H 4690 Session 112 (1997-1998)
H 4690 General Bill, By Sharpe, Davenport and W. McLeod
A BILL TO AMEND TITLE 40, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THIS CHAPTER TO
THE STATUTORY AND ORGANIZATIONAL FRAMEWORK FOR PROFESSIONAL AND OCCUPATIONAL
BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND
REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF
ENVIRONMENTAL SYSTEMS OPERATORS.
02/25/98 House Introduced and read first time HJ-18
02/25/98 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-19
03/18/98 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
03/19/98 House Amended HJ-17
03/19/98 House Read second time HJ-19
03/19/98 House Unanimous consent for third reading on next
legislative day HJ-19
03/20/98 House Read third time and sent to Senate HJ-3
03/24/98 Senate Introduced and read first time SJ-10
03/24/98 Senate Referred to Committee on Labor, Commerce and
Industry SJ-10
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 19, 1998
H. 4690
Introduced by Reps. Sharpe, Davenport and
McLeod
S. Printed 3/19/98--H.
Read the first time February 25, 1998.
A BILL
TO AMEND TITLE 40, CHAPTER 23, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL
SYSTEMS OPERATORS, SO AS TO CONFORM THIS CHAPTER
TO THE STATUTORY AND ORGANIZATIONAL
FRAMEWORK FOR PROFESSIONAL AND OCCUPATIONAL
BOARDS UNDER THE ADMINISTRATION OF THE
DEPARTMENT OF LABOR, LICENSING AND REGULATION
AND TO FURTHER PROVIDE FOR THE LICENSURE AND
REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 23 of Title 40 of the 1976 Code is amended
to read:
"CHAPTER 23
Environmental Systems Operators
Section 40-23-10. When used in this chapter:
(1) "Public water supply" means:
(a) any publicly or privately owned waterworks
system which provides drinking water, whether bottled or piped, for
human consumption, including the source of supply whether the
source of supply is of surface or subsurface origin;
(b) all structures and appurtenances used for the
collection, treatment, storage, or distribution of drinking water
delivered to point of meter of consumer or owner's connection;
(c) any part or portion of the system, including any
water treatment facility, which in any way alters the physical,
chemical, radiological, or bacteriological characteristics of drinking
water. Public water supply does not include a drinking water system
serving a single private residence or dwelling. A separately owned
system with its source or supply from another waterworks system is
a separate public water supply.
(2) "Water treatment facility" means any
public water supply which alters the physical, chemical, or
bacteriological characteristics of potable water furnished to the public
for human consumption whether the source of supply is of surface or
subterranean origin.
(3) "Public wastewater treatment plant"
means that portion of a public, private, or corporate wastewater
system which treats domestic, commercial, or industrial waste and
which alters physical, chemical, or bacteriological characteristics
before placing the waste into any receiving waters.
(4) "Operator" means all persons employed
in a public water treatment facility or public wastewater treatment
plant whose duties include alteration of the physical, chemical, or
bacteriological characteristics of water or wastewater.
(5) "Board" means the South Carolina
Environmental Certification Board.
(6) "Certificate of registration" or
"certificate" means a serially numbered document issued
by the board, containing the name of the person registered and the
date of registration and authenticated by a signature as determined by
the board, certifying that the person named has been registered by the
board as an operator of a public water treatment facility, public
wastewater treatment plant, percolation test technician, or a well
driller.
(7) "Well" means a bored, drilled, or driven
shaft, or a dug hole whose depth is greater than the largest surface
dimension, from which water is extracted or injected including, but
not limited to, wells used for water supply for irrigation, industrial,
and manufacturing processes, or drinking water, wells used for
underground injection of waste for disposal, storage, or drainage
disposal, wells used in mineral or geothermal recovery, and any other
special process wells.
(8) "Well drille" means any person directly
responsible for construction of wells at the well site.
(9) "Percolation test technician" means a
person who performs measurements of the percolation of water in
soil.
(10) "Licensee" means a person who holds
a current certificate of registration issued by the board.
Section 40-23-20. There is created the South
Carolina Environmental Certification Board composed of nine
members appointed by the Governor.
