Current through Register Vol. 49, No. 9, September, 2024
SECTION I. AUTHORITY
The following Rules Pertaining to Water Operator Licensing are
duly adopted and promulgated by the Arkansas State Board of Health pursuant to
the authority expressly conferred by the Laws of the State of Arkansas
including, without limitation, Act 96 of 1913, as amended, Act 333 of 1957 as
amended Act 1001 of 1991 as amended and Act 494 of 1997 as amended. (See
Arkansas Codes Annotated, Title 17, Chapter 51, Sections 101 - 106, and
Sections 201 - 205)
SECTION
II. PURPOSE
These Rules are adopted for the purpose of ensuring that all
public water systems in the State of Arkansas are operated by personnel who
have shown their competence and knowledge of the public health and scientific
principles necessary to produce and deliver adequate quantities of water which
meets or exceeds the National Primary and Secondary Drinking Water
Standards.
SECTION III.
DEFINITIONS
A. ADVANCED TREATMENT means the
application of physical processes (Some examples are aerators, clarifiers or
filters.) to water, for the purposes of improving the quality or condition of
the water.
B. BOARD means the
Arkansas State Board of Health.
C.
COMMITTEE means the Drinking Water Advisory And Operator Licensing
Committee.
D. DEPARTMENT means the
Arkansas Department of Health.
E.
LATE RENEWAL means an application for renewal when the application for renewal
or the associated fee is received more than thirty (30) days following the
beginning of a renewal period.
F.
OPERATE means to make decisions or conduct acts that contribute to the
production, treatment, or delivery of potable water by the water system, if
such decisions or acts involve process control or system integrity.
G. OPERATING SHIFT means that period of time
during which operator decisions that affect public health are necessary for
proper operation of the water system.
H. OWNER means any person, firm, corporation,
institution, or governmental agency, or their agent, owning, operating, or
modifying any public water system, water distribution facility or water
treatment facility.
I. PUBLIC WATER
SYSTEM or PWS means all sources and their surroundings from which water is
derived for drinking or domestic purposes by the public, and all structures,
conduits, and appurtenances in connection therewith by which water for such use
is obtained, treated, conditioned, stored or delivered to the public, if such
system has at least fifteen service connections or serves an average of
twenty-five individuals daily at least 60 days per year.
1. COMMUNITY PUBLIC WATER SYSTEM means any
public water systems, which serves at least 15 service connections used by
year-round residents or regularly serves at least 25 year-round
residents.
2. NON-COMMUNITY PUBLIC
WATER SYSTEM means a public water system that serves at least 15 service
connections or 25 persons per day that is not a community water system.
a. NON-TRANSIENT NON-COMMUNITY PUBLIC WATER
SYSTEM means a Non-Community Water System that serves at least 25 of the same
individuals at least 180 days (or portions thereof) per year.
b. TRANSIENT NON-COMMUNITY PUBLIC WATER
SYSTEM is any Non-Community Public Water System that is not a Non-Transient
Non-Community Public Water System.
3. CONSECUTIVE SYSTEMS are public water
systems that obtain all or part of their water supply, either directly or
indirectly, from another public water system.
4. SMALL WATER SYSTEM shall mean a Public
Water System serving a total population of less than 500, including the
population of any consecutive Public Water Systems that it operates.
J. SURFACE WATER means water that
flows over or rests upon the surface of the earth.
K. SURFACE WATER INFLUENCED SOURCE means any
source with significant occurrence of insects or other macro-organisms, algae,
or large diameter pathogens such as Giardia lamblia, or which is subject to
significant changes in water quality which are determined to be in direct
relationship with the climatological or surface water conditions.
L. TREATMENT means the application of
physical processes and/or the addition of chemicals to water which a public
water system provides to the public, for the purposes of improving the quality
of the water, except that the addition of gaseous chlorine, calcium
hypochlorite or sodium hypochlorite alone shall not be defined as
treatment.
M. WATER DISTRIBUTION
FACILITIES shall mean that portion of the public water system in which water is
stored and conveyed from the water treatment facilities or other supply point
to the premises of a water consumer. This type of facility would also include
groundwater sources without treatment.
1. A
single pressure plane distribution facility is a distribution network that has
only one pressure gradient downstream of the source of supply.
2. A multiple pressure plane distribution
facility is a distribution network that has more than a single pressure
gradient downstream of the source of supply. A booster pump station or a
pressure reducing valve could create the additional pressure gradient. A
booster pump or a pressure reducing valve serving an individual or small group
of service connections would not be considered as a separate pressure
gradient.
N. WATER
OPERATOR means any person who during the performance of their regular duties,
at all community public water system, all non-transient non-community public
water system, or any other non-community public water system that utilizes a
surface water source or surface water influenced source, exercises individual
judgment, whether directly or indirectly, that might affect the safety,
quality, or quantity of water delivered from the water system. (The term
Operator generally includes, but is not limited to, Managers, Assistant
Managers, Superintendents, Assistant Superintendents, Construction and
Maintenance Foremen, treatment plant personnel and other persons responsible
for the operation and maintenance of wells, reservoirs, water treatment
facilities, water distribution facilities, and pumping facilities.)
