There is a newer version of the North Dakota Century Code
2009 North Dakota Code
23 Health and Safety
23-26 Water Distribution and Wastewater Systems Operators
Download pdfprotect the state's water resources by classifying all public water supply and wastewater disposal
systems in the state and by requiring the examination of operators and the certification of their
competency to supervise the operations of such facilities. 23-26-02. Definitions. For the purpose of this chapter, the following words and phrases have the meanings ascribed to them in this section: 1. "Certificate" means a certificate of competency issued by the department stating that
the operator holding the certificate has met the requirements for the specified
operator grade in the certification program. 2. "Department" means the state department of health. 3. "Ground water under the direct influence of surface water" means any water beneath
the surface of the ground with significant occurrence of insects or other
macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia, or
significant and relatively rapid shifts in water characteristics such as turbidity,
temperature, conductivity, or pH which closely correlate to climatological or surface
water conditions. 4. "Operator" means the person in direct responsible charge of the operation of a water
treatment plant, a water distribution system, a wastewater treatment plant, or a
wastewater collection system. 5. "Population equivalent" for a wastewater collection system or treatment plant means
the calculated population that would normally contribute the same amount of
biochemical oxygen demand per day computed on the basis of seventeen
hundredths of one pound [77.11 grams] of five-day, twenty-degree Celsius
[68-degree Farenheit] biochemical oxygen demand per capita per day. 6. "Wastewater collection system" means that portion of the wastewater disposal
system in which wastewater is conveyed to a wastewater treatment plant from the
premises of a contributor. 7. "Wastewater disposal system" means the system of pipes, structures, and facilities
through which wastewater from a public sewer system or industry is collected and
treated for final disposal. Such system must serve a population equivalent of twenty-five or more persons. 8. "Wastewater treatment plant" means that portion of the wastewater disposal system
used for the treatment and disposal of wastewater and the solids removed from such
wastewater. 9. "Water distribution system" means 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. 10. "Water supply system" means the system of pipes, structures, and facilities through
which a public water supply is obtained, treated, and sold or distributed for human
consumption or household use. Such system must have at least fifteen service connections or regularly serve an average of twenty-five or more persons for at least
sixty days a year. Page No. 1 11. "Water treatment plant" means that portion of the water supply system which in
some way alters the physical, chemical, or bacteriological quality of the water. 23-26-03. Classification of plants and systems. The department shall classify all water treatment plants, water distribution systems, wastewater treatment plants and wastewater
collection systems with due regard to the size, type, character of water and wastewater to be
treated, and other physical conditions affecting such facilities, and according to the skill,
knowledge, and experience that an operator in responsible charge must have to successfully
supervise the operation of such facilities, so as to protect the public health and prevent pollution
of the waters of the state. 23-26-04. Advisory board of certification. Repealed by S.L. 1991, ch. 280, § 8. 23-26-05. Certification. When the department is satisfied that an applicant is qualified by examination or otherwise to supervise the operation of such treatment plants and systems,
the department will issue a certificate attesting to the competency of the applicant as an operator.
The certificate will indicate the classification of treatment plant or system which the operator is
qualified to supervise. 1. Renewal of certificate. A certificate issued under the provisions of this chapter is
valid for only one year and expires on the first day of July of the year after which it
was issued. 2. Revocation. The department may revoke or suspend the certificate of an operator
issued hereunder if it is found that the operator has practiced fraud or deception in
obtaining the certificate or in the performance of the operator's duty as an operator;
or when it is found that reasonable care, judgment, or the application of the
operator's knowledge or ability was not used in the performance of the operator's
duties; or when it is found that the operator is incompetent and unable properly to
perform the operator's duties as an operator. No certificate shall be revoked or
suspended except after a hearing before the chief of the environmental health
section of the department, or the chief's designated representative. If a certificate is
suspended or revoked as herein provided, a new application for certification may be
considered by the department if, when, and after the conditions upon which
suspension or revocation was based have been corrected and evidence of this fact
has been satisfactorily submitted to the department. A new certificate may then be
granted by the department. 3. Prior certificates honored. Certificates in appropriate classification issued to operators before the effective date of this chapter continue in effect. 23-26-06. Fees. The department is authorized to charge a fee for certificates issued under this chapter, but such fees shall not exceed fifty dollars for the initial certificate, nor more
than twenty-five dollars for the annual renewal certificate. All receipts from such fees shall be
deposited in the state treasury to be credited to a special fund to be known as the "operators'
certification fund" to be used by the department to administer and enforce the provisions of this
chapter and financially assist the department in conducting operator training programs. Any surplus at the end of the fiscal year shall be retained by the department for future expenditures. 23-26-07. Duties of the department. It shall be the duty of the department to: 1. Hold at least one examination each year at a designated time and place for the
purpose of examining candidates for certification. 2. Promote the program of certification of water supply and wastewater disposal
system operators. 3. Distribute notices and applications and to receive and evaluate applications. Page No. 2 4. Collect fees for initial certification and annual renewal in an amount not to exceed
that permitted by this chapter. 5. Prepare, conduct, and grade examinations. 6. Maintain records of operator qualifications, certification examination results, and a
register of certified operators. 7. Promote and schedule regular training schools and programs. 8. Promulgate such rules necessary to carry out the provisions of this chapter. 23-26-08. Unlawful operation. Except as provided in this section, it is unlawful for any person, firm, corporation, limited liability company, municipality, or any other governmental
subdivision or agency, after three years following July 1, 1991, to operate a water treatment plant
or water distribution system serving twenty-five or more persons or a wastewater treatment plant
or wastewater collection system serving a population equivalent of twenty-five or more persons
unless the competency of the operator to operate such a plant or system is certified by the
department in a grade corresponding to the classification of that portion of the system to be
supervised. Operators of wastewater collection systems and wastewater stabilization ponds or
other nonmechanical wastewater treatment plants that serve a population equivalent of less than
five hundred persons are excluded from this chapter. Operators of water supply systems that
serve other than year-round residents are excluded from this chapter if all of the following
conditions are met: 1. The water supply is obtained solely from ground water sources that are not under
the direct influence of surface water. 2. Treatment, if provided, consists strictly of disinfection, fluoridation, sequestration,
corrosion control, or other processes that involve simple chemical addition and
minor operational control. 3. The water supply system is not required by the federal Safe Drinking Water Act or its
implementing regulations to be operated by qualified personnel. 23-26-09. Violations - Penalty. Any person violating any provisions of this chapter or the rules and regulations adopted thereunder after written notice thereof by the department, is
guilty of a class A misdemeanor. Page No. 3 Document Outline chapter 23-26 water distribution and wastewater systems operators
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