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Current Status Bill Number:View additional legislative information at the LPITS web site.3925 Ratification Number:385 Act Number:322 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990415 Primary Sponsor:Sharpe All Sponsors:Sharpe Drafted Document Number:l:\council\bills\nbd\11273ac99.doc Date Bill Passed both Bodies:20000524 Date of Last Amendment:20000524 Governor's Action:S Date of Governor's Action:20000606 Subject:Safe drinking water, Environmental systems, public water treatment facility operators; Water and Sewer, Certification History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000616 Act No. A322 ------ 20000606 Signed by Governor ------ 20000531 Ratified R385 House 20000524 Concurred in Senate amendment, enrolled for ratification House 20000524 Debate adjourned on Senate amendment Senate 20000518 Read third time, returned to House with amendment ------ 20000518 Scrivener's error corrected Senate 20000517 Amended, read second time, notice of general amendments ------ 20000517 Scrivener's error corrected Senate 20000516 Committee report: Favorable with 13 SMA amendment Senate 20000314 Introduced, read first time, 13 SMA referred to Committee ------ 20000309 Scrivener's error corrected House 20000309 Read third time, sent to Senate House 20000308 Amended, read second time ------ 20000302 Scrivener's error corrected House 20000301 Committee report: Favorable with 20 HANR amendment House 19990415 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill Revised on March 1, 2000 - Word format Revised on March 2, 2000 - Word format Revised on March 8, 2000 - Word format Revised on March 9, 2000 - Word format Revised on May 16, 2000 - Word format Revised on May 17, 2000 - Word format Revised on May 17, 2000-A - Word format Revised on May 18, 2000 - Word format
(A322, R385, H3925)
AN ACT TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLY" TO "WATER SYSTEM", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEM CLASSIFICATIONS, TO ESTABLISH WATER DISTRIBUTION SYSTEM CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION; AND TO AMEND SECTION 40-23-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND ADD DEFINITIONS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION REQUIREMENTS FOR VARIOUS ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REQUIRE A WELL DRILLER TO FURNISH PROOF OF A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO FURTHER PROVIDE FOR LICENSURE, INCLUDING RENEWAL REQUIREMENTS AND GRANDFATHER PROVISIONS; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE BOND REQUIREMENTS; BY ADDING SECTION 40-23-300 SO AS TO PROVIDE CERTIFICATION CLASSIFICATIONS FOR OPERATORS OF WATER TREATMENT FACILITIES AND REQUIREMENTS FOR VARIOUS CLASSES OF LICENSURE FOR SUCH WATER TREATMENT OPERATORS; BY ADDING SECTION 40-23-305 SO AS TO REQUIRE WASTEWATER TREATMENT PLANT OPERATORS TO BE LICENSED IN THE APPLICABLE CERTIFICATION CLASS; AND BY ADDING SECTION 40-23-310 SO AS TO REQUIRE A WATER DISTRIBUTION SYSTEM FACILITY OPERATOR TO BE LICENSED UNDER THE APPLICABLE CERTIFICATION CLASS AND TO PROVIDE LICENSE REQUIREMENTS FOR VARIOUS CLASSES OF OPERATORS.
Be it enacted by the General Assembly of the State of South Carolina:
Safe Drinking Water Act
SECTION 1. Article 1, Chapter 55, Title 44 of the 1976 Code is amended to read:
Section 44-55-10. This article may be cited as the State Safe Drinking Water Act.
Section 44-55-20. As used in this article:
(1) 'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act.
(2) 'Commissioner' means the commissioner of the department or his authorized agent.
(3) 'Community water systems' means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.
(4) 'Construction permit' means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system.
(5) 'Contamination' means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.
(6) 'Cross-connection' means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(7) 'Department' means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board.
(8) 'Human consumption' means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses.
(9) 'Noncommunity water system' means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.
(10) 'Nontransient noncommunity water system' means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.
(11) 'Operating permit' means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system.
(12) '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 its legal representative, agent, or assigns.
(13) 'Public water system' means:
(a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance 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 water delivered to point of meter of consumer or owner 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 the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
(i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;
(ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or
(iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
(14) 'State water system' means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.
(15) 'Transient noncommunity water system' means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.