O. WATER OPERATOR(S) IN RESPONSIBLE CHARGE is
defined as the water operator(s) designated by the owner to be the licensed
operator(s) who is in direct supervision of the water system regarding the
daily operational activities and protocols that an operator(s) follows when
operating a public water system, water treatment facility and/or distribution
facility.
P. WATER
OPERATOR-IN-TRAINING means any Water Operator who has successfully completed
the formal license examination but has not met the experience
requirement.
Q. WATER TREATMENT
FACILITIES shall mean that portion of the public water system in which water is
obtained and treated.
SECTION
IV. APPLICABILITY
These Rules apply to Public Water Systems and any individual
who seeks certification or licensure to perform the duties of a Water Operator
or other activities for which certification or licensure as a Water Operator is
available from the Department of Health. All Public Water Systems and any
individual performing the duties of a Water Operator must comply with these
Rules.
SECTION V. LICENSE
TYPE AND GRADE OF LICENSE REQUIRED
A. The
owners of all community public water systems, all non-transient non-community
public water systems, and those other non-community public water systems that
utilize a surface water source or surface water influenced groundwater source
must place the direct supervision of the water system under an available Water
Operator(s) in Responsible Charge holding a valid license equal to or greater
than the classification of the treatment facility and/or distribution
facility.
B. All Community public
water systems, all Non-Transient Non-Community public water systems and those
other non-community public water systems that utilize a surface water source or
surface water influenced groundwater source must have a licensed operator
available for each operating shift.
C. Water Operators that perform water
treatment facility duties must hold a valid active Water Treatment Operator
License. Water Operators that perform duties in a water distribution facility
must hold a valid active Water Distribution Operator License. Water Operators
that perform both water treatment facility and water distribution facility
duties must hold a valid active Water Treatment Operator License and a valid
active Water Distribution Operator License.
D. Water Treatment Facilities shall be
classified as Grade I, Grade II, Grade III and Grade IV facilities according to
the facilities size and complexity of treatment, with Grade IV being the
largest most complex.
E. Water
Distribution Facilities shall be classified as Very Small Water System, Grade
I, Grade II, Grade III and Grade IV facilities according to the facilities size
and complexity of treatment, with Grade IV being the largest most
complex.
F. Water Treatment
Facilities and Distribution Facilities shall be classified in accordance with
Table 1. Water Operators, Operators In Responsible Charge or
Operators-In-Training of these facilities shall be licensed in the appropriate
grades and license types in accordance with Table 1. (See page 5 and Attachment
1.)
G. Community and non-transient
non-community public water systems and any other non-community public water
system that utilizes a surface water source or surface water influenced source
shall be classified based on the highest level of certification required to
operate any of the system's treatment facilities and the highest level of
certification required to operate any of the system's distribution facilities.
Public Water System and Operator Required
Licenses
WATER TREATMENT OPERATOR LICENSE
|
TYPE OF TREATMENT
|
POPULATION SERVED
(Include consecutive system population.)
|
IS ORC* OR A SUPERIOR?
|
LICENSE GRADE REQUIRED
|
|
CHEMICAL ADDITION
|
25 TO 3,299
|
///////////
|
I
|
|
3,300 TO 9,999
|
YES
|
II
|
|
NO
|
I
|
|
10,000 TO 49,999
|
YES
|
III
|
|
NO
|
II
|
|
50,000 OR GREATER
|
YES
|
IV
|
|
NO
|
III
|
|
ADVANCED TREATMENT
|
25 TO 3,299
|
///////////
|
II
|
|
3,300 TO 9,999
|
YES
|
III
|
|
NO
|
II
|
|
10,000 OR GREATER
|
YES
|
IV
|
|
NO
|
III
|
WATER DISTRIBUTION OPERATOR LICENSE
|
DISTRIBUTION
FACILITY
COMPLEXITY
|
POPULATION SERVED
(Include consecutive system population, if operated by
this water system.)
|
IS ORC* OR A SUPERIOR?
|
LICENSE GRADE REQUIRED
|
|
SINGLE PRESSURE PLANE - NO PUMP(S) EXCEPT SOURCE/WTP
PUMP(S)
|
25 TO 499
|
///////////
|
SMALL SYSTEM
|
|
500 TO 3,299
|
///////////
|
I
|
|
3,300 TO 9,999
|
YES
|
II
|
|
NO
|
I
|
|
10,000 TO 49,999
|
YES
|
III
|
|
NO
|
II
|
|
50,000 OR GREATER
|
YES
|
IV
|
|
NO
|
III
|
|
MULTIPLE PRESSURE PLANES
|
25 TO 499
|
///////////
|
I
|
|
500 TO 3,299
|
///////////
|
II
|
|
3,300 T0 9,999
|
YES
|
III
|
|
NO
|
II
|
|
10,000 OR GREATER
|
YES
|
IV
|
|
NO
|
III
|
*Operator in Responsible Charge
H. During routine sanitary surveys of public
water systems, Department staff shall examine the organizational structure of
each system and identify all positions or classes of positions for which
licensure is required and determine if they are a supervisory position for
licensing purposes.
