EXHIBIT 1

Proposed New Regulation
Regulation No. 100

WATER AND WASTEWATER FACILITY OPERATOR CERTIFICATION REQUIREMENTS

100.1 PURPOSE

100.1.1 Article 9 of Title 25, C.R.S. , requires that every water treatment facility, domestic or industrial wastewater treatment facility, wastewater collection system, or water distribution system be under the supervision of a certified operator, holding a certificate in a class equal to or higher than the class of the facility or system.

100.1.2 Certification under this statute is available to all individuals who meet the minimum qualifications of a given classification. Each operator is encouraged to apply for certification in the highest classification consistent with their qualifications.

100.2 DEFINITIONS

(1) "BOARD" means the Colorado Water and Wastewater Facility Operators Certification Board or its designee.

(2) "CERTIFICATE" means the written document issued by the Board or its designee stating that the individual named thereon has met the requirements for operating the specified class of facility or system.

(3) "CERTIFIED OPERATOR" means the individual who has responsibility for the operation of any water and wastewater facility and is certified in accordance with the provisions of this regulation. For purposes of this regulation, "responsibility for the operation" means making process control and/or system integrity decisions about water quality or quantity that may affect public health or the environment.

(4) "CLASSIFICATION" means the level of operational complexity of a facility as determined by the Division.

(5) "COMMUNITY WATER SYSTEM" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(6) "DEPARTMENT" means the Colorado Department of Public Health and Environment.

(7) "DIVISION" means the Water Quality Control Division, within the Colorado Department of Public Health and Environment.

(8) "DOMESTIC WASTEWATER TREATMENT FACILITY" means any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not such facility or group of units is discharging into state waters. "Domestic wastewater treatment facility" specifically excludes individual sewage disposal systems.

(9) "INDUSTRIAL WASTEWATER TREATMENT FACILITY" means any facility or group of units used for the pretreatment, treatment, or handling of industrial waters, wastewater, reuse water, and wastes that are discharged into state waters. "Industrial wastewater treatment facility" includes facilities that clean up contaminated ground water or spills; except that such term does not include facilities designed to operate for less than one year or facilities with in-situ discharge.

(10) "NON-COMMUNITY WATER SYSTEM" means a public water system that is not a community water system.

(11) "NON-TRANSIENT NON-COMMUNITY WATER SYSTEM" means a public water system that is not a community water system and that regularly serves at least 25 of the same individuals over 6 months per year.

(12) "OPERATOR" means any individual who performs or supervises tasks pertinent to controlling the operation of a water and wastewater facility, such as: (A) controlling selection of or flow of water/wastewater from the facility or system; (B) controlling the processing of raw and/or treated and/or finished water/wastewater; (C) preparing and/or controlling chemical addition for water or wastewater treatment; (D) observing and taking necessary actions in response to variations in operating conditions; (E) interpreting meter and/or gauge readings and adjusting facility processes based on such interpretations; (F) operating valves and/or gates either manually or by remote control; (G) starting and/or stopping pumps; (H) maintaining logs and/or records; (I) collecting and/or analyzing process control samples; (J) developing and implementing preventative maintenance programs and performing routine maintenance functions for facilities; or (K) monitoring compliance with laws and regulations and reporting as appropriate to facility owners and the Department.

(13) "OPERATOR IN RESPONSIBLE CHARGE" means the individual designated by the owner of the water and wastewater facility to be the certified operator(s) who has ultimate responsibility for decisions regarding the daily operational activities of the facility that will directly impact the quality and/ or quantity of drinking water, treated wastewater, or treated effluent.

(14) "PERSON" means an individual, corporation, company, association, partnership, state, county, city and county, municipality, town, or any political or quasi-political subdivision thereof, including special districts and any federal agency.

(15) "PUBLIC WATER SYSTEM" 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 fifteen service connections or regularly serves an average of at least twenty-five individuals, at least 60 days out of the year. Such term includes: (a) Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such systems, and (b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such systems.

(16) "TRAINING UNIT" means the hours of training necessary to renew an operator's certification

(17) "TRANSIENT NON-COMMUNITY WATER SYSTEM" means a non-community public water system that does not regularly serve at least 25 of the same individuals over six months per year.

(18) "WASTEWATER COLLECTION SYSTEM" means a system of pipes, conduits, and associated appurtenances that transports domestic wastewater from the point of entry to a domestic wastewater treatment facility. The term does not include collection systems that are within the property of the owner of the facility.

(19) "WASTEWATER TREATMENT FACILITY" means either a domestic wastewater treatment facility or an industrial wastewater treatment facility.

(20) "WATER AND WASTEWATER FACILITY" means a water treatment facility, domestic wastewater treatment facility, industrial wastewater treatment facility, water distribution system, or wastewater collection system.

(21) "WATER DISTRIBUTION SYSTEM" means any combination of pipes, tanks, pumps, or other facilities that delivers water from a source or treatment facility to a consumer.

(22) "WATER TREATMENT FACILITY" means the facility or facilities within the water distribution system that can alter the physical, chemical, or bacteriological quality of the water.

100.3 ADMINISTRATIVE FUNCTIONS

100.3.1 In carrying out its responsibilities to administer the operator certification program pursuant to Article 9 of Title 25, C.R.S., the Board or its designee may carry out any of the following duties, including but not limited to: (a) Administration of the operator certification program; (b) Collection of program fees for administration of the operator certification program; (c) Administration of validated examinations for operator certification; (d) Maintaining records of certified operators; (e) Maintaining records of water and wastewater facilities; (f) Notifying operators of expiration of certification; (g) Providing information on accredited training programs and training requirements; (h) Preparing and furnishing validated examinations and related materials; (i) Collecting fees for examinations and administration of examinations; (j) Setting times, dates, and places for holding examinations; (k) Grading examinations; (l) Evaluating work experience of applicants; (m) Evaluating and approving training units for renewal of certification; (n) Evaluating and approving requests for reciprocity; (o) Recording results of examinations; (p) Notifying applicants of their examination results; (q) Recommending issuance of certificates or issuing certificates in accordance with Board criteria; (r) Conducting failed exam reviews; or (s) Preparing and distributing annual reports.

