401 KAR 8:030. Water treatment plants; water distribution systems; certification of operators.

401 KAR 8:030. Water treatment plants; water distribution systems; certification of operators.

RELATES TO: KRS Chapters 223, 224

STATUTORY AUTHORITY: KRS 223.160-223.220, 224.10-100, 224.10-110

NECESSITY, FUNCTION, AND CONFORMITY: KRS 223.160-223.220 establishes a board of certification and authorizes the cabinet to establish a program requiring certification of water system operators. KRS 224.10-110 directs the cabinet to enforce administrative regulations adopted by the secretary for the regulation and control of the purification of water for public and semipublic use and for the certification of water plant operators. This administrative regulation establishes standards for classification of water treatment plants and water distribution systems; qualifications of applicants; examination procedures; duties of the Kentucky Board of Certification of Water Treatment Plant and Water Distribution System Operators; and provisions relating to the issuance and renewal of certificates; disciplinary actions; and other provisions necessary for the certification of operators. The Safe Drinking Water Act Amendments of 1996, enacted August 6, 1996 (PL 104-182), include a provision for the certification of operators of public water systems. The regulations to implement the federal law are required no later than thirty (30) months after enactment of the federal law. Therefore, there are no federal regulations and this administrative regulation is not more stringent than the federal law or regulation.

Section 1. General Provisions. (1)(a) Each public water system shall ensure that each component of the system is operated according to the provisions of KRS Chapters 223 and 224 and the administrative regulations of this chapter.

(b) Each public water system shall operate its water treatment plant and water distribution system under the supervision of a certified operator who is in direct responsible charge of the system. Certified operators are not required for semipublic water systems.

(c) All certified operators in direct responsible charge shall hold a valid certificate in a class equal to or higher than that required for the system under his supervision. A certified operator may be an individual who has been assigned responsibility for the operational procedures performed at the plant, or may be a person who is supervising others in the performance of operational procedures at the plant.

(2) Staffing requirements.

(a) Water distribution systems. Operational procedures performed within water distribution systems shall be conducted by or under the supervision of a distribution system operator certified in a class equal to or higher than the class of the system.

(b) Combination water treatment plants and water distribution systems. Operational procedures at all Class IA-D, IB-D, and IIB-D water systems shall be conducted by or under the supervision of a certified water system operator who holds a valid combination or separate water treatment and distribution system operator certificate of the appropriate class and who is in direct responsible charge of the system.

1. Class IIA. Operational procedures at a Class IIA water treatment plant shall be conducted by a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIA who is in direct responsible charge of the plant and is physically located on the premises of the water treatment plant during the daytime shift or is otherwise performing system-related duties. Operational procedures conducted during other shifts shall be conducted by or under the supervision of a Class IIA, IIIA, or IVA certified water treatment plant operator.

2. Class IIIA. Operational procedures at a Class IIIA water treatment plant shall be conducted by a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIIA who is in direct responsible charge of the plant and is physically located on the premises of the water treatment plant when water is being treated or is otherwise performing system-related duties.

3. Class IIIB. Operational procedures at a Class IIIB water treatment plant shall be conducted by or under the supervision of a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIIB who is in direct responsible charge of the system.

4. Class IVA. Operational procedures at a Class IVA water treatment plant shall be conducted by a certified water treatment plant operator who holds a valid Class IVA certificate who is in direct responsible charge of the plant and is physically located on the premises of the water treatment plant when water is being treated or is otherwise performing system-related duties. Class IVA water treatment plants that treat water during more than one (1) shift per day may use a Class IIIA operator for the additional shifts, if the Class IVA operator in direct responsible charge is on call and is able to respond on site within thirty (30) minutes.

5. Class IVB. Operational procedures at a Class IVB water treatment plant shall be conducted by or under the supervision of a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IVB who is in direct responsible charge of the system.

(3) Certifiable personnel. Persons who are under the supervision of the operator in direct responsible charge are encouraged to and may become certified by the cabinet if they meet the requirements of Section 8 of this administrative regulation and pass the appropriate examination of the requested class. This provision shall apply only to personnel who have hands-on drinking water treatment or distribution system experience.

