Water and Wastewater Treatment Facility Operators

C.R.S. tit. 25, art. 9

in effect

C.R.S. § 25-9-101 Legislative declaration

25-9-101. Legislative declaration. To assure adequate operation of water and wastewater facilities, and to preserve the public peace, health, and safety, this article 9 and any rules authorized pursuant thereto are enacted to provide for the examination, classification, and certification of water and wastewater facility operators and to establish minimum standards therefor based upon their knowledge and experience, to provide procedures for certification, to encourage career and technical education for such operators, to provide a penalty for the wrongful use of the title "certified operator", to require each water and wastewater facility to be under the supervision of a certified operator, to provide for the classification of all water and wastewater facilities in the state, and to provide a penalty for the operation of a water or wastewater facility without supervision of a certified operator.

C.R.S. § 25-9-102 Definitions

25-9-102. Definitions. As used in this article 9, unless the context otherwise requires: (1) "Board" means the water and wastewater facility operators certification board. (2) "Certificate" means the certificate of competency issued by the board stating that the operator named thereon has met the requirements for the specified operator classification of the certification program. (3) "Certified operator" means the person who has responsibility for the operation of any water and wastewater facility covered under this article and is certified in accordance with the provisions of this article. (4) "Department" means the Colorado department of public health and environment. (4.3) "Division" means the water quality control division within the department of public health and environment. (4.5) "Domestic wastewater treatment facility" means any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not the facility or group of units is discharging into state waters. "Domestic wastewater treatment facility" specifically excludes on-site wastewater treatment systems with a design capacity of two thousand gallons or less per day, unless the system discharges directly to surface water. (4.7) "Industrial wastewater treatment facility" means any facility or group of units used for the pretreatment, treatment, or handling of industrial waters, wastewater, reuse water, and wastes that are discharged into state waters. "Industrial wastewater treatment facility" includes facilities that clean up contaminated groundwater or spills and excludes construction dewatering activities that utilize only passive treatment and occur for less than one year. (4.8) "Small system" means a water or wastewater facility that serves a population of three thousand three hundred or less. (4.9) "Wastewater collection system" means a system of pipes, conduits, and associated appurtenances that transports domestic wastewater from the point of entry to a domestic wastewater treatment facility. The term does not include collection systems that are within the property of the owner of the facility. (5) "Wastewater treatment facility" means either a domestic wastewater treatment facility or an industrial wastewater treatment facility. (5.3) "Water and wastewater facility" means a water treatment facility, wastewater treatment facility, water distribution system, or wastewater collection system. (6) "Water distribution system" means any combination of pipes, tanks, pumps, or other facilities that delivers water from a source or treatment facility to the consumer. (7) "Water treatment facility" means the facility or facilities within the water distribution system that can alter the physical, chemical, or bacteriological quality of the water.

C.R.S. § 25-9-103 Water and wastewater facility operators certification board - composition - repeal of article

25-9-103. Water and wastewater facility operators certification board - composition - repeal of article. (1) There is created the water and wastewater facility operators certification board, which constitutes a section of the division of administration of the department and consists of the following ten members appointed by the governor: (a) A certified water treatment or domestic wastewater treatment facility operator with the highest level of certification available in Colorado; (b) A certified industrial wastewater treatment facility operator or other representative of a private entity that operates an industrial wastewater treatment facility; (c) A city manager, manager of a special district, or utility manager in a city, county, or city and county that operates a domestic water or wastewater treatment facility; (d) A representative of the department of public health and environment, who shall be an ex officio, nonvoting member; (e) A certified water distribution or wastewater collection system operator with the highest level of certification available in Colorado; (f) A representative of water or wastewater facilities serving rural areas; and (g) Four members appointed to achieve geographical representation and to reflect the various interests in the water and wastewater facility certification program. At least one of such members shall reside west of the continental divide, and at least one shall reside in the rural portion of the eastern plains of Colorado. (2) At least four of the voting members of the board shall be certified water or wastewater facility operators, including representatives of both the water and wastewater industries. (3) (a) Appointments of members to the board are for terms of four years. (b) (Deleted by amendment, L. 2020.) (4) This article 9 is repealed, effective September 1, 2031. Before the repeal, the water and wastewater facility operators certification board is scheduled for review in accordance with section 24-34-104.

