2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to water; providing for the classification of 1.3 water supply systems and wastewater treatment 1.4 facilities and certification of operators by the 1.5 department of health and the pollution control agency; 1.6 appropriating money; amending Minnesota Statutes 1994, 1.7 sections 115.71, subdivisions 1, 4, 8, 10, and by 1.8 adding subdivisions; 115.72; 115.73; 115.75; 115.76; 1.9 115.77; and 144.99, subdivision 1; proposing coding 1.10 for new law in Minnesota Statutes, chapter 115; 1.11 repealing Minnesota Statutes 1994, sections 115.71, 1.12 subdivisions 2, 3, and 3a; 115.74; 115.78; 115.79; 1.13 115.80; and 115.82. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 1994, section 115.71, 1.16 subdivision 1, is amended to read: 1.17 Subdivision 1. [APPLICABILITY.] As used in sections 115.71 1.18 to
115.82115.77, the terms defined in this section have the 1.19 meanings given them. 1.20 Sec. 2. Minnesota Statutes 1994, section 115.71, 1.21 subdivision 4, is amended to read: 1.22 Subd. 4. [COUNCIL.] "Council" means the water and 1.23 wastewater treatment operators certificationadvisory council 1.24 established by section 115.74115.741. 1.25 Sec. 3. Minnesota Statutes 1994, section 115.71, is 1.26 amended by adding a subdivision to read: 1.27 Subd. 4a. [POPULATION EQUIVALENT.] "Population equivalent" 1.28 means a number determined by dividing a daily pound load of 1.29 five-day, 20-degree-centigrade carbonaceous biochemical oxygen 2.1 demand (CBOD) of raw sewage by 0.17. 2.2 Sec. 4. Minnesota Statutes 1994, section 115.71, 2.3 subdivision 8, is amended to read: 2.4 Subd. 8. [WASTEWATER TREATMENT FACILITY OPERATOR.] 2.5 "Wastewater treatment facility operator" means a person who has 2.6 direct responsibility for the operation of or operates a 2.7 wastewater treatment facility. 2.8 Sec. 5. Minnesota Statutes 1994, section 115.71, is 2.9 amended by adding a subdivision to read: 2.10 Subd. 9a. [WATER SUPPLY SYSTEM.] "Water supply system" 2.11 means a public system providing pumped water for human 2.12 consumption, if the system has at least 15 service connections 2.13 or regularly serves at least 25 of the same persons over six 2.14 months per year. 2.15 Sec. 6. Minnesota Statutes 1994, section 115.71, 2.16 subdivision 10, is amended to read: 2.17 Subd. 10. [WATER SUPPLY SYSTEM OPERATOR.] "Water supply 2.18 system operator" means a person who has direct responsibility 2.19 for the operation of or operates a community water supply system 2.20 or such parts of the system as would affect the quality and 2.21 safety of the water. 2.22 Sec. 7. Minnesota Statutes 1994, section 115.72, is 2.23 amended to read: 2.24 115.72 [ CLASSIFICATIONRULES.] 2.25 Subdivision 1. [ COMMISSIONER OF HEALTHCLASSIFICATION.] (a) 2.26 The commissioner of health shall classifyjointly with the 2.27 agency adopt rules relating to the classification of all water 2.28 supply systems actually used or intended for use by the 2.29 public or by any considerable number of persons. The classes2.30 shall be based on the degree of hazard to public health together2.31 with the type and loading of plant and the population affected.2.32 Subd. 2. [POLLUTION CONTROL AGENCY.](b) The commissioner2.33 of thepollution control agency shall classifyjointly with the 2.34 commissioner of health adopt rules relating to the 2.35 classification of all wastewater treatment facilities actually 2.36 used or intended for use by the public or by any considerable 3.1 number of persons. 3.2 (c) The classes described in paragraphs (a) and (b) shall 3.3 be based on the degree of hazard to public health together with, 3.4 the type andof unit process, the loading of the plant, and the 3.5 population served or the averagepopulation equivalent of the 3.6 sewage handled. 3.7 Subd. 2. [CERTIFICATION QUALIFICATIONS.] The commissioner 3.8 of health and the agency shall jointly adopt rules relating to 3.9 the certification qualifications for each classification of 3.10 water supply system operators and wastewater facility operators, 3.11 respectively. The rules must provide for at least one annual 3.12 examination for each class of certificate and must include, but 3.13 are not limited to: 3.14 (1) education requirements; 3.15 (2) education substitution provisions; 3.16 (3) experience requirements; 3.17 (4) experience substitution provisions; 3.18 (5) examination content requirements, testing procedures, 3.19 and criteria for passing; 3.20 (6) certificate renewal requirements; 3.21 (7) schedules for submitting applications and fees; and 3.22 (8) reinstatement requirements for expired, suspended, or 3.23 revoked certificates. 3.24 The advisory council must be consulted before any rules are 3.25 proposed under this subdivision. 3.26 Sec. 8. Minnesota Statutes 1994, section 115.73, is 3.27 amended to read: 3.28 115.73 [CERTIFICATION REQUIRED.] 