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California Law (Last Updated: March 4, 2014) |
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Health and Safety Code - HSC |
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Division 104. ENVIRONMENTAL HEALTH |
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Part 1. ENVIRONMENTAL HEALTH PERSONNEL |
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Chapter 4. Professional Certification |
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ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems |
Section 106876.
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(a) The department may suspend, revoke, or refuse to grant or renew any water treatment operator certificate or water treatment operator-in-training certificate to operate or supervise the operation of a water treatment plant or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following:
(1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination.
(2) The use of fraud or deception in the course of operating or supervising the operation of a water treatment plant or a water recycling treatment plant.
(3) The failure to use reasonable care or judgment in the operation or supervision of the operation of a water treatment plant or a water recycling treatment plant.
(4) The inability to perform operating duties properly in a water treatment plant or a water recycling treatment plant.
(5) The failure to meet all requirements for certificate renewal.
(6) The conduct of willful or negligent acts that cause or allow the violation of the Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act.
(7) Willfully or negligently violating or causing or allowing the violation of waste discharge requirements or permits issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) while operating a water recycling treatment plant.
(b) The department may suspend, revoke, or refuse to grant or renew any water distribution operator certificate to operate or supervise the operation of a water distribution system or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following:
(1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination.
(2) The use of fraud or deception in the course of operating or supervising the operation of a water distribution system.
(3) The failure to use reasonable care of judgment in the operation or supervision of the operation of a water distribution system.
(4) The inability to perform operating duties properly in a water distribution system.
(5) The failure to meet all requirements for certificate renewal.
(6) The conduct of willful or negligent acts that cause or allow the violation of the federal Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act.
(c) Prior to revocation of a valid operator certificate, the department shall provide the certificate holder with an opportunity for a hearing before the department.
(d) For purposes of this section, "water recycling treatment plant" means a treatment plant that receives and further treats secondary and/or tertiary effluent from a wastewater treatment plant.