Two members must be certified water operators, two must
be certified wastewater operators, one of whom must be certified in
the physical chemical specialty, one must be a licensed well driller,
one must be a member of the public at large, one must be a
representative from the Water Resources Division of the Department
of Natural Resources, one must be a member of the Department of
Health and Environmental Control, designated by the director, and
one must be a representative from a technical education or other
higher education institution actively involved in operator training.
The South Carolina Water and Pollution Control Association may
recommend one certified water operator and one certified wastewater
operator, who is certified in the physical chemical specialty; the
South Carolina section of the American Water Works Association
may recommend one certified water operator; the South Carolina
section of the Water Pollution Control Federation may recommend
one certified wastewater operator; and the South Carolina Well
Drillers' Association may recommend a certified well driller. Any
individual, group, or association may nominate qualified individuals
to the Governor for his consideration.
Members shall serve four years, not to exceed two terms,
and until successors are appointed and qualify. The Governor may
reject any of the nominees found unacceptable. Vacancies must be
filled in the manner as the original appointment for the unexpired
portion of the term.
Section 40-23-35. The Governor may remove any
member of the board who has been found guilty of continued neglect
of his duties or who is found to be incompetent, unprofessional, or
dishonorable. No member may be removed without first giving him
an opportunity to refute the charges filed against him. He must be
given a copy of the charges at the time they are filed.
If a board member is disqualified and his absence results in
the lack of a quorum or an adequate number of members to perform
official functions, the Governor may deputize an individual to replace
him during the period of disqualification. The deputized individual
shall meet the same qualifications as the member he is replacing and
shall take the same oath as required of other members of the board.
Section 40-23-40. The board shall meet at least
once a year and at other times as its bylaws provide, at a place
designated by the chairman. The board shall elect a chairman and a
vice-chairman from its membership annually. The board may
promulgate regulations, pursuant to the Administrative Procedures
Act it considers necessary for the purposes of carrying out the
provisions of this chapter.
No member of the board or its committees, special
examiners, agents, and employees may be held liable for acts
performed in the course of official duties except where actual malice
is shown. For the purpose of any investigation or proceeding under
the provisions of this chapter, the board or a person designated by it
may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of documents or records which
the board considers relevant to the inquiry. In the case of contumacy
by or refusal to obey a subpoena issued to a person, an administrative
law judge as provided under Article 5 of Chapter 23 of Title 1 upon
application of the board may issue an order requiring the person to
appear before the board or the person designated by it and produce
documentary evidence and to give other evidence concerning the
matter under inquiry.
Whenever the board has reason to believe that a person is
violating or intends to violate a provision of this chapter, it may, in
addition to all other remedies, order the person to desist immediately
and refrain from the conduct. The board may apply to an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 for an injunction restraining the person from the conduct.
The examiner may issue a temporary injunction ex parte not to
exceed ten days and, upon notice and full hearing, may issue any
other order in the matter it considers proper. No bond is required of
the board by the examiner as a condition to the issuance of an
injunction or order contemplated by the provisions of this section.
Section 40-23-50. The board shall keep a record of its
proceedings and a register of applications for certificates of
registration showing the date of application, the name, qualification,
place of business, and place of residence of each applicant, and
whether the certificate of registration was granted or refused. This
record is open to public inspection at all reasonable times.
Section 40-23-60. The members of the board shall
receive no salaries, but each member is entitled to per diem, mileage,
and subsistence as authorized by law for members of boards,
commissions, and committees when engaged in the actual
performance of their duties.
Section 40-23-70. The board may assist and advise
agencies and institutions in the conduct of educational programs for
licensees.
Section 40-23-80. (A) A person desiring
to be registered as a public water treatment facility operator, public
wastewater treatment plant operator, percolation test technician, or
well driller shall make application on a form prescribed and furnished
by the board.
(B) Annual renewal is required for a certificate to remain
in effect.
(C) The board shall review the applications submitted to it
and make determinations in each case it considers proper and has
final disposition of all applications.
(D) In the event the registration is denied, an applicant may
appeal to the board within sixty days of receipt of the denial for a
review of his application.
