(a) The commissioner shall grant certification to a public water systems operator or wastewater operator certified by another jurisdiction, if the applicant:

Terms Used In West Virginia Code 16-1-9g

  • Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Public water system: means :

    (A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of 25 individuals per day for at least 60 days per year, or which has at least 15 service connections, and shall include:

    (i) Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system. See West Virginia Code 16-1-2

(1) Is actively seeking, has been offered or has accepted employment which requires a certified operator in West Virginia;

(2) Submits a completed application in a manner approved by the commissioner;

(3) Meets the educational and work experience requirements prescribed by the commissioner through his rulemaking authority; and

(4) Demonstrates he or she has successfully passed an examination, which is substantially equivalent to the certification level sought in West Virginia, as determined by the commissioner.

(b) If the commissioner determines that the other jurisdiction’s examination is not equivalent, the water system operator or wastewater operator is required to successfully complete the West Virginia certification examination applicable to the certification level sought.

(c) Upon application to and approval by the commissioner, a certified public water system may apply for a limited waiver. If approved, a limited waiver shall permit a certified public water systems operator or wastewater operator to perform the tasks of an operator certified one grade higher as a supplement to the certified public water system’s staffing and availability of the primary operator. A limited waiver shall only be granted to a certified public water system, if it has at least one certified public water system operator or wastewater operator in the required class for its operation.