34A-3-1. Definition of terms. Terms used in this chapter, unless the context otherwise requires, mean: (1)”Board,” the Board of Certification. (2)”Certificate,” a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for the specified operator classification of the certification program. (3)”Department,” Department of Agriculture […]
34A-3-11. Duties of secretary. The secretary shall: (1)Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification; (2)Advertise and promote the program of certification of water and wastewater works operators; (3)Encourage other operators to become certified other than those required to do so by […]
34A-3-12. Functions performed by Department of Agriculture and Natural Resources and Board of Water Management. The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to […]
34A-3-13. Certified operators required for plants and systems–Time allowed to qualify–Misdemeanor. It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator […]
34A-3-14. Application for certification–Proof of fitness. Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant’s fitness as an operator as the secretary may prescribe. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-13.
34A-3-15. Examination and certification of applicants. Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department. If the applicant satisfactorily passes the examination required, and demonstrates possession of the necessary qualifications, the applicant […]
34A-3-18. Certifications–Expiration–Renewal. All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-17; SL 2021, ch 162, § 2.
34A-3-19. Certifications–Fees–Deposit and use of funds. The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisions, of […]
34A-3-2. Classification of plants and systems according to skill required. The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution […]
34A-3-20. Agreements for reciprocal certification. Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26. Source: SL 1970, ch 217, §12; SDCL Supp, §36-22A-19; revised pursuant to […]
34A-3-21. Suspension or revocation of certificate for violations. The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter. Source: SL 1970, ch 217, §13; SDCL Supp, §36-22A-20; SL 2011, ch 165, §75.
34A-3-22. Procedure for suspension or revocation. No certificate may be suspended or revoked except in compliance with chapter 1-26. Source: SL 1970, ch 217, §13; SDCL Supp, §36-22A-21; revised pursuant to SL 1972, ch 15, §4; SL 2011, ch 165, §76.
34A-3-23. New certificate after suspension or revocation–Judicial review. If a certificate is suspended or revoked as provided in §§34A-3-21 and 34A-3-22, a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact has been […]
34A-3-24. Rules promulgated by secretary–Contents. The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26, shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to establish qualifications of applicants and procedures for examination of candidates, membership […]
34A-3-26. Civil fine for supervision of water treatment plant by uncertified operator. Any system or operator who violates the provisions of §34A-3-4 is subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1992, ch 254, §91; SL 1993, ch 34, §5.
34A-3-3. Certification of qualifications to supervise plants and systems. The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certification. Source: SL 1970, ch 217, §3; SDCL Supp, §36-22A-3.
34A-3-4. Plants and systems for which certified operators required. All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in whole or in part, whether […]
34A-3-4.1. Operator certification to comply with federal Safe Drinking Water Act. All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding […]
34A-3-5. Board of Certification created–Functions–Composition of board. There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and Natural Resources as follows: […]
34A-3-7. Terms of office of appointive members of board. The appointed members’ terms of office on the board shall be three years and until their successors are selected and qualified. Source: SL 1970, ch 217, §6; SDCL Supp, §36-22A-6.
