Citations Affected: IC 13-11; IC 13-18; IC 13-30; IC 13-18_11;
noncode.
Synopsis: Operator certification and review of environmental violation
notices. Provides that the law concerning water distribution system
operator certification applies to nontransient, noncommunity water
systems and community water systems. Directs the department of
environmental management to adopt regulations to implement
certification programs for operators. Provides that a certified water
treatment plant operator or water distribution system operator may
renew the operator's certification every three years instead of every two
years by: (1) paying a renewal fee; and (2) meeting any continuing
education requirements established by the department of environmental
management. (Provides that a certified wastewater treatment plant
operator must still renew the operator's certificate every two years by
paying a renewal fee.) Allows the commissioner of the department of
environmental management to suspend the certificate of a water
treatment plant operator, water distribution system operator, or
wastewater treatment plant operator under certain circumstances.
Allows the commissioner to issue a water treatment plant operator or
water distribution system operator certificate to a person under certain
circumstances if the person is an operator in responsible charge of a
water treatment plant or water distribution system that was required by
the United States Environmental Protection Agency to have a certified
operator for the first time after February 5, 1999. Clarifies with respect
to environmental violations that the alleged violator may request a
review of the order of alleged violation within 20 days after receipt of
notice.
Effective: July 1, 2000; September 1, 2000.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
SECTION 1. IC 13-11-2-237.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2000]: Sec. 237.5. "Transient
noncommunity water system", for purposes of IC 13-18-11, has the
meaning set forth in IC 13-18-11-1(a).
SECTION 2. IC 13-18-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2000]: Sec. 1. (a) As used
in this chapter, "transient noncommunity water system" means a
non-community water system that does not regularly serve at least
twenty-five (25) of the same persons over six (6) months per year.
(b) The commissioner may determine that this chapter does not
apply to any or all of the following:
(1) A water supply system that is used by fewer than one hundred
(100) persons per day during a period of customary usage.
(2) A water supply system that serves fewer than twenty-five (25)
separate lots or properties. a transient noncommunity water
system.
chapter of the following:
(1) The date of the expiration of the operator's certificate.
(2) The amount of the required fee for renewal for two (2) years.
(b) The commissioner shall mail the notice at least one (1) month in
advance of the date of expiration of the person's certificate to the last
known address of the individual on file with the commissioner.
SECTION 7. IC 13-18-11-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2000]: Sec. 7.5. (a) The commissioner
shall notify by mail each person certified by the commissioner as
a water treatment plant operator or water distribution system
operator under this chapter of the following:
(1) The date of expiration of the operator's certificate.
(2) The amount of the required fee for renewal for three (3)
years.
(3) The continuing education required for renewal for three
(3) years.
(b) The commissioner shall mail the notice at least one (1)
month in advance of the date of expiration of the person's
certificate to the last known address of the individual on file with
the commissioner.
SECTION 8. IC 13-18-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2000]: Sec. 8. (a) The
commissioner may suspend or revoke the certificate of an operator,
following a hearing under IC 13-15-7-3 and IC 4-21.5, if any of the
following conditions are found:
(1) The operator has practiced fraud or deception.
(2) Reasonable care, judgment, or the application of the operator's
knowledge or ability was not used in the performance of the
operator's duties.
(3) The operator is incompetent or unable to properly perform the
operator's duties.
(b) A hearing and further proceedings shall be conducted in
accordance with IC 4-21.5-7.
SECTION 9. IC 13-18-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2000]: Sec. 10. (a)
Certificates in appropriate classification shall be issued upon
application and payment of the fee to operators of wastewater
treatment plants who, on July 1, 1968, for wastewater treatment plants
or July 1, 1972, for water treatment plants and water distribution
systems, hold certificates of competency attained by examination under
the voluntary certification program administered by:
plant or system.
SECTION 11. IC 13-30-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. (a) Except as
otherwise provided in subsection (b) or (c),
(1) a notice issued under section 4 of this chapter; or
(2) a law relating to emergency orders;
an order of the commissioner under this chapter takes effect twenty
(20) days after the alleged violator receives the notice unless the
alleged violator requests under subsection (b) a review of the order
before the twentieth day after receiving the notice issued under section
4 of this chapter.
(b) An order of the commissioner under this chapter does not
take effect twenty (20) days after the alleged violator receives the
notice issued under section 4 of this chapter if the alleged violator
requests, under subsection (e), a review of the order within twenty
(20) days after the alleged violator receives the notice.
(c) An order of the commissioner under this chapter may
provide that the order takes effect more than twenty (20) days
after the alleged violator receives the notice issued under section 4
of this chapter. An order of the commissioner under this subsection
does not take effect at the time provided in the order if the alleged
violator requests, under subsection (e), a review of the order within
twenty (20) days after the alleged violator receives the notice.
(d) An emergency order of the commissioner under IC 13-14-10
takes effect as provided in that chapter.
(e) To request a review of the order, the alleged violator must:
(1) file a written request with the office of environmental
adjudication under IC 4-21.5-7; and
(2) serve a copy of the request on the commissioner.
(c) (f) If a review of an order is requested under this section, the
office of environmental adjudication established under IC 4-21.5-7
shall review the order under IC 4-21.5.
SECTION 12. [EFFECTIVE SEPTEMBER 1, 2000] (a)
Notwithstanding the amendment of IC 13-18-11 by this act, a
certificate that is issued to a water treatment plant operator or
water distribution system operator under IC 13-18-11 before
September 1, 2000, must, to remain in effect, be renewed not later
than two (2) years after it was issued.
(b) A certificate of a water treatment plant operator or water
distribution system operator that is renewed under IC 13-18-11
before September 1, 2000, is renewed for a two (2) year period.
(c) A certificate of a water treatment plant operator or water
distribution system operator that is issued after August 31, 2000,
is subject to the triennial certificate renewal requirements set forth
in IC 13-18-11-6.5, as added by this act.
(d) A certificate of a water treatment plant operator or water
distribution system operator that is renewed after August 31, 2000,
is renewed for a three (3) year period under the triennial certificate
renewal requirements set forth in IC 13-18-11-6.5, as added by this
act.
(e) This SECTION expires September 1, 2003.