GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 623
The General Assembly of North Carolina enacts:
Section 1. Chapter 372 of the 1989 Session Laws is repealed.
Sec. 2. The catch line of Article 3 of Chapter 90A of the General Statutes reads as rewritten:
"ARTICLE 3.
"Certification of Wastewater Treatment Plant
Water Pollution Control System Operators."
Sec. 3. G.S. 90A-35 reads as rewritten:
"§ 90A-35.
(Effective until September 1, 1991) 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 waters as
assigned by the North Carolina Environmental Management Commission; to protect
the public investment in wastewater treatment facilities; water
pollution control systems; to provide for the classifying of wastewater
treatment plants; classification of water pollution control systems; to
require the examination of wastewater treatment plant water pollution
control system operators and the certification of their competency to
supervise the operation of such facilities; systems; and
to establish procedures for such classification and certification."
Sec. 4. G.S. 90A-37 reads as rewritten:
"§ 90A-37.
(Effective until September 1, 1991) Classification of wastewater
treatment facilities. water pollution control systems.
The Wastewater Treatment Plant Operators
Certification Commission, with the advice and assistance of the Secretary
of Environment, Health, and Natural 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, and those operated by
institutions and agencies of the State of North Carolina. water
pollution control systems. In making the classification, the Wastewater
Treatment Plant Operators Certification Commission shall give due regard,
among other factors, to the size of the facility, 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 water
pollution control system must have to supervise the operation of the facility
system so as to adequately protect the public health and maintain
the water quality standards in of the receiving waters as
assigned by the North Carolina Environmental Management Commission."
Sec. 5. G.S. 90A-38 reads as rewritten:
"§ 90A-38.
(Effective until September 1, 1991) Grades of certificates.
(a) The Wastewater
Treatment Plant Operators Certification Commission, with the advice and
assistance of the Secretary of Environment, Health, and Natural Resources,
shall establish grades and types of certification for wastewater
treatment plant water pollution control system operators
corresponding to the classification of wastewater treatment facilities. water
pollution control 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 water pollution
control systems of that type in the highest classification and any treatment
facility water pollution control system of that type in a lower
classification; a person holding a certification in the next highest grade is
affirmed as competent to operate wastewater treatment facilities water
pollution control systems in the next-to-the-highest classification of
that type and any lower classification; classification
of that type; and in a like manner through the range of grades of certification
and classification of wastewater treatment facilities. water
pollution control systems.
(b) No certificate shall be required under this Article to operate a conventional septic tank system. For purposes of this section, 'conventional septic tank system' means a subsurface sanitary sewage system consisting of a settling tank and a subsurface disposal field without a pump or other appurtenances."
Sec. 6. G.S. 90A-39 reads as rewritten:
"§ 90A-39.
(Effective until September 1, 1991) Operator qualifications and
examination.
The Wastewater Treatment Plant Operators Certification Commission,
with the advice and assistance of the Secretary of Environment, Health, and
Natural Resources, shall establish minimum requirements of education, experience
experience, and knowledge for each grade of certification for wastewater
treatment plant operators, water pollution control facility 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
applicant and the wastewater treatment facilities that the
water pollution control systems within the State may be adequately
supervised by certified operators."
Sec. 7. G.S. 90A-40 reads as rewritten:
"§ 90A-40.
(Effective until September 1, 1991) Issuance of certificates.
(a) An applicant, upon
meeting satisfactorily the appropriate requirements, shall be issued a suitable
certificate by the Wastewater Treatment Plant Operators Certification Commission
designating the level of his competency. Certificates shall be
permanent unless revoked for cause or replaced by one of a higher grade. Once
issued, a certificate shall be valid unless:
(1) The certificate holder voluntarily surrenders the certificate to the Commission;
(2) The certificate is replaced by one of a higher grade;
(3) The certificate is revoked by the Commission for cause; or
(4) The certificate holder fails to pay the annual renewal fee when due.
(b) A certificate may be issued in an appropriate grade without examination to any person who is properly registered on the 'National Association of Boards of Certification' reciprocal registry and who meets all other requirements of rules adopted under this Article.
