Section 22a-416-5 - Application and certification procedures(a)Applications(1) An application shall be made on a form furnished by the commissioner. Unless a completed application is received by the commissioner no later than 45 days before the date of a scheduled examination, the applicant shall not take that examination.(2) Unless by no later than 45 days before a scheduled examination the applicant has satisfied either (A) the minimum experience and education requirements for the operator certification sought, or (B) the minimum requirements for operator-in-training status for such classification under subparagraph (c)(5)(A) of section 22a-416-4 of the Regulations of Connecticut State Agencies, he or she shall not take that examination.(3) Unless on the date he or she submits the application the applicant is actually employed as an operator at a Connecticut wastewater treatment facility or meets the minimum requirements for operator-in-training status under subparagraph (c)(5)(A) of section 22a-416-4 of the Regulations of Connecticut State Agencies, he or she shall not take an examination for any class of certification; provided, if the applicant is not so employed at a Connecticut wastewater treatment facility at such time, the commissioner may allow him or her to take the next scheduled examination for operator certification if the owner of a Connecticut wastewater treatment facility (A) intends to hire such applicant as an operator when he or she succeeds in obtaining such certification, and (B) notifies the commissioner in writing of such intent no later than 45 days before such examination.(4) Each application shall be accompanied by an application fee of $95. Any application submitted without such fee shall be considered incomplete and shall not be processed until such fee has been paid in full. Such fee shall be paid by certified bank check, money order or personal check made payable to the "Department of Environmental Protection". The check or money order shall state on its face "Wastewater Operator Certification Examination".(5) The application fee is non-refundable, provided, if an applicant pays such fee but fails to take the next scheduled examination, the commissioner will apply such fee toward a future application which such applicant may file.(b)Examinations(1) The commissioner shall, for each class of operator certification, hold at least one examination per year at a place and time prescribed by the commissioner.(2) At least 90 days before a scheduled examination, the commissioner will provide notice thereof to each wastewater treatment facility in Connecticut.(3) At least 30 days before a scheduled examination, the commissioner shall notify each applicant whether he or she meets the minimum requirements in section 22a-416-4 of the Regulations of Connecticut State Agencies for the operator certification sought and is therefore eligible to take such examination.(4) No applicant shall be allowed to take an examination without first showing to the examination proctor a valid photographic identification and the notice of eligibility provided under subsection (3) of this section.(5) An applicant shall not have any programmable calculator or any written documents or papers during the examination. At the end of the examination, the applicant shall return to the examination proctor all examination documents.(6) The commissioner shall notify each applicant of his or her results on such examination but shall not return the examination answer sheets or questions to the applicant. At an applicant's request and upon payment of the regrading fee required by the applicable testing service, the commissioner shall submit the applicant's answer sheet to such testing service for regrading. Under no circumstances shall the commissioner allow the applicant to review examination questions before or after the examination.(7) The examination proctor may immediately expel an applicant from the examination room for misconduct. The results of an examination taken by an applicant expelled for misconduct shall be voided. Expulsion for misconduct shall disqualify the applicant from taking an examination for one year from the date of such expulsion.(c)Issuance of Certificates(1) Upon fulfillment by an applicant of the requirements of section 22a-416-4 of the Regulations of Connecticut State Agencies and this section, the commissioner shall issue a certificate of the appropriate class to him or her.(2) A certificate shall be active until it is: (A) revoked under subsection (d) of this section;(B) replaced by a certificate of a higher class; or(C) inactivated under subdivision (c)(3) of this section.(3) The certificate of an operator who ceases to be employed in the field of wastewater treatment shall become inactive two years after the date his or her last such employment terminated.(4) An operator whose certificate has become inactive pursuant to subdivision (c)(3) of this section may apply for reissuance of a certificate. Upon fulfillment by such operator of the requirements of section 22a-416-4 of the Regulations of Conecticut State Agencies and this section, the commissioner shall reissue a certificate to such operator.(5) An individual who: (A) is not employed as an operator in Connecticut;(B) holds a current foreign certificate; and(C) wishes to accept employment as an operator in Connecticut may obtain a certificate upon application therefor without examination if: (i) such foreign certificate represents an operator certification class which the commissioner deems equivalent to the Connecticut class for which such individual seeks certification;(ii) the individual meets the requirements of subsections (b) and (c) of section 22a-416-4 of the Regulations of Connecticut State Agencies;(iii) to obtain such foreign certificate, the individual passed a written examination proctored under the authority of the applicable state, territory or possession of the United States;(iv) the owner of the Connecticut wastewater treatment facility at which such individual seeks employment as an operator verifies to the commissioner in writing that such owner has offered employment to the individual conditioned upon the individual's receipt of a certificate under this section; and(v) the individual submits with his or her application an application fee in accordance with subdivision (a)(4) of this section.(6) An operator who obtains a reciprocal certificate to take employment as a chief, shift, or process control operator at a Connecticut wastewater treatment facility shall continue in such position for at least one year or such certificate shall be deemed null and void on the date such employment terminates.(7) Any individual who is employed at a Connecticut wastewater treatment facility and seeks higher class certification than his or her current certification may not obtain such higher certification without passing the applicable examination in Connecticut.(d)Revocation of CertificatesThe commissioner may, in accordance with chapter 54 of the general statutes and sections 22a-3a-5 and 22a-3a-6 of the Regulations of Connecticut State Agencies, revoke an operator's certificate if such operator:
(1) obtained such certificate through fraud or misrepresentation or by submitting inaccurate, misleading, or incomplete information;(2) has engaged in fraud or misrepresentation, including but not limited to the falsification of any discharge monitoring report or monthly operating report;(3) did not exercise reasonable care, judgement, or ability in the performance of his or her duties as an operator;(4) fails to properly perform his or her duties as an operator; or(5) was previously issued a certificate when in fact he or she did not meet the requirements for that certificate.Conn. Agencies Regs. § 22a-416-5
Effective July 13, 1993; Amended June 5, 2000