§ 68-221-901. Short Title

This part shall be known and may be cited as the “Water and Wastewater Operator Certification Act.”

§ 68-221-902. Legislative Purpose

Recognizing that correct operation of water and wastewater systems is necessary for the protection of the public health and the quality of the environment, it is declared to be the purpose of this part to prevent inadequate operation of all such systems through a system of certification of operators and penalties for noncompliance.

§ 68-221-903. Part Definitions

As used in this part, unless the context otherwise requires: “Board” means the board of certification created in § 68-221-905; “Certificate” means a certificate of competency issued by the commissioner stating that the operator has met the requirements for the specified operator classification of the certification program; “Commissioner” means the commissioner of environment and conservation […]

§ 68-221-904. Certified Operators Only — Violations of Part — Penalties

It is unlawful for any person, firm or corporation, both municipal and private, operating a water supply system or wastewater system, to operate the water treatment plant, wastewater treatment plant, water distribution system, or wastewater collection system unless the competency of the operators in direct charge of such system are duly certified by the commissioner […]

§ 68-221-905. Board of Certification

A board of certification is established for the administration of the certification program. The board is charged with the responsibility of conducting all work necessary to promote the program and maintain records, and shall also promulgate rules and regulations required in performing its obligations. Such board shall be composed of the following members, appointed by […]

§ 68-221-906. Powers and Duties of Board

Duties and authority of the board include: Adopt, modify, repeal, promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and, after due notice, enforce rules and regulations which the board deems necessary for proper administration of this part; Hold at least one (1) examination annually at a designated time […]

§ 68-221-907. Classification of Facilities and Systems

The board shall classify all water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems with due regard to the size, type, physical conditions affecting such treatment plants, collection systems and distributions systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of […]

§ 68-221-908. Certification by Commissioner

The commissioner, in accordance with the rules and regulations of the board, shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution systems, and wastewater collection systems, after considering the recommendations of the board appointed by the governor.

§ 68-221-909. Certification of Operators — Responsibilities — Multiple Functions

All operators of water and wastewater systems are encouraged to become certified, although this part requires only that a person in direct charge of a water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system be certified. There is nothing in the part to prohibit a single person becoming a certified operator […]

§ 68-221-910. Issuance, Duration and Renewal of Certificates — Reciprocity

Upon satisfactory fulfillment of the requirements and based upon recommendation of the board, the commissioner shall issue a suitable certificate to the applicant designating the applicant’s competency. The certificate will indicate that portion of the plant or system for which the operator is qualified. Certificates shall be permanent except as noted subsequently in this part. […]

§ 68-221-911. Revocation of Certificates — Appeals

The board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator’s knowledge was not used in performance of such operator’s duties; or that the operator is incompetent to properly perform such operator’s duties. When the […]

§ 68-221-912. Replacement of Certified Operator

The board may allow a period of up to six (6) months for the replacement of a certified operator whose services have been lost by death, illness or other unusual events. Further extensions of thirty (30) days, up to a total of one hundred eighty (180) additional days, may be granted if deemed necessary by […]

§ 68-221-913. Collection of Fees — Funding

All fees collected under this part shall be paid into the state treasury. The department of finance and administration, with the governor’s approval, is authorized to allot to the department of environment and conservation such funds as are necessary for the administration of this part, and the department is designated as the administrative agency for […]

§ 68-221-914. Appeals of Board’s Rulings

Any party to a hearing before the board regarding a revocation or an appeal of an order or assessment of a civil penalty by the commissioner may appeal the final order of the board to the chancery court of Davidson County. Such appeal must be filed within sixty (60) days.

§ 68-221-915. Complaints — Procedures — Determinations — Appeals

Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such a complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and […]