DRAFT

 

State of Connecticut

 

REGULATION OF

Department of Environmental Protection

concerning

 

WASTEWATER TREATMENT FACILITY

LABORATORY OPERATOR CERTIFICATION

 

Sec. 22a-416-11. General  

 

(a) Sections 22a-416-11 to 22a-416-18, inclusive, of the Regulations of Connecticut State Agencies shall be known as the Wastewater Treatment Facility Laboratory Operator Regulations.

 

(b) Definitions

 

For purposes of Sections 22a-416-11 to 22a-416-18, inclusive of the Regulations of Connecticut State Agencies:

 

(1) “Advisory committee” means the advisory committee appointed under section 22a-416-10 for the Regulations of Connecticut State Agencies;

 

(2) “Applicant” means an individual who files an application;

 

(3) “Application” means an application for laboratory operator certification under the Wastewater Treatment Facility Laboratory Operator Regulations;

 

(4) “Certificate” means a certificate issued by the commissioner stating that the laboratory operator named therein has met the minimum requirements for the laboratory operator classification specified in such certificate;

 

(5) “Certification” means the issuance of a certificate;

 

(6) “Chief laboratory operator” means the laboratory operator who has ultimate technical supervisory responsibility for the operation and maintenance of a wastewater treatment facility laboratory, and is responsible for the daily on-site facility monitoring analyses and Quality Control performance;

 

(7) “Class” and “Classification” are interchangeable;

 

(8) “Commissioner” means the commissioner of environmental protection as defined in subsection (b) of section 22a-2 of the general statutes;

 

(9) “Compliance test” means any test performed to comply with State Pollutant Discharge Elimination System (hereafter referred to as “SPDES”) or National Pollutant Discharge Elimination System (hereafter referred to as “NPDES”) requirements using EPA approved methods;

 

(10) “Contact hour” means one hour of instruction on a topic determined by the commissioner to be related to wastewater treatment laboratory operation;

 

(11) “Continuing education unit” (CEU) means ten contact hours of participation in an organized higher education program approved by the commissioner for wastewater treatment laboratory operators;

 

(12) “Day” means calendar day;

 

(13) “Department” means the Connecticut Department of Environmental Protection;

 

(14) “Discharge monitoring report” means the monthly report required by subsection (j) of section 22a-430-3 of the Regulations of Connecticut State Agencies;

 

(15) “Domestic wastewater” means wastewater discharged from residences or from employee or public washrooms in institutions, businesses, or industrial establishments;

 

(16) “Domestic wastewater process” means any process of treating any volume of wastewater consisting wholly or partially of domestic wastewater;

 

(17) “Examination” means an examination for operator certification under subsection (b) of section 22a-416-5 of the Regulations of Connecticut State Agencies;

 

(18) “Foreign certificate” means a certificate issued by a state, territory or possession of the United States other than Connecticut, stating that the holder thereof has met the minimum qualifications for a wastewater treatment facility operator required by such state, territory, or possession;

 

(19) “G.E.D.” means a general equivalency diploma obtained by passing a general educational development test or its equivalent as recognized by the issuing state board of education;

 

(20) “Higher education” means post-high school education or training, including but not limited to training courses, seminars, workshops, conferences, and college level courses, related, in the commissioner’s sole judgement, to wastewater treatment facility operation;

 

(21) “Industrial wastewater” means wastewater other than domestic wastewater, discharged from institutions, businesses, or industrial establishments that is amenable to treatment by means of biological wastewater treatment;

 

(22) “In-the-field” means employment at a wastewater treatment facility laboratory or employment which, in the commissioner’s sole judgement, is related to the operation of a wastewater treatment facility laboratory; examples of such employment include performing wastewater treatment facility analyses at a DPH certified laboratory, laboratory technical assistance, laboratory operator training or the administration of a wastewater treatment facility laboratory;

 

(23) “Laboratory Operator” means any person employed by a municipality or industry who performs biological wastewater treatment facility sampling or analyses for regulatory purposes in their SPDES or NPDES self-monitoring programs;