(E) All assessments and licensing fees must be determined
by the board, and all fee increases must be approved by the General
Assembly pursuant to Chapter 23 of Title 1.
Section 40-23-90. To be eligible for registration by
the board, each applicant shall complete successfully the
requirements prescribed by the regulations of the board for the type
of certificate applied for.
Section 40-23-110. The certificates of registration
issued by the board are permanent unless revoked for cause, replaced
by one of a higher grade, or invalidated.
Section 40-23-120. The board shall receive
complaints by a person against a licensee and shall require a
complaint to be submitted in written form. Upon receipt of the
complaint, a person designated by the chairman shall investigate the
allegations in the complaint and make a report to the board
concerning his investigation. In instances where a board member
makes the initial investigation or complaint, he may not sit with the
board at the hearing of the complaint. If the board then desires to
proceed further, it may, in its discretion, file a formal accusation
charging the licensee with a violation of a provision of this chapter.
The accusation must be signed by the chairman or vice-chairman.
When the accusation is filed and the board has set a date and place
for hearing on the accusation, the board shall notify the accused in
writing not less than thirty days before the hearing, and a copy of the
accusation must be attached to the notice. The notice must be served
personally or sent to the accused by registered mail, return receipt
requested, directed to his last mailing address furnished to the board.
The post office registration receipt signed by the accused, his agent,
or a responsible member of his household or office staff, or, if not
accepted by the person to whom addressed, the postal authority stamp
showing the notice refused is prima facie evidence of service of the
notice.
The accused may appear and show cause why his certificate
should not be suspended or revoked or other disciplinary action
taken. The accused has the right to be confronted with and to
cross-examine the witnesses against him and the right to counsel. For
the purposes of the hearings, the board may require by subpoena the
attendance of witnesses, the production of documents, may
administer oaths, and hear testimony, either oral or documentary, for
and against the accused. All investigations and proceedings
undertaken under the provisions of this chapter are confidential.
Every communication, whether oral or written, made by or
on behalf of any complainant to the board or its agents or any hearing
panel or member of the panel, pursuant to this chapter, whether by
way of complaint or testimony, is privileged. No action or
proceeding, civil or criminal, may lie against a person by whom or on
whose behalf the communication has been made, except upon proof
that the communication was made with malice.
No part of this chapter may be construed as prohibiting the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law, nor to prohibit the
respondent from normal access to the charges and evidence filed
against him as a part of due process under the law.
Section 40-23-125. The board may revoke,
suspend, or otherwise restrict the certificate of a licensee or
reprimand or otherwise discipline him when it is established that the
certificate holder is guilty of misconduct as defined in this section.
Misconduct, which constitutes grounds for revocation, suspension, or
restriction of a certificate or limitation on, a licensee reprimand, or
other discipline of a licensee is satisfactory showing to the board that
the holder of a certificate:
(1) has used a false, fraudulent, or forged statement or
document or a fraudulent, deceitful, or dishonest act has been
practiced by him in connection with any of the certificate
requirements;
(2) practiced while under either the influence of alcohol
or drugs to such a degree as to affect adversely his ability to practice;
(3) uses alcohol or drugs to such a degree as to affect
adversely his ability to practice;
(4) has performed knowingly an act which in any way
assists a person to practice illegally;
(5) has sustained physical or mental impairment or
disability which renders further practice by him dangerous to the
public;
(6) has violated the principles of ethics as adopted by the
board and published in its regulations;
(7) is guilty of obtaining fees or assisting in obtaining
fees under deceptive, false, or fraudulent circumstances;
(8) is guilty of the use of intentionally false or fraudulent
statement in a document connected with his work;
(9) has been found by the board to lack the professional
competence of practice;
(10) has violated a provision of this chapter regulating
operators, well drillers, or percolation test technicians or regulations
issued pursuant to this chapter.
In addition to all other remedies and actions incorporated
in this chapter, the certificate of a licensee adjudged mentally
incompetent by a court of proper jurisdiction is automatically
suspended by the board until he is adjudged by a court of competent
jurisdiction or in any manner provided by law as being restored to
mental competency.