100.4 WATER TREATMENT FACILITY CLASSIFICATION

100.4.1 Water treatment facilities shall be classified by the Division in accordance with the following five classes; Transient Non-community Water System, Class D, Class C, Class B, or Class A. Transient Non-community Water Systems are described in section 100.19.1. For the other classifications, Class A is the highest level of classification and Class D is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific water treatment facility based on consideration of facility specific factors, including, but not limited to: (a) special features of design; (b) source of supply which make operation more difficult than normal; or (c) a combination of such conditions.

100.4.2 WATER TREATMENT FACILITY CLASSIFICATION TABLE

Description of the Facility Plant Design Flow (in MGD)

Community Water Systems, Below 2 2 - 5 5.01 - 9.99 10 or more Non-Transient Non-Community Water systems, and Transient Non-Community Water Systems.

Ground water source D D C B with no treatment or with no additional treatment beyond chlorine disinfection.

Ground water source D C C B with ultraviolet or ozone disinfection

Ground water source C C C B with chlorination and fluoridation

Ground water utilizing C C B B ion exchange, reverse osmosis, membrane filters, or activated carbon to comply with secondary drinking water regulations

Any source utilizing D. bag or cartridge filtration

Any source utilizing filtration C C B A (slow sand, diatomaceous earth, membrane, ion exchange, activated carbon, reverse osmosis) to comply with primary drinking water regulations and not utilizing chemical treatment other than chlorination

Any source utilizing filtration B A A A (conventional or direct) with chemical treatment to comply with primary drinking water regulations

Water Vending Machines C (all sizes) connected to a public water system, not currently meeting maximum contaminant level requirements, or not connected to a source currently regulated by the Federal Food and Drug Administration.

100.4.3 The classification of any water treatment facility may be changed at the discretion of the Division by reason of changes in any condition or circumstance on which the classification was predicated.

100.5 DOMESTIC WASTEWATER TREATMENT FACILITY CLASSIFICATION

100.5.1 Domestic wastewater treatment facilities shall be classified by the Division in accordance with the following four classes: Class D, Class C, Class B, or Class A. Class A is the highest level of classification and Class D is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific domestic wastewater treatment facility based on consideration of facility specific factors, including, but not limited to: (a) design features or other characteristics that make the facility more difficult to operate than usual; (b) facility design flow; (c) the character and volume of wastes to be treated; (d) the facility's design being approved under the Department's variance procedure; (e) a waste unusually difficult to treat; (f) flow conditions, use classifications and/or water quality standards assigned to the waters receiving the treated effluent that require an unusually high degree of plant operational control in order to meet permit conditions; or (g) combinations of such conditions or circumstances.

100.5.2 DOMESTIC WASTEWATER TREATMENT FACILITY CLASSIFICATION TABLE

Description of the Facility Plant Design Flow (in MGD)

Below 0.5 0.5-1.00 1.01-2.00 2.01-4.00 Above 4.00

Waste stabilization ponds, D C C B B including aerated and non-aerated types

Trickling filter or rotating C C B B A biological contacter

Extended aeration process C B B B A sequencencing batch reactors designed to operate in the extended aeration loading range.

All other activated sludge B B B B A processes and extended aeration where used beyond secondary treatment (i.e., nitrification) and chemical and/or physical processes providing a high degree of treatment other than polishing ponds.

Recirculating sand D C C C C filtration

Wetlands used as a Will be classified in alignment with the last the part of the water treatment process prior to release of the effluent treatment process into the wetland for further treatment.

100.5.3 The classification of any domestic wastewater treatment facility may be changed at the discretion of the Division by reason of changes in any condition or circumstance on which the classification was predicated.

100.5.4 Any domestic wastewater treatment facility that utilizes a combination of two or more of the treatment processes described in section 100.5.2 of this regulation shall be classified in accordance with the highest level of treatment process utilized.

100.6 INDUSTRIAL WASTEWATER TREATMENT FACILITY CLASSIFICATION

100.6.1 Industrial wastewater treatment facilities shall be classified by the Division in accordance with the following three classes: Class C, Class B, or Class A. Class A is the highest level of classification and Class C is the lowest level of Classification. Except that the Division may make changes in classification in accordance with the needs created by particular complexities of any specific industrial wastewater treatment facility based on consideration of facility specific factors, including, but not limited to: (a) design features or other characteristics that make the plant more difficult to operate; (b) treatment of a waste that is unusually difficult to process adequately; (c) flow conditions, use classifications and/or water quality standards assigned to the waters receiving the treated effluent requiring an unusually high degree of plant operation control in order to meet permit conditions; or (d) any combination of the above conditions or circumstances.

100.6.2 INDUSTRIAL WASTEWATER TREATMENT FACILITY CLASSIFICATION TABLE

CLASSIFICATION TREATMENT PROCESS

Class A Chemical conversion (e.g., cyanide destruction, hexavalent chromium reduction); Ion exchange; Electrolytic conversion; Filtration: reverse osmosis.

Class B Chemical coagulation AND flocculation adsorptive processes (e.g., activated carbon); Ultrafiltration; Microfiltration; Chemical precipitation; Suspended, fixed, or a combination of biological processes (e.g., activated sludge, trickling filters, rotating biological contactors).

Class C Standard clarification (including waste ponds for settling); Filtration (e.g., sand, mixed media, gravity, pressure); Neutralization; Solids Dewatering (e.g., sand or surfaced drying beds, mechanical); Airstripping; Sludge Digestion.

Note: Treatment processes are listed as examples and are not all inclusive.

