5.50.060 Certification.
A pumper certification of competency does not allow an individual pumper to perform construction or repair work outside the scope of limited repair measures as defined by these regulations.
A. Qualification. Under these regulations, an individual shall be subjected to testing, as is further defined herein, as well as be obligated to obtain a state of Washington contractor license.
B. Term. A pumper certificate of competency shall run from the date of issue concurrent with the calendar year, and will expire on December 31 of the year unless otherwise suspended or revoked.
C. Application and Testing. Individuals applying for certification must meet minimum examination requirements in accordance with the supplemental procedures.
D. Issuance. A certificate will be issued by the Health Officer to qualified individuals who have passed the necessary written examination, oral review, and otherwise complied with the other licensing and bonding requirements contained herein so as to demonstrate that said candidate appears to be qualified to pump septic tanks and perform system service consistent with the category of the certificate being sought. This certification does not constitute a guaranty, a warranty, or any representation by SHD relative to the specific work or performance of the certificate holder.
Test results for the purpose of certification will be retained for only a 90-day period. Failure to complete requirements and obtain certification within that time will require reapplication and reexamination as outlined in subsection (C) of this section unless special arrangements are made by the Manager of the Water and Wastewater Section.
1. A new certificate shall be issued upon:
a. Determination of competency through testing as described above.
b. Proof of possession of a current, valid general or specialty contractor’s license issued by the state of Washington.
c. Payment of the annual certification fee as listed in the current fee schedule.
2. A renewal pumper certificate of competency will be issued to a holder of an expired pumper certificate upon receipt of payment not later than March 1 of the next certificate year. A late fee, as prescribed in the current fee schedule, shall be imposed on applications for renewal received later than that date. After March 31, the certificate will be nonrenewable and the pumper must apply for new certification as outlined in subsections (C) and (D) of this section. Work performed by any pumper seeking renewal of the pumper certificate will be considered unapproved and/or in violation of these regulations until the renewal application is completed and the annual fee is paid.
E. Suspension and Revocation. The Health Officer may suspend or revoke any pumper certificate of competency upon making the determination that the holder has performed with negligence, incompetence, misrepresentation, or violation of the rules, regulations, guidelines, policies, or practices adopted by SHD which pertain to water supply, wastewater disposal, and/or septage hauling and disposal, either existing at the time of certification or as thereafter enacted. A certificate may be suspended by the Health Officer for any of the following reasons:
1. For committing a violation that would allow the existence of a real or potentially serious threat to the public health or to the quality of surface and groundwaters, or for making any serious, material misrepresentation of major facts as part of the pumping, inspecting or servicing of an OSS.
2. When the holder has been issued three notices of violation by the Environmental Health Division staff within any 12-month period.
3. When the holder’s surety bond or general or specialty contractor’s license is no longer valid or in effect.
F. Suspension.
1. When the Water and Wastewater Manager finds that the pumper has committed a significant violation of the regulations, principles, or practices of septic tank pumping or system servicing, a notice of violation shall be issued. The pumper shall be notified by certified and regular mail of the issuance of the violation notice. Where such violation notice constitutes the third notice of violation within any 12-month period, the pumper shall also be notified of the immediate suspension of the pumper certificate.
2. Upon finding that the conditions of pumper certification are no longer in effect, specifically the maintenance of the Washington State contractor license, or by the abandonment of the occupation either by relocation out of state, or by inactivity for more than one year, the certification shall be suspended. The pumper shall be notified by certified and regular mail of the immediate suspension of the pumper certificate of competency.
G. Reinstatement of Suspension.
1. The pumper shall make written application for reinstatement to the Water and Wastewater Manager, specifying what practices, performance, and conditions that were named as grounds for suspension have been remedied, and a description of changes in performance that will occur which will directly avoid the repetition of past violations.
2. The Water and Wastewater Manager, upon determining that noted deficiencies have been satisfactorily addressed, shall schedule the pumper for participation in the next available test. Recertification is subject to the pumper’s successful completion of the application and testing procedure and payment of testing and licensing fees as per subsections (C) and (D) of this section.
3. Upon proof of reinstatement of the contractor’s license, where that is the only fault, the certificate of competency can be immediately reinstated by the Manager of the Water and Wastewater Section.
H. Appeal.
1. Any pumper who feels that the suspension of the certificate of competency by the Water and Wastewater Manager is an incorrect action may submit an appeal. Such request must be filed in writing with the Director of Environmental Health within 21 days, with the date of suspension counting as the first day.
2. In the request for an administrative review, the pumper must specifically state which violations cited by the Water and Wastewater Manager were incorrectly cited, or which portions of these certification procedures were incorrectly applied. In these instances, suspension of the certificate will be stayed pending outcome of the final hearing unless, in the opinion of the Health Officer, there exists an imminent health hazard that would result from the continued activity of the pumper.
3. An administrative review shall be conducted in accordance with the step one appeals procedure of SHD rules and regulations governing on-site sewage disposal, Chapter 1.20 SHDC.
I. Revocation. The certificate may be revoked for any of the following reasons:
1. A violation of a severity and magnitude that, in the opinion of the Health Officer, warrants immediate revocation. Including but not limited to the following actions:
a. The creation of an extremely serious health hazard.
b. The concealment of major facts or pertinent information regarding a pumper’s activity.
c. Allowing another to submit work using the name on the pumper certificate.
d. By using the name of another certificate holder.
e. Fraudulent representation.
f. Asserting undue influence on or interference with SHD staff.
2. When notification of the pumper through the violation notice process has resulted in the issuance of a notice of violation beyond the second suspension of certification, the certificate shall be subject to complete revocation by the Health Officer.
3. Once revoked, a certificate of competency will not be granted to an individual at any time within the subsequent three-year period from the date of notification.
4. The Health Officer will not revoke a certificate until an opportunity has been provided for a hearing before the Health Officer or the Health Officer’s designee. Certificates shall be revoked through issuance of a Health Officer’s order, to be mailed to the certificate holder by regular and certified mail.
J. Pumping, Inspecting or Servicing without Certification. An individual found to be engaging in the business of pumping, inspecting or servicing OSS without requisite certification shall be notified by the Water and Wastewater Manager, by certified mail, of these requirements. If eligible, the individual is to submit for examination at the next regularly scheduled time, and pay double the test and certification fee. Refusal to comply with these requirements will then make the individual ineligible for certification for three years. [Res. 12-15. Res. 08-10. Revised and reapproved by DOH 12/15/94. Res. 93-32, Eff. 11/09/93. Res. 92-28. Prior code § 8.4(VI)].