C.R.S. § 25-9-104 Duties of board - rules

25-9-104. Duties of board - rules. (1) (a) The board shall elect a chair and secretary each year and shall establish rules in accordance with article 4 of title 24, C.R.S., setting forth the requirements governing certification for water and wastewater facility operators, including: (I) Application for certification; (II) Admission to the examinations; (III) Setting and coordination of examination schedules; (IV) Recording and issuing of certificates for the class of operator for which the applicant is found to be qualified; (V) Renewal of certificates; (VI) Issuance of certificates based on reciprocity; (VII) Minimum standards of operator performance; and (VIII) Standards for the accreditation of training programs. (b) (Deleted by amendment, L. 2013.) (2) (a) The board may promote and assist in regular training schools and programs designed to aid applicants and other interested persons to acquire the necessary knowledge to meet the certification requirements of this article. (b) The board shall ensure that an office is maintained for contact with operators and employers. (c) The board shall ensure, through the use of subject matter experts, that all certification examinations test for information that is relevant to the knowledge that is necessary to operate the level of facility for which certification is sought. (3) (a) The board shall establish classes of: (I) Water treatment facility operators; (II) Domestic wastewater treatment facility operators; (III) Industrial wastewater treatment facility operators; (IV) Water distribution system operators; (V) Wastewater collection system operators; (VI) Operators for small systems; and (VII) Other persons who require and qualify for multiple certifications. (b) In establishing each classification, the board shall differentiate the various levels of complexity to be encountered in water and wastewater facility operation and the qualifications for certification for each class. The board shall set minimum education, experience, examination, and ongoing training requirements for each class. (4) Except as provided in section 25-9-104.4, the board shall establish for each water and wastewater facility a minimum class of certified operators required for its supervision. (5) (a) The board shall establish a procedure whereby any decision of the board, the division, or nonprofit corporation contracting with the board can be appealed to the board. (b) The board may adopt rules as necessary to ensure the proper administration of the program. (c) The board may promulgate rules to allow the division to immediately suspend or revoke a certification if immediate action is necessary to protect the public health or environment. (6) The board may exercise other powers and duties as necessary within the scope of this article. The board shall promulgate rules to establish criteria for the discipline or reprimand of any water or wastewater facility operator and for the suspension or revocation of the certification of an operator. The criteria must include: (a) Willfully or negligently violating, causing, or allowing the violation of rules promulgated under this article or failing to comply with this article; (b) Submitting false or misleading information on any document provided to the department, the board, or any organization acting on behalf of the board; (c) Using fraud or deception in the course of employment as an operator; (d) Failing to conform with minimum standards in the performance of an operator's duties; and (e) Engaging in dishonest conduct during an examination. (6.5) (Deleted by amendment, L. 2013.) (7) Members of the board serve without compensation but are entitled to reimbursement for their necessary expenses. (8) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

C.R.S. § 25-9-104.2 Contracting - rules

25-9-104.2. Contracting - rules. (1) The board may select and appoint one or more independent nonprofit corporations to carry out the administration of the program and examinations. The board may promulgate a rule establishing the scope and standards of the independent nonprofit corporation's duties. The contract must specifically address each duty or function required by law. (2) To qualify for consideration to administer the duties of this section, a nonprofit corporation must have expertise in training and testing procedures as well as demonstrated knowledge of water and wastewater treatment, collection, and distribution systems. (3) With the prior approval of the board for each agreement, a nonprofit corporation contracted by the board may enter into subsidiary agreements with other nonprofit corporations, educational institutions, and for-profit corporations to carry out the duties assigned by the board. (4) The board is responsible for and retains the final authority for all actions and decisions carried out on behalf of the board by a nonprofit corporation, educational institution, or for-profit corporation. The board may modify, suspend, or reverse any action or decision of any nonprofit corporation, educational institution, or for-profit corporation.

C.R.S. § 25-9-104.3 Duties of the division - investigations

25-9-104.3. Duties of the division - investigations. The division shall investigate instances of possible misconduct by water and wastewater facility operators, report the results of any investigation to the board, and make recommendations regarding appropriate disciplinary action to the board.

C.R.S. § 25-9-104.4 Exemptions

25-9-104.4. Exemptions. (1) The board may exempt wastewater facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger the public health or the environment. In determining whether to provide such an exemption, the board may consider the following criteria: (a) Discharges of limited duration; (b) The sensitivity of the receiving waters; (c) The level of toxic pollutants in the discharge; and (d) Situations where chemical, mechanical, or biological treatment techniques are not required to meet permit limits, including sedimentation ponds at mining operations for construction materials, as defined by section 34-32.5-103 (3), C.R.S. (2) The board may exempt water facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger public health or the environment. In determining whether to provide such an exemption, the board may consider: (a) The classification of the facility as public or nonpublic under the Colorado primary drinking water regulation; (b) The applicability of the Colorado primary drinking water regulation to the facility or class of facilities; and (c) A distribution system having a minimal number of connections.

