edition, 1996. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(c) Advanced Waste Treatment. Fifth Edition, 2006. Third Edition, 1998. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(d) Small Wastewater Systems Operation and Maintenance, Volume I. First Edition, 1997. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025. Aerobic Biological Wastewater Treatment Facilities – Process Control Manual; EPA-430/9-77-006. U. S. Environmental Protection Agency, 1977. Environmental Quality Instructional Resources Center, Ohio State University, Room 310, 1200 Chambers Road, Columbus, Ohio 43212.

(e) Small Wastewater Systems Operation and Maintenance, Volume II. First Edition, 2002. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025. Package Treatment Plants Operations Manual. U.S. Environmental Protection Agency, 1977. Environmental Quality Instructional Resources Center, Ohio State University, Room 310, 1200 Chambers Road, Columbus, Ohio 43212.

(f) Manual of Practice No. 11- Operation of Municipal Wastewater Treatment Plants, Volumes I-III, WEF Manual of Practice 11. Fifth Edition, 1996. Water Pollution Control Federation, 1976. Water Environment Pollution Control Federation, Publications Order Department, 601 Wythe Street, Alexandria, Virginia 22314-1994.

(2) Drinking Water Treatment Plants and Water Distribution Systems.

(a) Water Treatment Plant Operation, Volume I – Volume I. Fifth Edition, 2004. Third Edition, 1996. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(b) Water Treatment Plant Operation, Volume II – Volume II. Fourth Edition, 2004. Second Edition, 1995. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(c) Water Distribution System Operation and Maintenance. Fifth Edition, 2005. First Edition, 1987. California State University Sacramento, Office of Water Programs, 6000 J. Street, Sacramento, California 95819-6025.

(d) Small Water System Operation and Maintenance. Fourth Edition, 2002. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025. Recommended Standards for Water Works. 1987 Edition. A Report of the Committee of the Great Lakes – Upper Mississippi River Board of State Public Health and Environmental Managers, Published by Health Research Inc., Health Education Service Division, P. O. Box 7126, Albany, N.Y. 12224. This was incorporated by reference in subsection 62-555.330(3), F.A.C.

(e) Water Treatment Operator Handbook, American Water Works Association (AWWA). Revised Edition, 2005. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235. Water Quality and Treatment: A Handbook of Community Water Supplies, American Water Works Association, Fourth Edition, 1990. McGraw-Hill Publishing Company, 1221 Avenue of the Americas, New York, New York 10020. This was incorporated by reference in subsection 62-555.330(1), F.A.C.

(f) Water Distribution Operator Training Handbook, American Water Works Association (AWWA). Third Edition, 2005. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235. Water Treatment Plant Design, Second Edition, 1990, American Society of Civil Engineers and American Water Works Association, McGraw-Hill Publishing Company, 1221 Avenue of the Americas, New York, New York 10020. This was incorporated by reference in subsection 62-555.330(2), F.A.C.

(g) American Water Works Association (AWWA) Standard C651-05, Disinfecting Water Mains; AWWA Standard C652-02, Disinfection of Water-Storage Facilities; AWWA Standard C653-03, Disinfection of Water Treatment Plants; and AWWA Standard C654-03, Disinfection of Wells. AWWA, Standards of the American Water Works Association, in effect on June 1, 1992, American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. This was incorporated by reference in subsection 62-555.330(4), F.A.C.

(h) Recommended Practice for Backflow Prevention and Cross-Connection Control, AWWA Manual M14. Third Edition, 2004. (M14), 1990, American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. This was incorporated by reference in subsection 62-555.330(6), F.A.C.

(i) “Guidelines for the Issuance of Precautionary Boil Water Notices,” December 11, 2006. Florida Department of Health, Bureau of Water Programs, 4052 Bald Cypress Way, Bin #C22, Tallahassee, Florida 32399-1742. Water Fluoridation – A Manual for Engineers and Technicians, September 1993, Thomas G. Reeves, P.E., National Fluoridation Engineer, Published by the U.S. Department of Health and Human Services, Public Health Service Centers for Disease Control, Dental Disease Prevention Services, Atlanta, Georgia 30333. This was incorporated by reference in subsection 62-555.330(5), F.A.C.

