Cal. Code Regs. tit. 23 § 3710

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 3710 - Grounds for Disciplinary Action

(a) The State Water Board may refuse to grant, suspend, or revoke an operator, provisional operator, or operator-in-training certificate or may reprimand or place on probation an operator, provisional operator, or operator-in-training upon any reasonable ground, including performing, or allowing or causing another to perform, any of the following acts:

(1) willfully or negligently violating, causing, or allowing a violation of this chapter;

(2) without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at a grade level necessary for the position or whose operator, provisional operator, or operator-in-training certificate has expired;

(3) submitting false or misleading information on any document provided to State Water Board staff including applications for examination, certification, renewal, or reinstatement, or providing false or misleading information to State Water Board staff during an investigation of a possible violation of this chapter;

(4) engaging in dishonest conduct during an examination or violating confidentiality of examination questions;

(5) using fraud or deception in the course of employment as an operator, provisional operator, or operator-in-training;

(6) failing to use reasonable care or good judgment in the course of employment as an operator, provisional operator, or operator-in-training or failing to apply knowledge or ability in the performance of duties;

(7) willfully or negligently violating, causing, or allowing the violation of waste discharge requirements;

(8) failing to notify, as required by section 3682.6, 3683.4, or 3702.5, the Office of Operator Certification within 30 days of the date that a certifying body or court, for any act associated with performing duties at a facility that treats wastewater in a state other than California, in a territory, or on land under the jurisdiction of an Indian tribe, provided the duties are comparable to the duties of an operator or contract operator at a wastewater treatment plant, takes one of the following final actions: discipline by a certifying body; imposition of administrative civil liability; or imposition of civil or criminal liability;

(9) without regard to intent or negligence, operating a wastewater treatment plant without posting a valid operator, provisional operator, or operator-in-training certificate as required by section 3703; or

(10) committing any act that is a reasonable ground for disciplinary action pursuant to this chapter if the act is associated with performing duties at a facility that treats wastewater in a state other than California, in a territory, or on land under the jurisdiction of an Indian tribe, provided the duties are comparable to the duties of an operator or contract operator at a wastewater treatment plant and the act would be a reasonable ground for a disciplinary action pursuant to this chapter if associated with performing duties at a wastewater treatment plant.

(b) A chief plant operator may be subject to disciplinary actions specified in subdivision (a) for willfully or negligently failing to ensure that an operator-in-training is supervised directly as required by section 3682.

Cal. Code Regs. Tit. 23, § 3710

1. New article 7 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Redesignation of first paragraph and subsections (a)-(h) as subsections (a)(1)-(7) and new subsection (b) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of subsection (a) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
4. Amendment renumbering and moving former article 7 heading as article 9 (preceding section 3709) and amendment of section heading and section filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).

Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Sections 185, 13260 and 13627, Water Code; and Title IV, 33 USC, Section 1342 (Clean Water Act).