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South Carolina Code of Regulations
Unannotated
Current through State Register Volume 37, Issue 9, effective September 27, 2013

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CHAPTER 51.

SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD

(Statutory Authority: 1976 Code Sections 40-23-70, 40-23-305, and 40-1-70)

51-1. Applications for Certification.

Any person who desires to become certified by the Board must make application on the proper form. The Board on request will furnish this form. The application for initial certification must be accompanied by a nonrefundable fee as specified in 51-6. An application for Well Driller that is not acted upon by the applicant within twelve (12) months of receipt by the Board shall become inactive.

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005; State Register Volume 36, Issue No. 2, eff February 24, 2012.

51-2. Examinations.

Examinations may consist of a written or oral examination as approved by the Board to determine if an applicant is qualified. An applicant may apply under the Americans' with Disabilities Act (ADA) and provide documentation for consideration of an oral exam.

An examination fee will be charged for each examination taken by an applicant.

Such examinations as may be prescribed under this rule will be administered at least four (4) times each year at times and places to be announced by the Board. The Administrator will appoint a person or persons who will prepare, administer, and grade the prescribed examinations. The Board will establish suitable criteria to establish acceptable performance on an examination.

Each examinee must receive official notice in writing from the Board that he/she has passed the examination before being permitted to advance to a higher grade examination.

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005.

51-3. Levels of Licensure, Requirements for Each Level, Operator-in-Charge Requirements for Facilities.

A. The Board shall certify qualified applicants in accordance with the levels of licensure defined in this article. In each case, the applicant must meet at least the minimum experience requirements set for the level of licensure being sought. Further, each applicant must comply with the examination requirements, as established in 51-4, relevant to the level of licensure desired.

B. An applicant's education, both degree-related and non-degree-related, may be considered by the Board in determining whether the applicant meets the experience requirements for licensure. However, no applicant shall receive a graded certificate without having completed at least one (1) year of actual operating experience. This applies for "C", "B" and "A" level licensure only.

C. There will be no additional application fee for an operator to progress from a lower license to a higher one. However, an examination fee will be charged for each examination taken by an applicant.

D. Licensees and applicants are responsible for notifying the board within fifteen (15) days, whenever they change employers and their position requires certification.

E. The levels of licensure for water treatment plant and water distribution operators, and the requirements for each level, are defined in Section 40-23-300, South Carolina Code of Laws, 1976 as amended.

F. The levels of licensure for physical/chemical wastewater treatment plant operators, and the requirements for each level, are defined as:

1. To be licensed by the Board as a "Trainee" physical/chemical wastewater treatment plant operator an applicant must:

a. be at least eighteen years of age;

b. have a high school diploma or the equivalent: and

c. submit an application on forms approved by the Board and the prescribed fee.

2. To be licensed by the Board as "D" physical/chemical wastewater treatment operator an applicant must:

a. hold a valid "Trainee" License;

b. pass an examination approved by the Board;

c. have completed at least one (1) year of actual operating experience at a physical/chemical wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

3. To be licensed by the Board as a "C" physical/chemical wastewater treatment plant operator an applicant must:

a. hold a valid "D" License;

b. pass an examination approved by the Board:

c. have completed at least two (2) years of actual operating experience at a physical /chemical wastewater facility , or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

4. To be licensed by the Board as a "B" physical/chemical wastewater treatment plant operator an applicant must:

a. hold a valid "C" License;

b. pass an examination approved by the Board:

c. have completed at least three (3) years of actual operating experience at a physical/chemical wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

5. To be licensed by the Board as an "A" physical/chemical wastewater treatment plant operator an applicant must:

a. hold a valid "B" License;

b. pass an examination approved by the Board:

c. have completed at least four (4) years of actual operating experience at a physical/chemical wastewater facility , or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

G. The levels of licensure for biological wastewater treatment plant operators, and the requirements for each level, are defined as:

1. To be licensed by the Board as a "Trainee" biological wastewater treatment plant operator an applicant must:

a. be at least eighteen (18) years of age:

b. have a high school diploma or the equivalent: and,

c. submit an application on forms approved by the Board and the prescribed fee.

2. To be licensed by the Board as a "D" biological wastewater treatment plant operator an applicant must:

a. hold a valid "Trainee" License;

b. pass an examination approved by the Board;

c. have completed at least one (1) year of actual operating experience at a biological wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

3. To be licensed by the Board as a "C" biological wastewater treatment plant operator an applicant must:

a. hold a valid "D" Operator License;

b. pass an examination approved by the Board;

c. have completed at least two (2) years of actual operating experience at a biological wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

4. To be licensed by the Board as a "B" biological wastewater treatment plant operator an applicant must:

a. hold a valid "C" License;

b. pass an examination approved by the Board;

c. have completed at least three (3) years of actual operating experience at a biological wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

5. To be licensed by the Board as an "A" biological wastewater treatment plant operator an applicant must:

a. hold a valid "B" License;

b. pass an examination approved by the Board:

c. have completed at least four (4) years of actual operating experience at a biological wastewater facility, or the equivalent: and,

d. submit an affidavit of employment documenting the experience.