(c) Repealed by Session Laws 1987, c. 582, s. 2.
(d) Certificates
in an appropriate grade will be issued without examination to any person or
persons certified by the governing board in the case of a city, town, county,
sanitary district, or other political subdivision, or by the owner in the case
of a private utility or industry, to have been in responsible charge of its wastewater
treatment facilities on the date the Wastewater Treatment Plant Operators
Certification Commission notifies the governing board, or owner, of the
classification of its treatment facility, and if the application for such
certification is made within one year of the date of notification. A
certificate so issued will be valid for use by the holder only in the treatment
facility for which he had responsible charge at the time of his certification.
Provided: that no certification shall be issued under this subsection after
July 1, 1979. Operators of these facilities receiving initial notification of
classification after July 1, 1979, shall be eligible for a temporary
certificate to be valid as provided in subsection (e).
(e) Temporary
certificates, in any grade and without examination, Temporary
certificates in an appropriate grade may be issued without examination to
any person employed as a wastewater treatment plant water pollution
control system operator when the Wastewater Treatment Plant Operators
Certification Commission finds that the supply of certified operators, operators
or persons with training and experience necessary to certification, is
inadequate or when certificates without examination would formerly have been
granted under subsection (d) of this section. for certification is
inadequate. Temporary certificates shall be valid for only one year,
but may be renewed. Temporary certificates may be issued with such
special conditions or requirements relating to the place of employment of the
person holding the certificate, his supervision on a consulting or advisory
basis, or other matters as the Wastewater Treatment Plant Operators
Certification Commission may deem necessary to protect the public health
and maintain the water quality standards in of the receiving
waters as assigned by the North Carolina Environmental Management Commission.
(f) Certificates in an appropriate grade and type may be issued without examination to water pollution control system operators who on 1 January 1992 hold certificates of competency issued under the voluntary certification program administered by the North Carolina Water Pollution Control Association."
Sec. 8. G.S. 90A-41 reads as rewritten:
"§ 90A-41.
(Effective until September 1, 1991) 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, Statutes, may suspend or revoke the
certificate of an operator a certificate or may issue a written
reprimand to an operator when it is found if it finds 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. 9. G.S. 90A-42 reads as rewritten:
"§ 90A-42. (Effective
until September 1, 1991) Fees.
(a) The Wastewater
Treatment Plant Operators Certification Commission, in establishing
procedures for implementing the requirements of this Article, shall impose the
following schedule of fees:
(1) Examination including
Certificate, $25.00; $75.00;
(2) Temporary Certificate,
$35.00; $200.00;
(3) Temporary
Certification Renewal, $50.00; $300.00;
(4) Conditional
Certificate, $25.00; $75.00;
(5) Repealed by Session Laws 1987, c. 582, s. 3.
(6) Reciprocity
Certificate, $50.00; $100.00;
(6a) Voluntary Conversion Certificate, $50.00;
(7) Annual Renewal, $15.00;
$30.00;
(8) Replacement of
Certificate, $15.00; $20.00;
(9) Late Payment of Annual
Renewal, $15.00 $50.00 penalty in addition to all current and
past due fees; and annual renewal fees plus one hundred dollars
($100.00) penalty per year for each year for which annual renewal fees were not
paid prior to the current year; and
(10) Mailing List Charges - The Wastewater
Treatment Plant Operators Certification Commission may provide mailing
lists of certified wastewater treatment plant water pollution control
system operators and of wastewater treatment plants water
pollution control system operators 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, with a minimum charge of fifty dollars
($50.00). twenty-five dollars ($25.00) for each such list provided.
(b) There is established within the Department a separate nonreverting fund into which fees collected pursuant to this section shall be credited. Subject to appropriation by the General Assembly, this fund shall be used to defray the costs of administering this Article."
Sec. 10. G.S. 90A-43 reads as rewritten:
"§ 90A-43. (Effective
until September 1, 1991) Promotion of training and other powers.
The Wastewater Treatment Plant Operators Certification Commission
and the Secretary of Environment, Health, and Natural 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 water pollution control system operators and
cooperating with educational institutions and private and public asssociations,
associations, persons, or corporations in the promotion of training
for wastewater treatment water pollution control system personnel."
