CHAPTER 11. OPERATOR CERTIFICATION
IC 13-18-11
Chapter 11. Operator Certification
IC 13-18-11-1
Exclusion of certain water supply systems
Sec. 1. (a) As used in this chapter, "transient noncommunity watersystem" has the meaning set forth in IC 13-11-2-237.5.
(b) The commissioner may determine that this chapter does notapply to a transient noncommunity water system.
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.2;P.L.1-2001, SEC.18.
IC 13-18-11-1.5
Certification program for operators
Sec. 1.5. The department shall adopt regulations to implementcertification programs for operators of water treatment plants orwater distribution systems. The certification program for theoperators shall be classified in accordance with the complexity, size,and source of the water for the treatment system and the complexityand size for the distribution system.
As added by P.L.132-2000, SEC.3.
IC 13-18-11-2
Classification of treatment plants
Sec. 2. The commissioner shall classify all water treatment plants,wastewater treatment plants, and water distribution systems actuallyused or intended for use:
(1) with due regard to the:
(A) size;
(B) type;
(C) character of wastes or water to be treated; and
(D) other physical conditions affecting those plants andsystems; and
(2) according to the:
(A) skill;
(B) knowledge; and
(C) experience;
that the operator in responsible charge must have tosuccessfully supervise the operation of those facilities so as toprotect the public health.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-3
Plant operators
Sec. 3. The commissioner shall certify persons as to theirqualifications to supervise successfully the operation of:
(1) water treatment plants;
(2) water distribution systems; and
(3) wastewater treatment plants.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-4
Plant operators; certificates of competency
Sec. 4. The commissioner shall issue certificates attesting to thecompetency of operators. A certificate must indicate theclassification of works, plant, or system that the operator is qualifiedto supervise.
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.9.
IC 13-18-11-5
Application; fees
Sec. 5. The commissioner shall prescribe and provide anapplication form for use by applicants in applying for the appropriatecertificate issued under this chapter. An applicant must deposit a feeof thirty dollars ($30) at the time of making application forcertification.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-6
Renewal
Sec. 6. (a) A wastewater treatment plant operator certified underthis chapter may renew the operator's certificate biennially by payinga renewal fee of thirty dollars ($30).
(b) The fee is due and payable before July 2 of the year for whicha renewal certificate is issued.
(c) A wastewater treatment plant operator who fails to renew acertificate for three (3) successive years may not receive a renewalcertificate without reexamination.
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.4.
IC 13-18-11-6.5
Triennial renewal of certificate
Sec. 6.5. (a) A water treatment plant operator or water distributionsystem operator certified under this chapter may renew the operator'scertificate triennially by:
(1) paying a renewal fee of thirty dollars ($30); and
(2) meeting any continuing education requirements establishedby the department.
(b) The:
(1) fee is due and payable; and
(2) proof of compliance with continuing education requirementsmust be submitted to the department;
before July 2 of the year for which a renewal certificate is to beissued.
(c) A water treatment plant operator or a water distribution systemoperator who fails to renew a certificate within one (1) year after thedate the certificate expires may not receive a renewal certificatewithout reexamination.
As added by P.L.132-2000, SEC.5.
IC 13-18-11-7 Notice of expiration
Sec. 7. (a) The commissioner shall notify by mail each personcertified by the commissioner as a wastewater treatment plantoperator under this 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) monthin advance of the date of expiration of the person's certificate to thelast known address of the individual on file with the commissioner.
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.6.
IC 13-18-11-7.5
Notice regarding certificate and renewal
Sec. 7.5. (a) The commissioner shall notify by mail each personcertified by the commissioner as a water treatment plant operator orwater distribution system operator under this chapter of thefollowing:
(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) monthin advance of the date of expiration of the person's certificate to thelast known address of the individual on file with the commissioner.
As added by P.L.132-2000, SEC.7.
