TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 332-E
WATER TREATMENT PLANT OPERATORS AND WATER DISTRIBUTION SYSTEM PERSONNEL

Section 332-E:1

    332-E:1 Definitions. –
In this chapter:
I. [Repealed.]
I-a. "Commissioner" means the commissioner of the department of environmental services.
II. "Certificate" means a certificate of competency issued by the department stating that the operator has met the particular requirements set by the department for certification at his level of operation.
III. "Department" means the department of environmental services.
IV. "Operator" means the individual who has full responsibility for the operation of a water treatment plant or water distribution system and any individual who normally has charge of an operating shift, or who performs important operating functions including analytical control.
V. "Water distribution system" means that portion of the public water system which includes sources, pipes, storage facilities, pressure booster facilities, and all measuring and control devices used to convey potable water to the system users.
VI. "Water treatment plant" means the portion of the public water supply system which in some way alters the physical, chemical, or bacteriological quality of the water being treated.

Source. 1979, 487:1. 1986, 202:6, I(a), (c). 1996, 228:48, 49, 107. 2009, 210:1. 2010, 368:28, VII, eff. Dec. 31, 2010.

Section 332-E:2

    332-E:2 Repealed by 2010, 368:1(28), eff. Dec. 31, 2010. –

Section 332-E:3

    332-E:3 Regulation of Water Treatment and Distribution. –
I. No water treatment plant or water distribution system shall be operated unless such operation is supervised by a certified operator.
II. The department shall establish the criteria and conditions for the classification of public water systems and water treatment plants or water distribution systems.
III. The department shall establish by regulation pursuant to RSA 541-A the qualifications, conditions, licensing standards, and procedures for the certification of individuals to act as operators.
IV. The department shall provide for enforcement of such regulations. Such criteria, conditions, and regulations shall be considered as minimum standards and shall require as a minimum that every operator shall be certified in accordance with the provisions of this chapter. The department may classify operators in accordance with the type of water treatment plant or water distribution system they are qualified to operate.

Source. 1979, 487:1. 1986, 202:6, I(a), (c). 1996, 228:106. 2009, 210:2. 2010, 368:17, eff. Dec. 31, 2010.

Section 332-E:4

    332-E:4 Application for Certificate. –
I. An operator desiring to be certified shall file an application with the department not later than one month preceding the date of the examination on an application form provided by the department.
II. The department shall review applications and supporting documents, determine the eligibility of the applicant for examination and notify the applicant of his or her status in writing.
III. The application shall be accompanied by a fee of $50 to cover department expenses for conduct of the certification program. All fees shall be deposited with the state treasurer and reserved in a special nonlapsing fund which shall be continually appropriated to be used by the department for administration of this chapter.
IV. The department shall issue renewal certificates every 2 years upon payment of a renewal fee which shall be $50 for a 2-year period. This fee shall also be deposited as in paragraph III of this section.
V. If the renewal fee is not submitted within 90 days after the certificate's expiration date, the certificate shall be deemed expired. The certificates shall be effective for 2 years beginning January 1.
VI. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal fee is received more than 30 days after the certificate's expiration date.

Source. 1979, 487:1. 1986, 202:6, I(a); 215:1. 1989, 81:3. 1991, 380:1. 1996, 228:106. 1997, 261:2, 3, eff. July 1, 1997.

Section 332-E:5

    332-E:5 Examinations. –
I. The department shall administer written examinations to be used in determining knowledge, ability and judgment of the operators.
II. Examinations shall be held at least once annually at places and times set by the department, with at least 30 days advance public notice given by the department. The notice shall be by means of publication in a newspaper having state-wide circulation and shall also be posted in 2 or more public places by the department.
III. Applicants successfully completing a written examination may also be required to obtain a satisfactory grade in an oral examination prior to certification. Applicants shall be notified of the test results within 60 days.
IV. Applicants who fail to pass an examination may make arrangements with the department to repeat the examination at subsequently scheduled examinations upon payment of the prescribed $50 fee.
V. The department may use the nonlapsing fund established in RSA 332-E:4, III for the purchase and resale of publications for the purpose of assisting water works operators to achieve certification. This publication activity shall be self-funding.
VI. The department may require the taking of educational courses and the demonstration of course proficiency by all operators prior to the renewal of their certificate.