100.6.3 The classification of any industrial wastewater treatment facility may be changed at the discretion of the Division by reason of changes in any condition or circumstances on which the classification was predicated.

100.6.4 Any industrial wastewater treatment facility that utilizes a combination of two or more of the treatment processes described in section 100.6.2 of this regulation shall be classified in accordance with the highest level of treatment process utilized.

100.7 WATER DISTRIBUTION SYSTEM CLASSIFICATION

100.7.1 Water distribution systems shall be classified by the Division in accordance with the following four classes: Transient Non-community Water System, Class 1, Class 2, or Class 3. Transient Non-community Water Systems are described in section 100.19.1. For the other classifications, Class 3 is the highest level of classification and Class 1 is the lowest level of Classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific water distribution system based on consideration of system specific factors, including, but not limited to: (a) unusual factors affecting the complexity of transmission, mixing of sources, or potential public health hazards; (b) size and/or length of the system's water mains; (c) whether or not there are automatic control valves, including but not limited to, pressure reducing or altitude valves; (d) number and/or size and/or types of meters; (e) existence of storage tanks in the system; (f) existence of multiple pressure zones; (g) maximum pressure in the system; (h) existence of booster stations; (i) number of service connections; or (j) quantity of water distributed.

100.7.2 WATER DISTRIBUTION SYSTEM CLASSIFICATION TABLE

The Transient Non-community Water System classification is addressed separately in section 100.19.1. For all other distribution systems:

CLASS POPULATION SERVED

Class 1 3,300 or Less

Class 2 3,301 - 25,000

Class 3 Over 25,000

100.7.3 The classification of any water distribution system may be changed at the discretion of the Division by reason of changes in any condition or circumstances on which the classification was predicated.

100.7.4 Section 100.7 only applies to distribution systems that serve a public water system.

100.8 WASTEWATER COLLECTION SYSTEM CLASSIFICATION

100.8.1 Wastewater collection systems shall be classified by the Division in accordance with the following three classes: Class 1, Class 2, or Class 3. Class 3 is the highest level of classification and Class 1 is the lowest level of classification. Except that the Division may make changes in classification in accordance with the needs created by particular complexities of any specific wastewater collection system based on consideration of facility specific factors, including, but not limited to: (a) any unusual factors affecting the complexity of collection; (b) whether there is the potential for mixing of sources; or (c) the presence of any potential public health hazards.

CLASS POPULATION SERVED

Class 1 3,300 or Less

Class 2 3,301 - 25,000

Class 3 Over 25,000

100.8.2 The classification of any wastewater collection system may be changed at the discretion of the Division by reason of changes in any condition or circumstances on which the classification was predicated.

100.9 QUALIFICATIONS AND CLASSIFICATIONS FOR CERTIFICATION OF OPERATORS

100.9.1 Operators certified under the previous system of classification and certification, including distribution and collection system operators that passed the voluntary examination, shall be deemed compliant with this provision and fully capable of operating facilities as described herein.

100.9.2 Applicants shall be examined by the Board or its designee as to education, experience, and knowledge related to the classification level for which the applicant seeks to be certified. Applicants must have a high school diploma, general equivalency diploma (GED) or its equivalent.

100.9.3 Experience and/or relevant training may substitute for a high school diploma, GED, or its equivalent if the Board or its designee finds, on a case-by-case basis, that the applicant's experience and/or relevant training has given him or her the reading, writing and comprehension skills necessary to protect the public health and otherwise meets the requirements of this regulation.

100.9.4 Use of experience and/or relevant training to meet the education requirement of this section precludes later use of such experience and/or relevant training to meet the experience requirements of this section. 100.9.5 In evaluating experience of operators the Board will be guided by whether the experience required some technical knowledge of the work and whether or not responsible charge of work was included.

100.9.6 Operators shall be classified according to the type of facility they are certified to operate. An applicant must pass a validated written examination for the appropriate type and level of facility that he or she seeks to be certified to operate. There is no minimum experience requirement for certification as a Transient Non-community Water System Operator as described in section 100.19.1. Each applicant for other operator classifications must have the required minimum experience or cross-experience as designated below:

Classification of Water or Wastewater Minimum Experience Facility Operator Required

Class D 1 Month

Class C 2 Years

Class B 3 Years

Class A 4 Years

Classification of Distribution Minimum Experience or Collection System Required Operator

Class 1 1 Month

Class 2 2 Years

Class 3 4 Years

100.9.7 Special rules for satisfying the minimum experience requirements of this regulation: (a) Class D Operators: (i) Class D Operators of water treatment, domestic wastewater treatment, or industrial wastewater treatment facilities may take the Class D examination before accruing the necessary experience for the issuance of a certificate. (ii) The Class D certificate will then only be issued upon a showing of satisfactory experience to the Board or its designee, as well as passage of a validated written exam. (iii) The required experience may be accrued under the supervision of a certified operator, through on the job training with a certified operator, or through an apprenticeship with a contract operator that is certified. The required experience may also be accrued through the successful completion of an on-site or correspondence training course, approved by the Board or its designee, which is designed to prepare the Class D Operator to operate Class D facilities. (iv) Any education courses used to satisfy the basic experience requirement for a Class D Operator may not be used to satisfy any certification renewal requirements contained in section 100.14 of this regulation. (b) Class 1 Operators: (i) Class 1 Operators of water distribution or wastewater collection systems may take the Class 1 examination before accruing the necessary experience for the issuance of a certificate. (ii) The Class 1 certificate will then only be issued upon a showing of satisfactory experience to the Board or its designee, as well as passage of a validated written exam. (iii) The required experience may be accrued under the supervision of a certified operator already through on the job training with a certified operator, or through an apprenticeship with a contract operator that is certified. The required experience may also be accrued through the successful completion of an on-site or correspondence training course, approved by the Board or its designee, which is designed to prepare the Class 1 Operator to operate a Class 1 system. (iv) Any educational course used to satisfy the basic experience requirement for a Class 1 Operator may not be used to satisfy any certification renewal requirements contained in section 100.14 of this regulation.

