224.73-110 Board of certification of wastewater system operators -- Duties -- Examination and certification of operator -- Classification of systems -- Fees -- Training required for certificate renewal -- Waiver

(1) The Kentucky Board of Certification of Wastewater System Operators is established. The board shall recommend qualified applicants to the cabinet for certification and perform other acts as may be necessary to carry out the purposes of this section. Members of the board shall be appointed by the Governor. The board shall consist of eight (8) members who may have professional backgrounds as follows: one (1) employee of a municipality who holds the position of either city manager, city engineer, director of public works, or the equivalent thereof; one (1) member who is a faculty member of a college, university, or professional school whose major field is related to wastewater treatment; one (1) nonvoting ex officio member representing the cabinet; and five (5) members currently employed as operators holding valid certificates where one (1) of these five (5) shall be an operator of an industrial wastewater system. Board members shall serve for a four (4) year term, except for the first board to which two (2) of the operators will be appointed for four (4) years and three (3) for two (2) years. The first college faculty member will be appointed for two (2) years and the remaining board members will be appointed for four (4) years. The cabinet's representative shall serve as executive secretary and treasurer and be responsible for maintaining records

The members of the board shall serve without compensation but may be reimbursed for all actual and necessary expenses incurred while discharging their official duties. At least four (4) existing members of the board shall constitute a quorum

(2) No person shall have primary responsibility for the operation of any sewage system or portion thereof whether publicly or privately owned unless: (a) The person has passed an examination prescribed by the Energy and Environment Cabinet and board which shall determine the person's skill and competency for the operation and has been issued a certificate to that effect by the cabinet; or (b) The person is operating a sewage system located at the residence where the person lives and the sewage system serves only one (1) residence

(3) No person shall authorize or allow any person who does not hold a certificate issued pursuant to subsection (2) of this section to have primary responsibility for the operation of any sewage system or portion thereof

(4) The cabinet, with the advice of the board of certification, may classify all sewage systems and portions thereof in the manner provided by the rules and regulations of the cabinet with regard to size, type, physical conditions affecting such systems or portions thereof, and the skill, knowledge and experience required for the operation of the system or portion thereof and restrict the application of any certificate issued pursuant to subsection (2) of this section to the operation of a sewage system or portion thereof of a specific class

(5) Any person who has primary responsibility for the operation of a sewage system for a school shall be entitled to a limited certificate of competency for his particular system, provided he has demonstrated that he has the knowledge and experience required to operate properly the particular sewage system for which he is responsible. A limited certificate of competency so issued is not transferable to any other sewage system, nor is the period of operation under such a limited certificate eligible for consideration toward the experience requirements for a certificate of competency as provided in subsection (2) of this section

(6) All applicants for the examination and certification for the operation of any sewage system or portion thereof, whether publicly or privately owned, shall pay a reasonable schedule of fees and charges fixed by regulation. The fees required under this section shall be payable to the cabinet

(7) Operators shall have accumulated a minimum number of hours of appropriate board approved training set by regulation for certificate renewal. Such training shall include, but may not be limited to, correspondence courses, short courses, trade association meetings, and on-the-job training. Training hours accumulated in any given year in excess of the minimum requirement necessary for renewal may be carried forward for a period not to exceed two (2) years

(8) The board may waive any or all of the requirements of subsection (7) of this section for all or portions of an established class of operators

Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 117, sec. 25, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 382, effective July 15, 2010. -- Amended 1984 Ky. Acts ch. 299, sec. 1, effective July 13, 1984; and ch. 387, sec. 3, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 249, sec. 1, effective June 19, 1976. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2), effective June 21, 1974. -- Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 11, effective January 1, 1973

Formerly codified as KRS 224.135