(j) Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources, October 1990 Edition, Environmental Protection Agency, Science and Technology Branch, Criteria and Standards Division, Office of Drinking Water, Washington, D.C., Source: U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22161.

(k) The Lead and Copper Guidance Manual, Volume I: Monitoring, September 1991 Edition, Environmental Protection Agency, Science and Technology Branch, Criteria and Standards Division, Office of Drinking Water, Washington, D.C., Source: U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22161.

(l) Lead and Copper Rule Guidance Manual, Volume II: Corrosion Control Treatment, September 1992 Edition, Environmental Protection Agency, Science and Technology Branch, Criteria and Standards Division, Office of Drinking Water, Washington, D.C., Source: U.S. Department of Commerce, National Technical Information Service, Springfield, VA 22161.

(m) Standard Methods for the Examination of Water and Wastewater, 17th Edition, 1989, American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235.

Statutory Authority 403.869 FS. Law Implemented 403.867, 403.875 FS. History–New 12‑30‑99, Amended__________.

 

62-602.700 Operator Licensing.

The Department shall issue an appropriate license to each applicant who has met all the license requirements for a specific class or level.

(1) through (2) No change.

Specific Authority 403.869 FS. Law Implemented 403.867 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

62-602.710 Renewal of Operator Licenses.

(1) All active licenses remain active until the end of the current biennium as indicated on the license, except as specified in subsection paragraph 62-602.700(1)(a) and Rule 62-602.870, F.A.C. The effective date of an active license shall be the first day of the current biennium or the date the required renewal fees and documentation of completion of CEUs are received, whichever is later. Each biennium extends through the 30th of April of odd numbered years.

(2) No change.

(3) To retain an active status following the end of each biennium, the following must be submitted to the Department in a timely manner.

(a) through (c) No change.

(d) The fee specified in subsection 62-602.600(3)(2) or (7), F.A.C.

(e) No change.

(4) CEUs shall be required for renewal of operator licenses beginning after the renewal cycle ending April 30, 2001. CEUs must be approved by the Department for credit to be given, and the required number of units shall be earned in the two years directly preceding the request for license renewal. Completing an approved training course for the next higher class or level of license during a renewal cycle will satisfy the CEU requirement for that cycle. CEU requirements are as follows:

(a) Two CEUs shall be required for the renewal of a Class an A or B level drinking water or domestic wastewater treatment plant operator license.

(b) One CEU shall be required for the renewal of each Class C level drinking water or domestic wastewater treatment plant operator license.

(c) One-half of one CEU shall be required for the renewal of each Class D level drinking water or domestic wastewater treatment plant operator license and each Level 1, 2, 3, or 4 water distribution system operator license.

(d) An individual who has active Class A or B licenses for both drinking water and domestic wastewater shall only be required to obtain 3 CEUs for the renewal of both licenses, but 1.5 CEUs must apply to each type of license;. CEUs that can be applied to either type of license must be clearly identified as such on the certification, and cannot be concurrently applied to each license. An individual who has both an active water treatment plant operator license and an active water distribution system operator license may concurrently apply the same CEUs to each license. CEUs for all other combinations of dual licensing shall be additive.

(e) through (h) No change.

(i) Topics for continuing education include operation and control of a treatment plant or water distribution system, troubleshooting treatment processes, troubleshooting to determine the causes of water quality complaints, health and safety, employee and community right-to-know notification procedures, toxic and hazardous materials handling procedures, solids and residuals control, supervision and management, basic chemistry and biology, mathematics of the treatment process or water distribution system, laboratory sampling procedures, equipment or water main maintenance and repair, computer applications for water or wastewater treatment or water distribution, blue print reading, governmental rules and procedures, security, and emergency response.

Specific Authority 403.869 FS. Law Implemented 403.8532, 403.873 FS. History–New 12‑30‑99, Amended 2-6-02,__________.

 

62-602.720 Inactive Status of License.

(1) through (2) No change.

(3) To reactivate the license, the licensee shall meet the requirements in subsection 62-602.710(3), F.A.C., including submitting the renewal fee, and shall submit the reactivation fee specified in subsection 62-602.600(5)(4), F.A.C.

(4) The license of an inactive licensee that does not achieve active status within two years following the end of the most recent licensing period shall be expired, and subsequent licensure will require meeting all the requirements for initial licensure at the highest class or level previously obtained.

Specific Authority 403.869 FS. Law Implemented 403.874 FS. History–New 12-30-99, Amended__________.

 

62-602.800 Grounds for Disciplinary Proceedings.

The following acts or omissions are grounds for disciplinary actions.

(1) No change.

(2) Any operator of a public water system or domestic wastewater treatment plant, facility, licensed operator, supplier of water, or permittee of a domestic wastewater treatment plant who employs any person to perform the duties of an operator, as identified in Rule 62-602.650, F.A.C., who is not licensed.

(3) No change.

(4) An operator performing treatment plant or water distribution system operation in a manner that is not consistent with standard operating practices.

(5) through (6) No change.

(7) Failure to comply with any provision of Sections 403.865 through 403.876 F.S., this rule chapter, or Department rules pertaining to drinking water or domestic wastewater treatment plants or water distribution systems.

(8) No change.

Specific Authority 403.869 FS. Law Implemented 403.875, 403.876 FS. History–New 12‑30‑99, Amended 2-6-02,__________.

 

62-602.850 Disciplinary Guidelines.

(1) When the Department finds that a person, who is subject to regulation under Sections 403.865 through 403.876, F.S., has violated any of the provisions set forth in Rule 62-602.800 or 62-602.870, F.A.C., or Sections 403.865 through 403.876, F.S., it shall issue an administrative order imposing appropriate penalties for each count within the ranges recommended in the following disciplinary guidelines:

(a) Performing the duties of an operator of a water treatment plant or domestic wastewater treatment plant without an active license. The recommended penalty is an administrative fine of a minimum of $100 for each month of performance, up to a maximum of $1000.

(b) Use of the name or title “water treatment plant operator,” or “domestic wastewater treatment plant operator,” or “water distribution system operator,” or any other words, letters, abbreviations, or insignia indicating or implying that a person is a licensed operator, or otherwise holds himself out as an operator, unless the person is a holder of a valid license. The recommended penalty is an administrative fine of a minimum of $250, up to a maximum of $1000.

(c) No change.

(d) Knowingly or negligently submitting misleading, Knowingly giving false, inaccurate, or forged information or evidence to the Department. The recommended penalty for an applicant not already licensed as an operator is denial of the application and prohibition of reapplication from a minimum of 2 years, up to a maximum of 3 years. The recommended penalty for an operator shall be revocation of the operator’s license, and prohibition of reapplication for a minimum of 2 years, up to a maximum of permanent revocation of the operator’s license 3 years.

(e) No change.

(f) Employing unlicensed persons to perform the duties of an operator or fulfilling, or employing persons to fulfill, operator staffing requirements under Chapter 62-699, F.A.C., without an active license of the appropriate type and appropriate class or level of a water treatment or domestic wastewater treatment plant. The recommended penalty is an administrative fine of a minimum of $500, up to a maximum of $1000.

(g) No change.

(h) Failure to comply with the provisions of Rule 62-602.650, F.A.C. The recommended penalty for failure to submit reports in a timely manner, or to maintain operation and maintenance logs, as required by Rule 62-602.650, F.A.C., is from a minimum issuance of a probation letter to a maximum administrative fine of $100 per day of the occurrence up to a maximum of $1,000 for the offense. The recommended penalty for failure to report unpermitted discharges, interruption of service, plant upsets, or the failure to report the production of drinking water that does not meet the applicable requirements is from a minimum of a suspension of license of 1 year, up to a maximum of revocation of license. The recommended penalty for failure to perform treatment plant or water distribution system operation in a manner consistent with standard operating practices, or failure to comply with any other provision of Rule 62-602.650, F.A.C., is from a minimum administrative fine of $100 per day of the occurrence up to a maximum of $1,000 for the offense. The actual penalty imposed depends upon the severity of the violation to cause harm to the environment, or to endanger the public's or plant employees’ health or safety.

(i) Checks for licensure, license renewal, examination, or examination review returned for insufficient funds. The recommended penalty is suspension of license until the full fees are received, including the charge for insufficient funds.

(j) Failure to comply with any Department order previously entered in a disciplinary hearing. The recommended penalty is from a minimum of license suspension for 1 year for failure to comply with one order, up to a maximum of license revocation for failure to comply with more than one order.

(2) The Department shall be entitled to deviate from the above guidelines upon a showing of aggravating or mitigating circumstances by the accused before any imposition of a final penalty.

