CHAPTER 34A-3
WATER SUPPLY AND TREATMENT SYSTEM OPERATORS
34A-3-1 Definition of terms.
34A-3-2 Classification of plants and systems according to skill required.
34A-3-3 Certification of qualifications to supervise plants and systems.
34A-3-4 Plants and systems for which certified operators required.
34A-3-4.1 Operator certification to comply with federal Safe Drinking Water Act.
34A-3-5 Board of Certification created--Functions--Composition of board.
34A-3-6 34A-3-6. Repealed by SL 2013, ch 166, § 27.
34A-3-7 Terms of office of appointive members of board.
34A-3-8 Vacancy in appointive membership--Termination of membership.
34A-3-9 Chairman and officers of board--Secretary.
34A-3-10 34A-3-10. Repealed by SL 2013, ch 166, § 28.
34A-3-11 Duties of secretary.
34A-3-12 Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.
34A-3-13 Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.
34A-3-14 Application for certification--Proof of fitness.
34A-3-15 Examination and certification of applicants.
34A-3-16 34A-3-16, 34A-3-17. Repealed by SL 2013, ch 166, §§ 29, 30.
34A-3-18 Certifications--Expiration--Renewal.
34A-3-19 Certifications--Fees--Deposit and use of funds.
34A-3-20 Agreements for reciprocal certification.
34A-3-21 Suspension or revocation of certificate for violations.
34A-3-22 Procedure for suspension or revocation.
34A-3-23 New certificate after suspension or revocation--Judicial review.
34A-3-24 Rules promulgated by secretary--Contents.
34A-3-25 34A-3-25. Repealed by SL 2011, ch 165, § 77.
34A-3-26 Civil fine for supervision of water treatment plant by uncertified operator.
34A-3-1. Definition of terms.
Terms used in this chapter, unless the context otherwise requires, mean:
(1) "Board," the Board of Certification.
(2) "Certificate," a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for the specified operator classification of the certification program.
(3) "Department," Department of Agriculture and Natural Resources.
(4) "Operator," a person who is responsible for the operation of the environment treatment plant or wastewater treatment plant or the person who is responsible for operation of the water distribution system or wastewater collection system.
(5) "Secretary," secretary of the Department of Agriculture and Natural Resources.
(6) "Wastewater collection system," that portion of a wastewater system that is to convey wastewater to a treatment plant.
(7) "Wastewater treatment plant," the facility or group of units provided for the treatment of wastewater, either or both sewage and industrial wastes, and for the reduction and handling of sludge removed from such wastes.
(8) "Water distribution system," that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.
(9) "Water supply system," the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.
(10) "Water treatment plant," that portion of the water supply system which in some ways alters either the physical, chemical or bacteriological quality of the water.
Source: SL 1970, ch 217, § 1; SDCL Supp, § 36-22A-1; SL 1977, ch 280, §§ 34, 35; SL 1986, ch 295, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-3-2. Classification of plants and systems according to skill required.
The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems so as to protect the public health.
Source: SL 1970, ch 217, § 2; SDCL Supp, § 36-22A-2.
34A-3-3. Certification of qualifications to supervise plants and systems.
The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certification.
Source: SL 1970, ch 217, § 3; SDCL Supp, § 36-22A-3.
34A-3-4. Plants and systems for which certified operators required.
All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in whole or in part, whether publicly or privately owned, shall be under the supervision of an operator whose competency is certified to by the secretary in a grade corresponding to the classification of that portion of the system to be supervised. Beginning January 1, 1993, all water treatment systems utilizing disinfection equipment shall be under the supervision of a certified operator.
Source: SL 1970, ch 217, § 4; SDCL Supp, § 36-22A-4; SL 1991, ch 291.
34A-3-4.1. Operator certification to comply with federal Safe Drinking Water Act.
All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the classification of the plant or system. Certificates of proper classification shall be issued without examination to the operators of plants and systems not requiring certified operators under § 34A-3-4 before July 1, 2000. The governing body or owner of the water system shall designate such persons in writing to the secretary by January 1, 2001. A certificate so issued is valid only for that operator and that plant or system. The certificate shall be marked, restricted. If the water treatment or distribution system is classified to a higher level, the operator shall meet the initial certification requirements for the system's new classification. An operator issued a restricted certificate pursuant to this section shall comply with all rules promulgated pursuant to § 34A-3-24, for certificate renewal and training of certified operators. A restricted certificate may be revoked pursuant to §§ 34A-3-21 to 34A-3-23, inclusive, as provided for in this chapter and the rules promulgated pursuant to § 34A-3-24. The secretary may promulgate rules pursuant to chapter 1-26 to provide for the issuance and renewal of certificates and other requirements for certified operators under this section and as otherwise may be necessary to implement the requirements of the federal Safe Drinking Water Act, as amended to January 1, 2000, in a state drinking water program approved by the United States Environmental Protection Agency.
