H*3769 Session 107 (1987-1988)
H*3769(Rat #0726, Act #0621 of 1988) General Bill, By T.W. Edwards
Similar(S 1174)
A Bill to amend Chapter 23, Title 40, Code of Laws of South Carolina, 1976,
relating to environmental systems operators, so as to redefine "operator",
"certificate of registration", and "board", to define "percolation test
technician" and "licensee", to change the name of the South Carolina Board of
Certification for Environmental Systems Operators to the South Carolina
Environmental Certification Board, to increase and revise the membership of
the Board, to delete a provision relating to vacancies, to eliminate language
no longer applicable and provisions relative to payment of expenses and
transfer of funds, to delete requirements for specific educational programs,
to provide for registration of percolation test technicians and well drillers,
to change references to operators to licensees, and to eliminate duties of the
Secretary of the Board.-amended title
02/16/88 House Introduced and read first time HJ-1178
02/16/88 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1178
04/20/88 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-3057
04/27/88 House Debate adjourned until Tuesday, May 3, 1988 HJ-3329
05/03/88 House Debate adjourned until Wednesday, May 4, 1988 HJ-3477
05/04/88 House Amended HJ-3532
05/04/88 House Read second time HJ-3533
05/04/88 House Unanimous consent for third reading on next
legislative day HJ-3533
05/05/88 House Read third time and sent to Senate HJ-3588
05/05/88 Senate Introduced and read first time SJ-17
05/05/88 Senate Referred to Committee on Medical Affairs SJ-17
05/17/88 Senate Recalled from Committee on Medical Affairs
05/19/88 Senate Read second time SJ-8
05/19/88 Senate Ordered to third reading with notice of amendments SJ-8
05/24/88 Senate Read third time and enrolled SJ-55
06/01/88 Ratified R 726
06/02/88 Signed By Governor
06/02/88 Effective date 06/02/88
06/02/88 Act No. 621
06/17/88 Copies available
(A621, R726, H3769)
AN ACT TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REDEFINE
"OPERATOR", "CERTIFICATE OF REGISTRATION", AND
"BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND
"LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF
CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA
ENVIRONMENTAL CERTIFICATION BOARD, TO INCREASE AND REVISE THE MEMBERSHIP OF THE
BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO
LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF
FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR
REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE
REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY
OF THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
Environmental systems operators
SECTION 1. Chapter 23, 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 driller' 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 fourteen members appointed by the Governor with
advice from the following groups, agencies, or individuals:
(a) one recommended by the membership of the South Carolina Water Pollution
Control Association, who must hold an 'A' wastewater certificate;
(b) one recommended by the membership of the South Carolina Section of the
American Waterworks Association and who if certified as an operator must hold an
'A' certificate;
(c) one recommended by the Municipal Association of South Carolina;
(d) two recommended by the President of Clemson University who are members of
the faculty of the university engaged in waterworks and wastewater instruction;
(e) one recommended by the South Carolina Land Resources Commission;
(f) one recommended by the executive director of the South Carolina Board for
Technical and Comprehensive Education to represent the agency;
(g) two recommended by the Commissioner of the South Carolina Department of
Health and Environmental Control, one to represent the Bureau of Water Pollution
Control and the Bureau of Water Supply and Special Programs, and one to represent
the Bureau of Solid and Hazardous Waste Management;
(h) one recommended by the South Carolina Well Drillers Association;
(i) one recommended by the executive director of the South Carolina Water
Resources Commission to represent the agency;
(j) one to represent the environmental organizations of the State to be
appointed by the Governor;
(k) one recommended by the South Carolina Association of Counties who
represents the solid waste interests;
(l) one at large to be appointed by the Governor.
The terms of the members are for four years, not to exceed two terms, and until
successors are appointed and qualify.
The Governor may reject any of the nominees found unacceptable. If the Governor
declines to appoint any of the nominees, additional nominees must be submitted
in the same manner. 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, a court of common pleas 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 the court of common pleas for an injunction restraining
the person from the conduct. The court 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
court 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 the court of
common pleas upon petition filed by the certificate holder with the court and a
copy served upon the board within thirty days from the date of delivery of the
board's decision to the licensee. The review is limited to the record established
by the board's hearing.
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(c) 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."
Environmental certification board
SECTION 2. The members of the South Carolina Board of Certification for
Environmental Systems Operators with the members to be added are now the members
of the South Carolina Environmental Certification Board and shall serve until the
expiration of their terms. Their successors must be appointed as provided by
Section 40-23-20.
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |