Current through March 14, 2024
(a)
Definitions.
"Certificate" means certificate of competency issued by the
Commissioner stating that the operator has met the requirements for the
specified operator classification of the certification program.
"Chief operator" means an individual who is in direct charge of
the operation of a resources recovery facility and who is responsible for
on-site, overall supervision, technical direction, management and performance
of the facility.
"Owner" means the person in possession of or having legal
ownership of the resources recovery facility.
"Permitted capacity" means the capacity of a resources recovery
facility permitted pursuant to section
22a-208
of the General Statutes.
"Person" means any individual, firm, partnership, association,
syndicate, company, trust, corporation, municipality, agency or political or
administrative subdivision of the state, or administrative subdivision of the
state, or other legal entity of any kind.
"Resources recovery facility" means a facility utilizing
processes aimed at reclaiming the material or energy values from municipal
solid wastes: A Type 1 resources recovery facility is a facility permitted
pursuant to section
22a-208
of the General Statutes which reduces the volume of solid waste by material
reclamation; a Type 2 resources recovery facility is a facility permitted
pursuant to section
22a-208
of the General Statutes which reduces the volume of solid waste by energy value
reclamation; and a Type 3 resources recovery facility is a facility permitted
pursuant to section
22a-208
of the General Statutes which reduces the volume of solid waste by both
material and energy value reclamation.
"Shift operator" means the individual who is in direct charge
of the operation of a shift of a resources recovery facility and who is
responsible for on-site supervision, technical direction, management, and
overall performance of the facility during a shift.
(b)
Applicability.
(1) The owner and operators of Type 1
resources recovery facilities shall be subject to the requirements of
subsections
22a-209-6(a),
(b) and (c), inclusive, of the Regulations of Connecticut State Agencies and
the owner and chief and shift operators of Type 2 resources recovery facilities
shall be subject to this section. For a Type 3 resources recovery facility the
owner and operators of the materials reclamation operation shall be subject to
the requirements of subsections (a), (b) and (c) of section
22a-209-6
of the Regulations of Connecticut State Agencies and the owner and chief and
shift operators of the energy value reclamation operation shall be subject to
this section.
(2) Any operator
certified pursuant to subsections (a), (b) and (c) of section
22a-209-6
of the Regulations of Connecticut State Agencies for a Type 2 resources
recovery facility or an operation which reduces the volume of solid waste by
energy reclamation shall be subject to this section and shall apply for
certification within ten days of the effective date of this section.
Certification pursuant to subsection
22a-209-6(b)
shall be valid for no more than ninety days following the effective date of
this section. Failure to apply shall cause forfeiture of certification pursuant
to subdivision (4) of subsection
22a-209-6(b).
(c)
General Policies.
(1) Each owner of a Type 2 or the energy
value reclamation operation of a Type 3 resources recovery facility permitted
pursuant to section
22a-208
of the General Statutes shall employ a chief operator who shall possess a
certificate which qualifies him or her to operate a facility of that class, and
who shall be on-site for supervision for a minimum of 65% of the normal work
year, and who shall be directly responsible for the operation of the facility.
Where shift operation of a facility occurs, each shift shall have the on-site
supervision of a shift operator who is certified for the operation of a
facility of that class. For no more than ninety days following the effective
date of this section, such operation or facility may operate with individuals
certified under subsection
22a-209-6(b)
provided that each shift has on-site supervision of a certified operator 100%
of the time.
(2) Operators with a
particular class certificate are qualified to operate all resources recovery
facilities in that particular class and any lower class.
(3) The owner of a resources recovery
facility must file the name of each certified chief and certified shift
operator with the Commissioner. The owner may replace any certified chief or
certified shift operator with another properly certified individual at any time
and shall notify the Commissioner in writing within ten days of the
replacement.
(4) In the event that
a resources recovery facility loses services of or terminates its certified
chief operator, the owner must notify the Commissioner immediately. The
facility may continue to operate without a certified chief operator for a
maximum of ninety days. For good cause shown, the Commissioner may allow the
facility to operate without a chief operator for a stated period beyond the
ninety day period.
(5) Where shift
operation of a resources recovery facility is required, each shift which does
not have the on-site supervision of the certified chief operator shall have the
on-site supervision of a certified shift operator. During operation a resources
recovery facility shall have the on-site supervision of a certified operator
100% of the time.
