Section § 13625

Explanation

This section defines key terms related to wastewater treatment in California. A 'chief plant operator' is the person in charge of operating a wastewater treatment plant and ensuring it meets specific requirements. 'Operate' refers to controlling or supervising the processes within the plant. A 'wastewater certificate' is an official credential proving someone is qualified to manage these processes. The term 'wastewater treatment plant' covers various facilities, both public and private, that treat sewage or industrial waste, excluding specific onsite systems. 'Wastewater treatment process' details the methods used to improve wastewater quality, including separation, disinfection, and solids treatment. A 'water treatment operator certificate' is another qualification, while a 'water recycling treatment plant' takes treated wastewater to a further recycling stage to meet certain criteria for recycled water use.

As used in this chapter unless the context otherwise requires, the following definitions apply:
(a)CA Water Code § 13625(a) “Chief plant operator” means the person designated by the owner of the wastewater treatment plant as the person responsible for the overall operation of the wastewater treatment plant, including compliance with effluent limitations established in the wastewater treatment plant’s waste discharge requirements.
(b)CA Water Code § 13625(b) “Operates” means actions or decisions to control performance or outcome of one or more wastewater treatment processes and includes the supervision of any other person who acts or makes decisions to control the performance or outcome of one or more wastewater treatment processes.
(c)CA Water Code § 13625(c) “Wastewater certificate” means a certificate of competency issued by the state board stating that a person has met the requirements to be certified for a specific classification and grade level in the certification program. At a minimum, wastewater certificate classifications shall include operators and operators-in-training.
(d)Copy CA Water Code § 13625(d)
(1)Copy CA Water Code § 13625(d)(1) “Wastewater treatment plant” means any of the following:
(A)CA Water Code § 13625(d)(1)(A) Any facility owned by a state, local, or federal agency and used in the treatment or reclamation of sewage or industrial wastes.
(B)CA Water Code § 13625(d)(1)(B) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code.
(C)CA Water Code § 13625(d)(1)(C) Any privately owned facility used primarily in the treatment or reclamation of sewage for which the state board or a regional board has issued waste discharge requirements.
(2)CA Water Code § 13625(d)(2) “Wastewater treatment plant” does not include onsite sewage treatment systems as regulated by the state board or a regional water quality control board pursuant to Chapter 4.5 (commencing with Section 13290).
(e)CA Water Code § 13625(e) “Wastewater treatment process” means a process that improves the quality of wastewater before it is discharged from a wastewater treatment plant and includes all of the following:
(1)CA Water Code § 13625(e)(1) Use of preliminary, primary, pond, secondary, or tertiary treatment for liquid-solids separation of wastewater.
(2)CA Water Code § 13625(e)(2) Use of disinfection to inactivate or destroy pathogens in wastewater.
(3)CA Water Code § 13625(e)(3) Use of solids treatment for solids stabilization and volume reduction before removal from the wastewater treatment plant site.
(f)CA Water Code § 13625(f) “Water treatment operator certificate” has the same meaning as defined in Section 106876 of the Health and Safety Code.
(g)CA Water Code § 13625(g) “Water recycling treatment plant” means a wastewater treatment plant that further treats secondary or tertiary effluent, or both, for the purpose of meeting the uniform statewide recycling criteria established pursuant to Section 13521 for the use of recycled water.

Section § 13625.1

Explanation

The state board can exempt certain facilities, classified as Class 1 plants, from specific water quality regulations if they aren't likely to violate water standards due to operator mistakes. These exemptions last for four years and can be renewed. However, the board can add conditions or end the exemption whenever needed. The board may also charge a fee for processing exemptions or renewals.

(a)CA Water Code § 13625.1(a) The state board may exempt from the requirements of this chapter any facility that is classified as a Class 1 plant by the state board under Section 3675 of Title 23 of the California Code of Regulations, and the facility could not, due to operator error, violate water quality objectives.
(b)CA Water Code § 13625.1(b) An exemption granted pursuant to this section is valid for four years, and may be renewed by the state board upon request.
(c)CA Water Code § 13625.1(c) The state board may condition an exemption under this section, and the exemption may be terminated at any time by the board.
(d)CA Water Code § 13625.1(d) The state board may charge a reasonable administrative fee for processing a facility’s original or renewal application for exemption.

Section § 13626

Explanation

This law requires the state board to classify different types of wastewater treatment plants. The goal is to identify what skills are needed to operate each type. The state board must also create rules that list these plant types and explain how they decided on these classifications.

The state board shall classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. The state board shall adopt regulations setting forth the types of plants and the factors on which the state board based its classification.