Source: SL 2000, ch 176, § 1.
34A-3-5. Board of Certification created--Functions--Composition of board.
There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and Natural Resources as follows:
(1) Four shall be employed as environment and wastewater works operators and shall hold valid certificates provided for in this chapter.
(2) One shall be an employee of a municipality which is required to employ a certified operator and shall hold the position of city manager, city engineer, director of public works, or an equivalent position.
(3) One shall be a faculty member of a college, university, or professional school operated within this state, and whose major field is related to sanitary engineering.
Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-5; SL 1974, ch 3, § 26; SL 1977, ch 280, § 36; SL 1986, ch 295, § 16; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-3-7. Terms of office of appointive members of board.
The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified.
Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-6.
34A-3-8. Vacancy in appointive membership--Termination of membership.
If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of South Dakota automatically terminates.
Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-7; SL 2011, ch 165, § 70.
34A-3-9. Chairman and officers of board--Secretary.
Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote.
Source: SL 1970, ch 217, § 7; SDCL Supp, § 36-22-8; SL 1977, ch 280, § 38.
34A-3-11. Duties of secretary.
The secretary shall:
(1) Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification;
(2) Advertise and promote the program of certification of water and wastewater works operators;
(3) Encourage other operators to become certified other than those required to do so by law;
(4) Distribute applications and notices;
(5) Receive and evaluate applications;
(6) Collect fees, not exceeding sixty dollars to cover reasonable costs of operator certification exams;
(7) Prepare, conduct, and grade examinations;
(8) Maintain records of operator qualifications and certification, and maintain a register of certified operators;
(9) Promote and schedule regular training schools and programs.
Source: SL 1970, ch 217, § 8; SDCL Supp, § 36-22A-11; SL 1977, ch 280, § 40; SL 2011, ch 165, § 71; SL 2021, ch 162, § 1.
34A-3-12. Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.
The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Water Management shall perform any advisory functions as defined in § 1-32-1.
Source: SL 1973, ch 2, § 103; SDCL Supp, § 36-22A-11.1; SL 1974, ch 3, § 25; SL 1986, ch 295, § 18; SL 2021, ch 1 (Ex. Ord. 21-3), § 62, eff. Apr. 19, 2021.
34A-3-13. Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.
It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator who is in direct responsible charge is certified by the secretary. Each operator who is in direct responsible charge shall, within one year from the date of his or her employment, become certified under the provisions of this chapter. It is a Class 2 misdemeanor for any person to perform the duties of an operator without being certified.
Source: SL 1970, ch 217, § 9; SDCL Supp, § 36-22A-12; SL 1977, ch 190, § 199; SL 2011, ch 165, § 72.
34A-3-14. Application for certification--Proof of fitness.
Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant's fitness as an operator as the secretary may prescribe.
Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-13.
34A-3-15. Examination and certification of applicants.
Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department.
If the applicant satisfactorily passes the examination required, and demonstrates possession of the necessary qualifications, the applicant shall be certified.
Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-14; SL 2011, ch 165, § 73.
34A-3-18. Certifications--Expiration--Renewal.
All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed.
Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-17; SL 2021, ch 162, § 2.
34A-3-19. Certifications--Fees--Deposit and use of funds.
The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisions, of this chapter. Any surplus at the end of the fiscal year shall be retained by the board for future expenditures.
Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-18; SL 2011, ch 165, § 74; SL 2021, ch 162, § 3.
34A-3-20. Agreements for reciprocal certification.
Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26.
Source: SL 1970, ch 217, § 12; SDCL Supp, § 36-22A-19; revised pursuant to SL 1972, ch 15, § 4.
34A-3-21. Suspension or revocation of certificate for violations.
The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter.
Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-20; SL 2011, ch 165, § 75.
34A-3-22. Procedure for suspension or revocation.
No certificate may be suspended or revoked except in compliance with chapter 1-26.
Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-21; revised pursuant to SL 1972, ch 15, § 4; SL 2011, ch 165, § 76.
34A-3-23. New certificate after suspension or revocation--Judicial review.
If a certificate is suspended or revoked as provided in §§ 34A-3-21 and 34A-3-22, a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact has been satisfactorily submitted to the secretary. A new certificate may then be granted after all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. The determination of the secretary is subject to review as provided by chapter 1-26.
Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-22; revised pursuant to SL 1972, ch 15, § 4.
34A-3-24. Rules promulgated by secretary--Contents.
The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26, shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to establish qualifications of applicants and procedures for examination of candidates, membership of and duties of the Board of Certification and such other provisions as are necessary for the administration of this chapter.
Source: SL 1970, ch 217, § 5; SDCL Supp, § 36-22A-23; revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 280, § 41; SL 1993, ch 256, § 23.