(4) Production personnel. On-site laboratory or distribution personnel and others who have significant routine input into the treatment or distribution of potable water may be certified if they demonstrate to the satisfaction of the cabinet that they meet the education and experience requirements and possess the technical and practical knowledge to perform the procedures involved in the operation of a water treatment plant or water distribution system.

(5) A public water system may fulfill the staffing requirements of this section by securing a contract operator or an operations firm. If a public water system secures a contract operator or operations firm to operate a treatment plant or distribution system, the public water system shall provide the following information to the cabinet:

(a) Name, mailing address, and telephone number of:

1. The certified operator or contract operations firm; and

2. Principal contact within the firm for certification activities, if different;

(b) Name and certificate type and number for each certified operator;

(c) Facility name, public water supply identification number, and county location of each system for which the operator is assuming responsibility;

(d) Effective date and expiration date of the contract; and

(e) Duties and responsibilities to be performed by each party involved.

(6) Certificate display. If a public water system office is available at the water treatment plant or within the distribution system, each operator's certificate shall be prominently displayed.

(7) Wallet card. Certified operators shall carry the wallet card issued by the cabinet in accordance with Section 4(1) of this administrative regulation showing current certification status while on duty.

(8) Reporting requirements.

(a) Each public water system shall notify the cabinet in writing within thirty (30) calendar days of certified operator employment changes.

(b) Certified operators shall notify the cabinet within thirty (30) calendar days of employment or mailing address changes. Employment change information shall include the name and identification number of the public water system, the effective date of the change, and whether the operator is assuming or relinquishing responsibility for the plant or system.

Section 2. Duties of the Board. In carrying out its responsibilities and with consideration given to the minimum standards and guidelines of the ABC, the board may:

(1) Examine the qualifications of applicants and recommend qualified applicants to the cabinet for certification;

(2) Review and approve substitutions for education and experience requirements;

(3) Review and assist the cabinet in the preparation of examinations;

(4) Review and provide comments to the cabinet on proposed drinking water operator certification administrative regulations;

(5) Review and provide comments to the cabinet on proposed training courses and seminars designed to provide continuing education to certified operators;

(6) Review evidence and advise the cabinet regarding disciplinary actions for certified operators who fail to comply with the applicable laws and administrative regulations of the Commonwealth;

(7) Review the certification administrative regulations of states which are seeking reciprocity with the Commonwealth; and

(8) Review and provide comments to the cabinet on proposed fees for training and certification of operators.

Section 3. Application and Examinations for Certification. (1) Application. An individual desiring to be certified shall file an application with the cabinet and pay the applicable fee specified in 401 KAR 8:050, Section 3. Application shall be made on the form entitled "Drinking Water or Wastewater Operator Certification Application" provided by the cabinet and incorporated by reference in Section 9 of this administrative regulation. Application shall not be filed with the cabinet until the individual has met the minimum qualifications required in this administrative regulation.

(2) Examinations. The board and cabinet shall be jointly responsible for preparation of the examinations which shall be used in determining knowledge, ability and judgment of the applicants. The cabinet shall administer written exams unless the cabinet and board grant a waiver to allow an oral exam. Oral exams may be administered to applicants who meet the minimum qualifications outlined in Section 8 of this administrative regulation. The cabinet shall grade the examinations and notify the applicant of the outcome. Applicants shall achieve a score of at least seventy (70) percent to pass the examination. Examinations shall not be returned to the applicant, but results may be reviewed with a member of the board or cabinet upon written request by the applicant.

(3) Scheduling examinations. Examinations shall be conducted at least semiannually at places and times set by the cabinet. The cabinet shall provide advance announcement of these examinations.

(4) Examination content. The cabinet shall prepare examinations to address the basic differences in the duties and responsibilities of certified operators, treatment processes, drinking water standards, surface and groundwater source characteristics and other pertinent matters.

(5) Applicant's conduct. Applicants found cheating shall be subject to disciplinary action including a final score of zero on the examination, denial of future applications for certification, or the provisions of Section 5 of this administrative regulation.

