Definitions, Eligibility for Operator Examinations, Qualifications for Operator Licensure, Licensing Requirements for Non-Florida Operators, Candidates' Post Exam Review, Formal Administrative Hearing Petition and Pre-hearing Review Request, Fees ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-602.200: Definitions
62-602.270: Eligibility for Operator Examinations
62-602.300: Qualifications for Operator Licensure
62-602.360: Licensing Requirements for Non-Florida Operators
62-602.560: Candidates' Post Exam Review
62-602.570: Formal Administrative Hearing Petition and Pre-hearing Review Request
62-602.600: Fees for Operator Examinations and Licensure
62-602.650: Duties of Operators
62-602.720: Inactive Status of License
62-602.850: Disciplinary Guidelines
62-602.870: Suspension and Revocation of Operator License

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 20, May 18, 2007 issue of the Florida Administrative Weekly.

62-602.200 Definitions.

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

(1) “Approved County Health Department” means Broward, Hillsborough, Lee, Manatee, Miami-Dade, Palm Beach, Polk, Sarasota, or Volusia a Ccounty Hhealth Ddepartments pursuant to 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.

(5) “Delegated local program” means Broward County (collection systems only), Miami-Dade County, Hillsborough County, Palm Beach County, or Sarasota County pursuant to 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.

(20) “Water distribution system” means those components of a regulated public water system regulated under Chapter 62-550, F.A.C., 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.

62-602.270 Eligibility for Operator Examinations.

(1) through (2) No change.

(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.

62-602.300 Qualifications for Operator Licensure.

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

(1) through (8) No change.

(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 Department-approved water distribution system operator training courses that addressed operation and maintenance of water distribution systems, totaled no less than 20 contact hours, and included a Department-approved 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 Department-approved water distribution system operator training courses that addressed operation and maintenance and troubleshooting of water distribution systems, totaled no less than 40 contact hours, and included a Department-approved 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 Department-approved water distribution system operator training courses that addressed operation and maintenance and troubleshooting of water distribution systems and supervision of water distribution system personnel, totaled no less than 60 contact hours, and included a Department-approved 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.

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 Department-approved training course for the class or level of the license being requested no more than 5 years before the application.

(2) through (3) renumbered (3) through (4) No change.

(5)(4) 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.

62-602.560 Candidates’ Post-Exam Review.

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

 

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

Under Sections 120.569 and 120.57, F.S., 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) Except as noted in subsection (2) below, Aall petitions for administrative hearings shall be filed no later than 21 days after the applicant receives the Department's grade notification letter. No petition received more than 21 days from the date of receipt of the grade notification letter will be accepted. The petition shall conform to Rule 28-106.201, F.A.C., when material facts are in dispute, or Rule 28-106.301, F.A.C., when no material facts are in dispute.

(2) 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.

(3) No petition received more than 21 days from the date specified in subsections (1) or (2), as applicable, will be accepted. The petition shall conform to Rule 28-106.201, F.A.C., when material facts are in dispute, or Rule 28-106.301, F.A.C., when no material facts are in dispute.

(2)(4) No change.

(5) If the candidate chose to file a petition for administrative hearing before a post-examination review and later requests such review, the candidate will be required to pay the post-examination review fee before a pre-hearing review is scheduled. The procedures for post-examination review in Rule 62-602.560, F.A.C., shall apply.

(3)(6) No change.

62-602.600 Fees for Operator Examinations and Licensure.

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

(1) through (5) No change.

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

(6)(7) No change.

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) through (5) No change.

62-602.720 Inactive Status of License.

(1) through (3) No change.

(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 or below the class or level which he/she was licensed the highest class or level previously obtained.

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) through (g) renumbered (1) through (7) No change.

(8)(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.

(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.

(9)(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.

[Although the Notice of Proposed Rule indicated no changes to subparagraphs 62-602.850(2)(a)1. and (2)(b)2.-4., F.A.C., based on comments from the Joint Administrative Procedures Committee, the entire subsection is being deleted.]

(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. History of previous violations of these rules.

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 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. Lack of previous disciplinary history in this or any other jurisdiction wherein the operator practices his profession.

3. Restitution of any damages suffered by the operator’s client.

4. Steps taken by the operator to ensure that similar violations will not occur.

62-602.870 Suspension and Revocation of Operator License.

(1) No change.

(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 has resulted in harm a threat to public health or safety, or harm to the environment.

(d) No change.

(3) through (6) No change.