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Current Status Bill Number:View additional legislative information at the LPITS web site.4685 Ratification Number:389 Act Number:325 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000224 Primary Sponsor:W. McLeod All Sponsors:W. McLeod Drafted Document Number:l:\council\bills\nbd\11733ac00.doc Date Bill Passed both Bodies:20000524 Governor's Action:S Date of Governor's Action:20000606 Subject:Environmental systems, public water treatment, distribution system facility operators; Water and Sewer, Certification History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000616 Act No. A325 ------ 20000606 Signed by Governor ------ 20000531 Ratified R389 Senate 20000524 Read third time, enrolled for ratification Senate 20000523 Read second time, notice of general amendments Senate 20000518 Recalled from Committee, 12 SLCI placed on the Calendar Senate 20000509 Introduced, read first time, 12 SLCI referred to Committee House 20000505 Read third time, sent to Senate House 20000504 Read second time, unanimous consent for third reading on the next Legislative day House 20000503 Debate adjourned until Thursday, 20000504 House 20000427 Debate adjourned until Wednesday, 20000503 House 20000426 Debate adjourned until Thursday, 20000427 ------ 20000426 Scrivener's error corrected House 20000419 Committee report: Favorable 20 HANR House 20000224 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill Revised on April 19, 2000 - Word format Revised on April 26, 2000 - Word format Revised on May 18, 2000 - Word format
(A325, R389, H4685)
AN ACT TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 40-23-10(4) of the 1976 Code, as amended by Act 621 of 1988, is further amended to read:
"(4) 'Operator', when used in reference to public water or wastewater treatment, means a person employed in a public water treatment facility or public wastewater treatment plant whose duties include alteration of the physical, chemical, or bacteriological characteristics of water or wastewater. When used in reference to public water distribution, 'operator' means a person employed in a public water distribution system whose duties include making process control and system integrity decisions about water quality or quantity that affect public health."
Definitions
SECTION 2. Section 40-23-10 of the 1976 Code, as amended by Act 621 of 1988, is further amended by adding appropriately numbered items at the end to read:
"( ) 'Human consumption' means water used for drinking, bathing, cooking, dishwashing, maintaining oral hygiene, or other similar uses.
( ) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns.
( ) 'Public water distribution system' means that portion of a public water system that is utilized for the delivery of water for human consumption, whether bottled, piped, or delivered through some other constructed conveyance, up to the point of consumer or owner connection.
( ) 'Public water system' means:
(a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance, for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
(b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;
(c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
(i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or similar uses;
(ii) the State Department of Health and Environmental Control determines that alternative water sources to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking or cooking; or
(iii) the State Department of Health and Environmental Control determines the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
( ) 'Public water system treatment facility' means that portion of a public water system that alters the physical, chemical, or bacteriological characteristics of water furnished to the public for human consumption, whether the source of supply is of surface or subterranean origin."
Bond requirements
SECTION 3. Section 40-23-80 of the 1976 Code, as amended by Act 621 of 1988, is further amended by adding at the end:
"(F) An applicant for registration as a well driller must furnish proof of a surety bond in an amount of at least twenty-five thousand dollars, or in an amount specified by the board in regulation, and pursuant to the requirements of Section 40-23-280. The board, by regulation, may establish bonding requirements in amounts greater or less than twenty-five thousand dollars if the board finds such amounts are in the public interest."
Licensure requirements and grandfather provisions
SECTION 4. The 1976 Code is amended by adding:
"Section 40-23-230. (A) If an applicant satisfies all licensure requirements as provided for in this article, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) Licenses issued under this chapter must be renewed every year, or every two years if so provided by regulation, upon the payment of a renewal fee and the fulfillment of continuing education as determined by the board in regulation.
(C) A licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated upon payment of a reinstatement fee and the current renewal fee, provided application for renewal is filed within ninety days of the expiration date of the license.
(D) It is the express duty of every licensee to ensure the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified, in writing and in a timely manner, of any change in the licensee's official mailing address.
(E) A person who, as of the effective date of this section, possesses a current well driller license from the board, shall be eligible to receive an independent well driller license in one or more of the well drilling classes established by this chapter, if such licensee:
(1) files with the board an application for grandfather status within ninety days of the effective date of this section; and
(2) provides proof that the applicant is in compliance with the bonding requirements of this chapter; and
(3) provides copies of at least twenty Water Well Record Forms prescribed by the board, that were properly filed with the Department of Health and Environmental Control, demonstrating the applicant has constructed, within the thirty-six months preceding the date of the application, at least twenty wells in each well drilling category for which licensure status is sought; or
(4) provides such other proof of experience, training, and education as is sufficient to satisfy the board of the applicant's suitability for practicing in the requested well drilling category.
(F) A person who, as of the effective date of this section, is currently engaged in the business of installing pumps as defined in this chapter and who does not possess a current well driller license, shall be eligible to receive a pump installer license if such person:
(1) files with the board an application for grandfather status within ninety days of the effective date of this section; and
(2) provides proof of experience, training, and education as is sufficient to satisfy the board of the applicant's suitability for practicing as a pump installer without passing the exam required by this chapter.
