401 Ky. Admin. Regs. 11:001

Current through Register Vol. 51, No. 4, October 1, 2024

Section 401 KAR 11:001 - Definitions for 401 KAR Chapter 11

RELATES TO: KRS 223.160 - 223.220, 224.1-010, 224.73-110

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-110 authorizes the cabinet to promulgate administrative regulations concerning the certification of wastewater operators. KRS 223.200 requires the cabinet to promulgate administrative regulations concerning the certification of water treatment and distribution system operators. KRS 224.73-110 requires wastewater system operators to be certified by the cabinet. This administrative regulation establishes definitions applicable to the certification of wastewater and water operators.

Section 1. Definitions.

(1) "Active certificate" means a current and valid certificate that:

(a) Has been renewed for the current period as established in 401 KAR 11:050; and

(b) Authorizes the operator to operate the type of water or wastewater facility indicated on the certificate.

(2) "Applicant" means a person who has submitted an application to take an examination for certification.

(3) "Board" means the:

(a) Kentucky Board of Certification of Wastewater System Operators; or

(b) Kentucky Board of Certification of Water Treatment and Distribution System Operators.

(4) "Cabinet" is defined by KRS 224.1-010(8).

(5) "Certificate" means a certificate of competency issued by the cabinet stating that the operator has met the requirements for the specified operator classification as established by 401 KAR Chapter 11.

(6) "Certified operator" means an individual that holds an active certified operator's certificate issued in accordance with 401 KAR 11:050.

(7) "Certified Training Provider" or "CTP" means a continuing education or training provider that has been approved by the cabinet as established in 401 KAR 11:050, in consultation with the board, and that offers continuing education or training that:

(a) Is pertinent to the practice of drinking water or wastewater plant operation;

(b) Contributes to operator competency beyond the knowledge obtained in the initial certification preparatory program; and

(c) Is pertinent to specific work requirements.

(8) "Core content" means the information identified as essential by the board for purposes of certification examination and continuing education training.

(9) "Direct responsible charge" means personal, first-hand responsibility to conduct or actively oversee and direct procedures and practices necessary to ensure that the drinking water treatment plant or distribution system is operated in accordance with accepted practices and with KRS Chapters 223 and 224 and 401 KAR Chapters 8 and 11.

(10) "Inactive certificate" means a certificate:

(a) For which only the renewal fee has been paid;

(b) For which continuing education required by 401 KAR 11:050 has not been met; and

(c) That shall not give the certificate holder the authority or credentials to operate any type of water or wastewater plant until the certificate has been returned to active status.

(11) "Operator" means a person involved in the operation of a wastewater treatment plant, wastewater collection system, drinking water treatment plant, or drinking water distribution system.

(12) "Primary responsibility" means personal, first-hand responsibility to conduct or actively oversee and direct procedures and practices necessary to ensure that the wastewater treatment plant or wastewater collection system is operated in accordance with accepted practices and with KRS Chapter 224 and 401 KAR Chapters 5 and 11.

401 KAR 11:001

35 Ky.R. 473; 1210; eff. 3-6-2009; 36 Ky.R. 449; 1047; eff. 2-5-2010; Crt eff. 11-1-2018; 45 Ky.R. 3522; 46 Ky.R. 952; eff. 11-1-2019.

STATUTORY AUTHORITY: KRS 223.200, 224.10-100, 224.10-110, 224.73-110