GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 623
SENATE BILL 450

AN ACT TO PROVIDE FOR THE CERTIFICATION OF WATER POLLUTION CONTROL SYSTEM OPERATORS BY EXPANDING THE FUNCTIONS OF THE WASTEWATER TREATMENT PLANT OPERATORS CERTIFICATION COMMISSION AND TO RENAME THE COMMISSION AS THE WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION.

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  Chapter 372 of the 1989 Session Laws is repealed.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 
Water Pollution Control System Operators."
Sec. 3.  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 waters as assigned by the North Carolina Environmental Management Commission; to protect the public investment in water pollution control systems; to provide for the classification of water pollution control systems; to require the examination of water pollution control system operators and the certification of their competency to supervise the operation of such systems; and to establish procedures for such classification and certification."
Sec. 4.  G.S. 90A-37 reads as rewritten:
"§ 90A-37.  Classification of water pollution control systems.
The Commission, with the advice and assistance of the Secretary of Environment, Health, and Natural Resources, shall classify all water pollution control systems.  In making the classification, the Commission shall give due regard, among other factors, to the size of the 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 water pollution control system must have to supervise the operation of the system so as to adequately protect the public health and maintain the water quality standards of the receiving waters as assigned by the North Carolina Environmental Management Commission."
Sec. 5.  G.S. 90A-38 reads as rewritten:
"§ 90A-38.  Grades of certificates.
(a)	The Commission, with the advice and assistance of the Secretary of Environment, Health, and Natural Resources, shall establish grades and types of certification for water pollution control system operators corresponding to the classification of 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 water pollution control systems of that type in the highest classification and any 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 water pollution control systems in the next-to-the-highest classification of that type and any lower classification of that type; and in a like manner through the range of grades of certification and classification of 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.  Operator qualifications and examination.
The Commission, with the advice and assistance of the Secretary of Environment, Health, and Natural Resources, shall establish minimum requirements of education, experience, and knowledge for each grade of certification for 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 applicant and 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.  Issuance of certificates.
(a)	An applicant, upon meeting satisfactorily the appropriate requirements, shall be issued a suitable certificate by the Commission designating the level of his competency.  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.
	(e)	Temporary certificates in an appropriate grade may be issued without examination to any person employed as a water pollution control system operator when the Commission finds that the supply of certified operators or persons with training and experience necessary 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 Commission may deem necessary to protect the public health and maintain the water quality standards 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.  Revocation of certificate.
The Commission, in accordance with the procedure set forth in Chapter 150B of the General Statutes, may suspend or revoke a certificate or may issue a written reprimand to an operator 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. Fees.
(a)	The Commission, in establishing procedures for implementing the requirements of this Article, shall impose the following schedule of fees:
(1)	Examination including Certificate, $75.00;
(2)	Temporary Certificate, $200.00;
(3)	Temporary Certification Renewal, $300.00;
(4)	Conditional Certificate, $75.00;
(5)	Repealed by Session Laws 1987, c. 582, s. 3.
(6)	Reciprocity Certificate, $100.00;
(6a)	Voluntary Conversion Certificate, $50.00;
(7)	Annual Renewal, $30.00;
(8)	Replacement of Certificate, $20.00;
(9)	Late Payment of Annual Renewal, $50.00 penalty in addition to all current and past due 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 Commission may provide mailing lists of certified water pollution control system operators and of water pollution control system operators to persons who request such lists.  The charge for such lists shall be 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. Promotion of training and other powers.
The 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 associations, persons, or corporations in the promotion of training for water pollution control system personnel."
Sec. 11.  G.S. 90A-44 reads as rewritten:
"§ 90A-44. Certified operators required.
No person, firm, or corporation, municipal or private, owning or having control of a water pollution control system 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 shall perform the duties of 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.  Commercial water pollution control system operating firms.
(a)	Any person, firm, or corporation, municipal or private, owning or having control of a water pollution control system may contract with a responsible commercial water pollution control system operating firm for operational and other services of that firm.  Such firm shall designate an employee as the operator in responsible charge of the water pollution control system.  Such employee and any other employees who have been duly certified under this Article shall be responsible for the total operation and maintenance of the water pollution control system.  Commercial water pollution control system operating firms shall not be limited as to the number of systems, distance between systems, location of office or residence, or other internal management procedures.
(b)	Any employee designated by the firm as operator in responsible charge must hold an appropriate certificate issued by the Commission and must comply with all of the requirements 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. Water Pollution
Control System Operators Certification Commission."
Sec. 15.  G.S. 143B-300 reads as rewritten:
"§ 143B-300. Water Pollution Control System Operators Certification Commission – creation; powers and duties.
(a)	There is hereby created the 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 water pollution control system operators as provided by Article 3 of Chapter 90A of the General 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 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. Water Pollution Control System Operators Certification Commission – members; selection; removal; compensation; quorum; services.
(a)	The Water Pollution Control System Operators Certification Commission shall consist of 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 water pollution control facility operators, water pollution control system superintendents or directors, water and sewer 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; 
(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;
(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)	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 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