South Carolina Code § 51-5.8 to 51-5.16. — Deleted by State Register Volume 29, Issue No. 4, eff April 22, 2005.
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(Unannotated)
Current through State Register Volume 29, Issue 10, effective October 28, 2005.
This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.
(Statutory Authority: 1976 Code Sections 40-23-70, 40-23-305, and 40-1-70)
Any person who desires to become certified by the Board must make application on the proper form. The Board on request will furnish this form. The application for initial certification must be accompanied by a nonrefundable fee as specified in 51-6. An application for Well Driller or CPO/Spa that is not acted upon by the applicant within twelve (12) months of receipt by the Board shall become inactive.
Examinations may consist of a written or oral examination as approved by the Board to determine if an applicant is qualified. An applicant may apply under the Americans' with Disabilities Act (ADA) and provide documentation for consideration of an oral exam.
An examination fee will be charged for each examination taken by an applicant.
Such examinations as may be prescribed under this rule will be administered at least four (4) times each year at times and places to be announced by the Board. The Administrator will appoint a person or persons who will prepare, administer, and grade the prescribed examinations. The Board will establish suitable criteria to establish acceptable performance on an examination.
Each examinee must receive official notice in writing from the Board that he/she has passed the examination before being permitted to advance to a higher grade examination.
A. The Board shall certify qualified applicants in accordance with the levels of licensure defined in this article. In each case, the applicant must meet at least the minimum experience requirements set for the level of licensure being sought. Further, each applicant must comply with the examination requirements, as established in 51-4, relevant to the level of licensure desired.
B. An applicant's education, both degree-related and non-degree-related, may be considered by the Board in determining whether the applicant meets the experience requirements for licensure. However, no applicant shall receive a graded certificate without having completed at least one (1) year of actual operating experience. This applies for "C", "B" and "A" level licensure only.
C. There will be no additional application fee for an operator to progress from a lower license to a higher one. However, an examination fee will be charged for each examination taken by an applicant.
D. Licensees and applicants are responsible for notifying the board within fifteen (15) days, whenever they change employers and their position requires certification.
E. The levels of licensure for water treatment plant and water distribution operators, and the requirements for each level, are defined in Section 40-23-300, South Carolina Code of Laws, 1976 as amended.
F. The levels of licensure for physical/chemical wastewater treatment plant operators, and the requirements for each level, are defined as:
1. To be licensed by the Board as a "Trainee" physical/chemical wastewater treatment plant operator an applicant must:
a. be at least eighteen years of age;
b. have a high school diploma or the equivalent: and
c. submit an application on forms approved by the Board and the prescribed fee.
2. To be licensed by the Board as "D" physical/chemical wastewater treatment operator an applicant must:
a. hold a valid "Trainee" License;
b. pass an examination approved by the Board;
c. have completed at least one (1) year of actual operating experience at a physical/chemical wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
3. To be licensed by the Board as a "C" physical/chemical wastewater treatment plant operator an applicant must:
a. hold a valid "D" License;
b. pass an examination approved by the Board:
c. have completed at least two (2) years of actual operating experience at a physical /chemical wastewater facility , or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
4. To be licensed by the Board as a "B" physical/chemical wastewater treatment plant operator an applicant must:
a. hold a valid "C" License;
b. pass an examination approved by the Board:
c. have completed at least three (3) years of actual operating experience at a physical/chemical wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
5. To be licensed by the Board as an "A" physical/chemical wastewater treatment plant operator an applicant must:
a. hold a valid "B" License;
b. pass an examination approved by the Board:
c. have completed at least four (4) years of actual operating experience at a physical/chemical wastewater facility , or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
G. The levels of licensure for biological wastewater treatment plant operators, and the requirements for each level, are defined as:
1. To be licensed by the Board as a "Trainee" biological wastewater treatment plant operator an applicant must:
a. be at least eighteen (18) years of age:
b. have a high school diploma or the equivalent: and,
c. submit an application on forms approved by the Board and the prescribed fee.