100.10 APPLICATION FOR CERTIFICATION

100.10.1 An individual desiring to be certified to operate a water and wastewater facility shall file an application with the Board or its designee.

100.10.2 The applicant must specify examination type (i.e. water, wastewater, distribution or collection), level of classification sought, exam date, and testing location and may only take the specified examination once during each examination cycle.

100.10.3 Application for certification examinations shall be made on forms provided by the Board or its designee.

100.10.4 The Board or its designee shall review applications and supporting documents, determine the eligibility of applicants to sit for the examination, and notify the applicants of their status.

100.10.5 Additional information needed by the Board or its designee to complete an evaluation of eligibility to sit for a certification examination shall be provided by the applicant to the Board or its designee within ten working days from the date of such request.

100.11 EXAMINATIONS

100.11.1 The Board or its designee shall oversee the preparation and administration of validated written examinations to be used in determining whether or not the applicant has the necessary skills, knowledge, ability and judgment appropriate for the level of classification sought.

100.11.2 Examinations shall be held at places and times set by the Board or its designee. Advance announcements of the date and locations of examinations shall be made by the Board or its designee.

100.11.3 All examinations shall be written, except in such cases as the Board or its designee decide, on a case-by-case basis, represent proper exceptions to the general rule that all examinations shall be written.

100.11.4 All examinations will be graded by the Board or its designee, and the applicants shall be notified of the results.

100.11.5 Applicants who fail any examination may review their examination(s) at locations specified in the notice of failure of said examination(s), at dates and times specified by the Board or its designee.

100.11.6 Separate validated examinations will be prepared to cover basic differences in types of water treatment processes, size and/or complexity of water and wastewater facilities, variations in wastewater and/or water quality, conditions of receiving waters, and other relevant factors as determined by the Board or its designee.

100.11.7 Applicants who fail an examination may retest during subsequent, regularly scheduled examination cycles upon complying with all applicable application procedures including the payment of appropriate examination fees.

100.11.8 Any form of cheating on the part of an applicant will invalidate the examination and may result in the applicant being barred from taking examinations for a period of 1 to 5 years, as determined by the Board or its designee following a hearing pursuant to Article 4 of Title 24, C.R.S.

100.12 EDUCATION AND CROSS EXPERIENCE SUBSTITUTED FOR EXPERIENCE REQUIREMENTS

100.12.11 Substitution of education for experience requirements: (a) Education may also be substituted for the experience requirements of section 100.9 on the basis of successful completion of formal academic credit hours for all or a portion of an academic year (15 semester hours = ½ academic year = 6 months of experience), and/or corresponding credits in the form of training units (300 contact hours or 30 training units = 15 quarter hours = 4 months experience). Thirty (30) semester hours and/or 45 quarter hours shall constitute one year's formal education. (b) At least fifty percent of any experience requirement of section 100.9 of this regulation shall be met by actual on-site operating experience in a water and wastewater facility, except that Class D Operators and Class 1 Operators may satisfy the experience requirement exclusively with formal academic education credits or training units. (c) Formal academic education at the post-high school (e.g., Junior College, Vocational Education) or college level may substitute for experience of section 100.9 of this regulation. (d) Credit for satisfactorily completing structured programs of study, approved by the Board or its designee, in a degree or certificate earning educational institution or equivalent may be given so long as not less than seventy five percent of the year's completed courses of study are technically oriented, including but not limited to the fields of chemistry, physics, engineering, mathematics, biology, water and wastewater treatment processes.

100.12.2 Substitution of cross-experience for experience requirements: (a) Cross-experience may be substituted for the experience requirements of section 100.9 for certification as a Class C, Class B, or Class A water treatment facility operator, domestic or industrial wastewater treatment facility operator; or for a Class 2 or Class 3 water distribution or wastewater collection system operator, except that at least fifty percent of any experience requirement of section 100.9 shall be met by actual on-site operating experience in a water and wastewater facility, as the case may be. (b) For the purpose of this section, "cross-experience" means that: (i) qualifying experience as an operator in a water treatment facility may be substituted for the experience requirement for certification as an operator of a wastewater treatment facility; (ii) qualifying experience as an operator in a wastewater treatment facility may be substituted for the experience requirement for certification as an operator of a water treatment facility; (iii) qualifying experience as an operator in a water distribution system may be substituted for the experience requirement for certification as an operator of a wastewater collection system; or (iv) qualifying experience as an operator in a wastewater collection system may be substituted for the experience requirement for certification as an operator of a water distribution system.

100.13 CERTIFICATES

100.13.1 Upon satisfactory fulfillment of the requirements of this regulation, the Board or its designee shall issue to the applicant a certificate designating the appropriate certification level.

100.13.2 Operator certificates shall be valid for three years unless revoked or suspended as provided in section 100.23 of these regulations. Operators may seek renewal of a certificate by submitting a written application for renewal to the Board or its designee prior to the expiration date of the certificate.

100.13.3 Renewal applications must demonstrate that the operator satisfies the requirements of this regulation including meeting the renewal training unit requirements stated in section 100.14 of this regulation.

100.13.4 The Board or its designee shall provide all application forms for renewal of certificates.

100.13.5 Any certificate not renewed by the operator expires on the third anniversary of its issuance. Following expiration of the certificate, the operator shall not represent that he or she holds a certificate in the class for which the certificate expired and no operator of a water and wastewater facility shall operate a facility in reliance on the expired certificate.

100.13.6 An operator may apply for renewal for two years following expiration of the certificate. The Board or its designee will renew the certificate if the operator pays the renewal fee and satisfies all applicable requirements. Any certificate not renewed by the operator prior to the fifth anniversary of its issuance is automatically revoked. Any operator whose certificate is revoked shall be treated as a new applicant for purposes of this regulation and must meet all the initial certification requirements.