I. The
licensure determinations may be appealed by the public water systems to the
Committee for their review and determination.
J. Licensed operators must notify this office
in writing of any changes in their employment, contract operation or volunteer
status with a Public Water System.
SECTION VI. CRIMINAL OFFENSES
A. Prohibiting Criminal Offenses
1. An individual is not eligible to receive
or hold a license issued by the Board if that individual has pleaded guilty or
nolo contendere to or been found guilty of any of the offenses detailed in Ark.
Code Ann. §
17-3-102 et. seq. by any court in
the State of Arkansas or of any similar offense by a court in another state or
of any similar offense by a federal court, unless the conviction was lawfully
sealed under the Comprehensive Criminal Record Sealing Act of 2013 §
16-90-1401 et. seq. or otherwise
sealed pardoned or expunged under prior law.
2. The Board may grant a waiver as authorized
by Ark. Code Ann. §
17-3-102 in certain
circumstances.
3. The Board is not
authorized to conduct criminal background checks but may inquire about criminal
convictions upon application or renewal of a license. Any applicant or licensee
which provides false information to the Board regarding a criminal conviction
may be subject to suspension, revocation or denial of a license.
B. Pre-Licensure Prohibiting
Offense Determination
1. Pursuant to Act 990
of 2019, an individual may petition for a pre-licensure determination of
whether the individual's criminal record will disqualify the individual from
licensure and whether a waiver may be obtained.
2. The individual must obtain the
pre-licensure criminal background check petition form from the Board.
3. The Board will respond with a decision in
writing to a completed petition within a reasonable time.
4. The Board's response will state the
reason(s) for the decision.
5. All
decisions of the Board in response to the petition will be determined by the
information provided by the individual.
6. Any decision made by the Board in response
to a pre-licensure criminal background check petition is not subject to
appeal.
7. The Board will retain a
copy of the petition and response and it will be reviewed during the formal
application process.
SECTION VII. EDUCATION REQUIREMENTS
A. Applicants for licensing shall have a high
school diploma or General Equivalency Diploma or GED. On a case-by-case basis,
the Committee may determine that an applicant's experience or relevant training
can be substituted for the requisite high school diploma or General Equivalency
Diploma. Any training or experience used for such substitution shall not be
used to meet the minimum experience requirement.
B. The mandatory minimum training
requirements that must be met for each license grade and license type are
contained in Table 2.
|
TRAINING HOUR REQUIREMENTS FOR
LICENSE EXAMS
|
|
Course Name
|
Length
|
D-SS
|
D-1
|
D-2
|
D-3
|
D-4
|
T-1
|
T-2
|
T-3
|
T-4
|
|
PWS Rules and SDWA Compliance
|
8 hr
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Basic Water Works Math
|
8 hr.
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Applied Water Works Math
|
8 hr.
|
|
|
X
|
X
|
X
|
|
X
|
X
|
X
|
|
Distribution Basic
|
24 hr.
|
X
|
X |
X |
X |
X
|
|
|
|
|
|
Distribution Intermediate
|
24 hr.
|
|
|
X |
X |
X
|
|
|
|
|
|
Distribution Advanced
|
24 hr.
|
|
|
|
|
X
|
|
|
|
|
|
Treatment Basic
|
24 hr.
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Treatment Intermediate
|
24 hr.
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Treatment Advanced
|
24 hr.
|
|
|
|
|
|
|
|
X
|
X
|
|
Tot. hrs.
|
40
|
40
|
72
|
72
|
96
|
40
|
72
|
96
|
96
|
Table 2
C. Applicants for licensure must meet the
minimum mandatory training requirements prior to sitting for the license exam.
It is the responsibility of the applicant to meet the mandatory training prior
to sitting for an exam. Failure to meet the training requirements for the
license exam grade and type taken will result in the invalidation of the
license exam and forfeiture of the exam fee.
D. The Licensing Committee, after determining
that a required training course is not, and has not been, reasonably available
in a geographical area of the State, may waive the mandatory training
requirement for that course and area, for a specified period of time.
E. All operators sitting for an exam after
January 1, 2003 must meet the required training. Equivalent training attended
prior to this date may be substituted for the required training
requirements.
F. Operators
upgrading a license in good standing will be considered to have the training
required for the license held.
G.
Education substitution for post-secondary degrees will be as follows:
1. Bachelors or Associates of Science or
Applied Science Degree in an applicable physical science may be substituted for
all the minimum training requirements except the Rules Course and the course
required for the specific license examination to be taken.
2. A Bachelors or Associates of Applied
Science in Water and Wastewater Technology may be substituted for the entire
minimum training requirements except the Rules Course.