(6) Confidentiality of examinations. Examination questions shall be confidential. Any person who copies questions, removes all or part of any examination, or reveals all or part of any examination for unauthorized use shall be denied certification, be subjected to the sanctions identified in Section 5 of this administrative regulation, or be liable for civil and criminal penalties pursuant to KRS 223.991 or 224.99-010.

(7) Qualified applicants, other than those specified in subsection (5) or (6) of this section, who fail to pass an examination may register to take the examination on a regularly scheduled examination date.

Section 4. Issuance of Certificates. (1) Certification. Upon satisfactory fulfillment of the requirements of this administrative regulation and upon recommendation of the board, the cabinet shall issue a certificate and a wallet card to the applicant designating the classification of the water treatment plant or water distribution system for which the operator has demonstrated competency.

(2) Duration and renewal of certificates.

(a) Certificates for all certified operator classes, except the limited classification as identified in Section 6(5) of this administrative regulation, shall be issued with a common expiration date of June 30 of even-numbered years, and shall remain valid until that date, unless suspended or revoked for cause. Certificates issued between January 1 and June 30 of an even-numbered year will be issued to include the next two (2) year renewal period.

(b) Certificates shall expire on June 30 of even-numbered years if not renewed. Operators with expired certificates shall not be in direct responsible charge of a public water system.

(c) Renewals. Certificates shall be renewed without examination, if the certified operator has a valid certificate; upon completion of the required, board-approved continuing education hours outlined in subsection (7) of this section and upon submittal of a complete renewal application and applicable fees specified in 401 KAR 8:050, Section 3. Operators desiring renewal shall apply on the form entitled "Application for Certificate Renewal" provided by the cabinet and incorporated by reference in Section 9 of this administrative regulation by June 30 of even-numbered years. Expired certificates shall continue in force pending administrative processing of a renewal, if the certified operator has a valid certificate and has complied with all the renewal requirements of this subsection and subsection (7) of this section by June 30 of the renewal year. Certificates continued under this paragraph remain fully effective and enforceable.

(d) Limited certificates shall expire on June 30 of each year. The cabinet shall renew the limited certificate upon receipt of the renewal application if the certified operator has complied with all requirements for proper operation of the facility under his direct responsible charge and has submitted a written application and applicable fees specified in 401 KAR 8:050, Section 3.

(3) Certification for a higher classification. Certified operators who desire to become certified in a higher classification shall satisfactorily complete the requirements of Sections 3 and 8 of this administrative regulation for the higher classification.

(4) Certificates shall be valid only while the holder uses reasonable care, judgment, and application of his knowledge in the performance of his duties. Certificates shall not be issued or valid if obtained through fraud, deceit or the submission of inaccurate data on qualifications.

(5) Termination of a certificate.

(a) If a certified operator fails to renew his certificate, the certificate shall terminate one (1) year after its expiration date. Limited certificates shall terminate on December 31 of the renewal year if they are not renewed. Once a certificate has terminated, an operator shall apply, pay applicable fees and pass an examination in the classification for which he is qualified to be certified.

(b) Operators holding a certificate with an expiration date of June 30, 1994, on October 7, 1996 may renew the certificate by fulfilling the renewal requirements specified in subsections (2)(c) and (7) of this section for each renewal period by June 30, 1997.

(6) Reciprocity. Certificates may be issued in a comparable classification, without examination, to a person who holds a valid certificate in a state, territory, or possession of the United States, or a country, if:

(a) The applicant filed a complete application as required in Section 3(1) of this administrative regulation;

(b) The certificate was earned by passing an examination in the reciprocal state;

(c) The requirements for certification under which the certificate was issued are no less stringent than the provisions of KRS Chapters 223 and 224 and this administrative regulation; and

(d) Reciprocal privileges are granted to certified operators of the commonwealth.

(7) Training requirements.

(a) Certified operators shall accumulate continuing education credits approved by the cabinet or board, prior to applying for certificate renewal. Class I and II certified operators shall complete twelve (12) hours of training for certificate renewal. Class III and IV certified operators shall complete twenty-four (24) hours of training for certificate renewal. The requisite training shall be completed for each renewal during the two (2) year period immediately prior to the certificate expiration date. Training includes correspondence courses, short courses, trade association meetings, and on-the-job training courses.

(b) Certified operators holding separate treatment and distribution certificates shall complete the training hours for recertification required for only the highest certificate in lieu of the continuing education requirements specified for both certificates in paragraph (a) of this subsection.

(c) Certified operators who teach board-approved training courses shall receive, upon approval of the board, hour-for-hour credit for actual instruction time.

(d) The criteria for determining whether to approve training, other than the training provided by the cabinet, are:

1. The ability of the course to provide information that will enhance the proper operation and maintenance of water treatment and distribution systems; and

2. The ability of the instructor to properly present the information.

3. In making its determination regarding approval of training courses, the cabinet and board shall require that the following information be submitted for review: the course name; the date, location and a timed agenda for the course; the credit hours being requested; a summary of the course content of sufficient detail to determine relevance and quality of the course; and the name and credentials of each instructor for the course.

4. The board or cabinet may attend and evaluate, or cause to be evaluated, all board-approved courses.

(e) All course administrators who provide board-approved training shall maintain records on each board-approved course conducted and shall submit the information in the records to the cabinet within thirty (30) days of the conclusion of the course. The information shall include:

1. The course name;

2. The course number assigned by the cabinet;

3. The class date and location;

4. The name, certificate type and number, and hours attended by each operator; and

5. The course administrator's signature.

Section 5. Disciplinary Action. (1) A certified operator shall be subject to a disciplinary action identified in this section if the cabinet, in consultation with the board according to this section, determines that the individual has:

(a) Willfully or negligently violated or caused a violation of this administrative regulation;

(b) Submitted false or misleading information on any document provided to the cabinet, including applications for certification or renewal;

(d) Used fraud or deception in the course of employment as an operator;

(e) Failed to use reasonable care or judgment in the course of employment as an operator, failed to apply knowledge or ability in the performance of duties, was incompetent in the performance of duties, or was unable to properly perform duties;

(f) Willfully or negligently caused or violated the requirements of KRS Chapters 223 or 224 or 401 KAR Chapter 8; or

(g) Willfully or negligently falsified or failed to maintain or submit, records required by 401 KAR Chapter 8.

(2) Sanctions. The disciplinary action shall be determined by the cabinet in accordance with the review procedures in subsection (3) of this section, and may take the form of the following sanctions according to subsection (4) of this section, depending on the severity, duration, and number of the violations. The sanctions may include:

(a) Probation for a specified period of time, not to exceed one (1) year;

(b) Suspension of the operator's certificate for a specified period of time, not to exceed one (1) year, during which the certificate shall be considered void;

(c) Temporary or permanent revocation of the operator's certification (temporary revocations shall not be less than one (1) year or more than four (4) years in duration); and

(d) Civil or criminal penalties against the operator.

(3) Initial review procedures. Written complaints received by the board or cabinet on a certified operator, unless duplicitous or frivolous, shall be reviewed at the next regularly scheduled board meeting. If the charges warrant further investigation, the certified operator may be advised to appear before the board to discuss the charges levied. Upon completion of the review, the board shall make a recommendation to the cabinet regarding the operator's certification status. The board may recommend that no action be taken or that the cabinet impose a sanction identified in subsection (2) of this section, or any other action.

(4) Cabinet action. The cabinet shall review the evidence presented and the board's recommendations. Upon completion of the review, the cabinet shall initiate the recommended action or notify the board as to why an alternative action was taken. The certified operator and his employer shall be advised by certified mail of the action, the reasons outlined for the action, and the length of time for which the sanction shall apply. A certified operator whose certificate has been suspended or revoked shall not perform direct responsible charge operator duties during the period that the disciplinary action remains in effect. If a certification is permanently revoked, the operator shall be ineligible for future certification as a water treatment plant or distribution system operator. Experience gained during a suspension or temporary or permanent revocation shall not be included toward meeting the requirements of Section 8 of this administrative regulation. An action taken by the cabinet pursuant to this administrative regulation shall not preclude the cabinet from pursuing additional civil or criminal action.