Section § 13627

Explanation

If you operate a wastewater treatment plant in California, you need a valid wastewater certificate. For water recycling plant operators, a valid water treatment operator certificate of the right grade is sufficient. The state board issues these certificates and sets the training requirements. They may also credit military experience and training when issuing certificates. The board can refuse, suspend, or revoke certificates for reasons such as fraud or incompetence, and must follow specific procedures when doing so.

(a)CA Water Code § 13627(a) Except as provided in Section 13625.1 and subdivision (b), a person who operates a wastewater treatment plant shall possess a valid, unexpired wastewater certificate of the appropriate grade.
(b)CA Water Code § 13627(b) A person who operates a water recycling treatment plant may comply with subdivision (a) by possessing a valid, unexpired water treatment operator certificate of the appropriate grade.
(c)Copy CA Water Code § 13627(c)
(1)Copy CA Water Code § 13627(c)(1) All wastewater certificates shall be issued in accordance with regulations adopted by the state board. The state board shall develop and specify in its regulations the training necessary to qualify a person for a wastewater certificate for each type and class of plant. The state board may accept experience in lieu of qualification training.
(2)CA Water Code § 13627(c)(2) The state board shall evaluate opportunities for the following:
(A)CA Water Code § 13627(c)(2)(A) Issuing a wastewater certificate by examination waiver to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(B)CA Water Code § 13627(c)(2)(B) Award experience and education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(3)CA Water Code § 13627(c)(3) The state board shall seek consultation with the United States Department of Defense in carrying out paragraph (2).
(4)CA Water Code § 13627(c)(4) If the state board identifies opportunities pursuant to paragraph (2), the state board shall, where appropriate, issue a wastewater certificate by examination waiver or award experience or education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(d)CA Water Code § 13627(d) The state board may refuse to grant, suspend, or revoke any wastewater certificate, or may place on probation or reprimand the certificate holder, upon any reasonable ground, including, but not limited to, all of the following reasons:
(1)CA Water Code § 13627(d)(1) Submitting false or misleading information on an application for a wastewater certificate or an examination for a wastewater certificate.
(2)CA Water Code § 13627(d)(2) The employment of fraud or deception in the course of operating the wastewater treatment plant.
(3)CA Water Code § 13627(d)(3) A wastewater certificate holder’s failure to use reasonable care or judgment in the operation of the plant.
(4)CA Water Code § 13627(d)(4) A wastewater certificate holder’s inability to perform operating duties properly.
(5)CA Water Code § 13627(d)(5) Willfully or negligently violating, or causing or allowing the violation of, waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.
(6)CA Water Code § 13627(d)(6) Engaging in dishonest conduct during an examination for a wastewater certificate.
(e)CA Water Code § 13627(e) The state board shall conduct all proceedings for the refusal to grant a wastewater certificate, and suspension or revocation of a certificate pursuant to subdivision (d), in accordance with the rules adopted pursuant to Section 185.

Section § 13627.1

Explanation

This law makes it a misdemeanor to operate a wastewater or water recycling treatment plant without a valid and current certification of the appropriate grade. If a plant operator or owner hires or permits someone to work who lacks the necessary certification, they are also guilty of a misdemeanor. In both cases, the person or entity can be fined up to $100 for each day the violation occurs.

Additionally, individuals who commit specified violations from related sections could face civil penalties up to $5,000 for each offense.

(a)CA Water Code § 13627.1(a) Any person who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation:
(1)CA Water Code § 13627.1(a)(1) Operates a wastewater treatment plant that is not a water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter.
(2)CA Water Code § 13627.1(a)(2) Operates a water recycling treatment plant but does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(b)CA Water Code § 13627.1(b) Any person or entity who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation:
(1)CA Water Code § 13627.1(b)(1) Owns or operates a wastewater treatment plant that is not a water recycling treatment plant that employs, or allows the employment of, any person who operates the wastewater treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter.
(2)CA Water Code § 13627.1(b)(2) Owns or operates a water recycling treatment plant that employs, or allows the employment of, any person who operates the water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(c)CA Water Code § 13627.1(c) Any person who commits any of the acts listed in paragraph (2), (3), (5), or (6) of subdivision (d) of Section 13627 or paragraph (3) or (5) of subdivision (c) of Section 13627.3 may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation.

Section § 13627.2

Explanation

If someone provides false or misleading information when applying for a wastewater certificate or exam, or when registering, they can be fined up to $5,000 for each incorrect submission.

Any person who submits to the state board false or misleading information on an application for a wastewater certificate, on an application for an examination for a wastewater certificate, or on an application for registration may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation.

Section § 13627.3

Explanation

This law requires anyone who operates a wastewater treatment plant on behalf of the plant's owner to register with the state board and submit annual reports detailing their operations. The report must include the operator's name and address, a list of wastewater plants operated, operator certifications, and any other required information. The state board sets the registration process and can refuse, suspend, or revoke registration for submitting false information, employing unqualified personnel, violating discharge permits, or mismanaging the plant. Violations may lead to fines up to $1,000 per day. Operators must also pay a fee for the registration process.

