Date of Adoption: December 29, 2000.

Purpose: The purpose of this rule is to adopt the 1996 amendments to the federal Safe Drinking Water Act (SDWA) regarding operator certification requirements as specified in the United States Environmental Protection Agency (EPA) guidance.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-292-170; and amending WAC 246-292-001, 246-292-010, 246-292-020, 246-292-040, 246-292-050, 246-292-055, 246-292-060, 246-292-070, 246-292-075, 246-292-080, 246-292-090, 246-292-100, 246-292-110, and 246-292-160.

Statutory Authority for Adoption: Chapter 70.119 RCW.

Other Authority: Safe Drinking Water Act, Public Law 104-182; 64 F.R. 5916 - 5921.

Adopted under notice filed as WSR 00-21-104 on October 18, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 14, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 14, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 14, Repealed 1. Effective Date of Rule: Thirty-one days after filing.

December 26, 2000

Nancy Ellison

Deputy Secretary

for Mary Selecky

Secretary

OTS-4368.5

AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94, effective 2/20/94)

WAC 246-292-001   Purpose.   Pursuant to the provisions of chapter 70.119 RCW, the ((regulations set forth in)) purpose of this chapter ((are adopted for the protection of)) is to protect public health ((through the establishment of)) by setting minimum requirements and standards ((by which)) for public water system((s are operated and)) operation and certification of operators in responsible charge of public water systems ((are examined and certified as to their competency)). Certification under this chapter is available to all operators who can meet the minimum qualifications of a given classification.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-001, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-001, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-010, filed 9/22/78.]

BAT - backflow assembly tester((.));

BTO - basic treatment operator((.));

CCS - cross connection control specialist((.));

GWI - ground water under the direct influence of surface water((.));

NTNC - nontransient noncommunity((.));

OIT - operator-in-training((.));

SMA - satellite management agency;

TNC - transient noncommunity((.));

WAC - Washington Administrative Code;

WDM - water distribution manager((.));

WDS - water distribution specialist((.));

WTPO - water treatment plant operator((.));

(("Basic filtration technology" means slow sand filtration and alternate filtration technologies such as cartridge filters, bag filters, and ultrafiltration.

"Board" means the water and wastewater operator certification board of examiners as established under RCW 70.95B.070 and 70.119.080.)) "Available" means based on system size, complexity, and source water quality, a certified operator must be on-site or able to be contacted as needed to initiate the appropriate action in a timely manner.

"Certificate" means a certificate of competency issued by the ((secretary)) department stating that the operator has met the requirements for the specified operator classification of the certification program.

"Certified operator" means a person who has met the applicable requirements of this chapter ((246-292 WAC)) and holds a valid certificate.

"Complex filtration technology" means conventional, direct, in-line or diatomaceous earth filtration.

"Community water system" means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving twenty-five year-round (i.e., more than one hundred eighty days per year) residents. Examples of a community water system might include a municipality, subdivision, mobile home park, apartment complex, college with dormitories, nursing home, or prison.

"Continuing education unit (CEU)" means a nationally recognized unit of measurement similar to college credits. One CEU is awarded for every ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction and qualified instruction. Forty-five relevant CEUs equals forty-five relevant college quarter credits or thirty relevant college semester credits as determined by the department.

"Contract operator" means a person in charge of the ((active, daily, technical operation of more than two)) daily operational activities of three or more public water systems.

"Cross connection control program" means ((a program protecting the health of water consumers and the potability of the public water supply as required under)) the administrative and technical procedures the owner implements to protect the public water system from contamination via cross-connections as required in WAC 246-290-490.

"Department" means the Washington state department of health, through the secretary of health or the secretary's designee.

"Distribution system" means ((that portion of a public water system which conveys water from the source and/or treatment facilities to consumers)) all piping components of a public water system that serves to convey water from transmission mains linked to source, storage and treatment facilities to the consumer excluding individual services.

"Grandparenting" means the exemption for the existing operator in responsible charge from meeting the initial education, experience and examination requirements for the class of certification the system has been assigned.