3.29 The commissioners of health and the pollution control3.30 agency shall certify water supply system operators and3.31 wastewater treatment facility operators, respectively, as to3.32 their qualifications to supervise the operation of water supply3.33 systems and wastewater treatment facilities based upon the3.34 recommendation of the council.A person may not operate a water 3.35 supply system or wastewater treatment facility unless the system 3.36 or facility maintains at least one person that: 4.1 (1) is certified in a class equal to or higher than the 4.2 class of the system or facility; and 4.3 (2) has full and active responsibility for the daily 4.4 on-site operation of the system or facility, or of a portion of 4.5 the system or facility if an additional operator or operators 4.6 with appropriate certification are responsible for the remaining 4.7 portions. 4.8 Sec. 9. [115.741] [ADVISORY COUNCIL ON WATER SUPPLY 4.9 SYSTEMS AND WASTEWATER TREATMENT FACILITIES.] 4.10 Subdivision 1. [PURPOSE; MEMBERSHIP.] The advisory council 4.11 on water supply systems and wastewater treatment facilities 4.12 shall advise the commissioners of health and the pollution 4.13 control agency regarding classification of water supply systems 4.14 and wastewater treatment facilities, qualifications and 4.15 competency evaluation of water supply system operators and 4.16 wastewater treatment facility operators, and additional laws, 4.17 rules, and procedures that may be desirable for regulating the 4.18 operation of water supply systems and of wastewater treatment 4.19 facilities. The advisory council is composed of 11 voting 4.20 members, of whom: 4.21 (1) one member must be from the department of health, 4.22 division of environmental health, appointed by the commissioner 4.23 of health; 4.24 (2) one member must be from the pollution control agency, 4.25 water quality division, appointed by the commissioner of the 4.26 pollution control agency; 4.27 (3) three members must be certified water supply system 4.28 operators, appointed by the commissioner of health; 4.29 (4) three members must be certified wastewater treatment 4.30 facility operators, appointed by the commissioner of the 4.31 pollution control agency; 4.32 (5) one member must be a representative from an 4.33 organization representing municipalities, appointed by the 4.34 commissioner of health with the concurrence of the commissioner 4.35 of the pollution control agency; and 4.36 (6) two members must be members of the public who are not 5.1 associated with water supply systems or wastewater treatment 5.2 facilities. One must be appointed by the commissioner of health 5.3 and the other by the commissioner of the pollution control 5.4 agency. 5.5 Subd. 2. [GEOGRAPHIC REPRESENTATION.] At least one of the 5.6 water supply system operators and at least one of the wastewater 5.7 treatment facility operators must be from outside the 5.8 seven-county metropolitan area and one wastewater operator must 5.9 come from the metropolitan council wastewater services. 5.10 Subd. 3. [TERMS; COMPENSATION.] The terms of the appointed 5.11 members and the compensation and removal of all members are 5.12 governed by section 15.059. The council expires June 30, 1999. 5.13 Subd. 4. [OFFICERS.] When new members are appointed to the 5.14 council, a chair must be elected at the next council meeting. 5.15 The department of health representative shall serve as secretary 5.16 of the council. 5.17 Sec. 10. Minnesota Statutes 1994, section 115.75, is 5.18 amended to read: 5.19 115.75 [OPERATOR CERTIFICATES.] 5.20 Subdivision 1. The commissioners of health and the 5.21 pollution control agency shall upon recommendation of the5.22 councilissue certificates to water supply system operators and 5.23 wastewater treatment facility operators, respectively, attesting5.24 to the competency of the operatorswho meet the requirements of 5.25 the rules adopted under section 115.72. TheEach certificate 5.26 shallmust indicate the classification of the system or facility 5.27 which the operator is qualified to superviseoperate. 5.28 Subd. 2. Certificates shallmust be prominently displayed 5.29 in the office of the operator or other appropriate place on the 5.30 premises of the plant or treatment facility. 5.31 Subd. 3. Certificates shall continue in effectare valid 5.32 for a period of three years unless revoked or suspended by the 5.33 commissioner of health or the commissioner of the pollution 5.34 control agency prior to that time. Certificates may be renewed 5.35 upon application to the commissioner of health or the5.36 appropriate commissioner of the pollution control agency. 6.1 Subd. 4. The commissioners may revoke the certificate of6.2 any operator under their respective jurisdictions following a6.3 hearing before the commissioner of health or the commissioner of6.4 the pollution control agency or a representative designated by6.5 the commissioners of health or the pollution control agency,6.6 when it is found that the operator has practiced fraud, or6.7 deception; that the operator was guilty of gross negligence or6.8 misconduct in the performance of the operator's duties; or that6.9 the operator is incompetent or unable properly to perform those6.10 duties.