H. The operator-in-charge of a biological wastewater treatment plant classified by the Department of Health and Environmental Control as requiring the services of a licensed operator must hold licensure as a biological wastewater treatment plant operator at a level no lower than the level of license designated for the classification or grouping assigned the plant by the Department of Health and Environmental Control:

1. Group IB wastewater treatment plants require an operator with at least a "D" license.

2. Group IIB wastewater treatment plants require an operator with at least a "C" license.

3. Group IIIB wastewater treatment plants require an operator with at least a "B" license.

4. Group IVB wastewater treatment plants require an operator with at least an "A" license.

I. The operator-in-charge of a physical/chemical wastewater treatment plant classified by the Department of Health and Environmental Control as requiring the services of a certified operator must hold licensure as a physical/chemical wastewater treatment plant operator at a level no lower than the level of licensure designated for the classification or grouping assigned the plant by the Department of Health and Environmental Control.

1. Group I-P/C wastewater treatment plants require an operator with at least a "D" Physical/Chemical license.

2. Group II-P/C wastewater treatment plants require an operator with at least a "C" Physical/Chemical license.

3. Group III-P/C wastewater treatment plants require an operator with at least a "B" Physical/Chemical license.

4. Group IV-P/C wastewater treatment plants require an operator with at least an "A" Physical/Chemical license.

J. Actual operating experience shall be verified by an affidavit.

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005.

51-4. Renewal of License and Permit, Continuing Education.

A. Each license issued by the Board shall be renewed annually or biennially on or before June 30. Any license not renewed within three hundred sixty-five (365) days of the date on which the license expired shall be considered lapsed and declared nonrenewable.

B. The Board shall charge a renewal fee, the amount of such fee to be fixed by the Board, in accordance with 51-6, at a meeting prior to July of each year. Renewal applications received between July 1 and June 30 of the following year shall be subject to a reinstatement fee of two hundred dollars ($200.00).

C. A person who practices while a license is lapsed may be fined up to five hundred dollars ($500.00).

D. [Reserved]

E. A certificate revoked for cause by the Board may be reinstated only by action of the Board.

F. Each applicant applying for renewal of any license must provide evidence of having completed twelve (12) hours of relevant continuing education every two (2) years. Alternatively, in accordance with 40-23-230(C)(3), a licensee may demonstrate he complies with the current continuing education requirements after the department renews the license, provided he does not engage in licensed activity until he has completed the continuing education requirement. Continuing education credit shall be in accordance with Continuing Education Guidelines as approved by the Board. In lieu of continuing education, the applicant may take and pass the appropriate examination for his/her license grade.

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005; State Register Volume 36, Issue No. 2, eff February 24, 2012.

51-5. Operator-in-Training Licenses.

Biological Wastewater Operators, Physical/Chemical Wastewater Operators, Water Treatment Operators, and Water Distribution Operators.

A. For biological wastewater treatment operators, physical/chemical wastewater treatment operators, water treatment operators, and water distribution operators the Board shall issue "trainee" licenses that are valid for two (2) years for new personnel with qualifications as stated in 51-3. Operation under this license shall always be under the direct supervision of a legally licensed operator of the proper grade. All applications must be endorsed by the applicant's chief operator, or operator-in-charge.

Application for Trainee Licenses.

A. Trainee licenses will be valid only for the two (2) year period and will not be renewed except when an examination for a graded certificate has been passed or there are extenuating circumstances acceptable to the Board.

HISTORY: Added by State Register Volume 29, Issue No. 4, eff April 22, 2005; State Register Volume 36, Issue No. 2, eff February 24, 2012.

51-6. Fees.

(Statutory Authority: 1976 Code Section 40-1-50, as amended)

As provided in Code 40-1-50, South Carolina Code of Laws, 1976, as amended, no fee charged by the Board shall exceed the amount of two hundred dollars ($200.00).

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005.

51-7. Definitions.

As used in S.C. Code Title 40, Chapter 23, and these regulations

A. "Direct Supervision" means supervision provided by a licensee who must (a) be on-site or immediately available to supervised persons via telephone, radio, or other electronic means: and (b) maintain continued involvement in appropriate aspects of each professional activity of the supervisee.

HISTORY: Amended by State Register Volume 29, Issue No. 4, eff April 22, 2005.




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