(16) '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. This includes, but is 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.
(17) 'Well driller' means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. This term does include owners constructing or abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells.
Section 44-55-30. In general, the design and construction of any public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.
Section 44-55-40. (A) Before the construction, expansion, or modification of any public water system, application for a permit to construct must be made to, and a permit to construct obtained from, the department.
(B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department and must be accompanied by engineering plans, drawings, and specifications prepared by or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40 and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.
(C) Upon the completion of construction, modification, or extension to a public water system, arrangements must be made for a final inspection and approval before operation as prescribed by regulation. No new facility may be operated prior to approval by the department.
(D) Any public water system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person may install, permit to be installed, or maintain any unprotected cross-connection between a public water system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to ensure their proper operation.
(E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.
(F) In exercising its responsibility under this article, the department is authorized to investigate the public water system as often as the department considers necessary. Records of operation of public water systems must be kept on forms approved or furnished by the department, and this data must be submitted at such times and intervals as the department considers necessary. Samples of water must be collected and analyzed by the systems as required.
(G) The department may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board considers necessary and desirable; however, these variances or exemptions must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.
(H) The department or its authorized representative has the authority to enter upon the premises of any public water system at any time for the purpose of carrying out the provisions of this article.
(I) The department may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.
(J) The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water system; adopt and implement plans for the provision of drinking water under emergency circumstances; and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water system; however, no permit may be revoked without first providing an opportunity for a hearing.
(K) The Commissioner of the Department of Health and Environmental Control shall classify all public water system treatment facilities giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by the public water system treatment facility and the skill, knowledge, and experience necessary for the operation of these facilities. Each treatment facility must be classified at the highest applicable level of the following classification system, with Group VII Treatment being the highest classification level:
Group I Treatment. A facility which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.
Group II Treatment. A facility which provides disinfection treatment using gaseous chlorine or chloramine disinfection or includes sequestering, fluoridation, or corrosion control treatment.
Group III Treatment. A facility treating a groundwater source which is not under the direct influence of surface water, utilizing aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration or ion exchange, or membrane technology or that includes sludge storage or a sludge dewatering process.
Group IV Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing aeration, coagulation, clarification with a minimum detention time of two hours in the clarification unit, lime softening, rapid rate gravity filtration (up to four gallons per minute per square foot), slow sand filtration, chlorine dioxide, powdered activated carbon addition, or granular activated carbon filtration or ion exchange or that includes sludge storage or a sludge dewatering process. This classification also includes any treatment facility which does not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.
Group V Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing high rate gravity filtration (greater than four gallons per minute per square foot), clarification with a detention time of less than two hours in the clarification unit, diatomaceous earth filtration, or ultraviolet light disinfection.
Group VI Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing direct filtration, membrane technology, or ozone.
Group VII Treatment. Drinking water dispensing stations and vending machines which utilize water from an approved public water system or bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.
(L) The Commissioner of the Department of Health and Environmental Control shall classify all public water distribution systems giving due regard to the size, type, and complexity of the public water distribution system and the skill, knowledge, and experience necessary for the operation of these systems. The classification must be based on:
Group I Distribution. Distribution systems associated with state and transient noncommunity water systems.
Group II Distribution. Distribution systems associated with community and nontransient noncommunity public water systems which have a reliable production capacity not greater than six hundred thousand gallons a day and which do not provide fire protection.
Group III Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than six hundred thousand gallons a day but not greater than six million gallons a day (MGD) or have a reliable production capacity not greater than six hundred thousand gallons a day and provide fire protection.
Group IV Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity than six MGD, but not greater than twenty MGD.
Group V Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than twenty MGD.
(M) It is unlawful for a person to operate a public water treatment facility or distribution system classified in subsection (K) or (L) unless the operator-in-charge holds a valid certificate of registration issued by the South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water treatment facility or distribution system supervised by the operator in charge. All public water treatment facilities classified in Group IV Treatment through Group VI Treatment of subsection (K) must have an operator of the appropriate grade certified by the South Carolina Environmental Certification Board on duty while the facility is in operation.