Section 40-23-127. If the board is satisfied that a
licensee is guilty of an offense charged in the formal accusation
provided for in this chapter, it shall revoke, suspend, reprimand, or
otherwise take other reasonable action short of revocation or
suspension, such as requiring the operator to undertake additional
professional training. In all cases where disciplinary action is taken
by the board, written notice of the action must be mailed by the board
to the accused at his last known address as provided to the board by
the accused.
Any final order of the board finding that a licensee is guilty
of an offense charged in a formal accusation becomes public
knowledge except for a final order dismissing the accusation or
determining that a private reprimand is in order. All final orders
which are made public must be mailed to local and state professional
associations, all firms or facilities with which the respondent is
associated, states where the licensee has a license or certificate
known to the board, and to any other source that the board wishes to
furnish this information.
Any decision by the board to revoke, suspend, or otherwise
restrict the certificate must be by majority vote and is subject to
review by an administrative law judge as provided under Article 5 of
Chapter 23 of Title 1.
Section 40-23-130. A person of good moral
character licensed as an operator, well driller, or percolation test
technician by another state or territory whose requirements are
commensurate with the requirements of this State, upon the payment
of a fee not to exceed fifty dollars, may be granted a certificate of
registration by the board.
Section 40-23-140. (A) It is unlawful for any
person to practice as a public water treatment facility operator except
for those water supplies classified in Group I under Section
44-55-40(j), unless the person practicing has fully complied with the
provisions of this chapter and holds a current certificate of
registration issued by the board in a grade equal to or higher than that
grade designated for the public water supply at which he is employed.
(B) It is unlawful for a person to practice as a public
wastewater treatment plant operator unless the person practicing has
fully complied with the provisions of this chapter and holds a current
certificate of registration issued by the board in a grade equal to or
higher than that grade designated for the public wastewater treatment
plant at which he is employed.
(C) It is unlawful for a person to practice as a percolation
test technician unless the person has fully complied with the
provisions of this chapter and holds a current certificate of
registration issued by the board.
(D) It is unlawful for any person to practice as a well driller
unless the person so practicing has fully complied with the provisions
of this chapter and holds a current certificate of registration issued by
the board.
(E) The board shall permit, by regulation, on-the-job
training for persons seeking certification under this chapter.
(F) The provisions of this chapter do not apply to persons
licensed or authorized by other boards or agencies to perform
percolation tests as an incident to the practice of their profession or
to persons constructing, opening, or closing wells on their own
property.
Section 40-23-150. The Environmental
Certification Board shall establish, in its regulations, a grade of
certification corresponding to those groups of public water treatment
facilities and public wastewater treatment plants that are required by
Section 48-1-110 and Section 44-55-40(k) to have an
"operator-in-charge".
Section 40-23-170. A person convicted of
violating the provisions of this chapter after notification in writing by
the board that he is in violation of this chapter is guilty of a
misdemeanor and must be fined not more than one hundred dollars
or imprisoned for not more than thirty days. Each day of violation
after the notice of violation constitutes a separate offense.
Section 40-23-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 of Title 40 applies to the Environmental
Certification Board and its licensees regulated by the Department of
Labor, Licensing and Regulation. If there is a conflict between this
chapter and Article 1, Chapter 1 of Title 40, the provisions of this
chapter control.
Section 40-23-10. (A) There is created the South Carolina
Environmental Certification Board composed of nine members
appointed by the Governor.
(B) Two members must be certified water operators; two must be
certified wastewater operators, one of whom must be certified in the
physical chemical specialty; one must be a licensed well driller; one
must be a member of the public at large; one must be a representative
from the Water Resources Division of the Department of Natural
Resources; one must be a member of the Department of Health and
Environmental Control, designated by the director; and one must be
a representative from a technical education or other higher education
institution actively involved in operator training. The South Carolina
Water and Pollution Control Association may recommend one
certified water operator and one certified wastewater operator, who
must be certified in the physical chemical specialty; the South
Carolina section of the American Water Works Association may
recommend one certified water operator; the South Carolina section
of the Water Pollution Control Federation may recommend one
certified wastewater operator; and the South Carolina Well Drillers'
Association may recommend a certified well driller. Any individual,
group, or association may nominate qualified individuals to the
Governor for his consideration.
