BP BHEAD INT S [atlas:bill]

AN ACT Relating to domestic waste treatment plants and plant operators; and amending RCW 70.95B.080, 70.95B.090, 70.95B.095, 70.95B.100, 70.95B.130, and 70.95B.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.95B.080 and 1987 c 357 s 5 are each amended to read as follows:

Certificates shall be issued without examination under the following conditions:

(((1) Certificates, in appropriate classifications, shall be issued without application fee to operators who, on July 1, 1973, hold certificates of competency attained by examination under the voluntary certification program sponsored jointly by the state department of social and health services, health services division, and the Pacific Northwest pollution control association.

(2) Certificates, in appropriate classifications, shall be issued to persons certified by a governing body or owner to have been the operator in responsible charge of a waste treatment plant on July 1, 1973. A certificate so issued will be valid only for the existing plant.

~~(3)~~)) A nonrenewable certificate, temporary in nature, may be issued for a period not to exceed twelve months, to an operator who fills a vacated position required to be filled by a certified operator. Only one such certificate may be issued subsequent to each instance of vacation of any such position. An operator issued a temporary certificate must meet the conditions as established by rule.

Sec. 2. RCW 70.95B.090 and 1987 c 357 s 6 are each amended to read as follows:

The issuance and renewal of a certificate shall be subject to the following conditions:

(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the requirements of RCW ((~~70.95B.080~~)) 70.95B.130, and has met the requirements specified in the rules and regulations as authorized by this chapter, and has paid the department ((~~an application fee. Such application fee shall not exceed fifty dollars~~)) the appropriate certification fees.

(2) The term for all certificates shall be from the first of January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed three years, shall be set by agency rule. Every certificate shall be renewed upon the payment of a renewal fee and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field. ((~~Such renewal fee shall not exceed thirty dollars.~~

(3) Individuals who fail to renew their certificates before December 31 of the renewal year, upon notice by the director shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the director shall give notice of revocation to the employer and to the operator and the certificate will be revoked ten days after such notice is given. An operator whose certificate has been revoked must reapply for certification and will be requested to meet the requirements of a new applicant.))

(3) The director shall notify individuals who fail to renew their certificates by December 31st that their certificates are temporarily valid for two months. Certificates not renewed during the two-month period, which ends the last day of February, are invalid, and the director shall notify the holder of those certificates and the owners of the wastewater treatment plants last known to employ those individuals. An operator whose certificate is invalid and who wishes to become certified must reapply for certification and must meet the requirements of a new applicant.

Sec. 3. RCW 70.95B.095 and 1987 c 357 s 9 are each amended to read as follows:

((~~Effective January 1, 1988~~)) To support the wastewater operator certification program, the department shall establish rules for the collection of fees ((~~for the issuance and renewal of certificates as provided for in RCW 70.95B.090. Beginning January 1, 1992, these fees shall be sufficient to recover the costs of the certification program.~~)) through a schedule of fees for wastewater treatment plant operators and a separate schedule of certification program fees for wastewater treatment plants. Fees shall be established in amounts to recover expenses incurred by the department in administering the wastewater operator certification program. The annual certification fee paid by a wastewater treatment plant shall be determined by the number of residences or residential equivalents contributing to the wastewater treatment system. For the purposes of this section, "residential equivalent" means a single-family residence or a unit of sewer service that yields an amount of gross revenue equal to the average annual user charge for a single-family residence. If the treatment plant owner agency does not maintain data on any combination of gross revenue, user charges, or the number of single-family residences being served, "residential equivalent" means an average influent flow rate of two hundred fifty gallons per day. If residences or residential equivalents cannot be determined or reasonably estimated, fees shall be based upon other appropriate criteria. The wastewater treatment plant certification fee shall be calculated as six and sixty-five one-thousandths of a cent per year per residential equivalent, except that no wastewater treatment plant annual certification program fee shall be less than the annual renewal fee for certified operators. Before the adoption of rules under chapter . . ., Laws of 1999 (this act), the department shall continue to collect fees for the issuance and renewal of certificates under the fee schedule existing at the time of enactment of chapter . . ., Laws of 1999 (this act).

Sec. 4. RCW 70.95B.100 and 1995 c 269 s 2903 are each amended to read as follows:

The director may, after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for gross negligence in the operation of a waste treatment plant, or for violating the requirements of this chapter or any lawful rule, order or regulation of the department. No person whose certificate is revoked under provisions of this section shall be eligible to apply for a certificate for a minimum of one year from the effective date of this final order or revocation.

Sec. 5. RCW 70.95B.130 and 1973 c 139 s 13 are each amended to read as follows:

((~~On or after July 1, 1973,~~)) Current and valid certification of wastewater treatment plant operators by any state which, as determined by the director, accepts certifications made or certification requirements deemed satisfied pursuant to the provisions of this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient evidence of wastewater treatment plant operating competence within the purview of this chapter, if in the judgment of the director the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations promulgated hereunder. Such operators may be granted wastewater treatment plant operator certificates in an appropriate grade upon receipt of a completed application accompanied by payment of appropriate fees.

In making determinations pursuant to this section, the director ((~~shall consult with the board and~~)) may consider any generally applicable criteria and guidelines developed by the nationally recognized association of certification authorities.

Sec. 6. RCW 70.95B.150 and 1973 c 139 s 15 are each amended to read as follows:

The wastewater operator certification account is created in the general fund of the state treasury. All ((~~receipts realized in the administration of this chapter~~)) fees paid in accordance with this chapter, and any other receipts, shall be ((~~paid~~)) deposited into the ((~~general fund~~)) account. Moneys in the account may be spent only after appropriation. The department shall use moneys from the account to carry out the purposes of the wastewater operator certification program.