Idaho Board of Drinking Water and Wastewater Professionals

Bureau of Occupational Licenses

1109 Main Street, Suite 220
Boise, Idaho  83702-5642


Minutes of April 20 & 21, 2005



The Idaho Board of Drinking Water and Wastewater Professionals Board meeting was called to order at 9:00 a.m., Wednesday April 20, 2005, at the Bureau of Occupational Licenses, Owyhee Plaza, 1109 Main Street, Suite 220, Boise, Idaho.


Roll Call:     Bill Thompson – Chair

                    Kevin Pfenning – Vice-Chair

                    Victor Coles

                    Robert Hansen

                    Toni Hardesty

                    Mike Schroeder

                    Ross Spackman


Bureau Staff:  Rayola Jacobsen, Bureau Chief

                         Budd Hetrick, Deputy Bureau Chief

                         Roger Hales, Administrative Attorney


Other:         Barry Burnell for Toni Hardesty

                    M. Leggett, City of Boise

                    R. Dees, City of Boise

                    M. Rushton, City of Boise

                    Marcia Schmelzer, City of Boise

                    Joseph Heidt, City of Meridian



Motion by Mike Schroeder to accept the minutes of February 16, 2005. Seconded by Victor Coles, and carried.


Rayola Jacobsen presented the Board with the Legislative Report. Additional Boards will be joining the Bureau in the coming year. The new Boards are the Idaho State Contractors Board, Liquefied Petroleum Gas Safety Board, Speech and Hearing Services Licensure Board, and the Naturopathic Medical Examiners Board. These new Boards will bring additional staff and additional responsibilities to the Bureau.


Rayola Jacobsen presented the Board with the Financial Report. Motion by Ross Spackman for the Bureau to investigate reduction of fees for the next year. Seconded by Mike Schroeder and carried.  A rule change will be required.


Roger Hales presented the Board with a discussion regarding continuing education and new language to identify issues. Rule 500 was reviewed in detail with the Board regarding proposed changes and subject matter. Backflow assembly testers (BATs) re-certify with refresher courses every two (2) years. Rule 300.02.l may need language added to make exclusions in the future for CEU’s. Rule 600 was reviewed in detail.  The Association of Boards of Certification’s (ABC) publication of Need-to-Know Criteria identifies areas of various operator licenses and provides substance regarding continuing education and relevancy that pertains to a particular course. Course providers can refer to the Need-to-Know Criteria for course outlines and material. Courses must also comply with the Environmental Protection Agency  (EPA) requirements for relevancy.  Programs relevant to specific systems discussed are relevant if they fall under EPA guidelines. The EPA reviews each state separately for course approvals. The Board has the authority to determine the number of credits due for courses offered. A distance learning provision was discussed to give a ninety (90) day grace period for denied continuing education courses so that the licensee can provide additional continuing education courses. No CEU’s will be given for “on-site training” received from state officials during facility inspections, sanitary surveys, etc. The application for education approval was reviewed in detail. Community colleges may be required by the Board to submit course clarification and intent letters to the Board.  These courses must be relevant.


Sandee Hitesman presented the Board with Brown Environmental Courses that the Department of Environmental Quality (DEQ) had approved. DEQ has a contract with Brown Environmental, which puts out a yearly calendar which can be accessed by a link off the website. 


The Board discussed the high school diploma/GED requirement versus college degree submitted with applications. The college must be an accredited college, for the college degree to be equivalent to high school diploma/GED. Motion by Mike Schroeder for the Bureau to resurrect applications and re-review those submitted with college degrees. Seconded by Kevin Pfenning and carried.


The Board discussed the Grandparent Provision and confusion with the application process in detail. Motion by Robert Hansen for the Bureau to revise the application for clarity. Seconded by Mike Schroeder and carried.


Audience members addressed the Board with hiring concerns, and the examination process. The rule for the Operator in Training (OIT) process was reviewed in detail, and clarified. Future rule revisions to the OIT process were discussed and will be addressed at the June Board meeting.


Motion by Mike Schroeder to break for lunch. Seconded by Ross Spackman and carried.

