DAR File No. 29296

Environmental Quality, Water Quality

R317-11

Certification Required to Design, Inspect and Maintain Underground Wastewater Disposal Systems, or Conduct Percolation and Soil Tests for Underground Wastewater Disposal Systems

NOTICE OF PROPOSED RULE

DAR File No.: 29296
Filed: 11/30/2006, 05:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments are being made to clarify the guidelines and procedures used by staff of the Division of Water Quality as they implement the legislation of Section 19-5-121.

Summary of the rule or change:

The changes are: 1) correct several grammatical and typographic errors; 2) clarify the levels of certification - Level 1 is lowest, Level 3 is highest and that all higher levels require current certification at all lower levels; 3) clarify required attendance at training courses and passing the appropriate exam for each level of certification; 4) add language to more appropriately incorporate the requirements of the statute requiring recognition to be given to certain licensed professionals (environmental health scientists, professional engineers, and individual licensed contractors) by allowing them to waive attendance at certain certification classes and elect to take the corresponding test(s) in order to obtain certification. (No more "qualified by rule".); 5) for initial certification, applicant must take required course(s), except as described above, pass the corresponding exam(s), and submit application form with appropriate fee to the Executive Secretary; 6) the expiration date of initial certificates will be determined using the date the exam is passed. All certificates will expire on December 31 of the appropriate year; 7) certificates are issued for up to five years for Levels 1 and 2, or up to two years for Level 3; 8) clarify that renewal is dependent upon continuous certification; 9) clarify time frame when refresher courses must be completed; and 10) add the option of annulment and other possible disciplinary actions with their processes.

State statutory or constitutional authorization for this rule:

Sections 19-5-104 and 19-5-121

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The proposed amendments will be implemented using existing resources.

local governments:

In general, the proposed amendments are editorial in nature or made to provide clarifying language. No cost or savings no local government are anticipated.

other persons:

No significant costs to other persons. In general, the proposed amendments are editorial in nature or made to provide clarifying language. Some minimal additional cost (less than $50 for all three exams) would be incurred since all individuals desiring new certification would be required to pass the respective exam(s) with the elimination of the "qualified by rule" option.

Compliance costs for affected persons:

The requirement to test in order to become certified will have a small increased cost, depending on how many levels of certification are desired. However, this should help to raise the knowledge base of all certified individuals to a minimum level so that recertification will be a much more uniform process. Recertification costs will remain the same.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments are largely editorial in nature or are made to provide clarifying language. No significant fiscal impacts to businesses are anticipated. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/15/2007

This rule may become effective on:

01/22/2007

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-11. Certification Required to Design, Inspect and Maintain Underground Wastewater Disposal Systems, or Conduct Percolation and Soil Tests for Underground Wastewater Disposal Systems.

R317-11-1. Scope.

These certification rules apply to any person who designs, inspects, or maintains underground wastewater disposal systems, or who conducts percolation tests or soil evaluations for underground wastewater disposal systems. [A certification]Certification is required by any person who performs these activities as provided below.

 

R317-11-3. Classes of Certification.

3.1 There are three classes of onsite professional certification, Level 1 being the lowest and Level 3 being the highest:

A. Level 1, soil evaluation[s] and percolation testing;

B. Level 2, design, inspection and maintenance of conventional underground wastewater disposal systems; and

C. Level 3, design, inspection and maintenance of alternative underground wastewater disposal systems.

3.2. Certification at any level also requires current certification for all lower levels.

 

R317-11-4. Individuals Not Required to Obtain Certification.

4.1. An individual is not required to obtain certification to maintain an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual or a member of the individual's family and in which the individual or a member of the [individuals]individual's family resides or an employee of the individual resides without payment of rent.

4.2. An uncertified individual may conduct percolation or soil tests for an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual and in which the individual resides or intends to reside, or which is intended for use by an employee of the individual without payment of rent, if the individual:

A. Has the capability of properly conducting the tests, as determined by the local health department and

B. Is supervised by a certified individual when conducting the tests.

4.3. A person involved in the pumping of an underground wastewater disposal system does not have to be certified under this rule, although licensing by the local health department is required under R317-550.

4.4. Licensed plumbers and electricians, when maintaining electrical equipment or wastewater drainage lines leading to the underground wastewater disposal systems are not required to be certified under this rule.

4.5. Uncertified employees, subordinates or associates of a certified individual are not required to be certified under this rule when working on activities related to underground wastewater disposal systems under the supervision of a certified individual. Supervision means that a certified individual is personally responsible for the work, and reviews, corrects and approves work done by an uncertified employee, subordinate or associate. Such work must be signed by a certified individual.

