Current Status Bill Number:4690 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980225 Primary Sponsor:Sharpe All Sponsors:Sharpe, Davenport and McLeod Drafted Document Number:psd\7145ac.98 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Date of Last Amendment:19980319 Subject:Environmental Certification Board, systems operators; occupational licensing board, licensure and regulation of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980324 Introduced, read first time, 12 SLCI
referred to Committee
House 19980320 Read third time, sent to Senate
House 19980319 Read second time, unanimous
consent for third reading on
Friday, 19980320
House 19980319 Amended
House 19980318 Committee report: Favorable with 20 HANR
amendment
House 19980225 Introduced, read first time, 20 HANR
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 19, 1998
H. 4690
S. Printed 3/19/98--H.
Read the first time February 25, 1998.
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:
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.