"Ground water under the direct influence of surface water (GWI)" means any water beneath the surface of the ground with:

Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia; or

Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH ((which)) closely ((correlate)) correlating to climatological or surface water condition.

"Group A water system" means a public water system ((with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections)) providing service such that it meets the definition of a public water system provided in the 1996 amendments to the federal Safe Drinking Water Act (Public Law 104-182, Section 101, subsection b). Group A water systems are further defined as community and noncommunity water systems (see other definitions).

"Group B water system" means a public water system with less than fifteen ((service)) residential connections and serving:

An average of less than twenty-five people per day for sixty or more days within a calendar year; or

Any number of people for less than sixty days within a calendar year.

"Nationally recognized association of certification authorities" means an organization ((which)) that:

Serves as an information center for certification activities;

Recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems, wastewater facilities and certification of operators;

Facilitates reciprocity between state programs; and

Assists authorities in establishing new and updating existing certification programs.

"Noncommunity water system" means a Group A water system that is not a community water system. Noncommunity water systems are further defined as nontransient noncommunity (NTNC) and transient noncommunity (TNC).

"Nontransient noncommunity water system (NTNC)" means a Group A water system ((regularly serving)) that provides service to twenty-five or more of the same ((nonresidents)) nonresidential people for one hundred eighty or more days within a calendar year. Examples of a NTNC water system include a school or day care center, or a business, factory, motel or restaurant with twenty-five or more employees on-site.

"Owner" means any agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity that holds as property, a public water system.

"Operating experience" means the routine on-site performance of duties in a water purification plant or distribution system. Those duties affect plant or system performance and/or water quality.

"Operating shift" means that period of time during which operator decisions are made and actions are taken that will directly impact water quality and/or quantity of drinking water.

"Professional growth reporting period" means a designated time period of not less than three years, in which a certified operator shall demonstrate professional growth.

"Public water system" means any system((, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used)) providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm. The term includes:

Collection, treatment, storage, and/or distribution facilities under control of the owner and used primarily in connection with such systems; and

Collection or pretreatment storage facilities not under control of the owner, but primarily in connection with ((the)) such system.

"Purification plant" means that portion of a public water system ((which)) that treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards. Unit processes installed ((as necessary)) to perform water filtration, ion exchange, electrodialysis, reverse osmosis, or iron and manganese removal shall be included within the scope of the term purification plant. Unit processes installed ((as necessary)) to allow in-line fluoridation, in-line chlorination, or chemical addition to inhibit corrosion ((shall not be)) are not included within the scope of the term purification plant.

(("Secretary" means the secretary of the department of health or the secretary's designee.

"Service" means a connection to a public water system designed to serve a single family residence or other residential or nonresidential population. When the connection is to a system without clearly defined single family residences or with a nonresident population, the following formulas shall be used in determining equivalent number of services:

For group home or barracks-type accommodation, divide the average population served each day by two and one-half;

For NTNC systems, divide the average population served each day by two and one-half; and

For TNC systems, divide the average population served each day by twenty-five.

"Surface water" means a body of water open to the atmosphere and subject to surface runoff.

"Transient noncommunity water system (TNC)" means a Group A water system:

Having fifteen or more services used less than one hundred eighty days within a calendar year; or

Serving twenty-five or more different nonresidents for sixty or more days within a calendar year; or

Serving twenty-five or more of the same nonresidents for sixty or more days, but less than one hundred eighty days within a calendar year; or

Serving twenty-five or more residents for sixty or more days, but less than one hundred eighty days within a calendar year.))

"Relevant water system training" means directly related to the operation, maintenance or management of a water system; and which has an influence on water quality, public health, or environmental protection.

"Responsible charge" means the operator(s) designated by the owner to be the certified operator(s) who makes the decisions regarding the daily operational activities of a public water system, water treatment facility and/or distribution system that will directly impact water quality and/or quantity of drinking water including, but not limited to, decisions concerning process control and system integrity.