(d)
Classification of resources recovery facilities.
The Commissioner shall classify a Type 2 resources recovery
facility and the energy value reclamation operation of a Type 3 resources
recovery facility according to the following:
(1) a Class 1 facility is a facility with a
permitted capacity of more than 600 tons per day; and
(2) a Class 2 facility is a facility with a
permitted capacity of equal to or less than 600 tons per day.
(e)
Qualifications of
resources recovery facility operators.
(1) There shall be two classes of operators
consistent with the classification of resources recovery facilities described
in subsection (d) of this section.
(2) Applicants in the two classifications
shall meet the following general requirements:
(A) be in satisfactory physical condition to
the extent deemed necessary by the Commissioner in order to perform the duties
of a certified chief or certified shift operator;
(B) be able to communicate both orally and in
writing to the extent deemed necessary by the Commissioner in order to perform
the duties of a certified chief or certified shift operator;
(C) produce evidence of satisfactory
completion of educational requirements;
(D) be able to maintain necessary logs and
records of operation and maintenance in a resources recovery facility of the
class for which the application was made; and
(E) produce evidence satisfactory to the
Commissioner of ability and experience in supervising workers and dealing with
regulatory agencies and the public to a degree consistent with the requirements
of the class for which the application was made.
(3) Requirements.
(A) Class I Chief Operator.
The qualifications of a Class I Chief Operator shall be
education, training and practical experience consisting of at least four years
of higher education in a field which the Commissioner determines is
sufficiently related to the operation of a resources recovery facility and not
less than two years of experience satisfactory to the Commissioner having
responsibility for the on-site supervision of the operation of a Class I
resources recovery facility.
(B) Class II Chief Operator.
The qualifications of a Class II Chief Operator shall be
education, training and practical experience consisting of at least three years
of higher education in a field which the Commissioner determines is
sufficiently related to the operation of a resources recovery facility and not
less than one year of experience satisfactory to the Commissioner having
responsibility for the on-site supervision of the operation of a Class II
resources recovery facility.
(C) Class I Shift Operator.
The qualifications of a Class I Shift Operator shall be
education, training and practical experience consisting of a high school
diploma or its equivalent and not less than two years of experience
satisfactory to the Commissioner in the operation of a Class I resources
recovery facility.
(D)
Class II Shift Operator.
The qualifications of a Class II Shift Operator shall be
education, training and practical experience consisting of a high school
diploma or its equivalent and not less than one year of experience satisfactory
to the Commissioner in the operation of a Class I or Class II resources
recovery facility.
(4) Substitutions for formal education
requirements.
Classes I and II Chief Operator qualifying substitution is one
year of experience acceptable to the Commissioner having responsibility for the
on-site supervision of a boiler plant operation with a capacity of at least
100,000 pounds of steam per hour at a minimum of 150 psig and at least 20
degrees F of superheat may be substituted for one year of higher
education.
(5)
Substitutions for experience requirements.
(A)
Class I Chief Operator qualifying substitution is two years of related
experience approved by the Commissioner can be substituted for one year
experience in the on-site supervision of a Class I resources recovery
facility;
(B) Class II Chief
Operator qualifying substitution is two years of related experience approved by
the Commissioner can be substituted for one year experience in the on-site
supervision of a Class II resources recovery facility;
(C) Classes I and II Shift Operator
qualifying substitution is two years of related experience approved by the
Commissioner can be substituted for one year experience in the actual operation
of a resources recovery facility;
(D) Experience applied in substitution for an
education requirement cannot also be applied to the experience
requirement.
(f)
Application for
certification.
(1) Any person desiring
to be certified shall file an application on forms prescribed and provided by
the Commissioner. The Commissioner shall acknowledge receipt of a complete
application to the applicant within fourteen days by certified mail.
(2) The Commissioner shall review
applications and supporting documents, determine the eligibility of the
applicant and notify the applicant of his or her status in writing by certified
mail within sixty days of acknowledgement of receipt of a complete application.
When the applicant is not notified within sixty days, the applicant shall be
considered denied unless otherwise notified by the Commissioner.