[DENIAL, REFUSAL TO RENEW, REVOCATION, AND 6.11 SUSPENSION.] The commissioner of health and the commissioner of 6.12 the pollution control agency may deny, refuse to renew, revoke, 6.13 or suspend the certification of a water supply system operator 6.14 or a wastewater treatment facility operator, respectively, in 6.15 accordance with section 144.99, subdivisions 8 to 10. 6.16 Subd. 5. The certificates of operators who terminate their 6.17 employment at a water supply system or wastewater treatment 6.18 facility will remain valid for the unexpired term of the 6.19 certificate. Operators whose certificates expire under this 6.20 section may be issued new certificates of a like classification 6.21 provided appropriate proof of competency is presented to the6.22 councilsubmitted to the appropriate commissioner. Successful 6.23 completion of an examination may be required at the discretion6.24 of the council. 6.25 Subd. 6. [RECORDS.] The commissioner of health shall 6.26 maintain records relating to certification of water supply 6.27 system operators, and the commissioner of the pollution control 6.28 agency shall maintain records relating to certification of 6.29 wastewater treatment facility operators. 6.30 Sec. 11. Minnesota Statutes 1994, section 115.76, is 6.31 amended to read: 6.32 115.76 [ CERTIFICATES GIVEN WITHOUT EXAMINATION6.33 RECIPROCITY.] 6.34 The commissioner of health, in the case of water supply 6.35 system operators, and the commissioner of the pollution control 6.36 agency, in the case of wastewater treatment facility operators, 7.1 upon application therefor, and recommendation of the council, 7.2 may issue certificates without examination, in a comparable 7.3 classification to any person who holds a certificate in any 7.4 state, territory, or possession of the United States or any 7.5 country, providing the requirements for certification of 7.6 operators under which the person's certificate was issued do not 7.7 conflict with the provisions of sections 115.71 to 115.82115.77 7.8 and are of a standard not lower than that specified by rules 7.9 adopted under sections 115.71 to 115.82115.77. 7.10 Sec. 12. Minnesota Statutes 1994, section 115.77, is 7.11 amended to read: 7.12 115.77 [FEES.] 7.13 Subdivision 1. [ ESTABLISHMENT OF FEE SCHEDULEFEES 7.14 ESTABLISHED.] The council with the advice and approval of the7.15 state department of health and the Minnesota pollution control7.16 agency shall establish a schedule of fees for the filing of7.17 applications and the issuance of certificates by an appropriate7.18 rule promulgated in accordance with applicable state laws. The7.19 fees so established shall be reasonable and shall be related to7.20 the actual cost of the certification program.The following 7.21 fees are established for the purposes indicated: 7.22 (1) application for examination, $32; 7.23 (2) issuance of certificate, $23; 7.24 (3) reexamination resulting from failure to pass an 7.25 examination, $32; 7.26 (4) renewal of certificate, $23; 7.27 (5) replacement certificate, $10; and 7.28 (6) reinstatement or reciprocity certificate, $40. 7.29 Subd. 2. [FEES PAID TO STATE TREASURER.] All fees 7.30 established pursuant toin subdivision 1 shallmust be paid to 7.31 the state departmentcommissioner of health, in the case of 7.32 water supply system operators, and to the Minnesotacommissioner 7.33 of the pollution control agency, in the case of wastewater 7.34 treatment facility operators. The fees received by these7.35 agencies shallmust be deposited in the state treasury and 7.36 credited to the special revenue fund. 8.1 Sec. 13. Minnesota Statutes 1994, section 144.99, 8.2 subdivision 1, is amended to read: 8.3 Subdivision 1. [REMEDIES AVAILABLE.] The provisions of 8.4 chapters 103I and 157 and sections 115.71 to 115.82115.77; 8.5 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), 8.6 (12), (13), (14), and (15); 144.121; 144.35; 144.381 to 144.385; 8.7 144.411 to 144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 8.8 to 144.878; 144.992; 326.37 to 326.45; 326.57 to 326.785; 327.10 8.9 to 327.131; and 327.14 to 327.28 and all rules, orders, 8.10 stipulation agreements, settlements, compliance agreements, 8.11 licenses, registrations, certificates, and permits adopted or 8.12 issued by the department or under any other law now in force or 8.13 later enacted for the preservation of public health may, in 8.14 addition to provisions in other statutes, be enforced under this 8.15 section. 8.16 Sec. 14. [CONTINUATION OF RULES.] 8.17 Notwithstanding Minnesota Statutes, section 14.05, 8.18 subdivision 1, the rules adopted under Minnesota Statutes, 8.19 section 115.79, continue in effect until new rules are adopted 8.20 under section 7. 8.21 Sec. 15. [APPROPRIATION.] 8.22 $10,000 is appropriated from the special revenue fund to 8.23 the commissioner of health and $82,000 to the commissioner of 8.24 the pollution control agency for the biennium ending June 30, 8.25 1997, for the purposes of sections 1 to 13. The general fund 8.26 appropriation to the pollution control agency is reduced by 8.27 $21,000 in fiscal year 1996 and $21,000 in fiscal year 1997. 8.28 Sec. 16. [REPEALER.] 8.29 Minnesota Statutes 1994, sections 115.71, subdivisions 2, 8.30 3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82, are 8.31 repealed.