(5) Sanction review and removal. During the operator's probation, suspension, or temporary revocation, the board and cabinet shall monitor the operator's work activities. At the end of the sanction period, the board will recommend to the cabinet whether the sanction should be lifted or whether additional action is necessary against the certified operator.

(6) Appeal procedures. An operator who considers himself aggrieved by the disciplinary action may file a petition for hearing with the cabinet pursuant to KRS 224.10-420(2).

Section 6. Classification of Water Treatment Plants and Water Distribution Systems. The classification system shall be structured with four (4) classes of water treatment plants, Class I, II, III, or IV, which includes two (2) subclasses of treatment types, A or B, and four (4) classes of water distribution systems, Class I, II, III, or IV. Class IV is the highest class and subclass A is the highest subclass. Combined treatment and distribution classifications also exist for Class I and II systems: Class IA-D, IB-D, and IIB-D. The class structure relates to and corresponds with the operator classifications outlined in Section 7 of this administrative regulation. Operators with separate treatment and distribution certifications may supervise a facility with a combined classification if the certifications are equal to or higher than the system classification.

(1) Public water system classifications shall be established in accordance with the classes listed in subsections (2) and (3) of this section.

(a) However, the cabinet may make changes in system classifications in accordance with needs created by particular complexities of a public water system by reason of special features of design, or by reason of a source of supply that has characteristics that may make operation more difficult than normal, or a combination of these conditions. Due notice of a change shall be given to the owner of the public water system.

(b) The cabinet shall reclassify a nontransient noncommunity water system that treats water primarily for its industrial process with limited employee use if the calculated portion not used for the industrial process averages less than ten (10) percent of the average daily production averaged over the most recent twelve (12) months.

(2) Water treatment plants or systems shall be classified as one (1) of four (4) classes, based on the cabinet-assigned design capacity for finished water production that the treatment plant is able to produce in twenty-four (24) continuous hours of production, taking all limiting factors into consideration, and the treatment process employed. Public water systems with more than one (1) treatment plant shall have each treatment plant classified in accordance with this section, and each plant shall be operated in accordance with Section 1 of this administrative regulation.

(a) The treatment plant classifications and designated capacities shall be:

1. Class I: all treatment plants which have an assigned design capacity of less than 50,000 gallons of water per day;

2. Class II: all treatment plants which have an assigned design capacity of 50,000 or more gallons of water per day but less than 500,000 gallons per day;

3. Class III: all treatment plants which have an assigned design capacity of 500,000 or more gallons of water per day but less than 3,000,000 gallons per day; and

4. Class IV: all treatment plants which have an assigned design capacity of 3,000,000 or more gallons of water per day.

(b) Each class shall be subdivided according to the type of treatment used by the plant. The subclasses shall be:

1. A: water treatment plants which use gravity filtration, except slow sand filtration as described in 401 KAR 8:150, as a part of their treatment scheme; and

2. B: water treatment plants which use treatment processes other than gravity filtration. This includes the use of slow sand filtration as described in 401 KAR 8:150 for Class I and II water treatment plants.

(c) Combination treatment and distribution system classifications. Class IA-D, IB-D, and IIB-D systems shall be classified as combined treatment and distribution systems.

(3) Water treatment plant or system classifications.

(a) Class I.

1. Class IA-D. Systems which have an assigned design capacity of less than 50,000 gallons of water per day using gravity filtration, except for slow sand filtration, as a part of their treatment scheme and are responsible for the distribution of treated water.

2. Class IB-D. Systems which have an assigned design capacity of less than 50,000 gallons of water per day using slow sand filtration or treatment processes other than gravity filtration, and are responsible for distribution of treated water.

(b) Class II:

1. Class IIA. Plants which have an assigned design capacity of 50,000 or more gallons of water per day but less than 500,000 gallons per day using gravity filtration, except slow sand filtration, as a part of their treatment scheme.