(G)(1) A person practicing as a licensee, as of the effective date of Section 40-23-310, pursuant to the department's voluntary certification program for public water distribution system operators is eligible to receive a public water distribution system operator license of the same class as the voluntary certification under which the person is practicing as of the effective date of Section 40-23-310, if the person files with the board an application for grandfather status within ninety days of the effective date of Section 40-23-310.
(2) A person practicing as a public water distribution system operator, as of the effective date of this act, who does not qualify for licensure pursuant to subsection (G)(1) is eligible to receive a public water distribution system operator license that entitles the person to continue practicing at the work location where the person is practicing as of the effective date of Section 40-23-310, if the person:
(a) files with the board an application for grandfather status within ninety days of the effective date of Section 40-23-310;
(b) provides proof satisfactory to the board of the applicant's eligibility for grandfathered status pursuant to this section; and
(c) provides proof of experience, training, and education sufficient to satisfy the board that the applicant is suitable to practice as a public water distribution system operator without passing the exam otherwise required by this chapter.
(3) A person who receives a license pursuant to subsection (G)(2) may practice pursuant to that license only at the work location where the person was practicing as of the effective date of Section 40-23-310. To work at any other location, the licensee must satisfy the requirements of Section 40-23-310."
Bond requirements
SECTION 5. The 1976 Code is amended by adding:
"Section 40-23-280. (A) Where an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, such bond must:
(1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and scope of the principal's agency; and
(2) be cancelable only upon thirty days written notice to the board; and
(3) provide that cancellation does not affect any liability on the bond which accrued prior to cancellation; and
(4) be subject to claims as authorized by subsection (B) of this section; and
(5) be approved by the board as to form, execution, and sufficiency of the surety.
(B) Where proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that:
(1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A) of this section; or
(2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A) of this section; or
(3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee's name that is in compliance with the requirements of subsection (A) of this section.
(C) The board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found, after a hearing, to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney 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."
Treatment groups and certification classes
SECTION 6. The 1976 Code is amended by adding:
"Section 40-23-300. (A) A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the board in the certification class required by this section. The required certification class must be determined based upon the treatment group of the public water system treatment facility where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 44-55-40(K). The certification class required for each treatment group is as follows:
(1) Group I treatment facilities require operators with at least a Class 'E' certification.
(2) Group II treatment facilities require operators with at least a Class 'D' certification.
(3) Group III treatment facilities require operators with at least a Class 'C' certification.
(4) Group IV treatment facilities require operators with at least a Class 'C' certification.
(5) Group V treatment facilities require operators with at least a Class 'B' certification.
(6) Group VI treatment facilities require operators with at least a Class 'A' certification.
(7) Group VII treatment facilities require operators with at least a Bottled Water Class certification.
(B)(1) To be licensed by the board as a Trainee Water Treatment Operator, an applicant must:
(a) be at least eighteen years of age;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
(2) To be licensed by the board as a Class 'E' Water Treatment Operator, an applicant must:
(a) hold a valid Trainee Operator license;
(b) pass an examination approved by the board;
(c) have completed at least six months of actual operating experience as an operator of a public water treatment facility; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(3) To be licensed by the board as a Class 'D' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'E' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least one year of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(4) To be licensed by the board as a Class 'C' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'D' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least two years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(5) To be licensed by the board as a Class 'B' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'C' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least three years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(6) To be licensed by the board as a Class 'A' Water Treatment Operator, an applicant must:
(a) hold a valid Class 'B' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least four years of actual operating experience as an operator of a public water treatment facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(7) To be licensed as a Bottled Water Class Operator, an applicant must:
(a) pass an examination approved by the board;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
Section 40-23-305. A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined by the treatment group of the public wastewater treatment plant where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 48-1-110. The board shall establish in regulations the certification class required for each treatment group of public wastewater treatment plants defined in Section 48-1-110.
Section 40-23-310. (A) A person employed as an operator of a public water distribution system facility must hold a water distribution system operator license issued by the board in the certification class as required by this section. The required certification class must be determined based upon the distribution group of the public water distribution system facility where the operator is employed, as established by the State Department of Health and Environmental Control pursuant to Section 44-55-40(L). The certification class required for each distribution group shall be as follows:
(1) Group I distribution facilities do not require a certified operator.
(2) Group II distribution facilities require operators with at least a Class 'D' certification.
(3) Group III distribution facilities require operators with at least a Class 'C' certification.
(4) Group IV distribution facilities require operators with at least a Class "B" certification.
(5) Group V distribution facilities require operators with at least a Class 'A' certification.
(B)(1) To be licensed by the board as a Trainee Water Distribution System Operator, an applicant must:
(a) be at least eighteen years of age;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board, along with the prescribed fee.
(2) To be licensed by the board as a Class 'D' Water Distribution System Operator, an applicant must:
(a) hold a valid Trainee Operator license;
(b) pass an examination approved by the board;
(c) have completed at least one year of actual operating experience as an operator of a public water distribution system facility; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(3) To be licensed by the board as a Class 'C' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'D' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least two years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(4) To be licensed by the board as a Class 'B' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'C' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least three years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee.
(5) To be licensed by the board as a Class 'A' Water Distribution System Operator, an applicant must:
(a) hold a valid Class 'B' operator certification;
(b) pass an examination approved by the board;
(c) have completed at least four years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and
(d) submit an application on forms approved by the board, along with the prescribed fee."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 31st day of May, 2000.
Approved the 6th day of June, 2000.
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