(N) Effective July 1, 1983, it is unlawful for a person to engage in the business of well drilling or represent himself or herself to the public as a well driller without obtaining certification from the South Carolina Environmental Certification Board or employing well drillers which are certified by the South Carolina Environmental Certification Board. Persons constructing or abandoning wells on their own property for their own personal use only are not required to be licensed by the Department of Labor, Licensing and Regulation.
(O) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq.; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Sections 48-43-10 et seq.; or the Water Use Reporting and Coordination Act, Section 49-4-10 et seq. For these excepted wells, the board may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers who desire this training.
(P) The owner of a public water system must possess a valid operating permit to operate a public water system in this State.
Section 44-55-45. An advisory committee to the board must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee is composed of eight members appointed by the board. Five members must be active well drillers; one member must be a registered professional engineer with experience in well design and construction; one member must be a consulting hydrogeologist with experience in well design and construction; and one member must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom must be an employee of the Department of Health and Environmental Control, and appointed by the commissioner; and two of whom must be employees of the South Carolina Department of Natural Resources and appointed by the director.
The term of office of members of the Advisory Committee is for four years and until their successors are appointed and qualify. No member may serve more than two consecutive terms. The initial terms of office must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.
Section 44-55-50. (A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for these decisions.
(B) If the board or department determines that these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department is entitled to request a public hearing, which the board or department shall conduct within thirty days after the request. The public hearing must be a formal evidentiary hearing where testimony must be recorded. After the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice to known interested parties. The findings of the board or department may be appealed to the circuit court, which is empowered to modify or overrule the findings if the court determines the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies also must be served on known interested parties.
(C) A public water system utilizing a fully owned and protected watershed as its water supply is exempt from this section.
Section 44-55-60. (A) An imminent hazard is considered to exist when in the judgment of the commissioner there is a condition which may result in a serious immediate risk to public health in a public water system.
(B) In order to eliminate an imminent hazard, the commissioner may, without notice or hearing, issue an emergency order requiring the water system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order must be served by certified mail or other appropriate means. An emergency order issued by the commissioner must be effected immediately and binding until the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
Section 44-55-70. A public water system shall, as soon as practicable, give public notice if it:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring;
(3) is granted a variance for an inability to meet a maximum contaminant level requirement;
(4) is granted an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption.
The board shall prescribe procedures for the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and other notification as is considered appropriate by the board.
Section 44-55-80. (A) It is unlawful for a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article;
(2) the conditions of any permit issued under this article; or
(3) any order of the department.
(B) It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.
Section 44-55-90. (A) Any person wilfully violating the provisions of Section 44-55-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars a day per violation or imprisoned for not more than one year, or both.
(B)(1) A violation of Section 44-55-80 by a person renders the violator liable to the State for a civil penalty of not more than five thousand dollars a day per violation.
(2) The department may administer penalties as otherwise provided for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure this penalty.
(C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70.
Section 44-55-100. To carry out the provisions and purposes of this article, the department may:
(1) enter into agreements, contracts, or cooperative arrangements, under the terms and conditions as it considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(2) receive financial and technical assistance from the federal government and other public or private agencies;
(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;
(4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee from each public water system. The schedule for the annual fee, established pursuant to this article, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount.
(B) There is established in the treasurer's office an account entitled the Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited into the Drinking Water Trust Fund and must be provided to the department solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee.
(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the amount of the fee established pursuant to subsection (B)."
Definition revised
SECTION 2. Section 40-23-10(4) of the 1976 Code, as amended by Act 621 of 1988, is further amended to read:
"(4) 'Operator', when used in reference to public water or wastewater treatment, 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. When used in reference to public water distribution, 'operator' means a person employed in a public water distribution system whose duties include making process control and system integrity decisions about water quality or quantity that affect public health."
Definitions added
SECTION 3. Section 40-23-10 of the 1976 Code, as amended by Act 621 of 1988, is further amended by adding appropriately numbered items at the end to read:
"( ) 'Human consumption' means water used for drinking, bathing, cooking, dishwashing, maintaining oral hygiene, or other similar uses.
( ) '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 its legal representative, agent, or assigns.
( ) 'Public water distribution system' means that portion of a public water system that is utilized for the delivery of water for human consumption, whether bottled, piped, or delivered through some other constructed conveyance, up to the point of consumer or owner connection.