 

(24) “Laboratory Operator experience” means an individual’s experience of satisfactorily performing the duties of a laboratory operator at a wastewater treatment facility while employed at any such facility;

 

(25) “Laboratory Operator-in-training” means an applicant who has satisfied all of the requirements for certification under the wastewater treatment facility laboratory operator regulations except for the minimum experience requirements of subdivision (c) of section 22a-416-13 of the Regulations of Connecticut State Agencies;

 

(26) “MGD” means million gallons per day;

 

(27) “Misconduct” means behavior by an applicant in the course of an operator certification examination which conduct interferes with administration of such examination including but not limited to, talking or otherwise making noise during examination, cheating, and use of unauthorized material;

 

(28) “Monthly operating report” means the monthly report required by subsection (j) of section 22a-430-3 of the Regulations of Connecticut State Agencies;

 

(29) “Owner” means the owner in fee simple of a wastewater treatment facility, provided that if the owner contracts with another person to operate such facility, the contractor shall be deemed the owner for the purposes of the wastewater treatment operator regulations;

 

(30) “Reciprocal certificate” means a certificate issued pursuant to subdivision (c)(5) of section 22a-416-14 of the Regulations of Connecticut State Agencies;

 

(31) “Satisfactory evidence” means certified copies of official transcripts, diplomas, course descriptions, foreign certificates, or other documents acceptable to the commissioner;

 

(32) “Wastewater” means domestic or industrial wastewater;

 

(33) “Wastewater treatment facility” means an arrangement of structures and equipment, including solids handling equipment, whose purpose is to treat domestic wastewater or industrial wastewater by means of a biological wastewater treatment process.  A domestic wastewater disposal system for a category I or II discharge as defined in subparagraphs (b)(2)(A) and (b)(2)(B) of section 22a-430-1 of the Regulations of Connecticut State Agencies is not a wastewater treatment facility.

 

 

Sec. 22a-416-12.  Classification of Wastewater Treatment Facility Laboratories

 

(a) Classes of Wastewater Treatment Facility Laboratories

 

There shall be five Classes of wastewater treatment facility laboratories

 

(b) Determination of Class

 

The commissioner classifies each wastewater treatment facility laboratory in Connecticut in accordance with the tests performed for permit compliance in Appendix A and applying the following chart:

 

Laboratory Class

Laboratory tests performed using EPA approved methods for Permit compliance

Chief Laboratory Operator

N

All tests sent out

Class N or higher

P

Class P

Class P or higher

1

Class 1 tests

Class 1 or higher

2

Class 1 & 2 tests

Class 2 or higher

3

Class 1, 2 & 3 tests

Class 3 or higher

 

 

(c) List of wastewater treatment laboratories by class.

 

The commissioner maintains a list of wastewater treatment facilities in Connecticut, which identifies the class of each such facility laboratory.

 

(d) Notification of a change in class

 

The commissioner shall notify the owner of a wastewater treatment facility laboratory in writing if the commissioner determines under subsection (b) of this section that the class of such facility laboratory should be revised as a result of laboratory analyses performed thereat.  Within 30 days of receiving such notice, the owner may request in writing a consultation with the commissioner concerning the proposed change of class.  Within 45 days of such consultation, the commissioner will provide the owner with a written decision as to whether he or she will retain the existing facility class or revise it in accordance with the commissioner’s prior notice.

 

 

Sec. 22a-416-13.  Classes and Qualifications of Wastewater Treatment Facility Laboratory Operators

 

(a) Classification of Wastewater Treatment Facility Laboratory Operators

 

There shall be six (6) classes of laboratory operators:  Class N, Class P, Class 1, Class 2, Class 3, Class 4

 

(b) Language requirement for certification.

 

An applicant for laboratory operator certification shall be able to speak, read and write the English language to the extent deemed necessary to perform the duties thereof.

 

(c) Minimum requirements for laboratory operator certification

 

(1)   Class N Laboratory operator

An applicant for Class N Laboratory operator shall submit satisfactory evidence of (i) at least a high school diploma or GED; and (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs.  No substitutions for the requirements of this subdivision shall be permitted. 

 

(2)   Class P Laboratory operator

An applicant for Class P Laboratory operator shall submit satisfactory evidence of (i) at least a high school diploma or GED;  (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs; and  (iii) successful completion of a basic analytical course for wastewater process control testing, equaling at least 4 CEUs.  No substitutions for the requirements of this subdivision shall be permitted. 

 

(3)   Class 1 Laboratory operator

An applicant for Class 1 Laboratory operator shall (A) submit satisfactory evidence of  (i) at least a high school diploma or GED;  (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs; (iii) successful completion of a basic analytical course for wastewater process control testing, equaling at least 4 CEUs;   (iv) successful completion of higher education equivalent to at least 4.5 CEUs in a field determined by the commissioner to be related to the operation of a laboratory; and (v) one year of cumulative acceptable environmental laboratory experience; and (B) pass the Class 1 laboratory operator examination.  

 

(4)   Class 2 Laboratory operator

An applicant for Class 2 Laboratory operator shall (A) submit satisfactory evidence of  (i) at least a high school diploma or GED;  (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs; (iii) successful completion of a basic analytical course for wastewater process control testing, equaling at least 4 CEUs;   (iv) successful completion of higher education equivalent to at least 9 CEUs in a field determined by the commissioner to be related to the operation of a laboratory; and (v) three years of cumulative acceptable environmental laboratory experience;  and (B) pass the Class 2 laboratory operator examination.  

 

(5)   Class 3 Laboratory operator

An applicant for Class 3 Laboratory operator shall (A) submit satisfactory evidence of  (i) at least a high school diploma or GED;  (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs;  (iii) successful completion of higher education equivalent to at least 90 CEUs in a field determined by the commissioner to be related to the operation of a laboratory, of which 25 CEUs are directly related to the operation of a laboratory;  (iv) four years of cumulative acceptable environmental laboratory experience; and (B) pass the Class 3 laboratory operator examination.

 

(6) Class 4 Laboratory operator

An applicant for Class 4 Laboratory operator shall (A) submit satisfactory evidence of  (i) at least a high school diploma or GED;  (ii) successful completion of a basic wastewater sampling course, approved by the commissioner, equaling at least 0.5 CEUs;  (iii) successful completion of higher education equivalent to at least 180 CEUs in a field determined by the commissioner to be related to the operation of a laboratory, of which 25 CEUs are directly related to the operation of a laboratory; and (iv) four years of cumulative acceptable environmental laboratory experience; and (B) pass the Class 4 laboratory operator examination.  

 

(7) Laboratory operator-in-training

(A) An applicant for Class I or II laboratory operator certification shall be designated by the commissioner, in writing, to become an laboratory operator-in-training in Class I or II, respectively, if such applicant meets all the requirements for such certification except for the minimum laboratory experience requirement under subdivisions (c)(3) or (c)(4) of this section, respectively.  Except as provided in subparagraph (B) of this subdivision, when the owner of the wastewater treatment facility at which an laboratory operator-in-training is employed notifies the commissioner in writing that such laboratory operator-in-training has satisfied the minimum experience requirements for the certification at issue, the commissioner shall issue said certificate.

 

(B) A laboratory operator-in-training who, within five years after passing the certification examination does not obtain the required minimum experience for the certificate applied for shall not be awarded such certificate unless he or she reapplies therefor, takes the certification exam and passes such examination, and satisfies the minimum experience requirement.

 

(d) Substitutions

 

(1) General

 

(A) There shall be no substitution for the minimum education requirements for any class laboratory operator.

 

(B) Higher education, which is substituted for any laboratory experience requirement prescribed in subsection (c) of this section, shall not also be applied to any minimum education requirement prescribed by such subsection.

 

(C) Higher education may be substituted for up to fifty percent of the minimum laboratory experience requirement for Classes 1, 2, 3 and 4 laboratory operator certification prescribed in subdivisions (c)(3), (c)(4), (c)(5), and (c)(6) of this section.  A maximum of ninety CEUs or 90-quarter credits, or sixty semester credits of post high school education in a field determined by the commissioner to be related to the operation of a laboratory may be substituted for two years of laboratory experience.

 

(2) Higher education equivalents

  

For the purposes of the Wastewater Treatment LaboratoryOperator Regulations:

 

(A) Forty-five CEUs are equivalent to one year of higher education.  One semester hour is equivalent to 1.6 CEUs.

 

(B) Forty-five CEUs are equivalent to one year of laboratory operating experience.

 

(3) Operator training courses

 

Any course, seminar, workshop, conference or college course which the commissioner determines in his sole judgement to be related to wastewater treatment facility laboratory operation may be used to meet the higher education requirements of subparagraphs (c)(1)(A), (c)(2)(A), (c)(3)(A), (c)(4)(A), (c)(5)(A), and (c)(6)(A) of this section. The commissioner shall determine in his sole judgement the number of CEUs to which particular hours of higher education are equivalent.

 

(4) Examinations

 

(a) Within three years of the effective date of the wastewater treatment facility laboratory operator regulations, an individual who is currently employed as a laboratory operator and whose employment as a laboratory operator began prior to the effective date of the regulations, and who provides proof of having been issued a certificate prior to the effective date of these regulations by the Department and previously approved for testing of wastewater as a result of demonstrated prior job performance, may be deemed to have fulfilled the requirement to pass the Class 1 examination.

 

(b) Within three years of the effective date of the wastewater treatment facility laboratory operator regulations, an individual who is currently employed as a laboratory operator and whose employment as a laboratory operator began prior to the effective date of the regulations, and who provides proof of having been examined prior to the effective date of these regulations in accordance with the provisions of the Association of Boards of Certification and having been issued an ABC Wastewater Analyst certificate, whether currently active or not, may be deemed to have fulfilled the requirement to pass the equivalent Class 1, 2, 3 or 4 laboratory operator examination.

 

(c) Within three years of the effective date of the wastewater treatment facility laboratory operator regulations, an individual who is currently employed as a laboratory operator and whose employment as a laboratory operator began prior to the effective date of the regulations, and who provides proof of having been examined prior to the effective date of these regulations and recognized as a CT Public Health Laboratory Director of a CT Public Health certified laboratory may be deemed to have fulfilled the requirement to pass the equivalent Class 1, 2, 3 or 4 examination. 

 

(d) Within three years of the effective date of the wastewater treatment facility laboratory operator regulations, an individual who is currently employed as a laboratory operator and whose employment as a laboratory operator began prior to the effective date of the regulations, and who provides proof of having previously been issued a New England Water Environment Association Wastewater Analyst Grade 1 or 2 certificate after January 1, 1999 and prior to the effective date of these regulations in accordance with the provisions of the New England Water Environment Association may be deemed to have fulfilled the requirement to pass the Class 1 or 2 laboratory operator examination, respectively.

 

 

Sec. 22a-416-14.  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 the minimum experience and education requirements including documentation of such experience and education for the laboratory operator certification sought, 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 a laboratory operator at a Connecticut wastewater treatment facility, or meets the minimum requirements for laboratory operator-in-training under subparagraph (c)(7) of section 22a-416-13 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 laboratory operator certification if the owner of a Connecticut wastewater treatment facility laboratory (A) intends to hire such applicant as a laboratory 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 for Class 1, 2, 3 or 4 laboratory operator certification shall be accompanied by an application fee of $95.  Each application for Class N or Class P laboratory operator certification shall be accompanied by an application fee of $30.  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 Laboratory 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 Class 1, 2, 3 and 4 laboratory 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-416-13 of the Regulations of Connecticut State Agencies for the laboratory 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 any 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 22a-416-13 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) expired under subdivision (3) of this section.

 

(3) The certificate of an laboratory operator who ceases to be employed in the field of wastewater laboratory analysis shall expire two years after the date his or her last such employment terminated.

 

(4)  A laboratory operator whose certificate has expired pursuant to subdivision (3) of this section may apply for certification.  Upon fulfillment by such laboratory operator of the requirements of section 22a-416-13 of the Regulations of Connecticut State Agencies and this section, the commissioner shall reissue a certificate to such laboratory operator.

 

(5) An individual who:

(A) is not employed as an laboratory operator in Connecticut;

(B) holds a current foreign laboratory operator certificate; and

(C) wishes to accept employment as an laboratory operator in Connecticut may obtain a certificate upon application therefore without examination if:

 

(i) such foreign laboratory operator certificate represents a laboratory 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-416-13 of the Regulations of Connecticut State Agencies;

(iii) to obtain such foreign laboratory operator certificate, the individual passed a written laboratory operator 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 laboratory at which such individual seeks employment as an laboratory 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 subsection (a)(4) of this section.

 

(6) A laboratory operator who obtains a reciprocal certificate to take employment as an laboratory operator at a Connecticut wastewater treatment facility laboratory 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 laboratory 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 Certificates

 

The 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 a wastewater laboratory operator’s certificate if such laboratory 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 laboratory data, discharge monitoring report or monthly operating report;

 

(3) did not exercise reasonable care, judgment, or ability in the performance of his or her duties as a laboratory operator;

 

(4) fails to properly perform his or her duties as an laboratory operator; or

                                                        

(5) was previously issued a certificate when in fact he or she did not meet the requirements for that certificate.

                                                                                 

     

Sec. 22a-416-15.  Requirements for Owners of Wastewater Treatment Facility Laboratories

 

(a) General

 

(1) Nothing in these regulations shall preclude the owner from establishing more restrictive requirements.

 

(2) Upon the commissioner’s request, the owner of a wastewater treatment facility laboratory shall provide in writing to the commissioner the name of the chief laboratory operator and each person who performs sampling, process control and SPDES or NPDES analyses employed at such facility. 

 

(3) The owner of a wastewater treatment facility laboratory shall notify the commissioner in writing  prior to any additions or deletions of laboratory analyses listed in Appendix A that would change the laboratory classification as defined in Sec. 22a-416-12 (b).

 

(4) A privately owned laboratory that is licensed by the Connecticut Department of Public Health under 19a-36-A57 through 19a-36-A63 of the Regulations of Connecticut State Agencies to perform wastewater testing is exempt from regulations Section 22a-416-11 through Section 22a-416-16 of the Regulations of Connecticut State Agencies.

 

(5) Any biological wastewater treatment facility laboratory or municipally owned laboratory that performs tests on wastewater samples and is licensed by the Connecticut Department of Public Health under 19a-36-A57 through 19a-36-A63 of the Regulations of Connecticut State Agencies shall not be required to employ a chief laboratory operator certified under Section 22a-416-11 through Section 22a-416-16 of the Regulations of Connecticut State Agencies.

 

(b) Requirements for employing qualified laboratory operators

 

(1) Except as provided in subdivision (a)(4) or (b)(2) of this section, the owner shall employ a chief laboratory operator certified at the class of such facility laboratory or higher, determined in accordance with subsection (b) of section 22a-416-12 of the Regulations of Connecticut State Agencies, and such laboratory operator shall be present at such facility laboratory for the number of hours needed to provide sufficient industry standard oversight to accomplish the minimum required permit testing, process control testing and quality assurance and quality control program.

 

(2) If the chief laboratory operator of a wastewater treatment facility:

      (a) ceases to be employed by such facility or

(b) is or will be absent from such facility for more than 30 consecutive days,

 

the owner of such facility shall notify the commissioner in writing of the designation of an acting chief laboratory operator within 14 days.  An individual may act as chief laboratory operator under the wastewater treatment facility laboratory regulations only if such individual is certified at no lower than Class P and at no lower than one class below the class of the facility laboratory.  The owner of such facility may continue to operate such facility laboratory without a chief laboratory operator for no longer than 90 days, except that upon good cause shown in writing by such owner, the commissioner may extend in writing such 90 day limit for no more than an additional 275 days.   During the absence of the chief laboratory operator, the commissioner may require compliance tests in the SPDES or NPDES Permit to be contracted out to and performed by a Connecticut Department of Health Services approved laboratory and shall notify the owner in writing of such fact.

 

(3) Within 14 days after a chief laboratory operator begins or terminates employment in such capacity at a wastewater treatment facility, the owner thereof shall notify the commissioner in writing of such fact. 

 

(4) If the chief laboratory operator of a wastewater treatment facility laboratory is or will be absent from such facility for less than 30 consecutive days, the owner may continue to operate the facility laboratory provided that the owner utilizes a laboratory operator certified at no lower than Class P and at no lower than one class below the class of the facility laboratory.  If the owner does not employ an individual qualified under this subdivision to act as chief laboratory operator in the event that the regularly employed chief laboratory operator is absent for a period of up to 29 days, the owner shall contract out compliance tests in the SPDES or NPDES Permit to be performed by a Connecticut Department of Health Services approved laboratory.

 

(5) In addition to the chief laboratory operator required under section (b)(1) of this section the owner of a wastewater treatment facility laboratory shall employ, as necessary, other laboratory operators certified at a minimum of:

a)       individuals performing sample collection who shall be certified at a minimum of Class N;

b)       individuals performing process tests who shall be certified at a minimum of Class P;

c)       individuals performing Class 1 tests who shall be certified at a minimum of Class 1;

d)      individuals performing Class 2 tests who shall be certified at a minimum of Class 1 and is supervised by a minimum Class 2 laboratory operator;

e)       individuals performing Class 3 tests who shall be certified at a minimum of Class 2 and is supervised by a minimum Class 3 laboratory operator.

 

The requirement for additional laboratory operators beyond the chief laboratory operator shall be judged against the industry standard needed to accomplish the minimum required permit tests, process control tests and an acceptable quality assurance and quality control program while accounting for all other duties of the individual(s).

 

(c) Time period for employing certified laboratory operators

 

(1)   Upon adoption of the wastewater treatment facility laboratory operator regulations the owner may employ existing laboratory operators if they become certified within three (3) years.

 

(2) The owner of the wastewater treatment facility laboratory who initiates employment with a laboratory operator after the effective date of adoption of the wastewater treatment facility laboratory operator regulations may continue to employ the laboratory operator to perform N, P or Class 1 tests provided the individual receives technical supervision from a properly certified chief laboratory operator and if they become certified within the following time period:

 

Class of

Laboratory Operator

Time Period Allowed to become certified

N

180 days

P

180 days

1

1 year

2

1 year

3

1 year

 

 

Sec. 22a-416-16.  Requirements for Laboratory Operators of Wastewater Treatment Facility Laboratories

 

(a)  All individuals employed as laboratory operators on the effective date of the wastewater treatment facility laboratory operator regulations must apply and become properly certified within three (3) years of the adoption of the wastewater treatment facility laboratory operator regulations.

 

(b) An individual who initiates employment as a laboratory operator with an owner of a wastewater treatment facility laboratory after the date of adoption of the wastewater treatment facility laboratory operator regulations shall become certified within the following time period:

 

Class of

Laboratory Operator

Time Period Allowed to become certified

N

180 days

P

180 days

1

1 year

2

1 year

3

1 year

 

 

(c)  A wastewater treatment facility laboratory operator may perform sampling and testing duties in accordance with the following table:

 

Chief Laboratory Operator Responsible for Laboratory Work

Class of

Laboratory Operator

Performing Laboratory Tests

Tests Laboratory Operator Allowed to Perform using EPA approved methods for permit compliance