1.1 CDPHE CCWP Program & Regulatory Framework (Regulation 100 / 5 CCR 1003-2)

Statutory Authority & Purpose of Regulation 100

In the State of Colorado, the operation of water treatment facilities, domestic and industrial wastewater treatment plants, water distribution networks, and wastewater collection systems is legally restricted to certified personnel. The foundational statutory authority for this mandate resides in the Colorado Revised Statutes (C.R.S.) Title 25, Article 9 (Water and Wastewater Facility Operators Act). This statute establishes the Water and Wastewater Facility Operators Certification Board (WWFOCB) and charges it with establishing criteria to ensure that all individuals possessing direct operational control over public water infrastructure demonstrate verified technical competency.

To execute this statutory mandate, the Board promulgated Regulation 100 (5 CCR 1003-2), formally titled the Water and Wastewater Facility Operators Certification Board - Water and Wastewater Facility Operators Certification Requirements. The primary objective of Regulation 100 is the protection of public health, the safeguarding of environmental quality, and the preservation of the beneficial uses of Colorado's receiving waters (rivers, streams, lakes, and drinking water aquifers). Because Colorado sits at the headwaters of several major river basins—including the Colorado, South Platte, Arkansas, and Rio Grande rivers—downstream states and local communities rely directly on the operational integrity maintained by Colorado's certified water and wastewater operators.

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Structural Hierarchy: Board vs. Division vs. CCWP

Navigating Colorado's regulatory framework requires understanding the distinct roles played by the rule-making board, the administrative state agency, and the professional certification program:

1. The Board (WWFOCB): A ten-member body appointed by the Governor under § 25-9-103, C.R.S. Statutory seats include a certified water or domestic wastewater treatment operator holding the highest level of certification available in Colorado; a certified water distribution or wastewater collection operator at the highest level available; an industrial wastewater representative; a city, special district, or utility manager; a representative of rural water or wastewater facilities; a CDPHE representative who serves ex officio and non-voting; and four at-large members appointed for geographic balance (at least one residing west of the Continental Divide and at least one in the rural eastern plains). At least four voting members must be certified operators, and members serve four-year terms. Article 9 is scheduled for sunset review and is repealed effective September 1, 2031 unless continued. The Board is the policy-making and adjudicatory entity: it promulgates Regulation 100, sets facility classification criteria, hears disciplinary matters, and approves certification for operators certified elsewhere.
2. The Division (CDPHE - WQCD): The Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE) acts as the technical, investigative, and operational staff for the Board. The Division conducts sanitary surveys, routine compliance inspections, environmental sampling audits, and incident investigations following water quality violations, process bypasses, or chemical spills.
3. Colorado Certified Water Professionals (CCWP): The administrative brand and portal program through which operator certification, portal profile tracking, exam eligibility review, license renewals, and training unit (TU) documentation are coordinated.

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Examination Integration: The WPI Framework

Colorado has integrated its operator testing program with Water Professionals International (WPI), formerly known as the Association of Boards of Certification (ABC). Standardizing examinations through WPI ensures that Colorado's certification credentials align with national psychometric standards, rigorous job-task analyses, and broad reciprocity agreements across North America.

Examination Administration & Scoring Standards

• Question Format & Count: Standardized WPI examinations administered for Colorado certification consist of 100 scored multiple-choice questions. Standard exams may also embed up to 10 additional unscored "pre-test" questions utilized by psychometricians to validate future examination banks without affecting candidate scores.
• Passing Score: Candidates must achieve a minimum scaled score of 70% (a raw minimum of 70 correct answers out of the 100 scored questions) to pass.
• Test Delivery: Regulation 100 section 100.15.1(b) requires that all examinations be administered electronically unless other arrangements are made with the exam administrator. Colorado's exam administrator is PSI. After CDPHE's contractor approves your application in the CCWP Portal, you schedule directly with PSI — either at a PSI test center or by remote proctoring if your computer, browser, and internet connection meet PSI's requirements. Testing is continuous and year-round; there are no fixed testing windows.
• Fees: Regulation 100 section 100.17 sets a $50 application and administration fee for certification by examination (paid in the CCWP Portal) and a $104 exam fee paid to PSI when you schedule. Certification for operators holding valid certificates from other certifying entities costs $150, and renewal costs $85. All application and administration fees are non-refundable.
• Retesting: Under section 100.15.1(e), an applicant who fails may retest within the 100-day eligibility period without paying another application and administration fee, although a new exam fee applies for each attempt.
• Examination Time Allowance: Candidates are allotted exactly 3 hours (180 minutes) to complete the 100-question examination.
• Formula Sheets: Standardized WPI Formula/Conversion tables are provided electronically inside the testing interface. Candidates are not permitted to bring personal conversion charts or formulas into the secure testing room.