100.13.7 Certified operators who desire to become certified in a higher level must satisfactorily complete the requirements for that level before a new certificate at the higher level may be issued.

100.13.8 Reciprocity--Certificates may be issued by the Board or its designee, without examination, on a case-by-case basis, to individuals in a comparable classification who have passed an adequate written examination and who hold a valid certificate in another state, territory or possession of the United States or any country provided the requirements for certification of operators under which the individual's certificate was issued do not conflict with the provisions of Article 9 of Title 25, C.R.S., and are of a standard not lower than that specified by these regulations. 

100.14 TRAINING UNIT REQUIREMENTS FOR RENEWAL OF CERTIFICATION

100.14.1 In addition to the other requirements of this rule, all certified operators must earn the appropriate amount of training units, as specified in this rule, before the operator's certificate will be renewed.

100.14.2 Operators seeking renewal of their certificates shall meet the following training unit requirements: (a) Class A water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 3 training units. (b) Class B water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 2.4 training units. (c) Class C water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 1.8 training units. (d) Class D water treatment, domestic wastewater treatment, and industrial wastewater treatment facility operators - 1.2 training units. (e) Class 3 water distribution and wastewater collection system operators - 3 training units. (f) Class 2 water distribution and wastewater collection system operators - 2 training units. (g) Class 1 water distribution and wastewater collection system operators - 1.2 training units.

100.14.3 Ten contact hours shall be required to equal one training unit. A "contact hour" means a classroom or supervised hour of attendance in a training program approved by the Board or its designee in accordance with section 100.15.

100.14.4 All subject matter for which training units will be granted must be relevant, as determined by the Board or its designee, to the operation, maintenance, or safe operation of a water and wastewater facility. The Board or its designee will consider material to be relevant if it is based on information that is necessary to the successful operation of a facility or system. Eligible topics may include the following subjects: (a) operation and maintenance of facility mechanical systems, electrical equipment or hydraulics; (b) physical treatment, chemical treatment, biological treatment; or (c) physical testing, chemical testing, biological testing, or disinfection.

100.14.5 Training units shall also be awarded to certified operators for teaching a classroom program that has been approved by the Board or its designee.

100.15 APPROVAL OF TRAINING AND EDUCATIONAL COURSES.

100.15.1 Approval of educational institutions for purposes of substituting education for experience shall be determined by the Board or its designee based on accreditation by recognized regional associations stated in Section 23-2-102(3), C.R.S., for such institutions in the United States. For educational institutions outside the United States, the applicant shall be required to establish to the satisfaction of the Board or its designee the equivalency and suitability of the courses of study claimed for credit.

100.15.2 Other educational programs, including but not limited to, specialized operator training courses, seminars, workshops, and technical conferences, may be credited toward education for purposes of substitution for experience as approved by the Board or its designee. Such credits are designated training units on the following basis: (a) Ten contact hours shall be required to equal one training unit. A contact hour means a classroom or supervised hour of attendance recognized by the Board as a training unit successfully completed by an applicant. (b) Three training units shall equal one semester credit hour or two training units shall equal one quarter hour for purposes of equivalency.

100.15.3 Institutions, seminar presenters and others may seek approval of their training or educational courses or programs by application to the Board or its designee, demonstrating that their proposed material, curricula, and facilities for contact hour equivalency are satisfactory to the Board or its designee.

100.16 CERTIFIED OPERATOR DUTIES

100.16.1 Certified operators shall display in practice the experience and qualifications in performance of duties and/or exercise reasonable care and judgment consistent with the requirements and minimum qualifications for certification as determined after investigation by the Board.

100.16.2 Certified operators shall properly perform and/or supervise the tasks pertinent to controlling the operation of a water and wastewater facility, including but not limited to the following: (a) controlling selection of or flow of water/wastewater from the facility or system; (b) controlling the processing of raw and/or treated and/or finished water/wastewater; (c) preparing and/or controlling chemical addition for water or wastewater treatment; (d) observing and taking necessary actions in response to variations in operating conditions; (e) interpreting meter and/or gauge readings and adjusting facility processes based on such interpretations; (f) operating valves and/or gates either manually or by remote control; (g) starting and/or stopping pumps; (h) maintaining logs and/or records; (i) collecting and/or analyzing process control samples; (j) developing and implementing preventative maintenance programs and performing routine maintenance functions for facilities; or (k) monitoring compliance with laws and regulations and reporting as appropriate to facility owners and the Department.

100.16.3 Each certified operator shall provide to the Board or its designee his or her current mailing address and telephone number, and shall update this information as necessary.

100.17 OPERATOR IN RESPONSIBLE CHARGE DUTIES

100.17.1 The operator in responsible charge of a water and wastewater facility must hold a valid certificate equal to or greater than the classification of the water and wastewater facility he or she operates.

100.17.2 The duties of an operator in responsible charge include the following: (a) The management or administration of a water and wastewater facility; (b) The charge, commission, or duty to comply with applicable regulations and requirements for proper operation of the water and wastewater facility; (c) The accountability for the proper operation and maintenance of the water and wastewater facility; (d) The control of, supervision over, or active participation in the daily planning, operation or maintenance of a water and wastewater facility; (e) Authority and/or power to make day-to-day decisions on the operation and maintenance of the water and wastewater facility; or (f) The capacity and availability to perform the above as well as other functions of direct responsibility.

100.18 AUTHORIZATION FOR CONTINUED OPERATION OF WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS

100.18.1 Operators of water distribution and/or wastewater collection systems certified prior to [the effective date of this regulation] under the voluntary program administered by the Colorado Water and Wastewater Collection Systems Certification Council, Inc., shall be considered compliant with the certification requirements of this provision for a period of three years from [the effective date of this regulation]. Such certification shall be renewable upon payment of appropriate fees and obtaining the required training units.