(C) Members shall serve terms of four years, not to exceed two
terms, and until their successors are appointed and qualify. The
Governor may reject any of the nominees that the Governor finds
unacceptable. Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
(D) The board shall elect a chairman and vice-chairman from its
membership annually. The board shall meet at least once a year and
at other times as its by-laws provide, at a place designated by the
chairman.
(E) The Governor may remove any member of the board in
accordance with Section 1-3-240. No member may be removed
without first giving him an opportunity to refute the charges filed
against him. He must be given a copy of the charges at the time they
are filed.
(F) If a board member is disqualified and his absence results in the
lack of a quorum or an adequate number of members to perform
official functions, the Governor may deputize an individual to replace
the disqualified member during the period of disqualification. The
deputized individual shall meet the same qualifications as the
member he is replacing and shall take the same oath as required of
other members of the board.
(G) The members of the board shall receive no salaries, but each
member is entitled to per diem, mileage, and subsistence as
authorized by law for members of boards, commissions, and
committees when engaged in the actual performance of their duties.
Section 40-23-20. When used in this chapter:
(1) 'Board' means the South Carolina Environmental
Certification Board.
(2) 'Certificate of registration' or 'certificate' means a serially
numbered document issued by the board, containing the name of the
person registered and the date of registration and authenticated by a
signature as determined by the board, certifying that the person
named has been registered by the board as an operator of a public
water treatment facility, public wastewater treatment plant,
percolation test technician, or a well driller.
(3) 'Licensee' means a person who holds a current certificate of
registration issued by the board.
(4) 'Operator' means a person employed in a public water
treatment facility or public wastewater treatment plant whose duties
include alteration of the physical, chemical, or bacteriological
characteristics of water or wastewater.
(5) 'Percolation test technician' means a person who performs
measurements of the percolation of water in soil.
(6) 'Pool/Spa' means a public swimming pool or spa required by
the South Carolina Department of Health and Environmental Control
to have a permit to operate.
(7) 'Pool/Spa Operator' means a person who is responsible for
the operation of a public pool/spa.
(8) 'Public wastewater treatment plant' means that portion of a
public, private, or corporate wastewater system which treats
domestic, commercial, or industrial waste and which alters physical,
chemical, or bacteriological characteristics before placing the waste
into any receiving waters.
(9) 'Public water supply' means:
(a) a publicly or privately owned waterworks system which
provides drinking water, whether bottled or piped, for human
consumption, including the source of supply whether the source of
supply is of surface or subsurface origin;
(b) all structures and appurtenances used for the collection,
treatment, storage, or distribution of drinking water delivered to point
of meter of consumer or owner's connection;
(c) a part or portion of the system, including any water
treatment facility, which in any way alters the physical, chemical,
radiological, or bacteriological characteristics of drinking water.
Public water supply does not include a drinking water system serving
a single private residence or dwelling. A separately owned system
with its source or supply from another waterworks system is a
separate public water supply.
(10) 'Water treatment facility' means a public water supply which
alters the physical, chemical, or bacteriological characteristics of
potable water furnished to the public for human consumption whether
the source of supply is of surface or subterranean origin.
(11) 'Well' means a bored, drilled, or driven shaft, or a dug hole
whose depth is greater than the largest surface dimension, from which
water is extracted or injected including, but not limited to, wells used
for water supply for irrigation, industrial, and manufacturing
processes or drinking water, wells used for underground injection of
waste for disposal, storage, or drainage disposal, wells used in
mineral or geothermal recovery, and any other special process wells.
(12) 'Well driller' means a person directly responsible for
construction of wells at the well site.
Section 40-23-30. It is unlawful for a person to practice as an
Environmental Systems Operator in this State without being licensed
in accordance with this chapter.
Section 40-23-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 40-1-50.