"Satellite management agency (SMA)" means a person or entity that is approved by the department to own or operate public water systems on a regional or county-wide basis without the necessity for a physical connection between such systems.

"Service connection" means a connection to a public water system designed to provide water to a single family residence, or other residential or nonresidential population.

"Significant noncomplier" means a system that is violating or has violated department rules, and the violation may create, or has created an imminent or a significant risk to human health. Such violations include, but are not limited to, repeated violations of monitoring requirements, failure to address an exceedance of permissible levels of regulated contaminants, or failure to comply with treatment technique standards or requirements.

"Transient noncommunity (TNC)" means a Group A water system that serves:

Twenty-five or more different people each day for sixty or more days within a calendar year; or

Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within the calendar year.

"Validated exam" means an exam that is independently reviewed by subject matter experts to ensure that the exam is based on a job analysis and related to the classification of the system or facility.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-010, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-020, filed 9/22/78.]

(4) When a system apportions responsibility for segments of a public water system, the system shall ensure that a certified operator is responsible for each segment.)) The following public water systems shall designate the certified operator(s) in responsible charge of the daily operational activities of the public water system, water treatment facility, and/or distribution system that will directly impact water quality and/or quantity of drinking water as required under WAC 246-292-050:

(a) Group A community or nontransient noncommunity (NTNC) systems; and

(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and

(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.

(2) Operator certification requirement. Operators in responsible charge of the following public water systems or portions thereof shall be certified:

(a) Group A community and nontransient noncommunity (NTNC) systems;

(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and

(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.

(3) A designated certified operator shall be in responsible charge and available for each operating shift.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-020, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-030, filed 9/22/78.]

(2) The ((secretary)) department shall classify distribution systems into groups as follows:

Classification		Population Served*
Group S		less than 251
Group 1		((less than)) 251 to 1,500
Group 2		1,501(( - )) to 15,000
Group 3		15,001(( - )) to 50,000
Group 4		greater than 50,000
*	If the population served is not known, apply this formula: Number of Service Connections x 2.5=Population Served

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-040, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-050, filed 9/22/78.]

(a) A water treatment plant operator (WTPO) shall be responsible for the operation of:

(i) A purification plant ((utilizing)) with a Class 2 rating or higher;

(ii) Any purification plant using complex filtration technology; or

(iii) Any unfiltered Group A surface water or GWI system with one hundred or more services in use at any one time.

(b) A basic treatment operator (BTO) shall be responsible for the operation of:

(i) A ((purification plant utilizing basic filtration technology)) public water system with a Class 1 purification plant rating; or

(ii) An unfiltered Group A surface water or GWI system with less than one hundred services in use at any one time.

(c) A water distribution manager (WDM) shall be responsible for the operation of a Group A water system ((with)):

(i) ((One hundred or more services in use at any one time; or

(ii) A purification plant utilizing complex filtration technology.)) Serving a population greater than two hundred fifty people.

(ii) A Class 2 purification plant rating or higher; or

(iii) Any purification plant using complex filtration technology.

(d) A water distribution specialist (WDS) shall be responsible for the operation of:

(i) Group A community or NTNC water systems serving a population of two hundred fifty people or less.

(ii) Group A TNC systems classified as significant noncompliers (SNCs) and not required to provide treatment other than simple disinfection if serving a population of two hundred fifty people or less.

(2) Owners required to develop a cross-connection control program in accordance with WAC 246-290-490 shall ensure that a cross-connection control specialist (CCS) is responsible for:

(a) The system's cross-connection control program;

(b) Initial inspection of premises served by the system, for cross-connections; and

(c) Periodic reinspection of premises served by the system, for cross-connections.

(3) Owners shall ensure that a backflow assembly tester (BAT) is responsible for inspecting, testing, and monitoring backflow prevention assemblies in accordance with WAC 246-290-490.

(4) ((Owners may utilize a WDS to accomplish routine technical duties, provided they are under the supervision of an operator certified in accordance with WAC 246-292-020.