Sec. 11. G.S. 90A-44 reads as rewritten:
"§ 90A-44. Certified operators required.
On and after July 1, 1971, every No person,
firm, or corporation, municipal or private, owning or having control of a wastewater
treatment works water pollution control system shall have the
obligation of assuring that the operator in responsible charge of such plant is
duly certified by the Wastewater Treatment Plant Operators Certification
Commission under the provisions of this Article. for which a certified
operator is required under rules adopted by the Commission shall allow such
system to be operated by any person who does not hold a currently valid
certificate in an appropriate grade and type issued by the Commission. No
person, after July 1, 1971, No person shall perform the duties of an
operator, in responsible charge of a wastewater treatment works, a water
pollution control system operator in responsible charge without being duly
certified under the provisions of this Article. No person shall
perform the duties of a water pollution control system operator who has not
paid all fees required under this Article."
Sec. 12. G.S. 90A-45 reads as rewritten:
"§ 90A-45.
(Effective until September 1, 1991) Commercial wastewater treatment
operation water pollution control system operating firms.
(a) Every Any person,
firm, or corporation, municipal or private, owning or having control of a wastewater
treatment works water pollution control system may contract with a
responsible commercial wastewater treatment works operation water
pollution control system operating firm for operational and other services
of that firm, firm. and that Such firm shall
designate an employee as the operator in responsible charge. charge
of the water pollution control system. Such designee and other
licensed employees of the firm employee and any other employees who have
been duly certified under this Article shall be responsible for the total
operation and maintenance of the wastewater treatment works. water
pollution control system. Contractual Commercial water
pollution control system operating firms shall not be limited as to the
number of facilities, systems, distance between facilities, systems,
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 hold
an appropriate certificate issued by the 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
facilities. of this Article and rules adopted by the Commission.
(c) The Commission may adopt rules requiring that any commercial water pollution control system operating firm file an annual report with the Commission as to the operation of such system."
Sec. 13. Article 3 of Chapter 90A of the General Statutes is amended by adding a new section to read:
"§ 90A-46. Definitions.
The following definitions shall apply throughout this Article:
(1) 'Commercial water pollution control system operating firm' means a person who contracts to operate a water pollution control system for any person who holds a permit for a water pollution control system, other than an employee of the permittee.
(2) 'Commission' means the Water Pollution Control System Operators Certification Commission.
(3) 'Waste' has the same meaning as in G.S. 143-213.
(4) 'Operator' means a person who holds a currently valid certificate as a water pollution control system operator issued by the Commission under rules adopted pursuant to this Article.
(5) 'Operator in responsible charge' means the person designated by a person owning or having control of a water pollution control system as the operator of record of the water pollution control system and who has primary responsibility for the operation of such system.
(6) 'Water pollution control system' means a system for the collection, treatment, or disposal of waste for which a permit is required under rules adopted by either the North Carolina Environmental Management Commission or the Commission for Health Services."
Sec. 14. The catch line of Part 9 of Article 7 of Chapter 143B of the General Statutes reads as rewritten:
"Part 9. Wastewater
Treatment Plant Water Pollution
Control System Operators Certification Commission."
Sec. 15. G.S. 143B-300 reads as rewritten:
"§ 143B-300. Wastewater
Treatment Plant Water Pollution Control System Operators
Certification Commission - creation; powers and duties.
(a) There is hereby
created the Wastewater Treatment Plant Water Pollution Control System
Operators Certification Commission to be located in the Department of
Environment, Health, and Natural Resources. The Commission shall adopt rules
with respect to the certification of wastewater treatment plant water
pollution control system operators as provided by Article 3 of Chapter 90A
of the General Statutes of North Carolina. Statutes.
(b) The Commission shall
adopt such rules, not inconsistent with the laws of this State, as may be
required by the federal government for grants-in-aid for programs concerned
with the certification of wastewater treatment plant water pollution
control system operators which may be made available to the State by the
federal government. This section is to be liberally construed in order
that the State and its citizens may benefit from such grants-in-aid.