(B) No member of the board or its committees, special examiners,
agents, and employees may be held liable for acts performed in the
course of official duties except where actual malice is shown. For the
purpose of any investigation or proceeding under the provisions of
this chapter, the board or a person designated by it may administer
oaths and affirmations, subpoena witnesses, take evidence, and
require the production of documents or records which the board
considers relevant to the inquiry. In the case of contumacy by or
refusal to obey a subpoena issued to a person, an administrative law
judge, upon application of the board, may issue an order requiring the
person to appear before the board or the person designated by the
board and produce documentary evidence and to give other evidence
concerning the matter under inquiry.
(C) The board shall keep a record of its proceedings and a register
of applications for certificates of registration showing the date of
application, the name, qualification, place of business, and place of
residence of each applicant and whether the certificate of registration
was granted or refused. This record is open to public inspection at all
reasonable times.
Section 40-23-60. The board may adopt rules governing its
proceedings and internal operations and may promulgate regulations
necessary to carry out the provisions of this chapter.
Section 40-23-70. In addition to the powers and duties provided in
this chapter, the board has those powers and duties set forth in
Section 40-1-70.
Section 40-23-80. The board shall receive complaints by a person
against a licensee and shall require a complaint to be submitted in
written form. Upon receipt of the complaint, a person designated by
the chairman shall investigate the allegations in the complaint and
make a report to the board concerning the investigation. In instances
where a board member makes the initial investigation or complaint,
that board member may not sit with the board at the hearing of the
complaint. If the board then desires to proceed further, it may file a
formal accusation charging the licensee with a violation of a
provision of this chapter or a regulation promulgated under this
chapter. The accusation must be signed by the chairman or
vice-chairman. When the accusation is filed and the board has set a
date and place for hearing on the accusation, the board shall notify
the accused in writing not less than thirty days before the hearing,
and a copy of the accusation must be attached to the notice. The
notice must be served personally or sent to the accused by registered
mail, return receipt requested, directed to his last mailing address
furnished to the board. The post office registration receipt signed by
the accused, his agent, or a responsible member of his household or
office staff, or, if not accepted by the person to whom addressed, the
postal authority stamp showing the notice refused is prima facie
evidence of service of the notice.
Section 40-23-90. (A) The accused may appear and show cause
why his certificate should not be suspended or revoked or other
disciplinary action taken. The accused has the right to be confronted
with and to cross-examine the witnesses against him and the right to
counsel. For the purposes of the hearings, the board may require by
subpoena the attendance of witnesses, the production of documents,
may administer oaths, and hear testimony, either oral or
documentary, for and against the accused. All investigations and
proceedings undertaken under this chapter are confidential.
(B) Every communication, whether oral or written, made by or on
behalf of any complainant to the board or its agents or any hearing
panel or member of the panel, pursuant to this chapter, whether by
way of complaint or testimony, is privileged. No action or
proceeding, civil or criminal, may lie against a person by whom or on
whose behalf the communication has been made, except upon proof
that the communication was made with malice.
(C) No part of this chapter may be construed as prohibiting the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law, nor to prohibit the
respondent from normal access to the charges and evidence filed
against him as a part of due process under the law.
Section 40-23-100. In addition to other remedies provided for in
this chapter or Chapter 1, Title 40, the board in accordance with
Section 40-1-100 may issue a cease and desist order or may petition
an administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-23-110. (A) The board may revoke, suspend, or
otherwise restrict the certificate of a licensee or reprimand or
otherwise discipline a licensee upon a satisfactory showing to the
board that the licensee:
(1) has used a false, fraudulent, or forged statement or document
or a fraudulent, deceitful, or dishonest act has been practiced by the
licensee in connection with any of the certificate requirements;
(2) practiced while under either the influence of alcohol or
drugs to such a degree as to affect adversely the licensee's ability to
practice;
(3) uses alcohol or drugs to such a degree as to affect adversely
the licensee's ability to practice;
(4) has performed knowingly an act which in any way assists a
person to practice illegally;
(5) has sustained physical or mental impairment or disability
which renders further practice by the licensee dangerous to the
public;
(6) has violated the principles of ethics as adopted by the board
and in regulations;
(7) is guilty of obtaining fees or assisting in obtaining fees
under deceptive, false, or fraudulent circumstances;
(8) is guilty of the use of intentionally false or fraudulent
statement in a document connected with his work;
(9) has been found by the board to lack the professional
competence of practice;
(10) has violated a provision of this chapter regulating operators,
well drillers, pool/spa operators or percolation test technicians or
regulations issued pursuant to this chapter.