2. Class IIB-D. Systems which have an assigned design capacity of 50,000 or more gallons of water per day but less than 500,000 gallons per day using slow sand filtration or treatment processes other than gravity filtration, and are responsible for the distribution of treated water.

1. Class IIIA. Plants which have an assigned design capacity of 500,000 or more gallons of water per day but less than 3,000,000 gallons of water per day using gravity filtration, except slow sand filtration, as a part of their treatment scheme.

2. Class IIIB. Plants which have an assigned design capacity of 500,000 or more gallons of water per day but less than 3,000,000 gallons of water per day using treatment processes other than gravity filtration.

(d) Class IV.

1. Class IVA. Plants which have an assigned design capacity of 3,000,000 or more gallons of water per day using gravity filtration, except slow sand filtration, as a part of their treatment scheme.

2. Class IVB. Plants which have an assigned design capacity of 3,000,000 or more gallons of water per day using treatment processes other than gravity filtration.

(4) Water distribution systems. Populations shall be determined as specified in 401 KAR 8:200.

(a) Class ID. Distribution systems serving a population less than 1,500.

(b) Class IID. Distribution systems serving a population equal to or greater than 1,500 and less than 15,000.

(d) Class IVD. Distribution systems serving a population equal to or greater than 50,000.

(5) Limited. A limited classification is available to water treatment facilities for schools and semipublic water systems.

(6) Special. Special designations may be added to any certificate if necessary to show competency of the operator for a parameter of treatment or operation not covered by the basic requirements for standard classification set forth in this section.

(7) Public water systems which were reclassified pursuant to this administrative regulation as in effect on October 7, 1996 shall comply with the requirements of Section 1 of this administrative regulation by October 7, 1997.

Section 7. Classification of Water Treatment Plant and Water Distribution System Operators. Thirteen (13) subclasses of certified operators are established and designated as Class I through Class IV for water treatment, Class I through Class IV for distribution, and limited. Each operator classification, except for limited, relates directly to the corresponding classification of water treatment plant or water distribution system outlined in Section 6 of this administrative regulation.

Section 8. Operator Qualifications: Experience, Education and Equivalencies. (1) Requirements. Applicants shall be examined by the cabinet regarding education, experience, and knowledge, as related to the classification of water treatment plants or water distribution systems for which the application applies. Applicants shall pass the required written examination unless granted a waiver to take an oral examination in accordance with Section 3(2) of this administrative regulation.

(2) Classification of water treatment plant operators. Operators shall comply with the experience and educational requirements of this subsection prior to applying for certification.

(a) Class IA-D:

1. Completion of high school or general education development (GED) efficiency; and

2. One (1) year of experience operating a Class IA-D or higher public water system.

(b) Class IB-D:

1. Completion of high school or GED efficiency; and

2. One (1) year of experience operating a Class IB-D or higher public water system.

1. Completion of high school or GED efficiency; and

2. Two (2) years of experience operating a public water treatment plant, with six (6) months of that experience in a Class IIA, IIIA or IVA treatment plant.

(d) Class IIB-D:

1. Completion of high school or GED efficiency; and

2. Two (2) years of experience operating a public water system, with six (6) months of that experience in a Class IA-D, IIB-D, or higher treatment system.

(e) Class IIIA:

1. Completion of high school or GED efficiency; and

2. Three (3) years of experience operating a public water treatment plant with one (1) year in a Class IIA, IIIA, or IVA water treatment plant.

(f) Class IIIB:

1. Completion of high school or GED efficiency; and

2. Three (3) years of experience operating a public water treatment plant with one (1) year in a Class IIA, IIB-D, IIIA, IIIB, IVA, or IVB water treatment plant.

(g) Class IVA:

1. A baccalaureate degree from an accredited college or university; and

2. One (1) year of experience operating a Class IIIA or IVA water treatment plant.

(h) Class IVB:

1. A baccalaureate degree from an accredited college or university; and

2. One (1) year of experience operating a Class IIIA, IIIB, IVA, or IVB water treatment plant.

(i) Limited: An operator of a water treatment facility for a school or for a semipublic water supply shall be entitled to apply for a limited certificate of competency for his particular facility, if he has demonstrated to the cabinet that he has the knowledge and experience required to properly operate the particular water treatment facility for which he is responsible.