3. Post secondary degrees used to meet
Education requirements cannot also be used to meet Experience
requirement.
SECTION
VIII. EARN AND LEARN
Pursuant to Act 811 of 2021, an applicant shall receive a water
operator license if they meet the criteria set forth below.
As used in this Rule, "apprenticeship" means a program that
meets the federal guidelines set out in 29 C.F.R. Part 29, as existing on March
1, 2021, and approved by the United States Office of Apprenticeship as meeting
the requirements of an apprenticeship.
A. An applicant for licensure under this Rule
shall provide satisfactory proof of completion of apprenticeship via official
documentation from the apprenticeship program. This documentation may be in the
form of a certificate, diploma, or similar official credential, or letter on
official program letterhead.
B. An
applicant for licensure under this Rule shall provide satisfactory
documentation that the completed apprenticeship program meets the federal
guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and that
the program has been approved by the United States Office of Apprenticeship or
the Arkansas Department of Workforce Services.
C. An applicant for licensure under this Rule
shall meet all the other non-educational requirements for licensure under these
Rules, including sections V., VI., IX., X., XII., and XV.
D. If an applicant is denied a license for
failing to meet the criteria in A-C, the applicant shall be provided the reason
for denial in writing.
SECTION
IX. EXAMINATION REQUIREMENTS
A.
Applicants for licensing shall be examined to determine their skills,
knowledge, ability, and judgment in the safe and proper operation of a public
water system. The examination must consist of validated questions and be
developed utilizing proper exam development procedures and validation
protocols.
B. An individual
desiring to obtain a Water Operator License by examination shall file a license
application, including the required license and exam fees, with the
certification program not later than 60 days preceding the date of examination.
The application will be valid for one year.
C. An individual desiring to be examined
shall be required to provide adequate photographic identification prior to
receiving and when returning an examination. All exams and related materials
must be returned, prior to leaving the exam session. Failure to return the exam
and related materials will result in administrative actions, penalties or
criminal charges.
D. Separate
examinations shall be prepared for each certification classification. For
grades I-IV a separate examination shall be prepared for the water treatment
plant operation license and the distribution facility operation
license.
E. Grade I-IV examinations
shall be written and consist of at least 100 questions. The very small system
examination shall be written and consist of at least 50 questions. All
examinations will be closed book, with math formulas provided.
F. All examinations shall be scored by the
Committee, or by others designated by the Committee, and the applicant shall be
notified of the outcome. The test booklet shall not be returned to the
applicant.
G. Applicants who fail
to pass the examination may repeat the examination at subsequent examination
sessions. An additional examination fee is required for each examination. This
fee must be received 15 days prior to sitting for the exam. An additional
application is not required for repeated examinations, if the examination is
repeated within one (1) year.
SECTION
X. EXPERIENCE REQUIREMENTS
A.
Evaluation of the Experience requirement shall be based on completion of the
following periods of approved work:
|
1.
|
Grade IV Treatment License
Grade IV Distribution License
|
Three (3) years
Three (3) years
|
|
2.
|
Grade III Treatment License
Grade III Distribution License
|
Two (2) years
Two (2) years
|
|
3.
|
Grade II Treatment License
Grade II Distribution License
|
One (1) Year
One (1) year
|
|
4.
|
Grade I Treatment License
Grade I Distribution License
|
Six (6) months
Six (6) Months
|
|
5.
|
Small System Distribution License
|
No experience requirement
|
B. In
order for work to meet the Experience requirement it must be from work or the
supervision of work that is directly related to the license being
obtained.
C. Certain post-secondary
degrees may be substituted for experience credit towards meeting the experience
requirement. The degree must be shown on the license application to be
considered for credit. Experience credit will be allowed as shown in Table 3 at
the end of this section.
D. Post
secondary degree used to meet Experience requirement cannot be used to meet
Education requirements.
|
POST SECONDARY DEGREE EXPERIENCE
CREDIT
|
|
Post Secondary Degree
|
License
|
Experience Allowed
|
License Appropriate Water System Experience
Required
|
|
Bachelor of Science degrees in Engineering, Chemistry,
Biology, or other applicable physical sciences
|
Grade I
|
6 Months
|
Not Applicable
|
|
Grade II
|
9 Months
|
3 Months
|
|
Grade III
|
18 Months
|
6 Months
|
|
Grade IV
|
24 Months
|
12 Months
|
|
Associate of Applied Science Degrees in Water and
Wastewater Technology
|
Grade I
|
6 Months
|
Not Applicable
|
|
Grade II
|
9 Months
|
3 Months
|
|
Grade III
|
18 Months
|
6 Months
|
|
Grade IV
|
24 Months
|
12 Months
|
|
Associate of Applied Science Degrees in Engineering,
Electronics, Environmental Science, or other applicable physical
sciences
|
Grade I
|
6 Months
|
Not Applicable
|
|
Grade II
|
6 Months
|
3 Months
|
|
Grade III
|
9 Months
|
6 Months
|
|
Grade IV
|
12 Months
|
12 Months
|
Table 3
SECTION XI. ISSUANCE OF LICENSES AND PERMITS
A. A license shall not be issued to any
applicant until the education, examination and experience requirements have
been successfully completed, or until the applicant has been successfully
evaluated for reciprocity.
