CHAPTER 301. GENERAL PROVISIONS

§ 301.1. Definitions.

 The definitions set forth in the act apply to the provisions of this part. In addition, the following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Sewage Treatment Plant and Waterworks Operators’ Certification Act (63 P. S. § §  1001—1015).

   Board—The State Board for Certification of Sewage Treatment Plant and Waterworks Operators.

   Department—The Department of Environmental Resources of the Commonwealth.

   Distribution system—A system, not including a treatment plant, comprising structures, which, operating alone or with other structures, result in the derivation, conveyance or distribution of water for potable purposes to the public.

   Person having direct responsibility for operation of a treatment plant or distribution system—The person whose decisions and directions, based on a technical knowledge of the process, control the manipulation of equipment, and thereby determine the quality of the effluent from a sewage treatment plant or the quality of the water supplied by a water treatment plant or distribution system, as distinct from the subordinate operator, who may or may not be certified.

   Sewage—A substance that contains the waste products or excrementitious or other discharge from the bodies of human beings or animals.

   Sewage treatment plant—A structure designed to treat sewage and from which effluent in excess of 2,000 gallons per day is discharged into waters of this Commonwealth.

   Water treatment plant—A structure by which water prior to discharge into a distribution system is subjected to the addition or removal of a substance in order to enhance the safety or suitability of the water.

 (a)  The regular meetings of the Board will be held during April and October of each year, in Harrisburg, at the call of the chairperson.

 (b)  Special meetings of the Board may be held at the call of the chairperson, or upon the call for a special meeting by three or more members, at a time and place designated by the chairperson. The general purpose of the meeting shall be set forth in the notice of the meeting.

 (c)  The chairperson, when present, shall preside at all meetings of the Board. In the chairperson’s absence, the chairperson will designate a member of the Board to serve as acting chairperson. In the absence of the chairperson, without the designation, the Board will designate a member to be acting chairperson.

 (d)  Robert’s Rules of Order, revised, will be followed insofar as applicable.

   The provisions of this §  301.2 adopted November 20, 1971, effective December 1, 1971, 1 Pa.B. 2158.

 The Board may elect a secretary who is not a member of the Board. The secretary will maintain the records and papers of the Board, issue subpoenas and notices, certify actions and perform other services the chairperson or the Board directs.

   The provisions of this §  301.3 adopted November 20, 1971, effective December 1, 1971, 1 Pa.B. 2158.

HEARINGS

§ 301.11. General requirements.

 (a)  If required by the act or this part, a hearing will be held in conformity with 2 Pa.C.S. § §  501—508 and 701—704 (relating to Administrative Agency Law). The hearing will be held before the Board or before a hearing examiner who will be a member of or appointed by the Board.

 (b)  A request for hearing shall be directed to the secretary of the Board.

 (c)  A hearing will be held in Harrisburg, except when the Board or hearing examiner, for cause shown, determines that a hearing be held at a different location.

 (d)  A hearing may be rescheduled or cancelled at the discretion of the Board or examiner.

   The provisions of this §  301.11 adopted November 20, 1971, effective December 1, 1971, 1 Pa.B. 2158.

 (a)  A written notice of the time, place and subject matter of the hearing shall be sent by the secretary of the Board to the party affected by the action, or proposed action, of the Board at least 10 days prior to the date of the hearing. The notice shall be sent by certified mail or may be served personally by a person who, upon request, shall file an affidavit of the service with the secretary of the Board.

 (b)  A request by a party or the party’s attorney to reschedule or cancel a hearing shall be in writing and shall be received by the secretary of the Board at least 5 days prior to the hearing.

   The provisions of this §  301.12 adopted November 20, 1971, effective December 1, 1971, 1 Pa.B. 2158.

 (a)  A party may be represented at a hearing by an attorney of his choice and shall be afforded reasonable opportunity for the examination and cross examination of witnesses. A witness testifying at a hearing shall be sworn or affirmed. The Board or hearing examiner is not bound by the technical rules of evidence and relevant evidence of a reasonable probative value may be received. A party shall be given the opportunity to file a brief.

 (b)  Testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings. Parties desiring copies of the transcript shall obtain such copies from the official reporter. Parties will also have the opportunity to review a copy of the transcript on file with the board.

 (c)  After the transcript is prepared at the conclusion of the hearing, and after the hearing examiner, if applicable, makes his recommendations to the Board, the Board will issue an adjudication and a copy thereof will be served upon all parties to the proceedings or their representatives.

   The provisions of this §  301.13 adopted November 20, 1971, effective December 1, 1971, 1 Pa.B. 2158.

   This section cited in 25 Pa. Code §  303.23 (relating to hearing on applications); and 25 Pa. Code §  303.26 (relating to notice of grounds for suspension or revocation).