Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities
Rule 11-4-8.3 - Certification Requirements
Universal Citation: MS Code of Rules 11-4-8.3
Current through September 24, 2024
A. Qualifications for Commercial Solid Waste Landfill Operator Certification
(1) An applicant may receive a certificate of
competency as a Commercial Landfill Operator from the Commission if the
applicant is a graduate of an accredited high school or an equivalent (GED)
program, has at least five (5) years of experience in landfill operation, and
has passed a Commission approved written examination pursuant to paragraph E.1
of this rule. An applicant may receive credit from the Department for
experience and education as follows:
(a) An
applicant seeking commercial landfill operator certification under paragraph
A.1 of Rule 8.3 who has completed additional years of education beyond a high
school diploma or GED may receive partial credit for deficiencies in their
experience, not to exceed three (3) years per degree completed. Such education
should be in the field of engineering or engineering technology, biology,
chemistry, geology, physics or other natural sciences. Other degrees may be
considered based upon the curriculum's applicability to landfill operations as
determined by the Department.
(b)
An applicant seeking commercial landfill operator certification under paragraph
A.1 of Rule 8.3 that has obtained comparable work experience in areas that are
not directly related to landfill operations, may request that the Department
review and consider such work experience to account for up to three (3) years
of credit for required work experience. Comparable work experience could
include work in other areas of solid waste management, work with other types of
pollution control technology, work with equipment commonly used in landfill
operations, or other similar work activities. The relevance of such experience
as well as the amount of credit the applicant may receive shall be determined
by the Department on a case by case basis, based upon the comparability to
skills used in landfill operations.
(c) In no case, shall the applicant be
considered for certification with less than one year of direct experience in
landfill operations.
(2)
An applicant that is seeking certification to operate a commercial
non-municipal solid waste landfill may request that the Department allow the
applicant to seek certification under Rule 8.3(B)(1)(a) of these regulations
where the affected landfill operations are more comparable to a rubbish
site.
B. Qualifications for Commercial Class I Rubbish Site Operator Certification
(1) An applicant may receive a certificate of
competency as a Class I Rubbish Site Operator from the Commission if:
(a) the applicant is a graduate of an
accredited high school or has obtained an equivalent (GED), has at least one
(1) year of experience in the operation of a rubbish site or other comparable
disposal site, and has passed a Commission approved written examination
pursuant to paragraph E.1 of Rule 8.3.
(b) the applicant currently holds a valid
certificate of competency as a Commercial Solid Waste Landfill Operator and has
passed the Rubbish Site Operator Examination pursuant to paragraph E.1 of this
rule.
(c) the applicant is the
operator of an existing class I rubbish site in Mississippi open and receiving
waste on June 30, 2005. Such certification shall be valid only until June 30,
2006 and only for operating the facility at which he/she was employed on June
30, 2005, and shall not be renewable.
(d) the applicant is the operator of a new
commercial class I rubbish site expected to open in Mississippi prior to the
Commission's initial examination date, provided that the person has graduated
from an accredited high school or equivalent (GED)program, and has at least one
(1) year of experience operating a rubbish site. Such certification shall only
be valid until June 30, 2006 and shall not be renewable.
(2) An applicant may receive credit for the
experience and educational requirements of paragraph B.1.(a) as follows:
(a) An applicant seeking class I rubbish site
operator certification under paragraph B.1 of this rule who has completed
additional years of education beyond a high school diploma or GED may receive
up to 6 months of credit for deficiencies in their work experience. The award
of such credit will be based upon the applicability of the curriculum to solid
waste disposal operations as determined by the Department.
(b) An applicant seeking class I rubbish site
operator certification under paragraph B.1 of Rule 8.3 that has obtained
comparable work experience in areas that are not directly related to rubbish
site operations, may request that the Department review and consider such work
experience to account for up to one (1) year of credit for required work
experience. The relevance of such experience as well as the amount of credit
the applicant may receive shall be determined by the Department on a case by
case basis, based upon the comparability to skills used in rubbish site
operations.
(3) Only one
(1) operator per facility may be certified under paragraphs B(1)(c) or (d) of
Rule 8.3.
C. Terms of Certification. A certificate of competency issued by the Commission under these regulations shall be valid for three (3) years, unless otherwise revoked or invalidated for just cause.
D. Application for Certification
(1) An applicant
seeking certification shall submit an application to the Department on a form
provided by the Department for review and determination of
eligibility.
(2) The Commission
shall issue certificates of competency when the applicant meets the minimum
qualifications and requirements of these regulations.
(3) The Commission may deny an application if
the applicant has not complied with all the provisions of these regulations and
with all other applicable Federal, State, and local statutes and regulations or
has submitted inaccurate or false information in the application, or has
submitted incomplete application forms after being notified in writing by the
Department that the application is incomplete. The Commission shall make a
determination regarding issuance or denial of the certificate based upon the
information contained in the application, the applicant's actions during any
prior term of certification, and any other pertinent information that is
available to the Commission.
E. Examinations
(1) An applicant must pass a written
examination developed, prepared, and given by the Commission, or developed,
prepared, and given by another organization that is approved by the
Commission.
(2) An applicant who
fails to pass an examination may repeat the examination at the next regularly
scheduled examination date.
(3)
Examination papers will not be returned to the applicant.
(4) An applicant who fails to pass an
examination given by the Commission may review his/her examination by
submitting a written request to the Department within thirty (30) days
following notification of the exam grade. An applicant who fails an exam
administered by a Commission approved organization is subject to the guidelines
of that organization.
Miss. Code Ann. §§ 17-17-1, et seq. 17-17-201, et seq., 21-27-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., and 49-17-1, et seq.
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