(3) Within twenty days of receipt of
notification that an application has been denied or after sixty days from
acknowledgement of a complete application without notification of status, the
applicant may request a hearing, and such hearing shall be held if requested.
The hearing shall be conducted in accordance with Chapter 54 of the General
Statutes and section
22a-3a-1 of the
Regulations of Connecticut State Agencies.
(g)
Examinations and
instruction.
(1) The Commissioner may
require the successful completion of instruction or examination or both in
solid waste management and related pollution controls to maintain
certification. Instruction may consist of on-the-job or classroom instruction,
or a combination of both and examination may be written or oral, or a
combination of both.
(2) The
Commissioner shall give at least thirty days prior notice of the date, time,
place and subject matter of the instruction or examination.
(3) If necessary, separate instruction or
examinations may be prepared to account for basic differences in the duties and
responsibilities.
(h)
Issuance of cetificate.
(1) Upon
satisfactory fulfillment by an applicant of the requirements of this section,
the Commissioner shall issue to the applicant a certificate designating his or
her competency. The certificate shall indicate the class and type of resources
recovery facility for which the operator is certified. The certificate shall be
prominently displayed in the office of the facility.
(2) Valid certificates shall be subject to
renewal every five years from the date of issuance. Any certified chief or
shift operator employed as such less than three years in the first five years
of certification or in any five year renewal period thereafter shall forfeit
certification status.
(3)
Certificates may be issued in a comparable classification to a person holding a
current certificate issued by a jurisdiction other than the State of
Connecticut if in the judgment of the Commissioner the requirements for
certification of operators under which such person's certificate was issued are
at least equivalent with the provisions of this section.
(4) Upon written request of the owner of a
resources recovery facility, the Commissioner may issue a provisional
certificate of proper classification to a person who is a chief operator or
shift operator on the effective date of this section and who does not meet the
minimum requirements of subsection (e). Such a provisional certificate shall be
valid for no more than ninety days for the facility in which the operator was
employed at the time the certificate was issued.
(i)
Revocation of certificate.
The Commissioner may revoke the certificate of an operator when
it is determined that the operator obtained a certificate through fraud, deceit
or the submission of inaccurate data on qualifications; has practiced fraud or
deception in the performance of his or her duties; that reasonable care,
judgment or the application of his or her knowledge or ability was not used in
the performance of his or her duties. The Commissioner shall give prior written
notice of revocation to the certified operator and the owner of the resources
recovery facility setting forth the reasons for the Commissioner's proposed
action. Within twenty days of receipt of notification the operator may request
a hearing, and such hearing shall be held if requested. The hearing shall be
conducted in accordance with Chapter 54 of the General Statutes and section
22a-3a-1 of the
Regulations of Connecticut State Agencies.
(j)
Advisory committee.
(1) The Commissioner shall appoint an
advisory committee not exceeding nine persons: Three members shall be chief or
shift operators; two shall be members of the staff of the Department of
Environmental Protection whose regular duties involve solid waste facility
operation; one shall be an educator familiar with operating training; and one
shall be a designer of resources recovery facilities. Any other member shall be
appointed at the discretion of the Commissioner. The lack of a fully
constituted committee shall not invalidate any requirement or provision of this
section.
(2) Each member of the
committee, with the exception of the members from the Department, who shall
serve at the discretion of the Commissioner, shall be appointed for a three
year term, except in the case of the initial appointment. For the initial
appointment, one of the operators shall be appointed for two years, one of the
operators and the educator shall be appointed for one year. The individual
members of the advisory committee, with the exception of the representatives of
the Department of Environmental Protection, shall serve no more than two
consecutive three year terms. The committee may adopt and amend by a majority
vote such by-laws as it deems necessary to conduct its business.
(3) The advisory committee shall serve
without compensation and shall meet at the discretion of the
Commissioner.
(4) The committee
shall advise and assist the Commissioner in administering the certification
program in the following manner as requested:
(A) review the classification of the solid
waste facilities;
(B) encourage
other operators in addition to those required by virtue of their
responsibilities as chief or shift operators to become certified;
(C) promote regular solid waste facilities
operator training schools and programs;
(D) review and assist in the preparation of
written or oral examinations;
(E)
review revocations of certificates;
(F) review applicant
qualifications.