(a)CA Water Code § 13627.3(a) Any person or entity that contracts with the owner of a wastewater treatment plant to operate that plant shall register with the state board, and shall, within a year after the registration or the renewal of the registration, and annually thereafter, prepare and submit to the state board a report with all of the following information:
(1)CA Water Code § 13627.3(a)(1) The name and address of the person or entity.
(2)CA Water Code § 13627.3(a)(2) The name and address of the wastewater treatment plants that the person or entity operates, or has operated during the preceding year, and the name of the applicable regional board that oversees each wastewater treatment plant.
(3)CA Water Code § 13627.3(a)(3) The name and grade of each wastewater treatment plant operator employed at each plant.
(4)CA Water Code § 13627.3(a)(4) Other information that the state board requires.
(b)CA Water Code § 13627.3(b) The state board shall, by regulation, prescribe the procedures, and requirements for, registration pursuant to subdivision (a).
(c)CA Water Code § 13627.3(c) The state board may refuse to grant, and may suspend or revoke, any registration issued by the state board pursuant to this section for good cause, including, but not limited to, any of the following reasons:
(1)CA Water Code § 13627.3(c)(1) The submission of false or misleading information on an application for registration.
(2)Copy CA Water Code § 13627.3(c)(2)
(A)Copy CA Water Code § 13627.3(c)(2)(A) Employment of a person to operate a wastewater treatment plant that is not a water recycling treatment plant who does not hold a valid, unexpired wastewater certificate of the appropriate grade.
(B)CA Water Code § 13627.3(c)(2)(A)(B) Employment of a person to operate a water recycling treatment plant who does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(3)CA Water Code § 13627.3(c)(3) Willfully or negligently causing or allowing a violation of waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.
(4)CA Water Code § 13627.3(c)(4) Failure to meet the registration requirements prescribed by the state board pursuant to subdivision (b).
(5)CA Water Code § 13627.3(c)(5) Failure to use reasonable care in the management or operation of the wastewater treatment plant.
(d)CA Water Code § 13627.3(d) The state board shall conduct all proceedings relating to the refusal to grant, or the suspension or revocation of, registration pursuant to subdivision (c) in accordance with the rules adopted pursuant to Section 185.
(e)CA Water Code § 13627.3(e) The state board shall establish a fee schedule to pay for its costs to implement this section.
(f)CA Water Code § 13627.3(f) Any person or entity that fails to comply with subdivision (a) is guilty of a misdemeanor and may be civilly liable in an amount not to exceed one thousand dollars ($1,000) for each day of the violation.

Section § 13627.4

Explanation

The state board can apply civil penalties as outlined in sections 13627.1, 13627.2, or 13627.3 by following certain procedures. Any remedies under this chapter are additional to other legal remedies, whether civil or criminal. However, a specific kind of liability cannot be claimed twice for the same violation if it has already been covered under other specified sections.

(a)CA Water Code § 13627.4(a) The state board may administratively impose the civil liability described in Section 13627.1, 13627.2, or 13627.3 in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5.
(b)CA Water Code § 13627.4(b) A remedy under this chapter is in addition to, and does not supersede or limit, any other remedy, civil or criminal, except that liability is not recoverable against an operator under subdivision (c) of Section 13627.1 for a violation for which liability is recovered against the operator under Section 13350 or 13385.

Section § 13627.6

Explanation

This law requires the state board to set rules for appointing someone as the chief plant operator. It also mandates the board to define what tasks and duties this person must carry out.

The state board, by regulation, shall prescribe the procedures and requirements for designation of a person as the chief plant operator and the duties that a chief plant operator is required to perform.

Section § 13628

Explanation

Wastewater certificates, starting from January 1, 2017, need to be renewed every three years. Renewal depends on meeting the requirements set by regulations.

Applicants must pay fees when they get or renew their certificates, and the state board decides the fee schedule to cover program costs. Reduced fees may be available for those with valid water treatment or distribution certificates.

The state board adjusts fees yearly to match budget appropriations, and can change fees if the previous revenue was too high or too low. They can also create emergency regulations to immediately protect public health and safety, especially regarding fee adjustments, which stay in effect until changed.