( ) 'Public water system' means:
(a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance, 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 water delivered to point of meter of consumer or owner 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 the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
(i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or similar uses;
(ii) the State Department of Health and Environmental Control determines that alternative water sources to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking or cooking; or
(iii) the State Department of Health and Environmental Control determines the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
( ) 'Public water system treatment facility' means that portion of a public water system that alters the physical, chemical, or bacteriological characteristics of water furnished to the public for human consumption, whether the source of supply is of surface or subterranean origin."
Surety bond
SECTION 4. Section 40-23-80 of the 1976 Code, as amended by Act 621 of 1988, is further amended by adding at the end:
"(F) An applicant for registration as a well driller must furnish proof of a surety bond in an amount of at least twenty-five thousand dollars, or in an amount specified by the board in regulation, and pursuant to the requirements of Section 40-23-280. The board, by regulation, may establish bonding requirements in amounts greater or less than twenty-five thousand dollars if the board finds such amounts are in the public interest."
Licensure; grandfather provisions
SECTION 5. The 1976 Code is amended by adding:
"Section 40-23-230. (A) If an applicant satisfies all licensure requirements as provided for in this article, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) Licenses issued under this chapter must be renewed every year, or every two years if so provided by regulation, upon the payment of a renewal fee and the fulfillment of continuing education as determined by the board in regulation.
(C) A licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated upon payment of a reinstatement fee and the current renewal fee, provided application for renewal is filed within ninety days of the expiration date of the license.
(D) It is the express duty of every licensee to ensure the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified, in writing and in a timely manner, of any change in the licensee's official mailing address.
(E) A person who, as of the effective date of this section, possesses a current well driller license from the board, shall be eligible to receive an independent well driller license in one or more of the well drilling classes established by this chapter, if such licensee:
(1) files with the board an application for grandfather status within ninety days of the effective date of this section; and
(2) provides proof that the applicant is in compliance with the bonding requirements of this chapter; and
(3) provides copies of at least twenty Water Well Record Forms prescribed by the board, that were properly filed with the Department of Health and Environmental Control, demonstrating the applicant has constructed, within the thirty-six months preceding the date of the application, at least twenty wells in each well drilling category for which licensure status is sought; or
(4) provides such other proof of experience, training, and education as is sufficient to satisfy the board of the applicant's suitability for practicing in the requested well drilling category.
(F) A person who, as of the effective date of this section, is currently engaged in the business of installing pumps as defined in this chapter and who does not possess a current well driller license, shall be eligible to receive a pump installer license if such person:
(1) files with the board an application for grandfather status within ninety days of the effective date of this section; and
(2) provides proof of experience, training, and education as is sufficient to satisfy the board of the applicant's suitability for practicing as a pump installer without passing the exam required by this chapter.
(G)(1) A person practicing as a licensee, as of the effective date of Section 40-23-310, pursuant to the department's voluntary certification program for public water distribution system operators is eligible to receive a public water distribution system operator license of the same class as the voluntary certification under which the person is practicing as of the effective date of Section 40-23-310, if the person files with the board an application for grandfather status within ninety days of the effective date of Section 40-23-310.
(2) A person practicing as a public water distribution system operator, as of the effective date of this act, who does not qualify for licensure pursuant to subsection (G)(1) is eligible to receive a public water distribution system operator license that entitles the person to continue practicing at the work location where the person is practicing as of the effective date of Section 40-23-310, if the person:
(a) files with the board an application for grandfather status within ninety days of the effective date of Section 40-23-310;
(b) provides proof satisfactory to the board of the applicant's eligibility for grandfathered status pursuant to this section; and
(c) provides proof of experience, training, and education sufficient to satisfy the board that the applicant is suitable to practice as a public water distribution system operator without passing the exam otherwise required by this chapter.
(3) A person who receives a license pursuant to subsection (G)(2) may practice pursuant to that license only at the work location where the person was practicing as of the effective date of Section 40-23-310. To work at any other location, the licensee must satisfy the requirements of Section 40-23-310."