(a) Aggravating circumstances are circumstances that justify deviating from the above disciplinary guidelines and cause the increase of a penalty beyond the maximum level of discipline in the guidelines. These are:

1. No change.

2. For negligence, the magnitude and scope of the damage inflicted upon the environment, treatment plant or water distribution system, treatment plant or water distribution system employees, or general public by the operator’s misfeasance.

(b) Mitigating circumstances are circumstances that justify deviating from the above disciplinary guidelines and cause the reduction of a penalty below beyond the minimum level of discipline in the guidelines. These are:

1. For negligence, the nature of the treatment plant or water distribution system in question and lack of danger to the environment or public health, safety, and welfare resulting from the operator’s misfeasance.

2. through 4. No change.

Specific Authority 403.869 FS. Law Implemented 403.875, 403.876 FS. History–New 12‑30‑99, Amended 2-6-02,__________.

 

62-602.870 Suspension and Revocation of Operator License.

(1) The Department shall, depending on aggravating and mitigating circumstances, in addition to a fine, suspend a license for a period not to exceed 2 years for any of the following reasons:

(a) through (b) No change.

(c) Incompetence in the performance of duties of an operator that in treatment plant operation which results in a treatment plant or water distribution system, under the direct charge of the operator, being operated in a manner inconsistent with standard operating practice.

(2) The Department shall permanently revoke a license for any one of the following reasons:

(a) through (b) No change.

(c) A finding by the Department that negligence in the performance of duties as an operator in treatment plant operation has resulted in a threat to public health or safety, or harm to the environment.

(d) No change.

(3) through (6) No change.

Specific Authority 403.869 FS. Law Implemented 403.876 FS. History–New 12-30-99, Amended__________.

 

62-602.880 Consecutive Public Water System Operator Licenses.

Effective [insert the effective date of this amendment], the Department will not issue any new, nor renew any existing, consecutive public water system operator licenses. All existing licensees with current licenses shall have their licenses converted and reissued as a Level 4 water distribution system operator license. When proper application is made and the qualifications listed below are met, the Department shall issue a Consecutive Public Water System Operator License authorizing the licensee to operate and maintain regulated public water systems that purchase all of their water from one separate public water system and that provides no additional treatment. This license cannot be used to fulfill staffing requirements at any treatment plant.

(1) Qualifications for Consecutive Public Water System Operator Licensure. To be eligible for licensure a candidate must have a high school diploma or its equivalent and either:

(a) Successfully complete a Department-approved residence consecutive system training course that includes both classroom and in-field training with a written final examination, or;

(b) Successfully complete a Department-approved consecutive system correspondence training course, and

1. Document at least 3 months experience in the operation and maintenance of a consecutive water system, and

2. Obtain a passing score on a Department-approved consecutive system operator examination.

(2) Licensing and renewals under this rule section will be in accordance with Rules 62-602.410 through 602.600 and 62-602.700 through 62-602.750, F.A.C., with the following exceptions:

(a) Fees for examination, licensing, and license renewals shall be $10.00, and

(b) One-half CEU will be required for license renewals.

Specific Authority 403.869, 403.872 FS. Law Implemented 403.1842, 403.872 FS. History–New 2-6-02, Amended__________.

 

62-602.900 Forms for the Operator Certification Program.

Each form is listed below by the form number, title, and effective date. Copies of the following forms may be obtained by writing to the Program Manager, Operator Certification Program, 2600 Blair Stone Road, Mail Station 3506, Tallahassee, Florida 32399-2400.

(1) Form 62-602.900(1), Application for Water or Wastewater Treatment Plant Operator License, Certification, effective date __________ 2-6-02.

(2) Form 62-602.900(2), Application for Water or Wastewater Treatment Plant Operator Examination, effective date __________ 2-6-02.

(3) Form 62-602.900(3), Application for Distribution Consecutive Public Water System Operator License, Certification, effective date __________ 2-6-02.

(4) Form 62-602.900(4), Application for Water Distribution System Operator Examination, effective date __________.

Specific Authority 403.869 FS. Law Implemented 403.876 FS. History–New 12-30-99, Amended 2-6-02,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi A. Drew, Deputy Secretary for Regulatory Programs and Energy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 1, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 15, 2006