(c) The Commission may by rule delegate any of its powers, other than the power to adopt rules, to the Secretary of Environment, Health, and Natural Resources or his designee."
Sec. 16. G.S. 143B-301 reads as rewritten:
"§ 143B-301. (Effective
until September 1, 1991) Wastewater Treatment Plant Water Pollution
Control System Operators Certification Commission - members; selection;
removal; compensation; quorum; services.
(a) The Wastewater
Treatment Plant Water Pollution Control System Operators
Certification Commission shall consist of seven nine members
appointed by the Secretary of Environment, Health, and Natural Resources with
the approval of the Environmental Management Commission with the following
qualifications:
(1) Two members shall be
currently employed as wastewater treatment plant water pollution
control facility operators, wastewater plant water pollution
control system superintendents, superintendents or directors, water
and sewer superintendents, superintendents or directors, or
equivalent positions with a North Carolina municipality;
(2) One member shall be manager of a North Carolina municipality having a population of more than 10,000 as of the most recent federal census;
(3) One member shall be manager of a North Carolina municipality having a population of less than 10,000 as of the most recent federal census;
(4) One member shall be employed by a private industry and shall be responsible for supervising the treatment or pretreatment of industrial wastewater;
(5) One member who is a
faculty member of a four-year college or university and whose major field is
related to wastewater treatment; and
(6) One member who is
employed by the Department of Environment, Health, and Natural Resources and
works in the field of water pollution control, who shall serve as Chairman of
the Commission. Commission;
(7) One member who is employed by a commercial water pollution control system operating firm; and
(8) One member shall be currently employed as a water pollution control system collection operator, superintendent, director, or equivalent position with a North Carolina municipality.
(b) The initial
members of the Commission shall be the members of the Wastewater Treatment
Plant Operators Board of Certification who shall serve for a period equal to
the remainder of their current terms on the Wastewater Treatment Plant
Operators Board of Certification. At the end of the respective terms of
office of the initial members of the Commission, their successors shall be
appointed for staggered terms of three years and until their successors are
appointed and qualify. Appointments to the Commission shall be for a
term of three years. Terms shall be staggered so that three terms shall
expire on 30 June of each year, except that members of the Commission shall
serve until their successors are appointed and duly qualified as provided by
G.S. 128-7.
(c) The chairman of
the Wastewater Treatment Plant Operators Certification Commission shall serve
at the pleasure of the Secretary of Environment, Health, and Natural Resources.
The Commission shall elect a Vice-Chairman from among its members.
The Vice-Chairman shall serve from the time of his election until 30 June of
the following year, or until his successor is elected.
(d) Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
(e) The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B-13.
(f) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 and G.S. 143B-15.
(g) A majority of the Commission shall constitute a quorum for the transaction of business.
(h) All clerical and other services required by the Commission shall be supplied by the Secretary of Environment, Health, and Natural Resources."
Sec. 17. Part 9 of Article 7 of Chapter 143B is amended by adding a new section to read:
"§ 143B-301.1. Definitions.
The definitions set out in G.S. 90A-46 shall apply through this Part."
Sec. 18. This act shall not be construed to affect the validity of any certificate issued by the Wastewater Treatment Plant Operators Certification Commission prior to the date this act becomes effective.
Sec. 19. The Water Pollution Control Systems Operators Certification Commission may establish an implementation schedule for the classification of water pollution control systems and for the certification of water pollution control system operators. Such schedule shall provide for the full implementation of this act by 1 July 1993.
Sec. 20. Members of the Wastewater Treatment Plant Operators Certification Commission shall be initial members of the Water Pollution Control System Operators Certification Commission. Each such member shall serve until 30 June of the year in which his term on the Wastewater Treatment Plant Operators Certification Commission expires and until his successor is appointed and duly qualified. Other initial appointments to the Water Pollution Control System Operators Certification Commission shall be made for a term of two, three, or four years to achieve staggered terms as required by G.S. 143B-301(b).
Sec. 21. This act becomes effective 1 July 1991.
In the General Assembly read three times and ratified this the 10th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives