(a) By March 19, 1994, or any subsequently designated date for Tenn. Comp. R. & Regs. 1200-01-07-.04(1)(b)(3)(ii) to take effect, the board shall, by rule, establish a program for the certification of operators, attendants and other persons participating in or responsible for the operation of any Class I landfill regulated by the department. The department shall:

(1) Identify those persons or positions involved in the operation of a solid waste disposal facility who are required to obtain certification;

(2) Establish the requirements for and term of initial certification and requirements for recertification upon expiration of that term. At a minimum, the department shall require applicants to complete a program of training and pass an examination in order to receive initial certification;

(3) Establish different levels of certification and requirements for certification for different sizes or types of facilities, as the department determines is appropriate;

(4) Impose fees for the operator or attendant training and certification program; and

(5) Require that there be one (1) or more certified attendants on the site of a Class I landfill at all times during the facility's hours of operation.

(b) The training required under subdivision (a)(2) may be conducted by the department or by another person with the approval of the department.

(c) The department may suspend or revoke the operating license of any landfill regulated by the department if persons at the facility fail to obtain certification required under subdivision (a)(1) or for failure to have a certified operator on the site as required under subdivision (a)(5).

(d) The department may suspend or revoke an operator's certification for failure to comply with this part, rules promulgated under this part or conditions of operation made applicable to a solid waste disposal facility by the department.