S*628 Session 103 (1979-1980)
S*0628(Rat #0340, Act #0319 of 1980) General Bill, By Senate Medical Affairs
A Bill to amend Section 40-23-150, Code of Laws of South Carolina, 1976,
relating to the classification of public water and wastewater treatment
plants, so as to allow the Board of Certification of Environmental Systems
Operators to establish minimum grades of certifications for water supply and
wastewater treatment plant operators; to amend Section 44-55-20, as amended,
relating to certain definitions used in the Safe Drinking Water Act, so as to
add "government agency" to the definition of "person"; to amend Section
44-55-40, as amended, relating to the application for construction permits, so
as to allow the Department of Health and Environmental Control to classify
"water supply treatment plants"; to amend Section 48-1-110, relating to
permits for wastewater treatment plants, so as to allow the Department of
Health and Environmental Control to classify "wastewater treatment plants";
and to repeal Section 40-23-160, relating to the requirement that water and
wastewater treatment plants have operators with certificates of a proper
grade.
06/28/79 Senate Introduced, read first time, placed on calendar
without reference SJ-9
07/03/79 Senate Read second time SJ-17
07/10/79 Senate Read third time and sent to House SJ-12
07/11/79 House Introduced and read first time HJ-2993
07/11/79 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2993
02/06/80 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-654
02/12/80 House Debate adjourned HJ-882
02/13/80 House Read second time HJ-890
02/14/80 House Read third time and enrolled HJ-937
02/27/80 Senate Ratified R 340 SJ-29
03/04/80 Signed By Governor
03/04/80 Effective date 03/04/80
03/04/80 Act No. 319
03/14/80 Copies available
(A319, R340, S628)
AN ACT TO AMEND SECTION 40-23-150, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE CLASSIFICATION OF PUBLIC WATER AND WASTEWATER TREATMENT
PLANTS, SO AS TO ALLOW THE BOARD OF CERTIFICATION OF ENVIRONMENTAL SYSTEMS
OPERATORS TO ESTABLISH MINIMUM GRADES OF CERTIFICATIONS FOR WATER SUPPLY AND
WASTEWATER TREATMENT PLANT OPERATORS; TO AMEND SECTION 44-55-20, AS AMENDED,
RELATING TO CERTAIN DEFINITIONS USED IN THE SAFE DRINKING WATER ACT, SO AS TO
ADD "GOVERNMENT AGENCY" TO THE DEFINITION OF "PERSON"; TO
AMEND SECTION 44-55-40, AS AMENDED, RELATING TO THE APPLICATION FOR
CONSTRUCTION PERMITS, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL TO CLASSIFY "WATER SUPPLY TREATMENT PLANTS";
TO AMEND SECTION 48-1-110, RELATING TO PERMITS FOR WASTEWATER TREATMENT
PLANTS, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO
CLASSIFY "WASTEWATER TREATMENT PLANTS"; AND TO REPEAL SECTION
40-23-160 RELATING TO THE REQUIREMENT THAT WATER AND WASTEWATER TREATMENT
PLANTS HAVE OPERATORS WITH CERTIFICATES OF A PROPER GRADE.
Be it enacted by the General Assembly of the State of South Carolina:
Classification of public water and wastewater plants
Section 1. Section 4-23-150 of the 1976 Code is amended to read:
"Section 40-23-150. (a) The Board of Certification of Environmental
Systems Operators shall establish, in its regulations, the grade of
certification which shall be required of the operators-in-charge of public
water and wastewater treatment plants falling within each classification
established by the Commissioner of Health and Environmental Control.
(b) The Board of Certification of Environmental Systems Operators shall
consider the 'operator-in-charge' of a public water or waste water treatment
plant to be the certified operator under whose supervision the routine and
actual operation of a treatment plant is conducted."
Definition
Section 2. Subsection (f) of Section 44-55-20 of the 1976 Code, as last
amended by Act 658 of 1976, is further amended to read:
"(f) 'Person' means an individual, partnership, copartnership,
cooperative, firm, company, public or private corporation, political
subdivision, government agency, trust, estate, joint structure company or any
other legal entity or their legal representative, agent or assigns."
