Section 61-33-3 – Administration; enforcement.
A. The administration and enforcement of the Utility Operators Certification Act is vested in the department. B. The department shall: (1) approve and accredit schools and training programs designed to educate and qualify persons for certification in one of the classifications of public water supply system operators or public wastewater facility operators; (2) prepare and […]
Section 61-33-4 – Powers and duties of commission.
The commission may adopt rules relating to the administration and enforcement of the Utility Operators Certification Act. The commission shall: A. adopt rules that classify public water supply systems and public wastewater facilities based on: (1) size and type of system or facility; (2) capacity of the system or facility based on the size of […]
Section 61-33-5 – Application requirements; fees; fund created; endorsement.
A. An applicant for certification as a certified operator shall: (1) make application on forms furnished by the department; (2) submit evidence satisfactory to the department that the applicant has reached the age of majority; and (3) except as provided in Section 61-1-34 NMSA 1978, pay in advance to the department fees set by rule […]
Section 61-33-6 – Certification required; prohibition.
It is unlawful to operate or allow the operation of a public water supply system or public wastewater facility unless the system or facility is operated by or under the supervision of a certified operator who meets or exceeds the appropriate certification level. History: 1953 Comp., § 67-40-6, enacted by Laws 1973, ch. 394, § […]
Section 61-33-7 – Suspension and revocation.
The department, in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] relating to notice and hearing, may suspend or revoke a certification upon the grounds that the certified operator: A. committed fraud or deceit in procuring the certification; B. committed gross incompetence in the operation of a public water […]
Section 61-33-8 – Prohibitions; penalty.
A. It is unlawful for any person not certified as an operator to: (1) use the title “certified operator” or words of similar import in connection with the person’s employment; (2) represent himself as a certified operator; or (3) perform the duties of a certified operator, except under the direct supervision of a certified operator […]
Section 61-33-9 – Variance procedures.
A. The commission shall establish by regulation a variance procedure for public water supply system and public wastewater facility operating authorities. B. Any variance procedure established by the commission shall not allow an operating authority more than six months to obtain the service of a certified operator, except the commission may give a variance not […]
Section 61-33-10 – Enforcement; compliance orders.
A. Whenever, on the basis of any information, the department determines that a person has violated, is violating or threatens to violate any requirement of the Utility Operators Certification Act, any rule adopted pursuant to that act or any condition of a certification issued under that act, the department may: (1) issue a compliance order […]
Section 61-33-1 – Short title.
Chapter 61, Article 33 NMSA 1978 may be cited as the “Utility Operators Certification Act”. History: 1953 Comp., § 67-40-1, enacted by Laws 1973, ch. 394, § 1; recompiled as 1978 Comp., § 61-33-1; Laws 1992, ch. 44, § 1. ANNOTATIONS The 1992 amendment, effective March 6, 1992, substituted “Chapter 61, Article 33 NMSA 1978″ […]
Section 61-33-2 – Definitions.
As used in the Utility Operators Certification Act [Chapter 61, Article 33 NMSA 1978]: A. “certified operator” means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities; B. “commission” means the water quality control commission; C. “department” means […]