(5))) A WTPO and WDM shall be certified at a level equal to or higher than the water system's classification rating assigned by the ((secretary)) department in accordance with WAC 246-292-040.

(((6) When the Group A water system practices shift work,)) (5) The certified operator in responsible charge of each operating shift shall be certified at a minimum of one level lower than the classification of the purification plant or distribution system.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-050, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-050, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-060, filed 9/22/78.]

(2))) Contract operators in responsible charge of the daily operational activities of three or more public water systems for operation of a system shall be certified as follows:

(a) At a minimum, a WDM and CCS, with the WDM level determined by the largest public water system operated;

(b) A BTO for public water systems with ((basic filtration technology)) a Class 1 purification plant rating; and

(c) A WTPO for public water systems with a Class 2 purification plant rating or higher or any purification plant using complex filtration technology.

(((3))) (2) Contract operators shall ((maintain)) be available on a twenty-four-hour ((telephone availability)) per day basis.

(((4))) (3) Contract operators shall submit two copies of all signed operations contracts to the department within thirty days of the effective date.

(((5))) (4) Contract operators who are satellite management agencies (SMAs) shall also comply with the provisions of RCW 70.116.134.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-055, filed 1/20/94, effective 2/20/94.]

Table 1A

MINIMUM EDUCATION AND OPERATING EXPERIENCE REQUIREMENTS

Table 1B

MINIMUM EDUCATION AND OPERATING EXPERIENCE REQUIREMENTS

(((3))) (2) Minimum operating experience requirement shall be the routine on-site performance of duties in a water purification plant or distribution system. Those duties shall affect plant or system performance and/or water quality.

(((4))) (3) The ((board)) department may allow substitutions of a person's relevant experience when the person cannot meet the formal education requirement, or vice versa in the WDM, WTPO, BTO, WDS and CCS classifications as outlined in the ((department)) guideline ((titled "Water Works Certification Program Guideline" available on request)).

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-060, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-070, filed 9/22/78.]

(a) Submit a completed application, application fee and examination charge to cover the cost of a validated exam;

(b) Meet the minimum education and operating experience criteria for the level of certification for which they are applying in accordance with WAC 246-292-060; and

(((b) Submit a completed application and applicable fee to the secretary;))

(c) Pass ((the written)) a validated examination ((for the appropriate classification and level; and

(d) For the BAT and BTO classifications, pass the practical examination)).

(2) The ((secretary)) department shall:

(a) ((Conduct)) Ensure a validated examination((s)) is conducted at least three times annually at convenient places and times as set by the ((board)) department;

(b) Provide notice of places and times of regularly scheduled examinations; and

(c) Issue applicable certificates to applicants meeting all the conditions for certification.

(3) Applicants who fail or do not appear for their scheduled examination may reapply for a regularly scheduled examination by submitting a new application ((along with the applicable fee to the secretary)), application fee and examination charge.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-070, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-080, filed 9/22/78.]

(1) ((A completed application and applicable fee are submitted to the secretary; and

(2))) The applicant possesses a certificate from a state or province having substantially equivalent standards as determined by the ((secretary after consultation with the board)) department; and

(2) A completed application, application fee and a copy of the valid state or province certificate are submitted to the department.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-075, filed 1/20/94, effective 2/20/94.]

(a) The public water system submits:

(i) A letter requesting ((a)) temporary ((certificate)) certification for the operator; and

(ii) The applicable fee.

(b) The operator completes and submits a certification application; and

(c) The operator meets or will meet the minimum education and operating experience requirements of the mandatory classification for the vacated position, prior to the expiration date of the temporary ((certificate)) certification.

(2) Only one temporary ((certificate)) certification may be issued in each instance of ((vacation of)) any position vacancy.

(3) The temporary ((certificate)) certification shall be valid for up to twelve months.

(4) The temporary ((certificate)) certification shall be specific to the designated system and is not transferrable to any other system or operator.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-090, filed 9/22/78.]

