16 Del. Admin. Code § 4463-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4463-3.0 - Advisory Council For Certification Of Public Water System Operators

3.1 An Advisory Council for Certification of Public Water System Operators shall be appointed by the Secretary to advise and assist in the administration of these regulations.

3.2 Membership

3.2.1 The Advisory Council shall consist of a minimum of seven members. Membership shall consist of:

3.2.1.1 One representative from the Division of Public Health who shall serve as Secretary/Treasurer, responsible for maintaining all appropriate records and conducting the daily business of the Advisory Council;

3.2.1.2 One representative of the public-at-large;

3.2.1.3 Two representatives of local government agencies with managerial responsibility for water treatment or water distribution in a public water system with the following representation:

3.2.1.3.1 One representative of a local government agency having a population greater than or equal to 10,001; and

3.2.1.3.2 One representative of a local government agency having a population less than or equal to 10,000;

3.2.1.4 One representative of business or industry;

3.2.1.5 One representative of a public water utility; and

3.2.1.6 One representative holding a valid water operator's license, or who is eligible to be licensed under these regulations.

3.2.2 Advisory Council members shall serve a five-year term or until such time as a re-appointment or a replacement appointment is made. Members shall have the right to resign at their request.

3.2.2.1 The Division representative will serve an unlimited term at the discretion of the Secretary.

3.2.3 Advisory Council appointees shall represent all counties of the State, with at least one member each representing New Castle, Kent, and Sussex Counties.

3.2.4 The Advisory Council shall elect a Chair from among the members.

3.2.5 The Secretary may remove any member of the Advisory Council for misconduct, incapacity, or neglect of duty, and shall be the sole judge of the justification for removal.

3.2.6 The Secretary shall fill any vacancy. Such an interim appointment shall be for the duration of the term.

3.3 The Advisory Council shall hold at least four meetings each calendar year and such special meetings as it deems necessary.

3.3.1 A majority of the Advisory Council membership in attendance at any meeting shall constitute a quorum of the Advisory Council.

3.4 Responsibility and Authority

3.4.1 The Advisory Council, with the consent of the Secretary, shall establish such procedures and guidelines as may be necessary for the administration of this regulation. These procedures and guidelines shall include but not be limited to the following:

3.4.1.1 Procedures for examination of applicants and the granting of licenses;

3.4.1.2 Procedures for the renewal of licenses;

3.4.1.3 Procedures for the suspension, revocation, and failure to renew licenses;

3.4.1.4 Guidelines for evaluating equivalency of training and examinations conducted by recognized agencies and institutions;

3.4.1.5 Guidelines for evaluating equivalency of other licensing and certification programs for the purpose of according reciprocal treatment; and

3.4.1.6 Procedures for the collection and disbursement of fees.

3.4.2 The Advisory Council shall possess the necessary authority as delegated by the Secretary to carry out all activities required for the proper administration of these regulations. Such authority includes:

3.4.2.1 The development of rules and regulations, to be adopted by the Secretary, concerning the licensing of operators of public water systems;

3.4.2.2 Establishing the method of examination for each license applicant, including preparation, administration, and grading of examinations;

3.4.2.3 The recommendation to the Secretary regarding the issuance and renewal of licenses; and

3.4.2.4 The recommendation of disciplinary sanctions to the Secretary on operators who violate Section 11.0 of these regulations.

16 Del. Admin. Code § 4463-3.0

23 DE Reg. 928( 5/1/2020) (final)