B. An
Operator-In-Training certificate shall be issued to a license applicant when
the experience requirement has not been completed and the license examination
has been successfully completed.
C.
Temporary permits will not be issued. To issue a Temporary Permit to an
unlicensed operator of a public water system the Department must assure that
its issuance will not jeopardize public health and safety. The Department
cannot provide this assurance due to improved knowledge of water borne disease
outbreaks and because Public Water Systems have an increased risk of microbial
contamination.
D. Inactive Licenses
are no longer allowed. Licenses placed in the inactive status, when it was
allowed, may be reinstated at any time, after approval by the Department, by
paying the required reinstatement fees and passing an examination on current
Public Water System Rules, policies, and Safe Drinking Water Act compliance
requirements. The Department shall require license examination be passed to
reinstate the license if the inactive period exceeds ten (10) years.
Examinations may be waived provided the operator can prove through closely
related work that the operator has kept current with present Public Water
System requirements.
SECTION
XII. FEES ESTABLISHED
A.
Examination
The fee shall be $25.00 per examination, the initial exam fee
shall be paid at the time of License Application and all subsequent exam fees
must be received 15 days in advance of the examination.
B. License
The fee shall be $10.00, paid at the time of License
Application.
C. License
Renewal
The fee shall be $10.00 for each two (2) year renewal period
for each license or Operator-In-Training certificate renewed.
D. Penalty for Late Renewal
The fee for penalty for late renewal shall be $5.00.
E. Reciprocity Evaluation
The fee for evaluating an applicant for reciprocity shall be
$25.00 per license evaluated.
F. Reinstatement of Inactive License
The fee for reinstating an Inactive License shall be $10.00 for
each renewal period during which the license has not been active, provided that
the total fee shall not exceed $35.00.
G. Reinstatement of Revoked License
The fee due to revocation shall be $10.00 for each two (2) year
renewal period and $10.00 for a re-issuance of License.
H. Initial Licensure Fee Waiver
1. Pursuant to Act 725 of 2021, an applicant
may receive a waiver of the initial licensure fee, if eligible. Eligible
applicants are applicants who:
a. Are
receiving assistance through the Arkansas, or current state of residence
equivalent, Medicaid Program, the Supplemental Nutrition Assistance Program
(SNAP), the Special Supplemental Nutrition Program for Women, Infants, and
Children (SSNP), the Temporary Assistance for Needy Families Program (TEA), or
the Lifeline Assistance Program (LAP);
b. Were approved for unemployment within the
last twelve (12) months; or
c. Have
an income that does not exceed two hundred percent (200%) of the federal
poverty income guidelines.
2. Applicants shall provide documentation
showing their receipt of benefits from the appropriate State Agency:
a. For Medicaid, SNAP, SSNP, TEA, or LAP,
documentation from the Arkansas Department of Human Services (DHS), or current
state of residence equivalent agency;
b. For unemployment benefits approval in the
last twelve (12) months, the Arkansas Department of Workforce Services, or
current state of residence equivalent agency; or
c. For proof of income, copies of all United
States Internal Revenue Service Forms indicating applicant's total personal
income for the most recent tax year e.g., "W2," "1099," etc.
3. Applicants shall attest that
the documentation provided under (b) is a true and correct copy and fraudulent
or fraudulently obtained documentation shall be grounds for denial or
revocation of license.
SECTION XIII. EXAMINATION SESSIONS
A. Arkansas Water Works and Water Environment
Association District Meeting
The Arkansas Department of Health shall assign personnel to
conduct examinations for applicants for Licenses in each Arkansas Water Works
and Water Environment Association District, upon request, during the months of
July and November, at a predetermined and publicized location and time.
B. Annual Industry Association
Conferences
The Arkansas Department of Health shall assign personnel to
conduct examinations for applicants for Licenses in conjunction with the annual
conferences of all major industry associations, upon request, with time and
place to be publicized.
C.
Other scheduled examination sessions.
The Arkansas Department of Health shall assign personnel to
conduct examinations for applicants for Licenses at other examination sessions
set by the Committee, at a predetermined and publicized location.
D. Special examinations
Any applicant for License may request a special examination to
be given at a date other than the normally scheduled exam session. This request
must be in writing to the Executive Secretary of the Licensing Committee and
should detail the reasons the special examination is needed.
SECTION XIV. LICENSES
A. Issued
On satisfactory fulfillment of the certification requirements
the Executive Secretary of the Committee shall issue a suitable license to the
applicant designating their competency. The license shall state the licensed
individual's name, the license grade and the license number.
