Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 180-S.F.No. 273
An act relating to water; providing for the
classification of water supply systems and wastewater
treatment facilities and certification of operators by
the department of health and the pollution control
agency; appropriating money; amending Minnesota
Statutes 1994, sections 115.71, subdivisions 1, 4, 8,
10, and by adding subdivisions; 115.72; 115.73;
115.75; 115.76; 115.77; and 144.99, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapter 115; repealing Minnesota Statutes 1994,
sections 115.71, subdivisions 2, 3, and 3a; 115.74;
115.78; 115.79; 115.80; and 115.82.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 115.71,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] As used in sections 115.71
to 115.82 115.77, the terms defined in this section have the
meanings given them.
Sec. 2. Minnesota Statutes 1994, section 115.71,
subdivision 4, is amended to read:
Subd. 4. [COUNCIL.] "Council" means the water and
wastewater treatment operators certification advisory council
established by section 115.74 115.741.
Sec. 3. Minnesota Statutes 1994, section 115.71, is
amended by adding a subdivision to read:
Subd. 4a. [POPULATION EQUIVALENT.] "Population equivalent"
means a number determined by dividing a daily pound load of
five-day, 20-degree-centigrade carbonaceous biochemical oxygen
demand (CBOD) of raw sewage by 0.17.
Sec. 4. Minnesota Statutes 1994, section 115.71,
subdivision 8, is amended to read:
Subd. 8. [WASTEWATER TREATMENT FACILITY OPERATOR.]
"Wastewater treatment facility operator" means a person who has
direct responsibility for the operation of or operates a
wastewater treatment facility.
Sec. 5. Minnesota Statutes 1994, section 115.71, is
amended by adding a subdivision to read:
Subd. 9a. [WATER SUPPLY SYSTEM.] "Water supply system"
means a public system providing pumped water for human
consumption, if the system has at least 15 service connections
or regularly serves at least 25 of the same persons over six
months per year.
Sec. 6. Minnesota Statutes 1994, section 115.71,
subdivision 10, is amended to read:
Subd. 10. [WATER SUPPLY SYSTEM OPERATOR.] "Water supply
system operator" means a person who has direct responsibility
for the operation of or operates a community water supply system
or such parts of the system as would affect the quality and
safety of the water.
Sec. 7. Minnesota Statutes 1994, section 115.72, is
amended to read:
115.72 [CLASSIFICATION RULES.]
Subdivision 1. [COMMISSIONER OF HEALTH CLASSIFICATION.] (a)
The commissioner of health shall classify jointly with the
agency adopt rules relating to the classification of all water
supply systems actually used or intended for use by the
public or by any considerable number of persons. The classes
shall be based on the degree of hazard to public health together
with the type and loading of plant and the population affected.
Subd. 2. [POLLUTION CONTROL AGENCY.] (b) The commissioner
of the pollution control agency shall classify jointly with the
commissioner of health adopt rules relating to the
classification of all wastewater treatment facilities actually
used or intended for use by the public or by any considerable
number of persons.
(c) The classes described in paragraphs (a) and (b) shall
be based on the degree of hazard to public health together with,
the type and of unit process, the loading of the plant, and the
population served or the average population equivalent of the
sewage handled.
Subd. 2. [CERTIFICATION QUALIFICATIONS.] The commissioner
of health and the agency shall jointly adopt rules relating to
the certification qualifications for each classification of
water supply system operators and wastewater facility operators,
respectively. The rules must provide for at least one annual
examination for each class of certificate and must include, but
are not limited to:
(1) education requirements;
(2) education substitution provisions;
(3) experience requirements;
(4) experience substitution provisions;
(5) examination content requirements, testing procedures,
and criteria for passing;
(6) certificate renewal requirements;
(7) schedules for submitting applications and fees; and
(8) reinstatement requirements for expired, suspended, or
revoked certificates.
The advisory council must be consulted before any rules are
proposed under this subdivision.
Sec. 8. Minnesota Statutes 1994, section 115.73, is
amended to read:
115.73 [CERTIFICATION REQUIRED.]
The commissioners of health and the pollution control
agency shall certify water supply system operators and
wastewater treatment facility operators, respectively, as to
their qualifications to supervise the operation of water supply
systems and wastewater treatment facilities based upon the
recommendation of the council. A person may not operate a water
supply system or wastewater treatment facility unless the system
or facility maintains at least one person that:
(1) is certified in a class equal to or higher than the
class of the system or facility; and
(2) has full and active responsibility for the daily
on-site operation of the system or facility, or of a portion of
the system or facility if an additional operator or operators
with appropriate certification are responsible for the remaining
portions.
Sec. 9. [115.741] [ADVISORY COUNCIL ON WATER SUPPLY
SYSTEMS AND WASTEWATER TREATMENT FACILITIES.]
Subdivision 1. [PURPOSE; MEMBERSHIP.] The advisory council
on water supply systems and wastewater treatment facilities
shall advise the commissioners of health and the pollution
control agency regarding classification of water supply systems
and wastewater treatment facilities, qualifications and
competency evaluation of water supply system operators and
wastewater treatment facility operators, and additional laws,
rules, and procedures that may be desirable for regulating the
operation of water supply systems and of wastewater treatment
facilities. The advisory council is composed of 11 voting
members, of whom:
(1) one member must be from the department of health,
division of environmental health, appointed by the commissioner
of health;
(2) one member must be from the pollution control agency,
water quality division, appointed by the commissioner of the
pollution control agency;
(3) three members must be certified water supply system
operators, appointed by the commissioner of health;
(4) three members must be certified wastewater treatment
facility operators, appointed by the commissioner of the
pollution control agency;
(5) one member must be a representative from an
organization representing municipalities, appointed by the
commissioner of health with the concurrence of the commissioner
of the pollution control agency; and
(6) two members must be members of the public who are not
associated with water supply systems or wastewater treatment
facilities. One must be appointed by the commissioner of health
and the other by the commissioner of the pollution control
agency.
Subd. 2. [GEOGRAPHIC REPRESENTATION.] At least one of the
water supply system operators and at least one of the wastewater
treatment facility operators must be from outside the
seven-county metropolitan area and one wastewater operator must
come from the metropolitan council wastewater services.
Subd. 3. [TERMS; COMPENSATION.] The terms of the appointed
members and the compensation and removal of all members are
governed by section 15.059. The council expires June 30, 1999.
Subd. 4. [OFFICERS.] When new members are appointed to the
council, a chair must be elected at the next council meeting.
The department of health representative shall serve as secretary
of the council.
Sec. 10. Minnesota Statutes 1994, section 115.75, is
amended to read:
115.75 [OPERATOR CERTIFICATES.]
Subdivision 1. The commissioners of health and the
pollution control agency shall upon recommendation of the
council issue certificates to water supply system operators and
wastewater treatment facility operators, respectively, attesting
to the competency of the operators who meet the requirements of
the rules adopted under section 115.72. The Each certificate
shall must indicate the classification of the system or facility
which the operator is qualified to supervise operate.
Subd. 2. Certificates shall must be prominently displayed
in the office of the operator or other appropriate place on the
premises of the plant or treatment facility.
Subd. 3. Certificates shall continue in effect are valid
for a period of three years unless revoked or suspended by the
commissioner of health or the commissioner of the pollution
control agency prior to that time. Certificates may be renewed
upon application to the commissioner of health or the
appropriate commissioner of the pollution control agency.
Subd. 4. The commissioners may revoke the certificate of
any operator under their respective jurisdictions following a
hearing before the commissioner of health or the commissioner of
the pollution control agency or a representative designated by
the commissioners of health or the pollution control agency,
when it is found that the operator has practiced fraud, or
deception; that the operator was guilty of gross negligence or
misconduct in the performance of the operator's duties; or that
the operator is incompetent or unable properly to perform those
duties. [DENIAL, REFUSAL TO RENEW, REVOCATION, AND
SUSPENSION.] The commissioner of health and the commissioner of
the pollution control agency may deny, refuse to renew, revoke,
or suspend the certification of a water supply system operator
or a wastewater treatment facility operator, respectively, in
accordance with section 144.99, subdivisions 8 to 10.
