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118.01.3-3.601. Administration

AR ADC 118.01.3-3.601Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 3. Licensing of Wastewater Treatment Plant Operators
Chapter 6. Administration
Effective: December 25, 2021
Ark. Admin. Code 118.01.3-3.601
Formerly cited as AR ADC 014.04.3-6
118.01.3-3.601. Administration
Currentness
The wastewater licensing program shall be administered by the Executive Secretary of the Committee.
(A) Initial Licensing and Examination:
(1) Any person desiring to take a license examination for which that person is eligible must file an examination application with the Executive Secretary of the Committee at the Division of Environmental Quality (DEQ).
(2) A combined examination and licensing fee of $40.00 must accompany the examination application. All fees must be paid and an application approved no less than five (5) business days prior to the test date. If an applicant has not taken the examination within sixty (60) days of the requested test date, the $40.00 fee is not refunded. If an examination must be repeated, an additional $20.00 examination fee shall be required.
(3) An application may be denied if the operator has falsified any information required in the exam application.
(4) A score of seventy percent (70%) or greater will be considered a passing score. Licenses will be awarded to those who obtain a passing score.
(a) Applicants who pass the examination, provided that all other licensing and examination requirements (education, experience, etc.) are met may proceed to the next level of licensing examination without a waiting period.
(b) Applicants who fail to pass the examination may repeat the examination after a three (3) month waiting period.
(5) Examination Score Appeals
(a) To appeal an examination score an operator shall notify the Executive Secretary of the Committee in writing of intent to appeal within thirty (30) days after notification of the examination score.
(b) The appellant will be notified in writing within fifteen (15) working days of the date and time the examination may be reviewed with the Executive Secretary at the DEQ licensing office.
(c) If, after the review, the operator's appeal is unsatisfied, the appeal may be referred to the Committee at the next scheduled meeting.
(B) License Renewal:
(1) Renewal period -- Licenses are valid for two (2) years (July 1 -- June 30), with the renewal period beginning on July 1.
(2) Renewal Requirements -- Licenses may be renewed without examination provided that the training requirements, as set forth in Rule3.403 (A) (1), are met. An operator with a revoked license will require the approval of the Licensing Committee before any action can be taken.
(3) An operator whose license(s) is/are in suspension will not be sent a renewal while in suspension. The operator is responsible for requesting a renewal form at the end of the suspension. All training hours, renewal fees, and late fees will apply to the license(s) at that time.
(4) Fees- A license renewal fee of $40.00 must accompany a renewal request to be submitted to the Executive Secretary. A $10.00 late fee shall be assessed to renewals paid after the due date.
(C) Implementation of Act 544 of 2007 -- In order to implement Act 544 of 2007 and to be synchronized with the Arkansas Drinking Water Operator Licensing program, the following schedule applies with the prorated renewal fees and training requirements:
(a) The next renewal period is January 1, 2008 through June 30, 2009. The renewal fee for this eighteen (18) month period will be $30.00 per license, and a minimum of 18 hours of approved wastewater training, at least 9 direct.
(b) The biennial renewal period will begin July 1, 2009 and training requirements are as listed above in Rule 3.403.
(D) Lapsed License -- Any operator in good standing, who allows their license to expire for over one (1) year will be required to take a new examination before license consideration. The class at which the operator shall be re-examined will be at the discretion of the Committee. Any other operators with lapsed licenses due to revocation or suspension will be required to take a new examination, if approved by the License Committee, for license reinstatement.
(E) Apprentice License -- An application for licensure must be submitted to the Executive Secretary with a fee of $10.00 for an apprentice license.
(F) License Reciprocity -- Operators who hold a wastewater license in another state may be granted an Arkansas license based on their current credentials.
Reciprocity may be considered by the Committee on a case-by-case basis. The following minimum requirements must be met before consideration:
(1) The operator must have sufficient training and experience to qualify for the requested class in accordance with this Rule.
(2) The operator must have taken and passed a written examination for the equivalency that was administered by the authority for which reciprocity is requested.
(3) The operator must be currently licensed by a certification authority that recognizes the State of Arkansas wastewater licensing program.
(4) A written request for reciprocity with an accompanying $40.00 research fee must be submitted to the Executive Secretary.
Approved reciprocity licenses may be maintained by renewal as per this Rule.
(G) Revocation or Suspension of License:
(1) The director of the Division of Environmental Quality, upon recommendation from the Licensing Committee, may revoke or suspend the license of an operator should the committee find that the operator:
(a) committed fraud in the application for a license or in the performance related to duties under a license;
(b) failed to exercise reasonable care, judgment or application of knowledge in the performance of the duties and responsibilities;
(c) is incompetent, unable or unwilling to perform the required duties;
(d) intentionally caused a violation of the licensing requirements or related law;
(e) falsification of state, local or federal water quality related permits or records; or
(f) creating a clear potential threat to public health, safety and /or the environment.
The time and conditions of suspension shall be at the discretion of the Director.
(2) If the Director determines that a license should be revoked or suspended, a Notice of Revocation or Suspension shall be filed with the Commission and served upon the operator. Service shall be notified by certified mail, with restricted delivery, of a Notice of Suspension or Revocation. A copy of same shall also be sent to the owner of the facility which employs the operator unless the facility is owned by the operator. The operator shall have the right to appeal the Notice and request a hearing. Procedures for the filing and conducting of an appeal shall be governed by Pollution Control & Ecology Commission Rule Number 8.

Credits

Adopted Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.3-3.601, AR ADC 118.01.3-3.601
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