§ 25-9-104 — Duties of board - rules

(1) (a) The board shall elect a chair and
secretary each year and shall establish rules in accordance with article 4 of title 24,
C.R.S., setting forth the requirements governing certification for water and
wastewater facility operators, including:

(I) Application for certification;

(II) Admission to the examinations;

(III) Setting and coordination of examination schedules;

(IV) Recording and issuing of certificates for the class of operator for which
the applicant is found to be qualified;

(V) Renewal of certificates;

(VI) Issuance of certificates based on reciprocity;

(VII) Minimum standards of operator performance; and

(VIII) Standards for the accreditation of training programs.

(b) (Deleted by amendment, L. 2013.)

(2) (a) The board may promote and assist in regular training schools and
programs designed to aid applicants and other interested persons to acquire the
necessary knowledge to meet the certification requirements of this article.

(b) The board shall ensure that an office is maintained for contact with
operators and employers.

(c) The board shall ensure, through the use of subject matter experts, that
all certification examinations test for information that is relevant to the knowledge
that is necessary to operate the level of facility for which certification is sought.

(3) (a) The board shall establish classes of:

(I) Water treatment facility operators;

(II) Domestic wastewater treatment facility operators;

(III) Industrial wastewater treatment facility operators;

(IV) Water distribution system operators;

(V) Wastewater collection system operators;

(VI) Operators for small systems; and

(VII) Other persons who require and qualify for multiple certifications.

(b) In establishing each classification, the board shall differentiate the
various levels of complexity to be encountered in water and wastewater facility
operation and the qualifications for certification for each class. The board shall set
minimum education, experience, examination, and ongoing training requirements
for each class.

(4) Except as provided in section 25-9-104.4, the board shall establish for
each water and wastewater facility a minimum class of certified operators required
for its supervision.

(5) (a) The board shall establish a procedure whereby any decision of the
board, the division, or nonprofit corporation contracting with the board can be
appealed to the board.

(b) The board may adopt rules as necessary to ensure the proper
administration of the program.

(c) The board may promulgate rules to allow the division to immediately
suspend or revoke a certification if immediate action is necessary to protect the
public health or environment.

(6) The board may exercise other powers and duties as necessary within the
scope of this article. The board shall promulgate rules to establish criteria for the
discipline or reprimand of any water or wastewater facility operator and for the
suspension or revocation of the certification of an operator. The criteria must
include:

(a) Willfully or negligently violating, causing, or allowing the violation of
rules promulgated under this article or failing to comply with this article;

(b) Submitting false or misleading information on any document provided to
the department, the board, or any organization acting on behalf of the board;

(c) Using fraud or deception in the course of employment as an operator;

(d) Failing to conform with minimum standards in the performance of an
operator's duties; and

(e) Engaging in dishonest conduct during an examination.

(6.5) (Deleted by amendment, L. 2013.)

(7) Members of the board serve without compensation but are entitled to
reimbursement for their necessary expenses.

(8) The board is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department.

Legislative History

Source: L. 73: p. 748, � 1. C.R.S. 1963: � 66-38-4. L. 96: IP(6) amended, p. 1477, � 43, effective June 1; (3), (4), and (6) amended, p. 358, � 3, effective July 1. L. 2000: (1) to (5), IP(6), and (6)(b) amended and (6.5) added, p. 769, � 4, effective May 23. L. 2004: (1)(a) amended, p. 282, � 4, effective July 1. L. 2008: (4) amended, p. 351, � 1, effective August 5. L. 2013: Entire section amended, (SB 13-150), ch. 391, p. 2270, � 4, effective July 1. L. 2022: (8) amended, (SB 22-162), ch. 469, p. 3369, � 53, effective August 10.