GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 372

Short Title:  Certify Operators of Sewage Systems.	(Public)
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Sponsors: Senator Shaw.
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Referred to:  Environment and Natural Resources.
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March 8, 1989

A BILL TO BE ENTITLED
AN ACT TO REQUIRE CERTIFICATION OF OPERATORS OF SANITARY SEWAGE SYSTEMS UNDER THE JURISDICTION OF THE DEPARTMENT OF HUMAN RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90A-35 reads as rewritten:
"§ 90A-35. Purpose.
It is the purpose of this Article to protect the public health and to conserve and protect the quality of the water resources of the State and maintain the quality of receiving streams as assigned by the North Carolina Environmental Management Commission; to protect the public investment in wastewater treatment facilities and sanitary sewage systems; to provide for the classifying of wastewater treatment plants and sanitary sewage systems; to require the examination of wastewater treatment plant operators and the certification of their competency to supervise the operation of such facilities and systems; and to establish procedures for such classification and certification."
Sec. 2. G.S. 90A-37 reads as rewritten:
"§ 90A-37. Classification of wastewater treatment facilities and sanitary sewage systems.
The Wastewater Treatment Plant Operators Certification Commission, with the advice and assistance of the Secretary of Natural Resources and Community Development and the Secretary of the Department of Human Resources, shall classify all wastewater treatment facilities under the jurisdiction of the North Carolina Environmental Management Commission, as provided in G.S. 143-215.1, sanitary sewage systems under the jurisdiction of the Division of Health Services of the Department of Human Resources, and those operated by institutions and agencies of the State of North Carolina. In making the classification, the Wastewater Treatment Plant Operators Certification Commission shall give due regard, among other factors, to the size of the facility or system, the nature of the wastes to be treated or removed from the wastewater, the treatment process to be employed, and the degrees of skill, knowledge and experience that the operator of the wastewater treatment facility or sanitary sewage system must have to supervise the operation of the facility or system so as to adequately protect the public health and maintain the water quality standards in the receiving waters as assigned by the North Carolina Environmental Management Commission."
Sec. 3. G.S. 90A-38 reads as rewritten:
"§ 90A-38. Grades of certificates.
The Wastewater Treatment Plant Operators Certification Commission, with the advice and assistance of the Secretary of Natural Resources and Community Development and the Secretary of the Department of Human Resources, shall establish grades of certification for wastewater treatment plant and sanitary sewage system operators corresponding to the classification of wastewater treatment facilities and sanitary sewage systems. The grades of certification shall be ranked so that a person holding a certification in the highest grade is thereby affirmed competent to operate wastewater treatment facilities or sanitary sewage systems in the highest classification and any treatment facility or system in a lower classification; a person holding a certification in the next highest grade is affirmed as competent to operate wastewater treatment facilities or systems in the next-to-the-highest classification and any lower classification; and in a like manner through the range of grades of certification and classification of wastewater treatment facilities and sanitary sewage systems."
Sec. 4. G.S. 90A-39 reads as rewritten: 
"§ 90A-39. Operator qualifications and examination.
The Wastewater Treatment Plant Operators Certification Commission, with the advice and assistance of the Secretary of Natural Resources and Community Development and Secretary of the Department of Human Resources, shall establish minimum requirements of education, experience and knowledge for each grade of certification for wastewater treatment plant and sanitary sewage system operators, and shall establish procedures for receiving applications for certification, conducting examinations, and making investigations of applicants as may be necessary and appropriate to the end that prompt and fair consideration be given every application and the wastewater treatment facilities and sanitary sewage systems within the State may be adequately supervised by certified operators."
Sec. 5. G.S. 90A-41 reads as rewritten: 
"§ 90A-41. Revocation of certificate.
The Wastewater Treatment Plant Operators Certification Commission, in accordance with the procedure set forth in Chapter 150B of the General Statutes of North Carolina, may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to properly perform his duties."
Sec. 6. G.S. 90A-42(10) reads as rewritten: 
"(10)	Mailing List Charges–The Wastewater Treatment Plant Operators Certification Commission may provide mailing lists of certified wastewater treatment plant and sanitary sewage system operators and of wastewater treatment plants and sanitary sewage systems to persons who request such lists.  The charge for such lists shall be five dollars ($5.00) per 100 names of certified operators or treatment plants and systems, with a minimum charge of fifty dollars ($50.00)."
Sec. 7. G.S. 90A-43 reads as rewritten:
"§ 90A-43. Promotion of training and other powers.
The Wastewater Treatment Plant Operators Certification Commission and the Secretary of Natural Resources and Community Development and the Secretary of the Department of Human Resources are authorized to take all necessary and appropriate steps in order to effectively and fairly achieve the purposes of this Article, including, but not limited to, the providing of training for  operators and cooperating with educational institutions and private and public associations, persons, or corporations in the promotion of training for wastewater treatment and sanitary sewage personnel."
Sec. 8. G.S. 90A-45 reads as rewritten: 
"§ 90A-45. Commercial wastewater treatment and sanitary sewage operation firms.
(a)	Every person, firm, or corporation, municipal or private, owning or having control of a wastewater treatment works or a sanitary sewage system may  contract with a responsible commercial wastewater treatment works operation firm for operational and other services of that firm, and that firm shall designate an employee as the operator in responsible charge. Such designee and other licensed employees of the firm shall be responsible for the total operation and maintenance of the wastewater treatment works or sanitary sewage system. Contractual firms shall not be limited as to the number of facilities, distance between facilities, location of  office or residence, frequency of visits, utilization of local persons who are not certified, or other internal management procedures.
(b)	Any employee designated by the firm as operator in responsible charge must obtain certification from the Wastewater Treatment Plant Operators Certification Commission and must comply with all of the requirements specified in Chapter 90A and the rules and reasonable standards of the Commission, applicable to all operators in responsible charge, designed to assure satisfactory operation of wastewater and sanitary sewage facilities."
Sec. 9. This act shall become effective July 1, 1990, except that authorization of the Wastewater Treatment Plant Operators Certification Commission to adopt rules necessary to implement this act is effective upon ratification.  Rules adopted by the Wastewater Treatment Plant Operators Certification Commission shall become effective July 1, 1990.