 

R317-11-5. Qualifications for Certification.

5.1. Soil Evaluation and Percolation Testing. In order to [be certified]qualify for initial Level 1 certification, a person must:

A. Attend a training course provided by the Training Center specifically for the purpose[s] of certification[;] at Level 1, and

B. [Successfully pass]Demonstrate knowledge of course subject matter by successfully passing an examination to be given at the conclusion of the Level 1 training course.

5.2. Design, Inspection and Maintenance of Conventional Systems. In order to [be certified]qualify for initial Level 2 certification, a person must:

A. Attend a training course provided by the Training Center specifically for the purpose[s] of certification[;] at Level 2,

B. [Successfully pass]Demonstrate knowledge of course subject matter by successfully passing an examination to be given at the conclusion of the Level 2 training course[.], and

C. Be certified for soil evaluation and percolation testing at Level 1.

5.3. Design, Inspection and Maintenance of Alternative Systems. In order to [be certified]qualify for initial Level 3 certification, a person must:

A. Attend a training course[s for both conventional and alternative systems,] provided by the Training Center specifically for the purpose[s] of certification[.] at Level 3,

B. [Successfully pass]Demonstrate knowledge of course subject matter by successfully passing an examination to be given at the conclusion of the Level 3 training course[.], and

C. Be certified for soil evaluation and percolation testing at Level 1, and certified for design, inspection and maintenance of conventional systems at Level 2.

5.4. An environmental health scientist licensed under Title 58, Chapter 20a, Environmental Health Scientist Act, [who has at least one year of experience in soils evaluation and percolation testing, and/or ]may waive attendance at the [design, inspection]respective training course and [maintenance of underground wastewater disposal systems, is qualified by rule and is not required]elect to be tested as required in this section to obtain [the training or be tested as required in this section. Evidence of experience appropriate to the class of certification must be provided to the Executive Secretary. After July 1, 2003, the required experience must be under the supervision of a person certified under this program]certification for Level 1, 2, or 3. In order to qualify for waiver of training, the Environmental Health Scientist must provide to the Executive Secretary evidence of current licensure in Utah and 2 years experience appropriate to the class of certification requested.

5.5. A professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, [who has received education or experience related to soils evaluation]may waive attendance at the respective training course and [percolation testing, and/or the design, inspection and maintenance of wastewater disposal systems, is qualified by rule and is not required]elect to be tested as required in this section to obtain [the training or be tested as required in this section. Evidence of education appropriate to the class of certification must be provided to the Executive Secretary]certification for Level 1, 2, or 3. In order to qualify for waiver of training the professional engineer must provide to the Executive Secretary evidence of current Utah licensure.

5.6. [A licensed contractor, who has five or more years of experience installing underground wastewater disposal systems, including performing soils evaluations and percolation tests, and/or the design, inspection and maintenance of underground wastewater disposal systems, is qualified by rule and is not required to obtain the training or be tested as required in this section. Evidence of experience appropriate to the class of certification must be provided to the Executive Secretary]A person who is a licensed contractor in Utah, may waive attendance at the respective training course and elect to be tested as required in this section to obtain certification for Level 1 or 2. In order to qualify for waiver of training the licenced contractor must provide evidence of at least five years of experience in constructing onsite systems.

5.7. Evidence of current licensure and experience appropriate to the class of certification must be provided to the Executive Secretary prior to eligibility to test.

 

R317-11-6. Application for Certification.

6.1. In order to [be]become certified [by training and examination]at any level, a person must[ register for a]:

A. Complete the relevant training course(s) with the Training Center[. Upon successful completion of the training] (See R317-11-5.4 - 5.6 above for alternate requirements for licensed environmental health scientists, engineers, and [testing, the person must submit]contractors);

B. Pass the corresponding test(s); and

C. Submit an application to the Executive Secretary on forms [provided by the Division, along with payment of applicable fees.

6.2. In order to be certified when qualified by rule, a person must submit an application to the Executive Secretary, on forms provided]approved by the Division, along with payment of applicable fees.

 

R317-11-7. Training and Examinations.

Training will be provided by the Training Center. Examinations will be given at the conclusion of each training session. Training will be provided at least twice per year, but may be given more often [depending on the need. Persons who have received training from the USU Training Center since January 1, 1999, will not be required to repeat such training. However, they still must take and pass the examination ]at the [times and places designated by]discretion of the Training Center.

 

R317-11-8. Certificates.

8.1. [For those required to be trained and tested in order to be certified, certificates]Certificates will be issued by the Executive Secretary upon [receiving]receipt of the completed application[ including], required fees, and evidence that the [person has received the required training and successfully passed the examination]requirements of R317-11-5 above have been met.

8.2. [For those who are qualified by rule based on licensing, education, and/or experience, a certificate will be issued by the Executive Secretary upon receipt of the application and evidence that the requirements of R317-11-5 above have been met.]Date of issuance of an initial certificate will be determined by the date the exam is passed.

8.3. Certificates will expire on December 31 of the appropriate calendar year, in accordance with R317-11-9.

 

R317-11-9. Renewal of Certification.

9.1. For those certified at Level 1 for soil[s] evaluation and percolation testing, or Level 2 for design, inspection and maintenance of conventional underground wastewater disposal systems, certification will be valid for a period of up to five years from the date of issuance of a certificate under R317-11-8 above. For those certified at Level 3 for design, inspection and maintenance of alternative underground wastewater disposal systems, certification will be valid for a period of up to two years from the date of issuance of a certificate under R317-11-8 above. Certificate renewal [will be]is required for all levels of [those certified based on training/testing and those certified based on licensing, education and/or experience.]certification.

9.2. Eligibility for renewal of certificates is based on continuous certification.

9.3. Renewal of a certificate may be obtained by:

A. Making application to the Executive Secretary along with payment of applicable fees[, and];

B. Showing evidence of successfully completing [a ]the refresher course(s) as provided by the Training Center, or other training approved by the Executive Secretary[.], within twelve months prior to certificate expiration; and

C. Maintaining all lower level certifications.

 

R317-11-10. Suspension[ or], Revocation, or Annulment of Certification.

10.1. Grounds for suspending[ or], revoking, or annulling a person's certificate may be, but are not limited to, any of the following:

A. Demonstrated disregard for the public health and safety;

B. Misrepresentation or falsification of information or reports submitted to the Division;

C. Cheating on a certification exam;

D. Falsely obtaining or altering a certificate; or

E. Incompetence, misconduct or gross negligence in the performance of work done pursuant to the certification.

[11]10.2. [Suspension or ]Disciplinary action such as suspension, revocation, or annulment of certificate by the Executive Secretary may result where it is shown that the circumstances and events relative to the work done pursuant to the certification were under the individual's jurisdiction and control. Circumstances beyond the control of [an ]the individual shall not be grounds for [a suspension or revocation]disciplinary action.

10.3. Any certificate not issued through due process of this rule will be annulled.

10.4. Recommendations may be made to the Executive Secretary regarding the suspension, revocation, or annulment of a certificate. Prior to making any such recommendation, the individual shall be informed in writing of the reasons for such a recommendation. The individual shall be allowed an opportunity for an informal hearing before a review committee appointed by the Executive Secretary. Any request for an informal hearing shall be made within 30 days of the date the notification is mailed.

10.5. Following an informal hearing, or the expiration of the period for requesting a hearing, the Executive Secretary shall be notified of the final recommendation.

10.6. A challenge to the Executive Secretary's determination may be made as provided in R317-9-3.

 

R317-11-11. Certification Requirements and Effective Dates.

After January 1, 2002, no person shall design, inspect, maintain, or conduct percolation or soil tests for an underground wastewater disposal system [without first obtaining]unless they hold current certification from the Executive Secretary, except as exempted in R317-11-4.[ However, if a person has submitted an application to be certified, or has registered for training at the Training Center, prior to January 1, 2002, they are considered to be temporarily certified for purposes of this rule, and subject to R317-4 and any local health department requirements, until their application is acted upon or July 1, 2002, whichever is earlier. If a person has submitted an application to be certified, or has registered for training at the Training Center, after January 1, 2002, but before July 1, 2002, they are also considered to be temporarily certified for purposes of this rule, and subject to R317-4 and any local health department requirements, but only from the date of training registration or submittal of the application for certification until their application is acted upon or July 1, 2002, whichever is earlier. In no event shall any person be considered to be certified after July 1, 2002, unless they have successfully completed training and testing, if required, and received a certification from the Executive Secretary.]

 

R317-11-12. Noncompliance.

12.1. Noncompliance with these Certification rules is a violation of Section 19-5-121 Utah Code Annotated.

12.2. Cases of noncompliance with this rule shall be referred to the Executive Secretary.

 

KEY: waste water, occupational licensing

Date of Enactment or Last Substantive Amendment: [January 30, 2003]2007

Notice of Continuation: June 29, 2006

Authorizing, and Implemented or Interpreted Law: 19-5-104