Operator Certification Program - Process Leading to Discipline
The SWRCB has taken steps to increase enforcement and compliance of the California Code of Regulations (CCR) and the California Water Code (CWC). Complaints of wastewater treatment plant operator non-compliance are initially analyzed. If the SWRCB has jurisdiction, a preliminary investigation is undertaken.
The
preliminary investigation
determines if
there is enough
evidence to support
further investigation
of the allegation.
The preliminary
investigation
ends with a "Preliminary
Investigation
Report"
that determines
whether a full-scale
investigation
is appropriate.
A full-scale
investigation
of the allegation
involves the
review and analysis
of all information
that can be obtained
concerning the
allegation. The
investigator
may engage the
aid of Regional
Water Quality
Control Board
personnel and
records, interview
witnesses, obtain
search warrants,
as well as use
other investigative
techniques to
obtain necessary
information.
The full-scale
investigation
could take several
months and a
summary of the
evidence is compiled
in a "Full-Scale
Investigation
Report"
which recommends
a plan of action
which could range
anywhere from
dropping the
allegations because
the evidence
did not support
the allegations
to advocating
discipline for
the alleged violator.
If the Full-Scale
Investigation
Report recommends
discipline, the
alleged violator
is informed and
given 30 days
to appeal the
decision. There
may be as many
as two appeals
to affirm, reject,
or modify the
proposed discipline.
The first appeal
is to the Chief
of the Division
of Financial
Assistance (DFA).
If the first appeal of discipline is affirmed by the Chief of the DFA, a second appeal may be made to the five member State Water Resources Control Board (Board). Taking an appeal to the Board is similar to a public hearing and alleged violators may be represented and face their accusers. Any decision made by the Board is final. The alleged violator may accept the proposed discipline at any time by not appealing the proposed discipline or by waiving their right to a hearing.