Current through Register Vol. 39, No. 6, September 16, 2024
(a) Temporary
certificates, of any type and grade, may be issued by the Commission to the
operator of a water pollution control system, for a period not to exceed one
year, due to:
(1) the vacancy of the Operator
in Responsible Charge (ORC) or the Back-up Operator in Responsible Charge
(Back-up ORC);
(2) the suspension
or revocation of the certification of the Operator in Responsible Charge (ORC)
or the Back-up Operator in Responsible Charge (Back-up ORC);
(3) a change in the classification of the
system due to a permit modification or the completion of an upgrade or
expansion; or
(4) a modification to
Commission rules.
(b)
Temporary Certificates shall only be issued for the Operator in Responsible
Charge (ORC) or the Back-up Operator in Responsible Charge (Back-up ORC) of the
system specified on the application.
(c) All applications for a temporary
certificate must:
(1) be submitted by the
owner of the system for the applicant;
(2) be accompanied by the required fee;
and
(3) include a letter from the
owner that contains:
(A) an explanation for
the need of a temporary certificate for the applicant;
(B) an explanation of all of the efforts that
were made to employ an operator who possessed the required
certification;
(C) a statement
designating the applicant as either the Operator in Responsible Charge (ORC) or
Back-up Operator in Responsible Charge (Back-up ORC) of the system;
and
(D) a plan that describes the
actions that:
(i) the applicant will pursue
in order to attempt to obtain permanent certification during the effective
period of the temporary certificate; and
(ii) the owner of the system will be pursuing
in the event that the applicant fails to obtain permanent certification during
the effective period of the temporary certificate.
(d) Applicants for a
temporary certificate must:
(1) Either:
(A) for biological or collection system grade
II or higher operator certification, possess a valid certificate of the same
type as the system and that is no more than one grade lower than the
classification of the system when applying as an Operator in Responsible Charge
(ORC) and no more than two grades lower than the classification of the system
when applying as a Back-up Operator in Responsible Charge (Back-up ORC);
or
(B) for a Grade I biological,
Grade I Physical/Chemical, Grade I Collection, Surface Irrigation, Land
Application, or Subsurface Water Pollution Control System; have a minimum of
three months of actual experience in the operation of the type of system for
which a temporary certificate is being applied if the temporary certificate is
requested.
(2) be
eligible for permanent certification prior to the expiration date of the
temporary certificate;
(3) not have
made three previous unsuccessful attempts to make a passing score on the same
type and grade examination as the temporary certificate; and
(4) have never relinquished, nor had revoked,
any water pollution control operator certificate issued by the
Commission.
(e)
Applicants who obtain a temporary certificate by providing false information to
the Commission shall be subject to disciplinary action(s) as set forth in
Section .0800 of this Subchapter.
Authority
G.S.
90A-40;
90A-42;
Eff. April 1,
1999;
Amended Eff. December 1, 2006;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. July 26,
2015.
