CHAPTER 688
S.P. 1060 - L.D. 2654
An Act to Amend the Laws Regarding the Board of Licensure of Water Treatment Plant Operators
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2601, sub-§5, as enacted by PL 1975, c. 751, §4, is amended to read:
5. Operator. "Operator" means the individual who has direct management responsibility for the routine supervision and operation of a public water system or of a water treatment plant or collection, treatment, storage or distribution facility or structure that is a part of a system an individual either employed or retained by a public water system who, as part of the individual's job duties, is assigned the responsibilities for operational activities that will have a direct impact on the quality or quantity of water provided to consumers. Shift operators or other employees under the supervision of the operator in the performance of their duties are not operators.
Sec. 2. 22 MRSA §2621, sub-§1-A is enacted to read:
1-A. Board. "Board" means the Board of Licensure of Water Treatment Plant Operators.
Sec. 3. 22 MRSA §2622, first ¶, as amended by PL 1997, c. 705, §11, is further amended to read:
The board, with the advice of the department, shall classify all community public water systems, all noncommunity nontransient water systems and the water treatment plants or collection, treatment or storage facilities or structures that are part of a system with due regard to the size and type of facilities, the character of water to be treated and any other physical conditions affecting such system or part thereof and specify the qualifications the operator of the system or of a part of a system must have to supervise successfully the operation of the system or parts thereof so as to protect the public health or prevent nuisance conditions.
Sec. 4. 22 MRSA §2624-A, sub-§1, as enacted by PL 1995, c. 442, §2, is amended to read:
1. Membership; general qualifications. The board consists of 7 9 members appointed by the Governor as follows: 3 water system or water treatment plant operators, one holding a Class II license, one holding a Class III license and one holding a Class IV license; one member of the public who is a registered professional engineer; one person who is an educator in the field of water supply or service; one person who is a water utility management representative; one person who represents consumers of public water systems; one person who is an owner or manager of a noncommunity nontransient public water system; and one person from the department, as the commissioner may recommend, subject to appointment by the Governor.
Sec. 5. 22 MRSA §2625, 2nd ¶, as amended by PL 1985, c. 748, §27, is further amended to read:
The commissioner board may file a complaint with the Administrative Court to suspend or revoke a license of an a certified operator when he determines it is determined that the operator has practiced fraud or deception; that he the operator has been negligent in that reasonable care, judgment or the application of his knowledge or ability was not used in the performance of his the operator's duties; or that the operator is incompetent or unable to perform his the operator's duties properly.
Sec. 6. 22 MRSA §2627, as amended by PL 1983, c. 819, Pt. A, §55, is repealed.
Sec. 7. 22 MRSA §2630, as amended by PL 1995, c. 442, §8, is further amended to read:
If a supplier of water loses its licensed operator, it shall secure a new licensed operator or enter into a contractual agreement with a licensed operator of proper classification until a new operator has been employed for the supplier of water.
The Board of Licensure of Water Treatment Plant Operators may, in the event of extenuating circumstances, issue a waiver of the licensure requirements for a period not exceeding 13 months. In granting the waiver, the board may impose such terms, conditions or requirements as, in its judgment, are necessary to protect the public health and interest.
Holders of a water treatment plant operator's certificate valid as of June 30, 1984, shall be deemed to hold a license expiring on the same day as the certificate.
Effective August 11, 2000, unless otherwise indicated.
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