TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 681 WATER SUPPLY OPERATOR CERTIFICATION SECTION 681.730 SANCTIONS
Section 681.730 Sanctions
a) The decision between revocation and suspension shall be based on the following:
1) The severity of the violations that led to the sanction, including, but not limited to:
A) The frequency or duration of the violations; and
B) The impact on the public water supply's ability to provide water that is assuredly safe in quality, clean, adequate in quantity, and of satisfactory mineral characteristics for ordinary domestic consumption;
2) The recalcitrance of the operator in preventing the recurrence of the violations; and
3) Any other mitigating or aggravating factors.
b) If a Certificate of Competency is suspended, it shall be considered void for a period of time determined by the Director not to exceed 1½ years. The Director shall set the suspension period according to the factors listed in subsection (a). Experience obtained during the period of suspension shall not be credited towards meeting the requirements of Section 681.500 of this Part. At the end of this period, the suspended certificate shall be considered valid until its expiration.
c) If a Certificate of Competency is revoked, the operator cannot reapply for a new Certificate of Competency for a period of not less than 1½ years but not more than four years, as determined by the Director. The Director shall set the revocation period according to the factors listed in subsection (a).
d) After a Certificate of Competency is revoked, an operator cannot be granted a new certificate until after the period set pursuant to subsection (c) has elapsed. In order to obtain a new certificate, the operator must successfully complete a written examination for the class of certificate, sought and meet the requirements of Subpart E. Experience gained prior to revocation shall be credited towards meeting the requirements described in Section 681.500 of this Part. However, any experience obtained during the period set pursuant to subsection (c) will not be credited towards certification. |