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Operator Accountability, Ethics & Legal Liability

Under § 25-9-110 C.R.S. and Regulation 100, certified operators are held to a rigorous legal standard of care. Certified operators occupy positions of public trust where operational negligence, falsification, or failure to follow state-mandated monitoring schedules can cause acute waterborne illness outbreaks or severe aquatic life toxicity.

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|                   GROUNDS FOR DISCIPLINARY SANCTION                     |
|                         (§ 25-9-110 C.R.S.)                             |
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| 1. Fraud, misrepresentation, or deceit in obtaining a certificate.      |
| 2. Gross negligence or willful misconduct in facility operation.        |
| 3. Falsification of operational logs, laboratory data, or MORs.         |
| 4. Willful violation of Regulation 100, Regulation 11, or CDPS permits. |
| 5. Failure to exercise reasonable care, judgment, or supervision.       |
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Disciplinary Sanctions

When the Division investigates and confirms an operational violation or ethical breach, the Board possesses statutory authority to impose progressive disciplinary measures:

• Reprimand (100.13.4): An official written admonition stating the facts, the statutory and regulatory provisions at issue, and a warning of more serious consequences for future wrongdoing.
• Suspension (100.13.5): The Board may suspend a certificate for a period not to exceed three (3) years. At the end of the suspension the operator may resume prior duties without filing a new certification application. If the certificate comes up for renewal during a suspension, the operator must still renew on time; a certificate renewed during suspension becomes valid for three years starting on the ending date of the suspension.
• Revocation (100.13.6): Following revocation, the operator may not apply for another certificate in the same classification category for three (3) years, and is then treated as a new applicant who must meet all initial requirements, including passing the certification examination again.
• Emergency Suspension or Revocation (100.13.7): The Division may suspend or revoke a certificate immediately where such action is necessary to protect public health or the environment.
• Prohibition on Representation (100.13.8): After suspension or revocation, the operator must not represent that they hold a certificate in that category, and no person may operate a facility on a suspended or revoked certificate.
• Enforcement: Section 25-9-110, C.R.S. gives the Division authority to enforce compliance against operators and against facility owners who operate without required certified supervision.

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Operational Scenario: Navigating Regulatory Inquiries

Consider an operational event at a 3.0 MGD surface water treatment plant. A coagulant feed pump develops a vapor lock at 02:00, causing rapid-mix chemical delivery to cease. Over the next four hours, settled water turbidity rises sharply, and combined filter effluent reaches 1.2 NTU, exceeding the 1.0 NTU acute health standard under Colorado Regulation 11.

A certified operator arriving at shift change discovers the uncorrected process failure. Under Regulation 100 and Regulation 11, the operator must immediately execute standard operating procedures (SOPs): engage standby chemical feed pumps, notify the designated Operator in Responsible Charge (ORC), initiate filter backwashes or filter-to-waste sequencing, document the exact timeline and chemical dosages in the official physical/electronic logbook, and confirm that the ORC initiates mandatory 24-hour Tier 1 public and CDPHE notifications.

Attempting to alter SCADA trends, back-date chemical calibration logs, or conceal the exceedance constitutes criminal falsification under Colorado law. Full transparency and strict adherence to established SOPs protect both public health and the operator's professional license.