(2) The department will allow one existing operator in responsible charge of a public water system to be grandparented for the minimum classification of the water system, if the water system:

(a) Is a Group A system serving less than 100 services that has not been identified as a SNC and is not a GWI or surface water source system.

(b) Is not in violation of any bilateral compliance agreement, or state or federal order; and

(c) Has not had a notice of imposition of penalty issued in the last five years under current ownership.

(3) The owner shall apply for the grandparent certification by completing a department application identifying the operator to be grandparented. The operator identified by the owner must have been in responsible charge of the water system prior to the effective date of this section. Subsequent operators are not eligible for grandparenting.

(4) The operator identified by the owner shall complete and submit an application and application fee in accordance with WAC 246-292-160, Table 2.

(5) No operator may be grandparented for more than two water systems:

(6) A grandparent operator certification is site specific and nontransferrable.

(7) A grandparented operator shall meet all certification renewal requirements under the provisions of WAC 246-292-090; and must complete the first professional growth reporting period by December 31, 2003.

(8) A grandparented operator failing to renew their certification under provisions of WAC 246-292-090 may reapply for certification and shall meet the requirements for a new applicant.

(9) If plant or distribution system classification changes to a higher level, grandparent certification is no longer valid; and the owner and operator shall comply with chapter 246-292 WAC.

[]

(2) The ((secretary)) department shall renew the operator certificate upon payment of the renewal fee and demonstration of professional growth in accordance with subsections (3)((,)) and (4)((, and (5))) of this section. The applicant shall provide evidence of professional growth acceptable to the department within the designated professional growth reporting period((. A department guideline titled "Water Works Certification Program Guideline" is available to assist the applicant)) as described in the guideline.

(3) To demonstrate professional growth, a holder of WDM, WTPO, WDS, BTO or CCS certification shall accomplish one of the following activities during each professional growth reporting period:

(a) Accumulate a minimum of three CEU((s)), or college credits relevant to the operation, maintenance, or management of a water system, and which has an influence on water quality, public health or environmental protection;

(b) Advance by examination in the Washington water works operator certification program within the ((same)) classifications WDM and WTPO to a level 2, 3, or 4; or

(c) Achieve certification by examination in a different classification as shown below:

(i) WDM to WTPO, BTO or CCS;

(ii) WTPO to WDM, or CCS;

(iii) WDS to WDM ((or)), WTPO, BTO or CCS; ((or))

(iv) BTO to WDM, WTPO, WDS or CCS; or

(v) CCS to WDM, WTPO, BTO, or WDS.

(4) To demonstrate professional growth, a holder of a BAT certification shall satisfactorily complete the ((board's)) department's backflow assembly tester ((practical and written)) professional growth examination during each professional growth reporting period.

(5) ((To demonstrate professional growth, a holder of a BTO certification shall satisfactorily complete the board's basic treatment operator refresher practical and written examinations during each professional growth reporting period.

(6))) The ((secretary)) department shall notify an operator failing to renew the operator certificate by December 31st, that the certificate is temporarily valid for two months beginning January 1st.

(((7))) (6) A certificate not renewed during the two month period ((shall become)) is invalid. The ((secretary)) department shall notify the holder of an invalid certificate with ((a written)) notice in writing.

(((8))) (7) An operator failing to renew their certification under provisions of this section may reapply for certification and shall meet the requirements for a new applicant.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-090, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-090, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 201, Laws of 1982. 82-13-009 (Order 1823), 248-55-110, filed 6/4/82. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-110, filed 9/22/78.]

(a) Obtains a certificate by fraud or deceit;

(b) Demonstrates gross negligence in the operation of a purification plant or a distribution system; or

(c) Intentionally violates the requirements of this chapter or any department rules or orders.

(2) The ((secretary)) department shall provide written notice of violation and reasonable opportunity for correction prior to taking action on revocation or suspension of a certificate.

(3) ((No action to revoke a certificate shall be initiated by)) The ((secretary unless and)) department shall not initiate action to revoke a certificate until the ((board)) department has conducted a hearing to consider the appropriateness of revocation ((and the board has recommended revocation to the secretary)).