100.18.2 Existing operators, whose responsibility includes making process control and/or system integrity decision about water quality or quantity that may affect the public health or environment, of existing water distribution or wastewater collection systems as of [the effective date of this regulation], who have not been certified under the voluntary program administered by the Colorado Water and Wastewater Collection Systems Certification Council, Inc. may continue to operate the specific system in which they are currently employed, for a period of two years from the issuance of an authorization for continued operation without meeting the certification requirements of this regulation, provided that they have the requisite minimum experience levels provided in section 100.9 and so long as the following requirements are satisfied: (a) The owner of the existing water distribution or wastewater collection system applies to the Board or its designee for issuance of an authorization for such operator to continue operation without compliance with the otherwise applicable certification requirements of this regulation. The owner must submit such application to the Board or its designee within one year of [the effective date of this regulation]. (b) Such an operator shall not operate any other system until he or she meets the initial certification requirements for that system and obtains a certificate appropriate for that system; (c) Authorization for continued system operation under this provision is non-transferable, applies only to the specific system and individual and does not authorize operation of the system by any other operator. (d) Any operator who continues system operation under this provision must obtain a certificate in the appropriate classification within two (2) years from the issuance of an authorization for continued operation, and shall satisfy all requirements for obtaining certificate renewal including payment of fees, acquiring the minimum training units, and demonstrating to the Board or its designee all requisite skills, knowledge, ability and judgment for the type of system. (e) If the classification of the water distribution or wastewater collection system changes to a higher level, the authorization to continue operation under this provision expires, and is no longer valid unless the classification change occurs without any significant physical change in the system as determined by the Board or its designee. (f) Any operator authorized to continue operation under this provision who chooses to work for a different water distribution or wastewater collection system must meet all the initial certification requirements for that system, including obtaining a certificate appropriate to that system, passage of a validated written examination, and satisfaction of the minimum experience requirements of this regulation.

100.19 SMALL SYSTEM OPERATOR PROVISIONS

100.19.1 Transient Non-community Water System Classification. (a) A separate facility classification is hereby established for transient non-community public water systems that draw water from ground water sources not under the influence of surface water, serve less than 100 individuals per day and utilize treatment consisting only of chlorine disinfection. (b) Operators of water treatment facilities and distribution systems associated with the transient non-community systems described in subsection (a) above may be certified as "Transient Non-community Water System Operators".

100.19.1 Other Small Systems RESERVED

100.20 MULTIPLE FACILITY OPERATOR PROVISIONS RESERVED

100.21 RESPONSIBILITIES OF WATER AND WASTEWATER FACILITY OWNERS.

100.21.1 No owner of a water and wastewater facility shall allow the facility to be operated without the direct supervision of an operator in responsible charge certified in a classification equivalent to or higher than the classification of the facility as specified in these regulations. For purposes of this regulation, "direct supervision" means that the operator in responsible charge has supervisory responsibility and authority with respect to the activities and functions of other facility operators.

100.21.2 Each owner of a water and wastewater facility shall ensure that all process control and/or system integrity decisions about water quality or quantity that may affect public health or the environment are made by either an operator in responsible charge or by another certified operator.

100.21.3 Each owner of a water and wastewater facility shall ensure that a designated certified operator is available for each operating shift. For purposes of this regulation, "available" means an operator must be on-site or able to be contacted as needed to initiate appropriate actions in a timely manner.

100.21.4 Each owner of a water and wastewater facility shall submit in writing to the Board or its designee, within sixty (60) days of [the effective date of this regulation], and shall keep current with the Board or its designee the following information: (a) Name, address and phone number of the facility representative providing the information; (b) Name, address, phone number and level of certification of all operator(s) in responsible charge employed by the owner; (c) Identification of the facility or facilities that each operator in responsible charge employed by the owner has responsibility; (d) The Public Water System Identification number and permit number for all facilities listed..

100.21.5 Each water and wastewater facility shall have an operator in responsible charge certified as shown in the following table:

Facility or System Classification Classification of Operator in Responsible Charge

A A

B A or B

C A, B, or C

D A, B, C, or D

3 3

2 2 or 3

1 1, 2, or 3

All Transient Non-community Water Systems described in section 100.19.1(a) shall have an operator certified as a Transient Non-community Water System Operator, as described in section 100.19.1. 100.22 FEES

100.22.1 Application fees for certification, renewal of certification, and issuance of a certificate upon a Board finding of reciprocity shall be $15, and shall be nonrefundable.

100.22.2 Program fees shall consist of examination fees and administration fees. (a) Examination fees in the amount of $25.00 will be charged for each examination the applicant signs up to take. Examination fees are based on the cost of preparing, administering, and scoring the certification examination. (b) Administration fees will be charged upon issuance of a new certificate and upon certification renewal and will be based on the cost of administering the operator certification program. Administration fees shall be [RESERVED].

100.22.3 Application fees and program fees are non-refundable.

100.23 DISCIPLINARY PROCEEDINGS

100.23.1 The Board may reprimand a certified operator, and/or suspend or revoke the certificate of any certified operator who violates the requirements of this regulation, including, but not limited to the following: (a) Failing to display in practice the experience and qualifications in performance of duties and/or exercise reasonable care and judgment consistent with the requirements and minimum qualifications for certification as determined after investigation by the Board. (b) Failing to properly perform and/or supervise the following tasks pertinent to controlling the operation of a water and wastewater facility, including, but not limited to the tasks described in section 100.2(12) of this regulation. (c) Willfully or negligently violating, causing, or allowing the violation of rules promulgated pursuant to this article or failing to comply with the provisions of this article; (d) Submitting false or misleading information on any document provided to the Department, Division, Board, or designee of the Board; (e) Using fraud or deception in the course of employment as an operator; (f) Failing to conform with minimum standards of performance of an operators' duty, as determined by the Board or its designee; (g) Engaging in dishonest conduct during an examination; or (h) Obtaining a certificate through fraud, deceit, or the submission of materially inaccurate application information. 

