Section 5-4.7 - Enforcement

5-4.7 Enforcement.

(a) Upon notice and opportunity of a hearing, the Department may suspend or revoke a certificate of an operator. Revocation or suspension will be based on fraud or misrepresentation by the certified operator; gross incompetence or gross negligence on a particular occasion or negligence or incompetence on more than one occasion; or mental or physical incapacity of the operator to perform his or her operating duties.

(1) Suspension of Certificate

(i) Grounds for Suspension - A suspendable offense may include but is not limited to:

(a) Selective sampling - Operator intentionally alters sampling period, in an attempt to collect samples that are not truly representative.

(b) Sabotage of equipment - Intentional misuse or impairment of equipment necessary to maintain treatment and/or distribution.

(c) Bribery or extortion - Operator accepts or offers bribes related to plant operations or uses his/her position as an operator to extort money or services from others.

(d) Dangerous acts - Failure to take appropriate actions necessary to provide a safe and healthful workplace or directs staff to perform activities without proper safety equipment or training.

(e) Misleads -Operator gives misleading statements to government officials relative to the operation of the treatment facilities and/or distribution system.

(f) Lack of Maintenance - Failure to maintain the treatment facilities and/or distribution system to an acceptable level despite having the resources and the means to properly maintain the facility and/or distribution system.

(g) Lack of Process Control - Failure to utilize knowledge of process control techniques to optimize the operation of the treatment facility.

(h) Unauthorized Modification of a Facility and/or Distribution System - Failure to contact the State and obtain approval when any modification of the facility and/or distribution system is made.

(ii) Suspension Term - A suspension term will last for a period not to exceed three years and will be based on factors such as: number of acts committed, degree of physical or environmental harm resulting from acts, degree of cooperation and other relevant information. Three suspensions in any three-year period, time period starting with the effective date of the first suspension, will result in an automatic revocation.

(iii) Conditions of Reinstatement - A certificate may be reinstated upon request from the suspended operator after the operator serves his/her suspension period and has completed necessary training and/or other suspension conditions prescribed by the State.

(2) Revocation of Certificate

(i) Grounds for Revocation - A revocable offense may include but is not limited to:

(a) Falsifying Reports - Making false statements or notations on legal or official records required by the Department.

(b) Illegal Bypassing - Bypassing the entire treatment facility and sending untreated water to the distribution system, without prior approval by the State.

(c) Sample Tampering - Knowingly collecting, preparing, or analyzing a sample that will yield results that are not representative of the actual water quality.

(d) Coercion - The operator uses his/her position to force another employee to undertake an inappropriate or illegal act relating to treatment plant operation and/or distribution system.

(e) Plant Related Criminal or Civil Charges - The operator pleads or is found guilty of criminal or civil charges related to the operation of the treatment facility and/or distribution system.

(f) Equipment Damage and Harm to Public - The operator operates the facility in such a manner as to cause harm to equipment or the public that the operator had reasonably available means to avoid.

(ii) Condition of reinstatement - A certificate may be reinstated upon request from the revoked operator after the operator serves his/her revocation period and has met the requirements outlined in sections 5-4.3, 5-4.5, and other revocation conditions prescribed by the department.

Effective Date: 
Wednesday, February 14, 2001
Doc Status: 
Complete