C.R.S. § 25-9-105 Water treatment facility operator

25-9-105. Water treatment facility operator. (1) Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as water treatment facility operators or water distribution system operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article 4 of title 24, C.R.S. (a) to (d) (Deleted by amendment, L. 2000, p. 771, § 5, effective May 23, 2000.)

C.R.S. § 25-9-106 Domestic wastewater treatment facility operator

25-9-106. Domestic wastewater treatment facility operator. (1) Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as domestic wastewater treatment facility operators or wastewater collection system operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article 4 of title 24, C.R.S. (a) to (d) (Deleted by amendment, L. 2000, p. 772, § 6, effective May 23, 2000.)

C.R.S. § 25-9-106.2 Industrial wastewater treatment facility operator

25-9-106.2. Industrial wastewater treatment facility operator. (1) Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as industrial wastewater treatment facility operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article 4 of title 24, C.R.S. (a) to (c) (Deleted by amendment, L. 2000, p. 773, § 7, effective May 23, 2000.)

C.R.S. § 25-9-106.3 Multiple facility operator

25-9-106.3. Multiple facility operator. Persons who by specifically related examination, education, and experience are found to be qualified for certification in more than one category of facility operators shall be certified as having the minimum qualifications required for such applicable multiple facility operator classes as the board may establish by rules promulgated in accordance with article 4 of title 24, C.R.S. Such classes of multiple facility operators shall be designed to minimize the number of separate examinations and separate operator certifications that must be held by persons working for small systems, persons in the private sector performing work for a municipality or industry, and other categories and classes where a multiple facility operator certification would be efficient and meet the goals of this article. Such multiple facility certifications may contain conditions established by the board restricting the certification to specific facilities, types of facilities, or activities.

C.R.S. § 25-9-106.5 Education and experience - substitution allowed

25-9-106.5. Education and experience - substitution allowed. Water and wastewater facility operator applicants must have a high school diploma or have successfully completed the high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S.; except that experience or relevant training may be substituted for the high school diploma or successful completion of the high school equivalency examination. Education, training as established under section 25-9-104 (2), and cross-experience may be substituted for experience requirements for certification as a water facility operator, as a water distribution system operator, as a domestic wastewater facility operator, as a wastewater collection system operator, as an industrial wastewater treatment facility operator, or as a multiple facility operator; except that at least fifty percent of any experience requirement must be met by actual on-site operating experience in a water facility or a wastewater facility, as the case may be. For the lowest classification of operator in each category, the board may establish rules allowing complete substitution of education for experience for any applicant who passes the applicable examination. For purposes of this section, "cross-experience" means that experience as a wastewater treatment facility operator may be substituted for experience requirements for certification as a water treatment facility operator and vice versa.

C.R.S. § 25-9-107 Certification procedure

25-9-107. Certification procedure. (1) Any individual possessing the required education and experience may apply for certification in the manner designated by the board on such forms as required and approved by the board. The application shall be accompanied by such fee as required by section 25-9-108. Those applicants who meet the minimum qualifications as established by rules of the board promulgated in accordance with article 4 of title 24, C.R.S., for certification shall be admitted for examination. (2) When an individual desires certification in a field other than the field in which the individual has experience, the individual's experience shall be evaluated by the board or as directed by the board. The certificate issued is to be based upon the knowledge demonstrated by the applicant through examination and the individual's verified record of work experience in water and wastewater facility operation. (3) Certificates shall be awarded by the board or at the direction of the board for a period of three years only to those applicants successfully meeting all of the requirements. (4) (a) Certificates shall be renewed upon payment of the required renewal fee and a showing that the applicant for renewal has met the requirements established by the board for ongoing training. (b) If any operator fails to renew the operator's certification before the expiration date of such certification, such certification is expired. If a certification expires because of failure to renew before the expiration date of such certification, the operator may renew the certification up to two years after the expiration date upon paying the required renewal fee and meeting the applicable ongoing training requirements for the certification being renewed. If an operator does not renew a certification within two years after the expiration date of such certification, the certification is automatically revoked and an applicant for recertification must meet all the requirements for certification as a new applicant. (4.5) (Deleted by amendment, L. 96, p. 360, § 8, effective July 1, 1996.) (5) The board, upon application therefor, may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this article and are of a standard not lower than that specified by regulations adopted under this article. Where there is a question as to the level of certification that should be granted, the board may authorize special examination or other procedures to confirm the appropriate certification level. (6) to (8) (Deleted by amendment, L. 96, p. 360, § 8, effective July 1, 1996.)

C.R.S. § 25-9-108 Fees - rules - fund created

25-9-108. Fees - rules - fund created. (1) (a) Each application for certification shall be accompanied by a fee in the amount of fifteen dollars that is not refundable. The board shall adopt rules that set program fees in addition to the nonrefundable application fee in accordance with article 4 of title 24, and the fees must reflect the actual costs of administering the program as set forth in section 25-9-104 (1). (b) The water and wastewater facility operators fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the board may expend money from the fund for the administration of this article 9. (c) The fees may be collected and retained by a nonprofit corporation selected and appointed by the board pursuant to section 25-9-104.2 to pay for its actual costs to administer the program as approved by the board through duly adopted rules. However, any such nonprofit corporation shall remit to the state treasurer a portion of the fee in the amount of five dollars for each new and renewal certificate. The state treasurer shall credit the money to the fund pursuant to subsection (1)(b) of this section. (d) With the approval of the board, all money may be paid to the nonprofit corporation and, except for the five dollars for new and renewal certifications, may be retained by the nonprofit corporation to defray program expenses. Alternatively, if certification and renewal fees are received directly by the board, all money shall be deposited with the state treasurer pursuant to subsection (1)(b) of this section. (2) Notwithstanding the amount specified for any fee in subsection (1) of this section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

C.R.S. § 25-9-109 Use of title

25-9-109. Use of title. Only a person who has been qualified by the board as a certified operator and who possesses a valid certificate attesting to this certification in this state shall have the right and privilege of using the title "certified water treatment facility operator, class ....", "certified domestic wastewater treatment facility operator, class ....", "certified industrial wastewater treatment facility operator, class ....", "certified wastewater collection system operator, class ....", "certified water distribution system operator, class ....", or "multiple facilities operator, class ....".

C.R.S. § 25-9-110 Violations - penalty

25-9-110. Violations - penalty. (1) It is unlawful for any person to represent himself or herself as a certified operator of any category and of any class without first being so certified by the board and without being the holder of a current valid certificate issued by the board. Any person violating the provisions of this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three thousand dollars. (2) (a) It is unlawful for any owner of a water treatment facility, a domestic or industrial wastewater treatment facility, a wastewater collection system, or a water distribution system in the state of Colorado to allow the facility to be operated without the supervision of a certified operator of the classification required by the board for the specific facility. (b) Notwithstanding paragraph (a) of this subsection (2), a sedimentary pond maintained in accordance with a permit issued by the division of reclamation, mining, and safety that does not require a permit issued by the water quality control division of the department of public health and environment shall not require the supervision of a certified operator. (3) Whenever the division has reason to believe that a violation of subsection (2) of this section has occurred, the division shall cause written notice to be served personally or by certified mail, return receipt requested, upon the alleged violator or their agent for service of process. The notice shall state the provision of subsection (2) alleged to be violated and the facts alleged to constitute a violation and it may include specific action proposed to be required to cease the alleged violation. The division shall require the alleged violator to answer each alleged violation. (4) Upon being served with any notice given under subsection (3) of this section, the alleged violator may request a public hearing. Such request shall be filed in writing with the division no later than thirty days after service of the notice. If such a request is made, a hearing shall be held within a reasonable time. Hearings held pursuant to this subsection (4) shall be conducted before the board in accordance with section 24-4-105, C.R.S. The determination of the board following a hearing shall be considered final agency action as to whether a violation has occurred. (5) Any owner of a water treatment facility, a domestic or industrial wastewater treatment facility, a wastewater collection system, or a water distribution system in the state of Colorado who violates subsection (2) of this section shall be subject to a civil penalty of not more than three hundred dollars per day for each day during which such violation occurs. Any civil penalty collected under this section shall be credited to the general fund. (6) Upon application of the division, any penalty for a violation of subsection (2) of this section shall be determined by the executive director of the department or his or her designee and may be collected by the division through a collection action instituted in a court of competent jurisdiction. The final decision of the executive director or his or her designee may be appealed to the board. A stay of any order of the division pending judicial review shall not relieve any person from any liability under this section, but the reason for the request for judicial review shall be considered in the determination of the amount of the penalty. In the event that such an action is instituted for the collection of such penalty, the court may consider the appropriateness of the amount of the penalty if the party against whom the penalty was assessed raises the issue.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026