1. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION Regulation 100 Update September 2011

4. Changes: Three Phases 1.Sequential Testing  Notice and Proposal: August 2011  Rulemaking Hearing: November 2011 2.Administrative in Nature  Notice and Proposal: November 2011  Rulemaking Hearing: February 2012 3.Facility Classification Matrices  Notice and Proposal: 2012  Rulemaking Hearing:

5. Phase 1 Changes Change In Testing Policy From “Multiple Entry” to “Sequential” Exams

6. Association of Boards of Certification (ABC) identified deficiencies with multiple entry exams Do well on lower level exam questions, but do poorly on the questions specific to the higher level and still pass the exam No longer developing standardized multiple entry exams

7. Psychometrician hired by the Board’s contractors evaluated knowledge required for the various certification categories and classes Some areas of knowledge are tested more thoroughly at a lower level than at an upper level Exam blueprints developed support sequential testing

8. Reciprocity--very few, if any states will be using multiple entry exams by the end of 2011 Allows an equal comparison of Colorado’s testing requirements with those of other states – Colorado’s certified operators will benefit when they seek certification in another state – Contractor’s reciprocity committees will benefit

9. Added section 100.9.7 “Prior Certification Requirements. To qualify to sit for an examination, an applicant must hold a certification for the same certification category (water treatment facility, domestic or industrial wastewater treatment facility, distribution system or collection system) and in the class immediately below the class for which application is being made.”

10. Revised section 100.9.8 – “Prior Certification and Experience Requirements” table in section 100.9.8 to consolidate and simplify – Added Class S and Class T to the table in section 100.9.8 Revised section 100.9.6 – Minor revisions for consistency

11. Revised “Prior Certification and Experience Requirements” table in section 100.9.8 to consolidate and simplify Added Class S and Class T to the table Minor changes to section 100.9.6 for consistency

12. Anticipated Consequences of Testing Policy Change Relatively few operators will be impacted Analysis shows most operators move through certification sequentially currently Contractors are moving to 3 test cycles per year rather than 2 – Coordinated deadline dates for treatment and C&D (collection and distribution)

13. Phase 2 Changes Administrative Changes with Low Impact to Municipalities

14. 100.1 – Added specific authority from statute 100.2 – Added and Modified Definitions for clarification 100.3 – Clarifications and Grammar 100.4 and 100.5 – Consolidated section 100.19 (Class T and Class S Facility Classifications) with the other facility classifications

15. 100.6 Class 2 Facilities – Removed referencing specific general permits by number – Removed application, certification, verification process 100.7 – Consolidated Class T and Class S requirements (100.19) – Added “de minimus” language 100.8 – Added title to the table for consistency

16. 100.9 – Incorporated language from policy regarding basic requirements, minimum education (see 100.9.3(b)), experience – 100.9.9 consolidated Class D, Class 1, and Class S 100.10, 100.11, 100.12, 100.13, 100.14, 100.15, 100.16, 100.17 – Incorporated language from policy – Late fees (100.13) – Put training unit requirements in a table (100.14) 100.19 (Deleted)

17. 100.21 – Added headings – Clarifications – Added Class S to appropriate places in the table – Moved the enforcement provisions against owners from 100.23.4 100.22 – Added late fees for initial certification, renewals, and reciprocity – Stipulated how long you have to finish the certification process before you have to start over

18. 100.23 – Incorporated language from policy on disciplinary actions 100.24 – Add language defining a timely appeal to the Board 100.25 (Deleted) – Obsolete

19. Stakeholder Process 1 st of October make draft with rationale available Stakeholder Meetings – Virtual – On-site 31 st of October close comments November 29 Board meeting--Draft proposal and statement of basis and purpose for noticing Rulemaking Hearing at CRWA Conference (February 13-16) in Colorado Springs

20. Phase 3 Changes

21. More complex issues Classifications of facilities – Do they make sense for small facilities New and emerging technologies Fiscal impacts on municipalities Late 2012

22. Questions, Concerns, or When You’re in Doubt Please contact me!