(3) Classification of water distribution system operators. Operators shall comply with the experience and educational requirements of this subsection prior to applying for certification.

(a) Class ID:

1. Completion of high school or GED efficiency; and

2. One (1) year of experience operating a distribution system.

(b) Class IID:

1. Completion of high school or GED efficiency; and

2. Two (2) years of experience operating a distribution system with six (6) months in a Class IID, IIID or IVD distribution system.

1. Completion of high school or GED efficiency; and

2. Three (3) years of experience operating a distribution system, with one (1) year of that experience in a Class IID, IIID or IVD distribution system.

(d) Class IVD:

1. A baccalaureate degree from an accredited college or university; and

2. One (1) year of experience operating a Class IIID or IVD distribution system.

(4) Substitutions.

(a) If applicable, education may be substituted for a portion of the required experience, as specified below:

1. No substitution for Class I or IV.

2. Successful completion of one (1) year of college work may be considered as equivalent to one (1) year of experience, limited to one (1) year for Class II and two (2) years for Class III.

3. Education applied to the experience requirement shall not be applied to the educational requirement or used as continuing education hours toward certification renewal.

(b) If applicable, the cabinet may authorize experience to be substituted for education requirements as specified below:

1. One (1) year experience in active operation of a water system at a Class II level or above shall be considered equivalent to one (1) year of college. Four (4) years of experience may be substituted for the requirement of a college degree by a high school graduate or recipient of a GED.

2. One (1) year of board-approved experience may be considered equivalent to one (1) year of high school. Four (4) years of board-approved experience may be considered equivalent to a high school diploma or a GED, subject to the approval of the board. Operators requesting this substitution shall submit a written request to the cabinet and may be requested to appear before the board.

3. Experience applied to education requirements shall not be applied to the experience requirement.

1. Experience gained in distribution system operation may be credited as specified in paragraph (a) of this subsection toward fulfillment of the treatment plant experience requirement as follows: two (2) years of distribution experience may be considered equivalent to one (1) year of treatment experience.

2. Experience gained in drinking water treatment plant operation may be credited as specified in paragraph (a) of this subsection toward fulfillment of the distribution system experience requirements as follows: one (1) year of drinking water treatment experience shall be considered equivalent to one (1) year of distribution experience.

3. Partial credit, as determined by the board, may be given for operating experience in maintenance, laboratories, other work of drinking water treatment or distribution systems and allied trades.

(d) Substitutions for formal education may be as follows: training earned at board-approved operator training schools, seminars, and technical courses may be substituted for high school and college requirements upon approval of the board. One (1) year of college work shall equal thirty (30) semester hours or forty-five (45) quarter hours. Six (6) classroom hours of board-approved courses shall equal one (1) training credit, and forty-five (45) training credits shall equal eighteen (18) semester hours of college or one (1) year of high school. One (1) continuing education unit (CEU) shall equal ten (10) classroom hours.

Section 9. Documents Incorporated by Reference. The following documents are incorporated by reference and are available for public inspection and copying, subject to the copyright laws, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday, at the Division of Water, 14 Reilly Road , Frankfort Office Park, Frankfort, Kentucky 40601:

(1) "Drinking Water or Wastewater Operator Certification Application", "DEP 6047 (8/96)", available from the Kentucky Environmental and Public Protection Cabinet, Division of Water, Frankfort, Kentucky.

(2) "Application for Certificate Renewal", "DEP 6007 (8/96)", available from the Kentucky Environmental and Public Protection Cabinet, Division of Water, Frankfort, Kentucky. (17 Ky.R. 592; Am. 1428; eff. 11-15-90; 19 Ky.R. 419; eff. 8-27-92; 23 Ky.R. 3079; 3808; 24 Ky.R. 70; 332; eff. 8-12-97; TAm eff. 8-9-2007.)