Subd. 5. The certificates of operators who terminate their
employment at a water supply system or wastewater treatment
facility will remain valid for the unexpired term of the
certificate. Operators whose certificates expire under this
section may be issued new certificates of a like classification
provided appropriate proof of competency is presented to the
council submitted to the appropriate commissioner. Successful
completion of an examination may be required at the discretion
of the council.
Subd. 6. [RECORDS.] The commissioner of health shall
maintain records relating to certification of water supply
system operators, and the commissioner of the pollution control
agency shall maintain records relating to certification of
wastewater treatment facility operators.
Sec. 11. Minnesota Statutes 1994, section 115.76, is
amended to read:
115.76 [CERTIFICATES GIVEN WITHOUT EXAMINATION
RECIPROCITY.]
The commissioner of health, in the case of water supply
system operators, and the commissioner of the pollution control
agency, in the case of wastewater treatment facility operators,
upon application therefor, and recommendation of the council,
may issue certificates without examination, in a comparable
classification to any person who holds a certificate in any
state, territory, or possession of the United States or any
country, providing the requirements for certification of
operators under which the person's certificate was issued do not
conflict with the provisions of sections 115.71 to 115.82 115.77
and are of a standard not lower than that specified by rules
adopted under sections 115.71 to 115.82 115.77.
Sec. 12. Minnesota Statutes 1994, section 115.77, is
amended to read:
115.77 [FEES.]
Subdivision 1. [ESTABLISHMENT OF FEE SCHEDULE FEES
ESTABLISHED.] The council with the advice and approval of the
state department of health and the Minnesota pollution control
agency shall establish a schedule of fees for the filing of
applications and the issuance of certificates by an appropriate
rule promulgated in accordance with applicable state laws. The
fees so established shall be reasonable and shall be related to
the actual cost of the certification program. The following
fees are established for the purposes indicated:
(1) application for examination, $32;
(2) issuance of certificate, $23;
(3) reexamination resulting from failure to pass an
examination, $32;
(4) renewal of certificate, $23;
(5) replacement certificate, $10; and
(6) reinstatement or reciprocity certificate, $40.
Subd. 2. [FEES PAID TO STATE TREASURER.] All fees
established pursuant to in subdivision 1 shall must be paid to
the state department commissioner of health, in the case of
water supply system operators, and to the Minnesota commissioner
of the pollution control agency, in the case of wastewater
treatment facility operators. The fees received by these
agencies shall must be deposited in the state treasury and
credited to the special revenue fund.
Sec. 13. Minnesota Statutes 1994, section 144.99,
subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
chapters 103I and 157 and sections 115.71 to 115.82 115.77;
144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10),
(12), (13), (14), and (15); 144.121; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.491; 144.495; 144.71 to 144.74; 144.871
to 144.878; 144.992; 326.37 to 326.45; 326.57 to 326.785; 327.10
to 327.131; and 327.14 to 327.28 and all rules, orders,
stipulation agreements, settlements, compliance agreements,
licenses, registrations, certificates, and permits adopted or
issued by the department or under any other law now in force or
later enacted for the preservation of public health may, in
addition to provisions in other statutes, be enforced under this
section.
Sec. 14. [CONTINUATION OF RULES.]
Notwithstanding Minnesota Statutes, section 14.05,
subdivision 1, the rules adopted under Minnesota Statutes,
section 115.79, continue in effect until new rules are adopted
under section 7.
Sec. 15. [APPROPRIATION.]
$10,000 is appropriated from the special revenue fund to
the commissioner of health and $82,000 to the commissioner of
the pollution control agency for the biennium ending June 30,
1997, for the purposes of sections 1 to 13. The general fund
appropriation to the pollution control agency is reduced by
$21,000 in fiscal year 1996 and $21,000 in fiscal year 1997.
Sec. 16. [REPEALER.]
Minnesota Statutes 1994, sections 115.71, subdivisions 2,
3, and 3a; 115.74; 115.78; 115.79; 115.80; and 115.82, are
repealed.
Presented to the governor May 16, 1995
Signed by the governor May 18, 1995, 11:32 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes