Section 327IAC8-12-6. Certification; reciprocity; provisional certificate

   (a) The commissioner shall issue a certificate designating competency in the appropriate certified operator's grade to each person who makes proper application if the applicant:

(1) meets the necessary requirements of education and experience; and

(2) successfully completes a grade appropriate examination.

Upon successful completion of examination according to section 4 of this rule, the commissioner shall issue a certification in the certified operator grade that the applicant was examined.

  (b) The commissioner may issue a certificate by reciprocity as outlined in IC 13-18-11-9 if the following conditions are met:

(1) A person seeking reciprocal certification submits an application for such a certificate that includes the following:

(A) Proof of current certification.

(B) Grade of the applicant.

(2) A person from another state seeking a certificate by reciprocity earns the number of continuing education contact hours for all future renewal periods, in the time period required by section 7.5(a) of this rule, though no continuing education contact hours shall be required at the time of conferring the reciprocal certification.

  (c) The commissioner may issue a provisional water treatment plant or water distribution operator's certificate if the following occur:

(1) The governing body or owner of a water treatment plant or water distribution system submits a written request specifying the existence of the vacancy and a reason necessitating the provisional certification, including one (1) of the following:

(A) To fill a vacancy created by death.

(B) Resignation of the certified operator in responsible charge.

(C) Extended illness of the certified operator in responsible charge.

(D) A justifiable cause due to unforeseen circumstances beyond the control of the governing body or owner that leaves the treatment plant or distribution system without a certified operator.

(2) The written request required by subdivision (1) provides the name, education, and experience of the person for whom the provisional certificate is requested.

(3) The provisional certificate nominee named under subdivision (2):

(A) submits, simultaneously with the request submitted under subdivision (1), an application as required by section 4(b) of this rule requesting examination and certification; and

(B) is eligible at the time of the request submitted under subdivision (1) for the next scheduled certification examination.

  (d) A provisional certificate shall be as follows:

(1) Issued by the commissioner in the form of a letter that specifies the conditions of the certification.

(2) Valid for one (1) of the following lengths of time as determined by the commissioner:

(A) The period between the:

(i) date of application; and

(ii) end of the thirty (30) day grading period following the next examination that is available to the provisional certificate nominee.

(B) One (1) year.

(C) Another time period designated by the commissioner.

  (e) The commissioner may also issue a provisional water treatment plant or water distribution operator's certificate if the following occur:

(1) The classification of a treatment plant or water distribution system changes due to the following:

(A) Installation of treatment to meet a new requirement of the Safe Drinking Water Act (42 U.S.C. 300f and 42 U.S.C. 300j-26) or 327 IAC 8 this article.

(B) An increase in the population served that:

(i) is not the result of consolidation of one (1) or more public water systems; and

(ii) is less than ten percent (10%) of population previously served.

(2) The written request required by subdivision (1)(A) provides the name, education, and experience of the person for whom the provisional certificate is requested.

(3) The provisional certificate nominee named under subdivision (1)(B) submits, simultaneously with the request submitted under subdivision (1)(A), an application as required by section 4(b) of this rule requesting examination and certification.

  (f) The commissioner may waive the hands-on experience requirements for application for the examination for the new treatment classification for the provisional certificate nominee.

  (g) A provisional certificate must be as follows:

(1) Issued by the commissioner in the form of a letter that specifies the conditions of the certification.

(2) Valid for one (1) of the following lengths of time as determined by the commissioner:

(A) The period between the:

(i) date of application; and

(ii) end of the thirty (30) day grading period following the next examination that is available to the provisional certificate nominee.

(B) One (1) year.

(C) Another time period designated by the commissioner.

(3) Granted only for continued operation of a system where the classification has changed under subsection (e) if the operator demonstrates to the commissioner that the facility will be properly operated.

(Water Pollution Control Division; 327 IAC 8-12-6; filed Sep 24, 1987, 3:00 p.m.: 11 IR 724; filed Sep 19, 1990, 3:00 p.m.: 14 IR 266; filed Dec 12, 1994, 4:39 p.m.: 18 IR 1236; filed Nov 20, 2000, 4:11 p.m.: 24 IR 985; filed Oct 24, 2006, 3:03 p.m.: 20061122-IR-327050255FRA; errata filed Dec 6, 2006, 10:10 a.m.: 20061227-IR-327050255ACA)