Maine Revised Statutes Title 32 Sec. 4175-A – Compliance and enforcement
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Notwithstanding Title 5, section 10051, after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4, the department may revoke or suspend the certificate of an operator or operator in responsible charge when it finds that the person has: [PL 2021, c. 173, §11 (NEW).]
1. Practiced fraud or deception. Practiced fraud or deception;
[PL 2021, c. 173, §11 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 4175-A
- Certificate: means a certificate of competency issued by the department stating that an applicant has met the requirements for the specified operator classification. See Maine Revised Statutes Title 32 Sec. 4171
- Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 4171
- Fraud: Intentional deception resulting in injury to another.
- Operator: means a person who is certified by the department as being competent to supervise, manage or operate a wastewater treatment plant and to ensure that a wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171
- Operator in responsible charge: means an operator certified by the department, with a certificate in good standing, at or above the classification for the wastewater treatment plant in which the operator is designated by the wastewater treatment plant owner to be the operator responsible for supervising, managing or operating the wastewater treatment plant and ensuring that the wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171
- Wastewater treatment plant: means the facility or group of units provided for the treatment of wastewater to meet the requirements of a state pollutant discharge elimination system permit or a waste discharge license under Title 38, section 413. See Maine Revised Statutes Title 32 Sec. 4171
2. Failed to use reasonable care or judgment or properly apply knowledge. Failed to use reasonable care or judgment or to apply the requisite knowledge, ability or ethical standards in the performance of the person’s required duties;
[PL 2021, c. 173, §11 (NEW).]
3. Failed to operate in compliance. Failed to manage or supervise a wastewater treatment plant in a manner that ensures that the wastewater treatment plant is operated in compliance with state law, rules and licenses;
[PL 2021, c. 173, §11 (NEW).]
4. Violated law, rules, licenses or standards. Violated state law, rules or licenses or ethical standards as set forth in department rules;
[PL 2021, c. 173, §11 (NEW).]
5. Lost or did not possess competency. Lost the competency required for certification or did not possess the competency required at the time of certification; or
[PL 2021, c. 173, §11 (NEW).]
6. Unable to properly perform. Demonstrated that the person is unable to properly perform the person’s required duties.
[PL 2021, c. 173, §11 (NEW).]
An operator or operator in responsible charge whose certificate is revoked under this section may apply for reinstatement of a certification of a like classification if appropriate proof of competency is presented to the department. The department may establish a more stringent proof of competency and procedures for the reinstatement of certification for an operator or operator in responsible charge whose certificate has been revoked. [PL 2021, c. 173, §11 (NEW).]
SECTION HISTORY
PL 2021, c. 173, §11 (NEW).