B. Permanent
The license shall be permanent unless revoked for cause;
replaced by a higher-grade license; invalidated due to Section XIV, Subsection
A; or invalidated due to obtaining or renewing the license through fraud;
deceit; or the submission of inaccurate qualifications or renewal data.
C. Endorsement
1. Required Qualifications. An applicant
applying for reciprocal licensure shall meet the following requirements:
a. The applicant shall hold a substantially
similar license in another United States jurisdiction.
1) A license from another state is
substantially similar to an Arkansas Water Operator license if the other
state's licensure qualifications require:
a)
High School Diploma or GED
b)
Drinking Water training similar to Table 2
c) Passing of proficiency test meeting
SECTION VIII.A
d) Require Training
instruction for License maintenance similar to SECTION XIV. A
2) The applicant shall hold his or
her occupational licensure in good standing;
3) The applicant shall not have had a license
revoked for:
a) An act of bad faith;
or
b) A violation of law, rule, or
ethics;
4) The applicant
shall not hold a suspended or probationary license in a United States
jurisdiction;
b. The
applicant shall be sufficiently competent in drinking water treatment for
treatment license or water distribution for distribution license; and
c. Applicant should have knowledge and
necessary skills to:
1) Operate and maintain
water treatment plants for treatment license.
2) Operate and maintain water distribution
for distribution license.
3) These
skills will include:
a) Basic algebra,
chemistry and biology knowledge; and,
b) Mechanical and laboratory
aptitude.
2. Required documentation an applicant shall
submit are a fully executed application, the required fee, and the
documentation described below:
a. As evidence
that the applicant's license from another jurisdiction is substantially similar
to Arkansas', the applicant shall submit the following information:
1) Evidence of current and active licensure
in that state. The Committee may verify this information online if the
jurisdiction at issue provides primary source verification on its website or by
telephone to the other's state's licensing board; and
2) Evidence that the other state's licensure
requirements match those listed in 1.a. The Board may verify this information
online or by telephone to the other's state's licensing board.
b. To demonstrate that the
applicant meets the requirements in 1.a.1). through 4)., the applicant shall
provide the Board with:
1) The names of all
states in which the applicant is currently licensed or has been previously
licensed;
2) Letters of good
standing or other information from each state in which the applicant is
currently or has ever been licensed showing that the applicant has not had his
license revoked for the reasons listed in 1.a.3) and does not hold a license on
suspended or probationary status as described in 1.a.4). The Board may verify
this information online if the jurisdiction at issue provides primary source
verification on its website or by telephone to the other's state's licensing
board.
c. As evidence
that the applicant is sufficiently competent in the field of drinking water
treatment for treatment license or water distribution for distribution license,
an applicant shall:
1) Pass an appropriate
grade water treatment or water distribution license exam
d. The following documentation must be
provided:
1) Proof License is
current
2) List of all state
licenses as called for in C.2.b.1)
3) Letters and other documents called for in
C.2.b.2)
3.
Temporary and Provisional License
a. Board
shall issue a temporary and provisional license immediately upon receipt of the
application, the required fee, and the documentation required under C.2.a. and
b.
b. The temporary and provisional
license shall be effective for [at least 90 days] [or] [until the Board makes a
decision on the application], unless the Board determines that the applicant
does not meet the requirements in sections C.1.a. & b. & c., in which
case the provisional and temporary license shall be immediately
revoked.
c. An applicant may
provide the rest of the documentation required above in order to receive a
license, or the applicant may only provide the information necessary for the
issuance of a temporary and provisional license.
D. Reciprocity from State not
Offering Reciprocity to Arkansas Water Operators
1. The Board shall require an applicant to
take the mandatory license training as shown in Table 2 or document
substantially equivalent training to Table 2 requirements if the applicant is
licensed in another state that does not offer reciprocity to Arkansas residents
that is similar to reciprocity provided to out-of-state applicants in A.C.A.
§
17-1-108.
2. Reciprocity in another state will be
considered similar to reciprocity under A.C.A. §
17-1-108 if the reciprocity
provisions in the other state:
a. Provide the
least restrictive path to licensure for Arkansas applicants;
b. Do not require Arkansas applicants to
participate in the apprenticeship, education, or training required as a
prerequisite to licensure of a new professional in that state, except that the
state may require Arkansas applicants to participate in continuing education or
training that is required for all professionals in that state to maintain the
licensure.
c. Do not require
Arkansas applicants to take a state-specific education unless required to do so
under the same conditions described in A.C.A. §
17-1-108.
E. License for Person from State
that doesn't License Water Operators
1.