(4) A revocation or suspension action brought under this section shall be conducted in accordance with RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.

(5) A person whose certificate is revoked is not eligible to apply for certification for one year from the effective date of the final order of revocation.

(6) A person whose certificate was revoked and who desires to reapply for a certificate shall apply as a new operator in accordance with WAC 246-292-070.

(7) An operator whose certificate is suspended shall continue to meet all renewal requirements in accordance with WAC 246-292-090 in order to maintain certification.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-100, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-100, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-120, filed 9/22/78.]

(1) Issuance of informal letters instructing or requiring appropriate corrective measures;

(2) Issuance of a compliance schedule;

(3) Issuance of a departmental order;

(4) Issuance of civil penalties for up to five thousand dollars per day per violation;

(5) Prosecution as a criminal misdemeanor with fines up to one hundred dollars per offense; ((and))

(6) Revocation or suspension of a license; and

(7) Other legal action by the attorney general or local prosecutor.

[Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-110, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-292-110, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), 248-55-130, filed 9/22/78.]

(a) Applicable fees ((shall be as indicated)) are listed in Table 2 of this section;

Table 2

WATER WORKS OPERATOR FEES

OPERATOR CLASSIFICATION	APPLICATION FEE	REAPPLICATION FEE	ANNUAL RENEWAL FEE	LATE FEE
WTPO	$55.00	$27.00	$27.00*	$27.00*
WDM	$55.00	$27.00	$27.00*	$27.00*
WDS	$55.00	$27.00	$27.00*	$27.00*
CCS	$33.00	$27.00	$27.00*	$27.00*
BAT	$33.00	$27.00	$27.00	$27.00
BTO	$33.00	$27.00	$27.00	$27.00

*	The annual renewal fee and late fee for a WTPO, WDM, WDS and CCS certification shall be twenty-seven dollars regardless of the number of classifications held.

(b) A late fee shall be assessed to operators failing to submit the required fee within the time period specified on the renewal form; and

(c) The fee for application for reciprocity ((shall be)) is one hundred eleven dollars per classification.

(2) Group A system fees:

(a) Applicable fees ((shall be)) are listed as indicated in

Table 3 of this section.

Table 3

ANNUAL SYSTEM CERTIFICATION FEES

SYSTEM SIZE* (Number of Equivalent Services)	SYSTEM FEE
Less than 601 Services	$	83.00
601 through 6,000 Services	$	251.00
6,001 through 20,000 Services	$	335.00
More than 20,000 Services	$	503.00

*	Systems designated by the department as approved satellite management agencies (SMAs) shall pay a fee based on total services in all systems owned by the SMA.

(b) Group A system fees shall be paid in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.

(c) A late fee shall be assessed against any system ((not submitting)) for failing to submit the applicable fee to the department within the designated time period. The late fee shall be based on the water system's classification and shall be an additional ten percent of the applicable system fee or twenty-seven dollars, whichever is greater.

(d) The system fee for issuance of a temporary ((certificate)) certification shall be fifty-five dollars for each temporary position.

(3) Fees ((shall be)) are nonrefundable and transfers of fees ((shall not be allowed)) are not allowable.

(4) Payment of fees required under this chapter shall be in the form of a check or money order made payable to the department of health and shall be mailed to Department of Health, P.O. Box 1099, Olympia, Washington 98507-1099, or such successor organization or address as designated by the department.

[Statutory Authority: RCW 43.70.250. 00-02-015, 246-292-160, filed 12/27/99, effective 1/27/00; 99-12-022, 246-292-160, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020. 98-12-015, 246-292-160, filed 5/22/98, effective 6/22/98. Statutory Authority: Chapter 70.119 RCW. 94-04-004, 246-292-160, filed 1/20/94, effective 2/20/94.]

     The following section of the Washington Administrative Code is repealed:

WAC 246-292-170

Severability.

Washington State Code Reviser's Office