(B) A decision by the board to revoke, suspend, or otherwise
restrict the certificate of a licensee must be by majority vote and is
subject to review by an administrative law judge pursuant to the
Administrative Procedures Act.
(C) In addition to all other remedies and actions incorporated in
this chapter, the certificate of a licensee adjudged mentally
incompetent by a court of proper jurisdiction is deemed automatically
suspended upon the adjudication until he is adjudged by a court of
competent jurisdiction or in any manner provided by law as being
restored to mental competency.
Section 40-23-120. (A) In addition to the sanctions provided for
in Section 40-23-110, the board may take other disciplinary action
against a licensee including, but not limited to, requiring the licensee
to undertake additional professional training. In all cases where
disciplinary action is taken by the board, written notice of the action
must be mailed by the board to the accused at his last known address
as provided to the board by the accused.
Section 40-23-130. As provided for in Section 40-1-130 the
board may deny licensure to an applicant based on the same grounds
for which the board may take disciplinary action against a licensee.
Section 40-23-140. A license may be denied based on a person's
prior criminal record only as provided for in Section 40-1-140.
Section 40-23-150. A licensee under investigation for a violation
of this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section
40-1-150.
Section 40-23-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 40-23-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-23-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 40-23-190. Investigations and proceedings conducted
under the provisions of this chapter are confidential and all
communications are privileged as provided for in Section 41-1-190.
Section 40-23-200. A person who violates any provision of this
chapter or who knowingly submits false information for the purpose
of obtaining a license is guilty of a misdemeanor and, upon
conviction, must be imprisoned not more than one year or fined not
more than fifty thousand dollars.
Section 40-23-210. In addition to initiating a criminal proceeding
for a violation of this chapter, the board may seek civil penalties and
injunctive relief in accordance with Section 40-1-210.
Section 40-23-220. To be eligible for registration by the board,
each applicant shall complete successfully the requirements
prescribed by the board in regulation for the type of certificate
applied for.
Section 40-23-230. (A) A person desiring to be registered as a
public water treatment facility operator, public wastewater treatment
plant operator, pool/spa operator, percolation test technician, or well
driller shall make application on a form prescribed and furnished by
the board.
(B) Annual renewal is required for a certificate to remain in effect.
Renewals are due annually on October 1. Certificates not renewed
by October 1 may be renewed before the following December 31 by
paying twice the annual renewal fee. Certificates not renewed by
December 31 expire and are no longer valid.
(C) The board shall review the applications submitted and make
determinations in each case it considers proper. The board has sole
authority for issuing certificates of registration under this chapter and
shall make the final disposition of all applications.
(D) In the event the registration is denied, an applicant may appeal
to the board within sixty days of receipt of the denial for a review of
his application.
(E) All assessments and licensing fees must be established by the
board in regulation.
Section 40-23-240. The board may assist and advise agencies and
institutions in the conduct of educational programs for licensees.
Section 40-23-250. The certificates of registration issued by the
board are permanent unless revoked for cause, replaced by one of a
higher grade, or invalidated.
Section 40-23-260. A person of good moral character licensed as
an operator, well driller, or percolation test technician by another
state or territory whose requirements are commensurate with the
requirements of this State, upon the payment of a fee as provided by
the board in regulation, may be granted a certificate of registration by
the board.
Section 40-23-270. (A) It is unlawful for a person to practice as
a public water treatment facility operator except for those water
supplies classified in Group I under Section 44-55-40(j), unless the
person practicing has fully complied with the provisions of this
chapter and holds a current certificate of registration issued by the
board in a grade equal to or higher than that grade designated for the
public water supply at which he is employed.