(a)CA Water Code § 13628(a) Wastewater certificates issued or renewed pursuant to this chapter on or after January 1, 2017, shall be renewed triennially, subject to compliance by applicants with renewal requirements prescribed by regulations.
(b)CA Water Code § 13628(b) Fees shall be payable to the state board at the time of issuance of a wastewater certificate and at the time of renewal. The state board shall establish a fee schedule to provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all the costs of this program.
(c)CA Water Code § 13628(c) The state board may establish reduced fees for the issuance or renewal of a wastewater certificate for applicants who hold a valid, unexpired water treatment operator certificate or a valid, unexpired water distribution operator certificate.
(d)CA Water Code § 13628(d) The state board shall set the amount of total revenue collected each year through the fee schedules established pursuant to this chapter at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Wastewater Operator Certification Fund for expenditure for the administration of this chapter, taking into account the reserves in the fund. The state board shall review the fees each fiscal year and revise the fees as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the overcollection or undercollection of the revenue.
(e)CA Water Code § 13628(e) The state board may adopt regulations pursuant to this section, including any subsequent adjustments to the fees or subsequent amendments to the regulations, as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these emergency regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or any adjustment to the fees made by the state board pursuant to this section, shall remain in effect until revised by the state board.

Section § 13628.5

Explanation

The Wastewater Operator Certification Fund is a special fund in the State Treasury.

It collects money from legislative appropriations, fees, and interest earned on its deposits.

The State Board can use the money in the Fund, but only if the Legislature approves it, to help run the certification program for wastewater operators.

(a)CA Water Code § 13628.5(a) The Wastewater Operator Certification Fund is hereby created in the State Treasury.
(b)CA Water Code § 13628.5(b) All of the following moneys shall be deposited in the Wastewater Operator Certification Fund:
(1)CA Water Code § 13628.5(b)(1) Any moneys made available by the Legislature for the purposes of the fund.
(2)CA Water Code § 13628.5(b)(2) Fees collected pursuant to this chapter.
(3)CA Water Code § 13628.5(b)(3) Notwithstanding Section 16305.7 of the Government Code, all interest earned upon moneys that are deposited in the fund.
(c)CA Water Code § 13628.5(c) The state board may expend the moneys in the Wastewater Operator Certification Fund, upon appropriation by the Legislature, for purposes of administering this chapter.

Section § 13629

Explanation

This law allows the state board to approve specific educational courses at colleges or universities that help operators achieve various certification levels. Additionally, the state board can approve equivalent courses offered by professional organizations or other agencies.

The state board may approve courses of instruction at higher educational institutions that will qualify operators for each grade of certification. The state board shall also approve courses of instruction given by professional associations, or other private or public agencies that shall be deemed equivalent to courses of instruction given by higher educational institutions.

Section § 13630

Explanation

This law states that the state board is responsible for managing federal or state funds used for training operators of wastewater treatment plants. The state board can also offer financial and technical support to organizations that provide training for these operators.

The state board is the state agency which is authorized to represent the state and its local governmental agencies in administering any federal or state funds available for wastewater treatment plant operator training. The state board may provide technical and financial assistance to organizations providing operator training programs.

Section § 13631

Explanation

Before making or changing rules or approving training courses for operators, the state board must set up an advisory committee to help with its duties.

Prior to adopting or amending any regulations or approving any courses for operator training, the state board shall appoint an advisory committee to assist it in carrying out its responsibilities under this chapter.

Section § 13632

Explanation

This section outlines the composition of an advisory committee related to wastewater treatment. It includes members from different sectors: two operators from a statewide organization, two representatives from municipalities or private utility plants, two from local sanitation agencies, and one operator from a water recycling plant. Additionally, there are spots for one member from an educational engineering institution, one labor union representative, one professional sanitary engineer, and one current or former military member with experience in wastewater management.

The advisory committee appointed pursuant to Section 13631 shall consist of the following:
(a)CA Water Code § 13632(a) Two persons from a statewide organization representing wastewater treatment plant operators who shall be employed at a wastewater treatment plant as operators.
(b)CA Water Code § 13632(b) Two persons from statewide organizations representing municipalities, including counties or private utility wastewater treatment plants.
(c)CA Water Code § 13632(c) Two persons from statewide organizations representing local sanitation agencies, other than agencies specified in subdivision (b).
(d)CA Water Code § 13632(d) One person who is employed as an operator at a water recycling treatment plant.
(e)CA Water Code § 13632(e) One person from an educational institution’s school or division of engineering.
(f)CA Water Code § 13632(f) One person who is a member of an organized labor union that represents wastewater treatment plant operators.
(g)CA Water Code § 13632(g) One person who is a professional engineer specializing in sanitary engineering.
(h)CA Water Code § 13632(h) One person who is an active or former member of the United States military who is working, supervising, or managing or who has previously worked, supervised, or managed in wastewater treatment or distribution within their military service.

Section § 13633

Explanation

Before new regulations or changes to existing ones can be adopted by the state board, an advisory committee must first review the proposals and provide their recommendations.

The advisory committee shall review all proposed regulations and make recommendations to the state board prior to adoption of any regulations or amendments thereto.