Source. 1979, 487:1. 1986, 202:6, I(a); 215:2. 1991, 380:2. 1996, 228:106, 107. 1997, 261:4. 2010, 368:18, eff. Dec. 31, 2010.

Section 332-E:6

    332-E:6 Issuance of Certificates. –
I. Upon satisfactory fulfillment by an applicant of the requirements in this section, the department shall issue a suitable certificate designating the applicant's competency. The certificate shall indicate the class of treatment plant or distribution system and level of operation for which the operator is qualified. The certificate shall be prominently displayed in the office of the public water supply system.
II. Renewal, when appropriate, shall be on a biennial basis.
III. Certificates shall be renewed every 2 years unless revoked for cause, replaced by one of the higher grade, or invalidated.
IV. Certificates shall be valid only so long as it is apparent to the department that the holder uses reasonable care, judgment and application of knowledge in the performance of duties. No certificate shall be valid if it was obtained through fraud, deceit, or the submission of inaccurate data on qualifications.
V. The certificates of operators who terminate employment in the water treatment or distribution field shall be valid for 2 years after such termination and unless renewed thereafter shall automatically revert to an inactive status. Operators whose certificates are thus inactivated may be issued new certificates of like classification on presentation of appropriate proof of competency to the department and payment of the initial $50 fee. Successful completion of a written or oral examination or both may be required at the discretion of the department.
VI. Certificates may be issued, upon payment of the initial $50 fee, without examination, in a comparable classification to any person who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial or other level of government, if, in the judgment of the department, the requirements for certification of operators under which such person's certificate was issued do not conflict with the provisions of the department's rules and are of a standard not lower than that specified by rules adopted pursuant to this chapter.

Source. 1979, 487:1. 1986, 202:6, I(a); 215:3. 1989, 81:4. 1996, 228:106. 1997, 261:5, eff. July 1, 1997.

Section 332-E:7

    332-E:7 Certificates Without Examination. – Certificates of proper classification may be issued without examination to a person or persons certified by the owner of the water system to have been in charge of the water treatment plant or distribution system on June 25, 1980. Such certificate shall be valid for a period of 2 years from June 25, 1980, only for that water treatment plant or distribution system. This certificate may thereafter be renewed annually. Applications under this section shall be submitted not later than 90 days before June 25, 1980.

Source. 1979, 487:1, eff. June 25, 1980.

Section 332-E:8

    332-E:8 Temporary Certificate. – A temporary waiver of the certification requirements may be given for a period of time not to exceed 90 days, in the event of extenuating circumstances. A temporary certificate may be issued for a period not to exceed one year to the operator of a public water system serving not more than 250 persons in the event that the certification requirements cannot be met.

Source. 1979, 487:1, eff. June 25, 1980.

Section 332-E:9

    332-E:9 Revocation or Suspension of Certificate. –
I. If the department receives information which indicates that good cause exists to suspend or revoke the certificate of an individual operator, the department shall proceed to suspend or revoke the certificate in accordance with RSA 541-A:30.
II. Administrative appeals from decisions of the department made under this chapter shall be heard by the water council under RSA 21-O:7, IV.

Source. 1979, 487:1. 1986, 202:6, I(a). 1996, 228:106. 1997, 261:6. 2009, 210:3, eff. Jan. 1, 2010.

Section 332-E:10

    332-E:10 Penalty. – The owner of any water treatment plant or water distribution system shall be liable for a civil forfeiture of not more than $500 per day for any violation of this chapter. The proceeds of any civil forfeiture levied under this section shall be utilized for the implementation of this chapter.

Source. 1979, 487:1. 1986, 202:6, I(a). 1996, 228:106. 2009, 210:4, eff. Jan. 1, 2010.