The Backflow Assembly Testers questionnaire was reviewed in detail regarding direction for the examination process. There is a need for a new examination, and a decision needs to be made as to which organization to use. Motion by Robert Hansen to appoint a committee to investigate and to compare costs of backflow licensure and examination. Seconded by Mike Schroeder and carried.


Clarification is needed for back flow assembly testers renewal dates and recertification. Information downloaded from DEQ to the Bureau indicated some expiration dates as of 12/31/2005, and 12/31/2006. This will be an agenda item for discussion at the June 8, 2005 Board meeting.                                                                                                                        


Discussion was focused on rule changes. The Board members are to investigate the rules independently for any revisions. Those proposed revisions are to be emailed to the Board secretary, and transferred to the Administrative Attorney and to the Bureau Chief.


Application fees, license fees, and examination fees were reviewed in detail. The Bureau is directed to implement an inquiry for refund of original license fees to those applications that were denied. A rule revision may be necessary.


Roger Hales presented the Board with a letter stating a conflict of interest issue. Idaho Statute 59 Chapter 7 was reviewed in detail with the Board. Motion by Victor Coles to direct Mr. Hales to respond to this letter on behalf of the Board with reference to case law and current statute. Seconded by Robert Hansen and carried.


The Board reviewed a written request by Thomas E. Monahan to re-review his application for endorsement; the Board had previously approved him for a class two (2) treatment license. Mr. Monahan felt that his qualifications from California, experience, and education warranted a higher level of licensure than what the Board recommended at their February 16, 2005 meeting. California is not an ABC affiliate, therefore the exam is not equal to Idaho. California criteria reviewed in detail, and consideration was given to Mr. Monahan’s college degree. Upon re-review of this application, the Board determined that Mr. Monahan be issued a class three (3) license.


Roger Hales presented the Board with research regarding the licensing of backflow assembly instructors. Mr. Hales reviewed Idaho Statute 54.2406 in detail with the Board. The instructors that are approved at this time were pre-approved by DEQ. All instructors at this time teach the same program, and a possible criteria for instructors was discussed. Motion by Victor Coles to designate a committee of Mike Schroeder, Bill Thompson, and Robert Hansen to look at backflow assembly tester questions and examinations and report their findings at the June 8, 2005 Board meeting. Seconded by Kevin Pfenning and carried.


Barry Burnell presented the Board with an update on land application criteria from DEQ. The process is on track and DEQ is preparing a request through the Division of Financial Management (DFM) for the rule making process. Operators must be licensed.


Motion By Kevin Pfenning to go into executive session to consider forty-three application records that are exempt from disclosure as provided in Chapter 3, Title 9 Idaho Code. Seconded by Victor Coles and carried.


Motion By Kevin Pfenning to come out of executive session. Seconded by Victor Coles and carried.


Continuing Education applications reviewed. Approved courses will be posted on the website.


Meeting recessed.


APRIL 21, 2005


Chairman Bill Thompson called the meeting to order at 8:35 a.m. Board members present: Chairman Bill Thompson, Barry Burnell, Victor Coles, Robert Hansen, Mike Schroeder, Kevin Pfenning. Absent/excused Ross Spackman.


Discussion of renewal dates and expiration dates of back flow assembly testers continued. Motion by Victor Coles that all refresher courses must be taken prior to the licensee’s birth date in 2006. Seconded by Mike Schroeder and carried. The Bureau is directed to insert statements with the backflow assembly testers renewal forms indicating when the refresher courses are due. Refresher courses will be accepted from Oregon and Washington, as courses are standardized. Backflow assembly instructors will not be required to take the refresher course.


The grandparent provision application process was discussed in detail and the criteria required. All applications for the grandparent provision must include a notarized owner affidavit, list of duties performed, time and experience indicated, date of employment, completed affidavit of responsible charge operator, and system classification worksheet of the facility. Grandparent licenses are site specific and cannot be transferred to any other facility.


Motion by Kevin Pfenning to go into executive session to consider fourteen grandparent application records that are exempt from disclosure as provided in Chapter 3, Title 9, Idaho Code. Seconded by Mike Schroeder and carried.


Motion by Kevin Pfenning to come out of executive session. Seconded by Mike Schroeder and carried.


Motion by Barry Burnell to adjourn at 11:10 a.m. Seconded by Robert Hansen