Classification of public water treatment plants
Section 3. Section 44-55-40 of the 1976 Code, as last amended by Act 658 of
1976, is further amended by adding:
"(j) The Commissioner of Health and Environmental Control shall
classify all public water treatment plants giving due regard to the size,
type, complexity, physical condition, source of supply and treatment process
employed by such public water treatment plant, and the skill, knowledge and
experience necessary for the operation of such plants. The classification
shall be based on the following groups:
Group I. All community water supplies which serve less than fifty taps and
do not treat the water and all noncommunity water supplies which do not treat
the water.
Group II. All community water supplies which serve fifty or more taps and do
not treat the water. Included are well supplied systems which only distribute
the water and other systems which buy water from a supplier and distribute it
to the customers.
Group III. All public water supplies that treat water by simple addition of
a chemical for the purpose of pH adjustment or disinfection, or which control
taste and color by carbon absorption.
Group IV. All public water supplies employing conventional treatment
techniques in the treatment of surface or ground water.
Group V. All public water supplies employing advanced treatment techniques,
such as reverse osmosis or activated carbon filtration, or all water systems
which serve a total population in excess of two hundred thousand.
(k) It shall be unlawful for any person or municipal corporation to operate
a public water treatment plant unless the operator-in-charge holds a valid
certificate of registration issued by the Board of Certification of
Environmental Systems Operators in a grade corresponding to the classification
of the public water treatment plant supervised by him."
Permits required for construction extension, etc.
Section 4. Section 48-1-110 of the 1976 Code is amended to read:
"Section 48-1-110. (a) It shall be unlawful for any person, until plans
therefor have been submitted to and approved by the Department and a written
permit therefor shall have been granted to:
(1) Construct or install a disposal system or source;
(2) Make any change in, addition to or extension of any existing disposal
system or part thereof that would materially alter the method or the effect of
treating or disposing of the sewage, industrial waste or other wastes;
(3) Operate such new disposal systems or new source, or any existing
disposal system or source;
(4) Increase the load through existing outlets of sewage, industrial waste
or other wastes into the waters of the State.
(b) The Commissioner of Health and Environmental Control shall classify
all public wastewater treatment plants, giving due regard to size, types of
work, character and volume of waste to be treated, and the use and nature of
the water resources receiving the plant effluent. Plants may be classified in
a group higher than indicated at the discretion of the classifying officer by
reason of the incorporation in the plant of complex features which cause the
plant to be more difficult to operate than usual or by reason of a waste
unusually difficult to treat, or by reason of conditions of flow or use of the
receiving waters requiring an unusually high degree of plant operation control
or for combinations of such conditions or circumstances. The classification
shall be based on the following groups:
Group I. All wastewater treatment plants which include one or more of the
following units: primary settling, chlorination, sludge removal, imhoff tanks,
sand filters, sludge drying beds, land spraying, grinding, screening,
oxidation and stabilization ponds.
Group II. All wastewater treatment plants which! include one or more of the
units listed in Group I and, in addition, one or more of the following units:
sludge digestion, aerated lagoon and sludge thickeners.
Group III. All wastewater treatment plants which include one or more of the
units listed in Groups I and II and, in addition, one or more of the
following: trickling filters, secondary settling, chemical treatment, vacuum
filters, sludge elutriation, sludge incinerator, wet oxidation process,
contact aeration and activated sludge (either conventional, modified or high
rate processes).
Group IV. All wastewater treatment plants which include one or more of the
units listed in Groups I, II and III and, in addition, treat waste having a
raw five-day biochemical oxygen demand of five thousand pounds per day or
more.
(c) It shall be unlawful for any person or municipal corporation to
operate a public wastewater treatment plant unless the operator-in-charge
holds a valid certificate of registration issued by the Board of Certification
of Environmental Systems Operators in a grade corresponding to the
classification of the public wastewater treatment plant supervised by him,
except as hereinafter provided.
(d) It shall be unlawful for any person to operate an approved waste
disposal facility in violation of the conditions of the permit to construct or
the permit to discharge.
(e) It shall be unlawful for any person, directly or indirectly,
negligently or willfully, to discharge any air contaminant or other substance
in the ambient air that shall cause an undesirable level."
Repeal
Section 5. Section 40-23-160 of the 1976 Code is repealed.
Time Effective
Section 6. This act shall take effect upon approval by the Governor. |