5.70.090 Certification.
A. Qualification. Under these regulations an individual shall be subjected to testing, as is further defined herein, as well as be obligated to satisfy contractor licensing requirements as referenced.
B. Term. A monitoring and maintenance specialist 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. Certification of monitoring and maintenance specialist competency shall be determined in the following manner:
1. A minimum of two years’ relevant and verifiable experience related to OSS design, installation, monitoring and/or maintenance and satisfactory written examination results within the past 12 months, or
A minimum of two years’ relevant and verifiable experience related to OSS design, installation, monitoring and/or maintenance and certification by reciprocity.
2. Individuals not applying for certification by reciprocity must receive a passing examination score 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, experience verification, and otherwise complied with the other licensing and bonding requirements contained herein so as to demonstrate that said candidate appears to be qualified to monitor and maintain sewage disposal systems consistent with SHD standards. 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.
1. A new certificate shall be issued upon:
a. Determination of competency through testing and experience verification as described above and within the supplemental procedures.
b. Proof of possession of a current, valid general or specialty contractor license issued by the state of Washington.
c. Application submittal and payment of the annual certification fee as listed in the current fee schedule.
2. A renewal monitoring and maintenance specialist certificate of competency will be issued to a holder of an expired monitoring and maintenance specialist 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 maintainer must apply for new certification. OSS monitoring and maintenance may not be performed by any provider until the renewal application is completed and the annual fee is paid.
E. Suspension and Revocation. The Health Officer may suspend or revoke any monitoring and maintenance specialist certification 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 and wastewater 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 or omission of major facts as part of the reporting of activities associated with the monitoring or maintenance of any OSS.
2. When the holder has been issued three notices of violation by the SHD 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. Violation. When the SHD water and wastewater manager finds that the monitoring and maintenance specialist has committed a significant violation of the regulations, principles, or practices of OSS monitoring and maintenance, a notice of violation shall be issued. The monitoring and maintenance specialist 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 monitoring and maintenance specialist shall also be notified of the immediate suspension of the monitoring and maintenance specialist certificate.
2. Upon finding that the conditions of monitoring and maintenance specialist certification are no longer in effect, specifically the maintenance of the Washington State contractor’s 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 monitoring and maintenance specialist shall be notified by certified and regular mail of the immediate suspension of the monitoring and maintenance specialist certificate of competency.
G. Reinstatement of Suspension.
1. The monitoring and maintenance specialist 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 monitoring and maintenance specialist for participation in the next available test. Recertification is subject to the monitoring and maintenance specialist’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 performance bond or contractor’s license, where that is the only fault, the certificate of competency can be immediately reinstated by the Manager.
H. Appeal.
1. Any monitoring and maintenance specialist 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 monitoring and maintenance specialist must specifically state which violations cited by the Water and Wastewater Section 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 maintainer.
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, Right of Appeal.
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 maintenance activities.
c. Allowing another to submit reports using the name on the monitoring and maintenance specialist certificate.
d. By using the name of another certificate holder; fraudulent representation.
e. Asserting undue influence on or interference with SHD staff.
2. When notification of the monitoring and maintenance specialist 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 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. Monitoring or Maintaining without Certification. An individual found to be engaging in the business of OSS monitoring or maintenance 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. Refusal to comply with these requirements will then make the individual ineligible for certification for three years. [Res. 12-15. Prior code § 8.7(IX)].