Required Qualifications. An applicant from a state that does not license
Drinking Water Treatment or Distribution Operators shall meet the following
requirements:
a. The applicant shall be
sufficiently competent in drinking water treatment for treatment license or
water distribution for distribution license; and
b. The applicant must:
1) Meet the mandatory license training as
shown in Table 2
2) Pass an
appropriate grade water treatment or water distribution license exam
3) Fulfill the Experience requirements listed
in Section IX
2. Required documentation an applicant shall
submit are fully executed application, the required fee, and the documentation
described below:
a. As evidence that the
applicant is sufficiently competent in the field of drinking water treatment
for treatment license or water distribution for distribution license, an
applicant shall:
1) Pass an appropriate grade
water treatment or water distribution license exam
2) The applicant must:
a) Document attendance completion of the
mandatory license training as shown in Table 2;
b) Document passing the appropriate grade
water treatment or water distribution license exam; and,
c) Document fulfillment of the experience
requirements listed in Section IX for the license.
F. Automatic
Licensure
1. Definitions
a. "Automatic licensure" means granting the
occupational licensure without an individual having met occupational licensure
requirements provided under the Arkansas Code or by other provisions in these
Rules.
b. "Automatic occupational
licensure" means granting of occupational licensure to an individual who
establishes residency in this state without the individual's having met
occupational licensure requirements provided under this title or by the rules
of the relevant occupational licensing entity.
c. "Uniformed service member" means an active
or reserve component member of the United States Air Force, United States Army,
United States Coast Guard, United States Marine Corps, United States Navy,
United States Space Force, or National Guard; an active component member of the
National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
an active or reserve component member of the United States Commissioned Corps
of the Public Health Service.
d.
"Uniformed service veteran" means a former member of the United States
uniformed services discharged under conditions other than
dishonorable.
2.
Applicability
a. This Rule applies to a:
1) uniformed service member stationed in the
State of Arkansas;
2) uniformed
service veteran who resides in or establishes residency in the State of
Arkansas;
3) The spouse of (1) or
(2) including a:
uniformed service member who is assigned a tour of duty that
excludes the spouse from accompanying the uniformed service member and the
spouse relocates to Arkansas; or,
uniformed service member who is killed or succumbs to his or
her injuries or illness in the line of duty if the spouse establishes residency
in Arkansas.
3. Automatic Licensure
a. Automatic Licensure shall be granted to
persons listed in Section 2(a) if:
1) The
person is a holder in good standing of occupational licensure with similar
scope of practice issued by another state, territory, or district of the United
States and;
2) The person pays the
applicable licensure fees in Section XII.
b. Automatic Occupational Licensure for
Out-of-State Licensure Act, Act 457 of 2023
1)
An applicant shall be eligible for automatic occupational licensure if:
a) The applicant is either:
(i) In good standing for at least one (1)
year for Water Operator License with similar scope of practice issued by
another state, territory or district of the United States; or,
(ii) Has worked for at least three (3) years
in the Water Operator occupation in another state, territory, or district of
the United States that does not use a Water Operator License.
b) The applicant does not have a
disqualifying criminal offense under Ark. Code Ann.
17-3-102 or under any additional
state law relating to the Water Operator licensure;
c) The applicant does not have a complaint,
allegation, or investigation pending in his or her occupational activity in
this state or in the state of the applicant's previous residency where the
Water Operator licensure was granted:
d) The applicant passes an examination
specific to relevant state laws that regulate the Water Operator occupation;
and,
2) The Department
of Health may waive the requirement for the applicant to pass an examination
specific to relevant state laws that regulator Water Operator occupation if the
Department finds that:
a) The combination of
the applicant's education, training, and experience is a sufficient substitute
for the state law examination requirements; and,
b) A waiver by the Department will not harm
public health, safety, or welfare.
3) Upon the applicant being granted automatic
occupational licensure, the applicant shall:
a) Meet all the Water Operator licensure
requirements; and,
b) Meet all
renewal requirements of the Water Operator licensure, including, without
limitation, a criminal background check and continuing education
hours.
c) Pay the licensure fee in
Section XI.A.
4. Credit toward initial licensure
Relevant and applicable uniformed service education, training,
national certification or service-issued credential shall be accepted toward
initial licensure.
5.
Expiration Dates and Continuing Education
a. A
license expiration date shall be extended for a deployed uniformed service
member or spouse for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
b. A uniformed service member or spouse shall
be exempt from continuing education requirements in Section XIV.A for one
hundred eighty (180) days following the date of the uniformed service member's
return from deployment.
c. Any
uniformed service member or spouse exercising the exemption shall provide
evidence of completion of continuing education before renewal or grant of a
subsequent license.
G. Suspension
The Department with the knowledge and approval of the Director
of the Arkansas Department of Health shall suspend a Water Operator's license,
Operator-In-Training certificate or deny issuance of a license or certificate
for cause, including but not limited to when it is found the license holder,
operator in training or applicant:
1.
Has practiced fraud or deception;
2. That reasonable care, judgment, or the
application of their knowledge or ability was not used in the performance of
their duties that resulted in water quality being compromised or any
non-compliance with any state or federal requirement;
3. That the license holder, operator in
training or applicant is incompetent, unable or not willing to perform their
duties properly.
The suspension or denial shall remain in effect until the
Committee reviews the case.
H. Revocation
The Committee shall hold a public hearing into the suspension.
The Department will present their case and the Water Operator will have the
opportunity to present his or her defense. The Committee shall then uphold or
deny the suspension. If the suspension is upheld, the Committee shall report
the findings of the Public Hearing to the Board and recommend the license
remain suspended for a recommended time period or be revoked. The Board shall
then reinstate, suspend or revoke the license.
I. Reinstatement
Any Licensed Water System Operator or Operator-In-Training who
for any reason, other than revocation, desires to have a license reinstated may
request, in a hearing before the Committee; that the Committee re-instate the
license, with or without conditions. If the license is re-instated, payment of
the applicable fees under Section XI, Subsection C and F must be
remitted.
SECTION
XV. MAINTENANCE OF LICENSE
A. In
order to renew a Water Operator License or Operator-In-Training Certificate,
the operator must certify to the Committee the attendance, at a minimum, of
twenty-four (24) hours per two-year renewal period of approved training
instruction. No additional training instruction will be required to renew
additional licenses each renewal period. At least twelve (12) of the approved
hours must be in subjects directly applicable to the field of water supply,
treatment, distribution, pumping, metering, or management; or the study of
approved materials on the same subjects. The remaining twelve (12) hours of
approved training may be indirectly applicable subject matter, such as personal
operator safety, wastewater, plumbing inspection or cross-connection control
certification courses. The various water operator associations' annual and
monthly district meetings will be considered as directly applicable training.
This subsection is effective with the start of the July 1, 2003 to June 30,
2005 renewal period.
B. The Water
Operator is responsible for submitting adequate documentation of the completion
of the required training, at the time of license renewal. This documentation
must include the date, subject, sponsor, and number of approved training hours
for each training session completed and submitted for training
credit.
C. A License that has not
been renewed in accordance with this section, within ninety days after the
license has expired, shall be lapsed and invalid.
D. Any licensee whose License has expired can
request, within one (1) year of the date of expiration, the license be
reinstated by the Department upon documentation of past renewal training
requirements and the payment of the fees as stated in Section XI, Subsection C
and D.
E. A Water Operator license
or Operator-In-Training certificate that has been expired for more than one (1)
year cannot be reinstated. It is necessary for such a license or certificate
holder to reapply and be reexamined according to the requirements for new
applicants.
SECTION XVI.
SPECIAL PURPOSE LICENSE
A special purpose license is authorized for Transient
Non-Community Public Water Systems that utilize groundwater sources that are
Surface Water Influenced Sources. The license shall be restricted to these
systems that utilize cartridge/bag filtration technology. The License exam will
be a modified Small Water System License with specific questions added related
to the very specialized simple to operate water treatment equipment (cartridge
filtration) and microbial inactivation processes, being utilized by these
systems to meet the Safe Drinking Water Act. The Act requires these systems to
be operated by qualified personnel and this license will be used to demonstrate
the operators of these systems meet that requirement.
The license exam shall have a minimum of 50 questions related
to the topics of cartridge/bag filtration technology, microbial inactivation
processes, surface water treatment rules, water distribution questions, and
groundwater sources. Holders of this license shall be required to meet the same
maintenance of license requirements as a Small System Distribution License
holder or attend an Arkansas Department of Health renewal training course, each
renewal period, designed specifically to address this type of system and the
technology to which this license applies.
Operators of these specific systems may also utilize the
Treatment and Distribution Licenses required of Surface Source Transient
Non-Community Public Water Systems.
SECTION XVII. DRINKING WATER ADVISORY AND
OPERATOR LICENSING COMMITTEE
A. The Committee
shall elect a Chair who shall serve for a term of one year. The election shall
occur at the first meeting of the state fiscal year.
B. The Committee shall utilize "Robert's
Rules of Order" as a guide for procedures for conducting business.
C. In the event that more than one person is
appointed to the Committee at a particular Board meeting, the new appointees
shall draw lots to determine which of the vacant terms that each shall
fill.
SECTION XVIII.
MEETINGS
The Licensing Committee shall meet at least once a year and in
special meetings called by the Chair or requested by the Arkansas Department of
Health.
SECTION XIX.
ADMINISTRATIVE PENALTY AUTHORITY
The Arkansas Department of Health shall have the authority to
assess administrative penalties against any individual or any public water
system for failure to comply with any portion of these rules, in accordance
with the requirements of A.C.A §§
20-7-101, et seq, and A.C.A
§§
14-262-101, et seq.
SECTION XXI. SEVERABILITY
If any provision of these Rules, or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of these Rules which can be given effect
without the invalid provisions or applications, and to this end the provisions
hereto are declared to be severable.
CERTIFICATION
This will certify that the foregoing Rules Pertaining to Water
Operator Licensing were adopted by the Arkansas Board of Health at a regular
session of said Board held in Little Rock, Arkansas, on the 26th day of
October, 2023.
Jennifer Dillaha, MD
Secretary of Arkansas State Board of Health
Director of the Arkansas Department of Heahh
(Attachment 1)
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