Bond requirements
SECTION 6. The 1976 Code is amended by adding:
"Section 40-23-280. (A) Where an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, such bond must:
(1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and scope of the principal's agency; and
(2) be cancelable only upon thirty days' written notice to the board; and
(3) provide that cancellation does not affect any liability on the bond which accrued prior to cancellation; and
(4) be subject to claims as authorized by subsection (B) of this section; and
(5) be approved by the board as to form, execution, and sufficiency of the surety.
(B) Where proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that:
(1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A) of this section; or
(2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A) of this section; or
(3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee's name that is in compliance with the requirements of subsection (A) of this section.
(C) The board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found, after a hearing, to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney's fees or consequential or punitive damages. Claims may also be initiated upon the bond by the State Department of Health and Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency's procedures, to be the responsibility of a licensee."
Certification classification; licensure requirements
SECTION 7. The 1976 Code is amended by adding:
"Section 40-23-300. (A) A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the board in the certification class required by this section. The required certification class must be determined based upon the treatment group of the public water system treatment facility where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 44-55-40(K). The certification class required for each treatment group is as follows:
(1) Group I treatment facilities require operators with at least a Class 'E' certification.
(2) Group II treatment facilities require operators with at least a Class 'D' certification.
(3) Group III treatment facilities require operators with at least a Class 'C' certification.
(4) Group IV treatment facilities require operators with at least a Class 'C' certification.
(5) Group V treatment facilities require operators with at least a Class 'B' certification.
(6) Group VI treatment facilities require operators with at least a Class 'A' certification.
(7) Group VII treatment facilities require operators with at least a bottled Water Class certification.
(B)(1) To be licensed by the board as a Trainee Water Treatment Operator, an applicant must:
(a) be at least eighteen years of age;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
(2) To be licensed by the board as a Class 'E' Water Treatment Operator, an applicant must:
(a) hold a valid Trainee Operator license;
(b) pass an examination approved by the board;
(c) have completed at least six months of actual operating experience as an operator of a public water treatment facility; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(3) To be licensed by the board as a Class 'D' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'E' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least one year of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(4) To be licensed by the board as a Class 'C' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'D' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least two years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(5) To be licensed by the board as a Class 'B' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'C' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least three years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(6) To be licensed by the board as a Class 'A' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'B' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least four years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(7) To be licensed as a Bottled Water Class Operator, an applicant must:
(a) pass an examination approved by the board;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
Section 40-23-305. A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined by the treatment group of the public wastewater treatment plant where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 48-1-110. The board shall establish in regulations the certification class required for each treatment group of public wastewater treatment plants defined in Section 48-1-110.
Section 40-23-310. (A) A person employed as an operator of a public water distribution system facility must hold a water distribution system operator license issued by the board in the certification class as required by this section. The required certification class must be determined based upon the distribution group of the public water distribution system facility where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 44-55-40(L). The certification class required for each distribution group shall be as follows:
(1) Group I distribution facilities do not require a certified operator.
(2) Group II distribution facilities require operators with at least a Class 'D' certification.
(3) Group III distribution facilities require operators with at least a Class 'C' certification.
(4) Group IV distribution facilities require operators with at least a Class 'B' certification.
(5) Group V distribution facilities require operators with at least a Class 'A' certification.
(B)(1) To be licensed by the board as a Trainee Water Distribution System Operator, an applicant must:
(a) be at least eighteen years of age;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
(2) To be licensed by the board as a Class 'D' Water Distribution System Operator, an applicant must:
(a) hold a valid Trainee Operator license;
(b) pass an examination approved by the board;
(c) have completed at least one year of actual operating experience as an operator of a public water distribution system facility; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(3) To be licensed by the board as a Class 'C' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'D' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least two years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(4) To be licensed by the board as a Class 'B' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'C' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least three years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(5) To be licensed by the board as a Class 'A' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'B' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least four years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee."
Time effective
SECTION 8. This act takes effect upon approval by the Governor except that the amendments to Section 44-55-40(K), (L), and (M) as newly designated in Section 1 of this act, take effect January 1, 2001.
Ratified the 31st day of May, 2000.
Approved the 6th day of June, 2000.
This web page was last updated on Wednesday, December 9, 2009 at 9:26 A.M.