100.23.2 The Board may reprimand an operator in responsible charge, and/or suspend or revoke the certificate of any operator in responsible charge, who: (a) Fails to meet the requirements of an operator in responsible charge as defined in section 100.17 of this regulation; and/or (b) Willfully or negligently causes or allows any other individual or operator under his charge, direction or supervision to perform duties inconsistent with an operator's duties as stated in section 100.16 or any other requirements of this regulation.

100.23.3 The Division shall investigate any instances of possible misconduct by certified operators or operators in responsible charge of water and wastewater facilities and shall present the results of the investigation and its recommendations for any disciplinary action, including reprimand or suspension or revocation of a certificate, to the Board in accordance with section 24-4-105, C.R.S.

100.23.4 The Division shall investigate any instances of possible violations of the requirements of this regulation by any owner of a water and wastewater facility and shall enforce compliance with the requirements of this regulation in accordance with the procedures in section 25-9-110(3), (4) and (6), C.R.S.

100.24 HEARINGS AND APPEALS

100.24.1 The Division, in seeking any disciplinary action under section 100.23.3 of this regulation may request a hearing before the Board by submitting a request containing the following information: (a) identification of the person(s) requesting the hearing and the subject matter of the request; (b) the statutory and/or regulatory authority and factual basis for the request; and (c) the relief requested.

100.24.2 Any water and wastewater facility owner who seeks a hearing in response to a Division finding of a violation under section 100.23.4 or a Department assessment of a civil penalty may request a hearing before the Board by submitting to the Division within thirty (30) days of notice of the finding or assessment a request containing the following: (a) identification of the person(s) requesting the hearing and the subject matter of the request; (b) the statutory and/or regulatory authority and factual basis for the request; and (c) the relief requested.

100.24.3 Any person affected or aggrieved by a decision of the Board's designee or the Division may request a hearing before the Board by submitting a request containing the following information: (a) identification of the person(s) requesting the hearing and the subject matter of the request; (b) the statutory and/or regulatory authority and factual basis for the request; and (c) the relief requested.

100.24.4 The Board shall grant any hearing request made pursuant to section 100.24.1, 100.24.2, or 100.24.3 of this regulation and shall schedule and conduct an adjudicatory hearing in accordance with section 24-4-105, C.R.S.

100.25 - 29 RESERVED

PROPOSED

100.30 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; SEPTEMBER, 2000 RULEMAKING

The provisions of sections 25-9-104(1)(a),(3), (4), (5) and (6), C.R.S.; 25-9-106; 25-9-106.2; 25-9-106.3; 25-9-107; 25-9-108, C.R.S., provide the specific statutory authority for the adoption of these regulatory provisions. The Board also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.

BASIS AND PURPOSE

Background and Overview

The 2000 Colorado General Assembly adopted HB 00-1431, revising the certification procedures and requirements for operators of water and wastewater facilities, which include water treatment facilities, domestic and industrial wastewater treatment facilities, water distribution systems and wastewater collection systems. The bill established the composition, duties and rulemaking authority of the Water and Wastewater Facility Operators Certification Board (formerly the Plant Operators Certification Board).

The Board intends that the rules adopted pursuant to HB 00-1431 will comply with guidelines established by the United States Environmental Protection Agency (EPA) under section 1419(a) of the federal Safe Drinking Water Act, which specifies minimum standards for certification and recertification of operators of community and nontransient noncommunity public water systems. In particular, the Board anticipates that this regulation will satisfy EPA requirements and allow that agency to release to the state federal funding that is contingent on adoption of appropriate certification requirements.

Operator Classification and Qualification Issues

In this rulemaking, the Board established various classes of operators for water treatment facilities, domestic and industrial wastewater treatment facilities, water distribution systems and wastewater collection systems. Pursuant to HB 00-1431, the classes of operators established by the Board reflect the differing levels of complexity encountered in operating the various types of facilities and systems. This legislation also authorized the Board to establish separate certification classifications for operators of multiple facilities and for operators of small systems. Because of time constraints imposed by EPA deadlines, the Board has chosen to address these issues in a later rulemaking and has simply "reserved" these sections at this time, except for a specific provision addressing certain Transient Non-community Water Systems, as discussed below. The Board also defined a process for determining the qualifications for certifying and renewing the certification of operators in each of the various classes. In accordance with HB 00-1431 and EPA guidelines, the Board adopted minimum education and experience requirements for operators, a requirement that examinations be validated, and a requirement that operators meet ongoing training requirements in order to renew their certification. The Board also chose appropriate levels at which an applicant may substitute experience for education or education for experience, in order to allow operator certification where a combination of these components demonstrates that the operator is competent to operate a particular class of facility.

Minimum Experience for Entry Level Operators

According to EPA regulations, operators seeking to be certified must have a specified amount of minimum experience. Several stakeholders expressed concern that requiring a minimum amount of experience for all operators placed an undue burden on entry-level operators in rural areas of Colorado because they would not have the time or financial capability to meet such a certification requirement. In response to these concerns, the Board created a new level of certification for operators of water treatment facilities and water distribution systems serving Transient Non-community Water Systems that draw water from ground water sources not under the influence of surface water, serve less than 100 person per day, and utilize only chlorine disinfection. Recognizing that such transient non-community systems were outside the scope of EPA guidelines, the Board chose not to impose a minimum experience requirement on such operators and allowed them to gain certification based solely on the passage of a written examination that focuses on subjects particularly relevant to operating this category of transient non-community water treatment facilities and transient non-community water distribution systems.

For other entry level water and wastewater facility operators (Class D and Class 1), the Board has established a one-month minimum experience requirement. In order to provide flexibility to entry-level operators, the Board has established a number of options for meeting this experience requirement, including on-the-job training, apprenticeship, and on-site or correspondence training courses.

Classification of Water and Wastewater Treatment Facilities

Generally, the Board, chose to establish a system for classification of the State's water and wastewater treatment facilities according to their prior system of classification. Accordingly, the Board adopted a classification scheme which takes into consideration factors such as the size, complexity, and amount of water processed through the facility. The Board determined that it would be most efficient for the Division to retain the authority to classify facilities and modify the classification of any facility. Classification decisions by the Division can be appealed to the Board.

The Board recognizes that water treatment processes that do not utilize chemicals are more problematic and impose a greater risk on public health. Therefore, the Board requires that a higher class of distribution system be used in combination with treatment facilities that utilize ground water with a waiver of disinfection, including ultraviolet and ozone disinfection. This is due to the fact that there is no residual disinfectant in the distribution system.

Classification of Water Distribution and Wastewater Collection Systems

In classifying water distribution systems and wastewater collection systems the Board chose to initially classify the systems based on population, which the Board believes serves as an adequate surrogate for complexity. Additionally, the Board provided that the Division can change the classification of any particular facility based on complexity factors. The Board intends to revisit their initial classification scheme for water distribution and wastewater collection systems in a future rulemaking to consider adoption of a classification system that will more accurately reflect the complexities and differences between the various types of distribution and collection systems.

Fees

The new state legislation authorized the Board to adopt application and program fees which reflect the actual costs of administering the operator certification program. The Board has established a certification application fee of $15, as specified in the statute. It also established two types of program fees: (1) an examination fee of $25 to cover the cost of administering each examination, and (2) an administration fee that will be charged upon issuance of a certificate and upon renewal of a certificate. The administration fee will cover ongoing costs of program administration by a third party contractor. The Board did not adopt a specific administration fee in this rulemaking because the arrangements with a third party contractor, which will determine the necessary amount of the fee, have not yet been finalized. The Board therefore is reserving the adoption of a specific administration fee for a later rulemaking. The Board also anticipates that the fees established in this rulemaking may need to be revised as the transition to this new mode of implementing the operator certification program is completed.

Status of Existing Operators

The Board chose to certify under these regulations those operators of water and wastewater treatment facilities who had been previously certified under the prior certification system. The Board also chose to certify under these regulations those operators of water distribution systems and wastewater collection systems who had been previously certified under the voluntary program administered by the Colorado Water and Wastewater Collection Systems Certification Council, based on the understanding that the voluntary certification program, and in particular the exam administered under the voluntary program, was adequate to ensure the protection of public health and the environment, and the safe operation of water distribution and wastewater collection systems.

In addition, the new regulation provides a procedure to authorize certain existing operators of existing water distribution and wastewater collection systems who have not obtained voluntary certification to continue operation of the specific systems where such operators are currently employed for a period of time without receiving a certificate. Pursuant to EPA guidelines the Board chose to allow operators of existing systems, who were authorized to make process control and/or system integrity decisions about water quality or quantity that may affect the public health or environment, to continue operation of their systems so long as certain requirements are met and a certain procedure is followed. This procedure allows owners of such systems to apply to the Board for an "Authorization for Continued Operation" for the existing operators of their system. Pursuant to EPA guidelines, the Board chose to make the "Authorization for Continued Operation" site-specific and non-transferable. To maintain this authorization, operators will need to meet the same on-going training requirements as certified operators. To move to another facility, operators would need to meet all initial certification requirements, including passing the appropriate exam.

Operator Responsibilities

One section of the regulation adopted by the Board specifies the duties of certified operators and defines certain standards of performance for certified operators of affected facilities. The regulation requires certified operators to exercise reasonable care and judgment while performing their duties and in supervising facility operations. The regulation also requires operators to keep current with the Board information on where the operator(s) can be contacted so that the Board can notify the operator(s) of certification expiration, renewal requirements, and testing information.

Owner Responsibilities

Another section of the regulation adopted by the Board specifies the duties of owners of water and wastewater facilities. Pursuant to the legislation and EPA guidelines, the Board chose to require owners to place the direct supervision of their facilities under the control of an "operator in responsible charge" holding a valid certification equal to or greater than the classification of the facility. The Board clarified that a direct supervisor relationship exists if the operator in responsible charge has supervisory responsibility and authority with respect to other operators. The Board does not intend for direct supervision to mean that the operator in responsible charge must be on-site at all times.

In order to meet EPA guidelines, the Board required that all process control and/or system integrity decisions about water quality or quantity that may affect the public health or the environment be made by either an operator in responsible charge or another certified operator. The Board also required owners to designate a certified operator who would be available for each operating shift. The Board clarified that in order for an operator to be "available," he or she must be on-site or able to be contacted as needed to initiate appropriate actions in a timely manner.

Finally, the regulation requires owners to submit to the Board information on the operator(s) in responsible charge of their facility so that the Board and Division can more efficiently enforce the provisions of this regulation and better protect the public health.

Division Enforcement Procedures

HB 00-1431 also set out the roles of the Water Quality Control Division and the Board in enforcing the new operator certification program. The Board recognized the role of the Division as the agency primarily responsible for investigating and reporting to the Board any misconduct by water and wastewater facility operators. Any disciplinary action regarding operators would be taken by the Board, after an opportunity for a hearing. Pursuant to the legislation, the Board also chose to allow owners of water and wastewater facilities to seek a hearing before the Board in response to a Division finding of a violation of the regulations or in response to a Department assessment of a civil penalty. The rule also establishes a process by which any person, affected or aggrieved by a decision of Division or a third party contractor implementing certain aspect of the program may seek relief through an appeal or hearing before the Board.

Nonprofit Contractors Issues

HB 00-1431 authorized the Board to appoint one or more independent nonprofit corporations to administer the operator certification program, including providing examinations, issuing certification documents, evaluating continuing training requirements for renewal of certification, and evaluating requests for reciprocity. The Board specified in the new regulation the program administration duties that it may choose to delegate to a nonprofit corporation.