2. To be licensed by the Board as a "D" biological wastewater treatment plant operator an applicant must:
a. hold a valid "Trainee" License;
b. pass an examination approved by the Board;
c. have completed at least one (1) year of actual operating experience at a biological wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
3. To be licensed by the Board as a "C" biological wastewater treatment plant operator an applicant must:
a. hold a valid "D" Operator License;
b. pass an examination approved by the Board;
c. have completed at least two (2) years of actual operating experience at a biological wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
4. To be licensed by the Board as a "B" biological wastewater treatment plant operator an applicant must:
a. hold a valid "C" License;
b. pass an examination approved by the Board;
c. have completed at least three (3) years of actual operating experience at a biological wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
5. To be licensed by the Board as an "A" biological wastewater treatment plant operator an applicant must:
a. hold a valid "B" License;
b. pass an examination approved by the Board:
c. have completed at least four (4) years of actual operating experience at a biological wastewater facility, or the equivalent: and,
d. submit an affidavit of employment documenting the experience.
H. The operator-in-charge of a biological wastewater treatment plant classified by the Department of Health and Environmental Control as requiring the services of a licensed operator must hold licensure as a biological wastewater treatment plant operator at a level no lower than the level of license designated for the classification or grouping assigned the plant by the Department of Health and Environmental Control:
1. Group IB wastewater treatment plants require an operator with at least a "D" license.
2. Group IIB wastewater treatment plants require an operator with at least a "C" license.
3. Group IIIB wastewater treatment plants require an operator with at least a "B" license.
4. Group IVB wastewater treatment plants require an operator with at least an "A" license.
I. The operator-in-charge of a physical/chemical wastewater treatment plant classified by the Department of Health and Environmental Control as requiring the services of a certified operator must hold licensure as a physical/chemical wastewater treatment plant operator at a level no lower than the level of licensure designated for the classification or grouping assigned the plant by the Department of Health and Environmental Control.
1. Group I-P/C wastewater treatment plants require an operator with at least a "D" Physical/Chemical license.
2. Group II-P/C wastewater treatment plants require an operator with at least a "C" Physical/Chemical license.
3. Group III-P/C wastewater treatment plants require an operator with at least a "B" Physical/Chemical license.
4. Group IV-P/C wastewater treatment plants require an operator with at least an "A" Physical/Chemical license.
J. Actual operating experience shall be verified by an affidavit.
A. Each license and each trainee permit issued by the Board shall be renewed annually on or before June 30 of each calendar year. Any certificate or permit not renewed by September 30 shall be considered lapsed and declared nonrenewable.
B. The Board shall charge a renewal fee, the amount of such fee to be fixed by the Board, in accordance with 51-6, at a meeting prior to July of each year. Renewal applications received between July 1 and September 30 each year shall be subject to a reinstatement fee of two hundred dollars ($200.00).
C. A person who practices while a license is lapsed may be fined up to five hundred dollars ($500.00).
D. A license or permit for which renewal is not applied for by September 30 of the renewal year shall be declared void and non-renewable.
E. A certificate revoked for cause by the Board may be reinstated only by action of the Board.
F. Each applicant applying for renewal of any license must provide evidence of having completed twelve (12) hours of relevant continuing education every two (2) years. In lieu of continuing education, the applicant may take and pass the appropriate examination for his/her license or permit grade.
Biological Wastewater Operators, Physical/Chemical Wastewater Operators, Water Treatment Operators, and Water Distribution Operators.
A. For biological wastewater treatment operators, physical/chemical wastewater treatment operators, water treatment operators, and water distribution operators the Board shall issue "trainee" permits that are valid for two (2) years for new personnel with qualifications as stated in 51-3. Operation under this permit shall always be under the direct supervision of a legally licensed operator of the proper grade. All applications must be endorsed by the applicant's chief operator, or operator-in-charge.
Application for Trainee Permits.
A. Trainee permits will be valid only for the two (2) year period and will not be renewed except when an examination for a graded certificate has been passed or there are extenuating circumstances acceptable to the Board.
(Statutory Authority: 1976 Code Section 40-1-50, as amended)
As provided in Code 40-1-50, South Carolina Code of Laws, 1976, as amended, no fee charged by the Board shall exceed the amount of two hundred dollars ($200.00).
As used in S.C. Code Title 40, Chapter 23, and these regulations
A. "Direct Supervision" means supervision provided by a licensee who must (a) be on-site or immediately available to supervised persons via telephone, radio, or other electronic means: and (b) maintain continued involvement in appropriate aspects of each professional activity of the supervisee.