Current through December 10, 2024
Rule 11-4-8.3 - Certification RequirementsA. Qualifications for Commercial Solid Waste Landfill Operator Certification (1) An applicant may receive a certificate of competency as a Commercial Landfill Operator from the Commission if the applicant is a graduate of an accredited high school or an equivalent (GED) program, has at least five (5) years of experience in landfill operation, and has passed a Commission approved written examination pursuant to paragraph E.1 of this rule. An applicant may receive credit from the Department for experience and education as follows:(a) An applicant seeking commercial landfill operator certification under paragraph A.1 of Rule 8.3 who has completed additional years of education beyond a high school diploma or GED may receive partial credit for deficiencies in their experience, not to exceed three (3) years per degree completed. Such education should be in the field of engineering or engineering technology, biology, chemistry, geology, physics or other natural sciences. Other degrees may be considered based upon the curriculum's applicability to landfill operations as determined by the Department.(b) An applicant seeking commercial landfill operator certification under paragraph A.1 of Rule 8.3 that has obtained comparable work experience in areas that are not directly related to landfill operations, may request that the Department review and consider such work experience to account for up to three (3) years of credit for required work experience. Comparable work experience could include work in other areas of solid waste management, work with other types of pollution control technology, work with equipment commonly used in landfill operations, or other similar work activities. The relevance of such experience as well as the amount of credit the applicant may receive shall be determined by the Department on a case by case basis, based upon the comparability to skills used in landfill operations.(c) In no case, shall the applicant be considered for certification with less than one year of direct experience in landfill operations.(2) An applicant that is seeking certification to operate a commercial non-municipal solid waste landfill may request that the Department allow the applicant to seek certification under Rule 8.3(B)(1)(a) of these regulations where the affected landfill operations are more comparable to a rubbish site.B. Qualifications for Commercial Class I Rubbish Site Operator Certification (1) An applicant may receive a certificate of competency as a Class I Rubbish Site Operator from the Commission if: (a) the applicant is a graduate of an accredited high school or has obtained an equivalent (GED), has at least one (1) year of experience in the operation of a rubbish site or other comparable disposal site, and has passed a Commission approved written examination pursuant to paragraph E.1 of Rule 8.3.(b) the applicant currently holds a valid certificate of competency as a Commercial Solid Waste Landfill Operator and has passed the Rubbish Site Operator Examination pursuant to paragraph E.1 of this rule.(c) the applicant is the operator of an existing class I rubbish site in Mississippi open and receiving waste on June 30, 2005. Such certification shall be valid only until June 30, 2006 and only for operating the facility at which he/she was employed on June 30, 2005, and shall not be renewable.(d) the applicant is the operator of a new commercial class I rubbish site expected to open in Mississippi prior to the Commission's initial examination date, provided that the person has graduated from an accredited high school or equivalent (GED)program, and has at least one (1) year of experience operating a rubbish site. Such certification shall only be valid until June 30, 2006 and shall not be renewable.(2) An applicant may receive credit for the experience and educational requirements of paragraph B.1.(a) as follows: (a) An applicant seeking class I rubbish site operator certification under paragraph B.1 of this rule who has completed additional years of education beyond a high school diploma or GED may receive up to 6 months of credit for deficiencies in their work experience. The award of such credit will be based upon the applicability of the curriculum to solid waste disposal operations as determined by the Department.(b) An applicant seeking class I rubbish site operator certification under paragraph B.1 of Rule 8.3 that has obtained comparable work experience in areas that are not directly related to rubbish site operations, may request that the Department review and consider such work experience to account for up to one (1) year of credit for required work experience. The relevance of such experience as well as the amount of credit the applicant may receive shall be determined by the Department on a case by case basis, based upon the comparability to skills used in rubbish site operations.(3) Only one (1) operator per facility may be certified under paragraphs B(1)(c) or (d) of Rule 8.3.C. Terms of Certification. A certificate of competency issued by the Commission under these regulations shall be valid for three (3) years, unless otherwise revoked or invalidated for just cause.D. Application for Certification(1) An applicant seeking certification shall submit an application to the Department on a form provided by the Department for review and determination of eligibility.(2) The Commission shall issue certificates of competency when the applicant meets the minimum qualifications and requirements of these regulations.(3) The Commission may deny an application if the applicant has not complied with all the provisions of these regulations and with all other applicable Federal, State, and local statutes and regulations or has submitted inaccurate or false information in the application, or has submitted incomplete application forms after being notified in writing by the Department that the application is incomplete. The Commission shall make a determination regarding issuance or denial of the certificate based upon the information contained in the application, the applicant's actions during any prior term of certification, and any other pertinent information that is available to the Commission.E. Examinations (1) An applicant must pass a written examination developed, prepared, and given by the Commission, or developed, prepared, and given by another organization that is approved by the Commission.(2) An applicant who fails to pass an examination may repeat the examination at the next regularly scheduled examination date.(3) Examination papers will not be returned to the applicant.(4) An applicant who fails to pass an examination given by the Commission may review his/her examination by submitting a written request to the Department within thirty (30) days following notification of the exam grade. An applicant who fails an exam administered by a Commission approved organization is subject to the guidelines of that organization.Miss. Code Ann. §§ 17-17-1, et seq. 17-17-201, et seq., 21-27-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., and 49-17-1, et seq.