Minnesota Session Laws - 1995, Regular Session

                            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.