Section 3719.12 - Grounds for Disciplinary ActionThe State Water Board may refuse to grant, or may suspend or revoke, a registration for good cause, including any of the following reasons:
(a) willfully or negligently violating, causing, or allowing a violation of this chapter;(b) without regard to intent or negligence, allowing the operation of a wastewater treatment plant by a person who is not certified at a grade level necessary for the position or whose certificate has expired;(c) except as provided in (1) or (2) below, operating a wastewater treatment plant without a valid, unexpired registration;(1) It has been no more than 30 days after the contract operator entered a contract to operate a wastewater treatment plant; or(2) The contract operator submitted an application for contract operator registration to the Office of Operator Certification within 30 days of entering into a contract to operate a wastewater treatment plant and the Office of Operator Certification has not yet taken action on that application.(d) except as provided in (1) or (2) below, operating a wastewater treatment plant without a valid, unexpired contract operator credential; (1) It has been no more than 30 days after the contract operator entered a contract to operate the wastewater treatment plant; or(2) The contract operator submitted an application for contract operator registration or an application for an additional contract operator credential to the Office of Operator Certification within 30 days of entering into a contract to operate the wastewater treatment plant and the Office of Operator Certification has not yet taken action on that application.(e) submitting false or misleading information on any document provided to State Water Board staff including applications for registration or registration renewal, or providing false or misleading information to State Water Board staff during an investigation of a possible violation of this chapter;(f) using fraud or deception in the course of contracting to operate a wastewater treatment plant including submitting false or misleading documents to the owner of any wastewater treatment plant under contract;(g) failing to use reasonable care or good judgment while operating a wastewater treatment plant;(h) willfully or negligently causing or allowing a violation of waste discharge requirements;(i) failing to notify, as required by section 3719.10(b), the Office of Operator Certification within 30 days of the date that a certifying body or court, for any act associated with performing duties at a facility that treats wastewater in a state other than California, in a territory, or on land under the jurisdiction of an Indian tribe, provided the duties are comparable to the duties of an operator or contract operator at a wastewater treatment plant, takes one of the following final actions: discipline by a certifying body; imposition of administrative civil liability; or imposition of civil or criminal liability;(j) without regard to intent or negligence, allowing the operation of a wastewater treatment plant by a person who has not posted an operator or operator-in-training certificate as required by section 3703 or failing to post the contract operator credential as required by section 3719.9; or(k) committing any act associated with performing duties at a facility that treats wastewater in a state other than California, in a territory, or on land under the jurisdiction of an Indian tribe, provided the duties are comparable to the duties of an operator or contract operator at a wastewater treatment plant and the act would be good cause for a disciplinary action pursuant to this chapter if associated with performing duties at a wastewater treatment plant.Cal. Code Regs. Tit. 23, § 3719.12
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Renumbering of former section 3719.12 to section 3719.3 and renumbering of former section 3719.17 to section 3719.12, including amendment of section heading, section and NOTE, filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5). Note: Authority cited: Sections 1058 and 13627.3, Water Code. Reference: Section 13627.3, Water Code.
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Renumbering of former section 3719.12 to section 3719.3 and renumbering of former section 3719.17 to section 3719.12, including amendment of section heading, section and Note, filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).