(B) It is unlawful for a person to practice as a public wastewater
treatment plant operator unless the person practicing has fully
complied with the provisions of this chapter and holds a current
certificate of registration issued by the board in a grade equal to or
higher than that grade designated for the public wastewater treatment
plant at which he is employed.
(C) It is unlawful for a person to practice as a pool/spa operator
unless the person practicing has fully complied with the provisions
of this chapter and holds a current certificate of registration issued by
the board.
(D) It is unlawful for a person to practice as a percolation test
technician unless the person has fully complied with the provisions
of this chapter and holds a current certificate of registration issued by
the board.
(E) It is unlawful for any person to practice as a well driller unless
the person has fully complied with the provisions of this chapter and
holds a current certificate of registration issued by the board.
(F) The board shall establish in regulation on-the-job training
requirements for persons seeking certification under this chapter.
(G) The provisions of this chapter do not apply to persons licensed
or authorized by other boards or agencies to perform percolation tests
as an incident to the practice of their profession or to persons
constructing, opening, or closing wells on their own property.
Section 40-23-280. The board shall establish in regulations a
grade of certification corresponding to those groups of public water
treatment facilities and public wastewater treatment plants that are
required by Section 48-1-110(c) and Section 44-55-40(k) to have an
'operator-in-charge'.
Section 40-23-290. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
Section 40-23-300. (A) The board shall certify qualified
applicants in accordance with the levels of certification defined in
this section. In each case, the applicant must meet at least the
minimum experience requirements set for the level of certification
being sought. Further, each applicant must comply with the
examination requirements of Regulation 51-6, relevant to the level of
certification desired. Existing water treatment plant operators will
continue to be allowed to hold their existing certification with all the
rights and privileges of the certification. Operators working in water
treatment facilities which do not change their treatment process but
are reclassified may continue to operate those facilities without
upgrading their certification.
(B) An applicant's education may be considered by the board
in determining whether an applicant meets the experience
requirements for certification.
(C) No additional fee may be charged for an operator to progress
from a lower level to a higher level. However, an examination fee
must be charged for each examination taken by an applicant.
(D) The level of certification for water treatment plant operators
and the requirements for each level are as follows:
(1) Trainee:
(a) complete application;
(b) pay applicable fee.
(2) E-Level:
(a) hold a valid Trainee level permit;
(b) successfully complete the entry level examination;
(c) operate a water treatment facility, as defined by the
department, for at least six months;
(d) be a graduate of high school or have earned a General
Education Development (GED) certification.
(3) D-Level:
(a) hold a valid Trainee level permit;
(b) successfully complete the entry level examination;
(c) operate a water treatment facility, as defined by the
department, for at least one year;
(d) be a graduate of high school or have earned a General
Education Development (GED) certification.
(4) C-Level:
(a) hold a valid D-Level Certificate;
(b) successfully complete the C-Level examination;
(c) operate a water treatment facility, as defined by the
department, for at least two years.
(5) B-Level:
(a) hold a valid C-Level Certificate;
(b) successfully complete the B-Level examination;
(c) operate a water treatment facility, as defined by the
department, for at least three years.
(6) A-Level:
(a) hold a valid B-Level Certificate;
(b) successfully complete the A-Level examination;
(c) operate a water treatment facility, as defined by the
department, for at least four years.
(7) Bottle Water:
(a) pass an examination approved by the board;
(b) be a graduate of high school or have earned a General
Education Development (GED) certification.
(E) A water treatment operator in charge of a public water system
classified by the department as Group II must have an
"E" level certification.
(F) A water treatment operator in charge of a public water system
classified by the department as Group III must have a
"D" level or higher certification.
(G) A water treatment operator in charge of a public water system
classified by the department as Group IV must have a
"C" level or higher certification.
(H) A water treatment operator in charge of a public water system
classified by the department as Group V must have a "B"
level or higher certification.
(I) A water treatment operator in charge of a public water system
classified by the department as Group VI must have an
"A" level certification.
(J) An operator of a public water system classified by the
department as Group VII must have a bottled water certification."
SECTION 2. This act takes effect upon approval by the Governor.
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