Archives > 1976 South Carolina Code of Laws - Previous Versions > 2001 Session > Title 40

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SECTION 40-23-10. Definitions.

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", 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.

(5) "Board" means the South Carolina Environmental Certification Board.

(6) "Certificate of registration" or "certificate" means a serially numbered document issued by the board, containing the name of the person registered and the date of registration and authenticated by a signature as determined by the board, certifying that the person named has been registered by the board as an operator of a public water treatment facility, public wastewater treatment plant, percolation test technician, or a well driller.

(7) "Well" means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than the largest surface dimension, from which water is extracted or injected including, but not limited to, wells used for water supply for irrigation, industrial, and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.

(8) "Well driller" means any person directly responsible for construction of wells at the well site.

(9) "Percolation test technician" means a person who performs measurements of the percolation of water in soil.

(10) "Licensee" means a person who holds a current certificate of registration issued by the board.

(11) "Human consumption" means water used for drinking, bathing, cooking, dishwashing, maintaining oral hygiene, or other similar uses.

(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 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.

(14) "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.

(15) "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.

SECTION 40-23-20. Environmental Certification Board; membership; terms.

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. Removal of board members; appointment of substitutes.

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. Meetings; officers; rules and regulations.

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. Records; register of applicants.

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. Compensation of members.

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. Educational programs for licensees.

The board may assist and advise agencies and institutions in the conduct of educational programs for licensees.

SECTION 40-23-80. Application for registration as operator; fees; disposition of applications; review of denials; surety bond.

(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.

(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.

SECTION 40-23-90. Requirements for certification as operator.

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. Duration of certificates.

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. Board to receive complaints.

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. Revocation, suspension or restriction of licensee's certificate; grounds.

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. Procedure for disciplinary action; review on appeal.

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. Certification of persons licensed out of State; fee.

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. Operator required to have certificate of proper grade; well driller to be certified; on-the-job training programs; exemptions.

(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. Classification and certification of public water treatment facilities and public wastewater treatment plants.

The Environmental Certification Board shall establish, in its regulations, a grade of certification corresponding to those groups of public water treatment facilities and public wastewater treatment plants that are required by Section 48-1-110(c) and Section 44-55-40(k) to have an "operator-in-charge".

SECTION 40-23-170. Penalties.

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 40-23-230. Issuance, renewal and reinstatement of licenses; notification of address change; current licensees.

(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.

SECTION 40-23-280. Requirements, proof, and initiation of claim on bond.

(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 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.

SECTION 40-23-300. Certification classifications.

(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. Wastewater treatment operator licenses.

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. Water distribution system operator licenses.

(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.