IC 13-18-11-8
Suspension or revocation
Sec. 8. (a) The commissioner may suspend or revoke thecertificate of an operator, following a hearing under IC 13-15-7-3 andIC 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 theoperator's knowledge or ability was not used in the performanceof the operator's duties.
(3) The operator is incompetent or unable to properly performthe operator's duties.
(b) A hearing and further proceedings shall be conducted inaccordance with IC 4-21.5-7.
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.9;P.L.132-2000, SEC.8.
IC 13-18-11-9
Certificates to operators from other states; reciprocity
Sec. 9. The commissioner may, upon receipt of an application andpayment of the fee, issue a certificate without examination in acomparable classification to any person who holds a certificate inany state of the United States if: (1) the requirements for certification of operators under whichthe person's certificate was issued:
(A) do not conflict with this chapter; or
(B) are of a standard not lower than that specified by thischapter and the rules adopted under this chapter; and
(2) reciprocal privileges are granted to certified operators ofIndiana.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-10
Plant operators; certificates of competency; exceptions
Sec. 10. (a) Certificates in appropriate classification shall beissued upon application and payment of the fee to operators ofwastewater treatment plants who, on July 1, 1968, hold certificatesof competency attained by examination under the voluntarycertification program administered by:
(1) the Indiana Water Pollution Control Association; or
(2) the Indiana Section, American Water Works Association.
However, application for a certificate under this subsection must bemade not later than July 1, 1969.
(b) Certificates of proper classification shall be issued uponpayment of the fee without examination to each person certified bythe governing body or owner to have been in direct responsiblecharge of the wastewater treatment plant on July 1, 1968. Acertificate issued under this subsection is valid only for thatparticular wastewater treatment plant, which the certificate mustindicate.
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.9.
IC 13-18-11-10.5
Issuance of certificate
Sec. 10.5. (a) The commissioner may issue a certificate to aperson under this chapter if all of the following conditions are met:
(1) The person is an operator in responsible charge of a watertreatment plant or water distribution system that was:
(A) in operation before September 2, 2000; and
(B) required to have a certified operator for the first timeunder rules adopted in accordance with guidelines publishedby the United States Environmental Protection Agency in theFederal Register at 64 FR 5916 et seq.
(2) The owner of the water treatment plant or water distributionsystem applies for a certificate for the operator in responsiblecharge before September 1, 2002.
(3) The certificate issued by the commissioner:
(A) is site specific; and
(B) may not be transferred to another operator.
(4) The certificate will become invalid if the classification ofthe water treatment plant or water distribution system for whichthe certificate was issued changes to a higher level.
(b) A person certified under subsection (a) must meet all
requirements for certification renewal that apply to the classificationof the water treatment plant or water distribution system to renew thecertificate under this chapter.
(c) A person certified under subsection (a) who commences workfor a different water treatment plant or water distribution systemmust meet the initial certification requirements for the plant orsystem.
(d) Notwithstanding section 14 of this chapter, a water treatmentplant or water distribution system that meets the conditions ofsubsection (a)(1) may continue to operate if the water treatment plantor water distribution system applies to the commissioner forcertification of the operator in responsible charge of the watertreatment plant or water distribution system as provided in thissection.
As added by P.L.132-2000, SEC.10.
IC 13-18-11-11
Plant supervision by certified plant operator; exceptions
Sec. 11. (a) All water or wastewater treatment plants and waterdistribution systems, whether publicly or privately owned, must beunder the supervision of an operator whose competency is certifiedto by the commissioner in a classification corresponding to theclassification of the plant or distribution system to be supervised.However, this section does not prohibit a governmental agency, acorporation, or an individual from continuing to employ in thatcapacity a person in responsible charge of the operations of theworks if the person is certified under section 10 of this chapter.
(b) A certified operator may supervise more than one (1) plant orsystem if it can be shown that adequate supervision to ensure safeand effective operation is provided for all plants and systemssupervised.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-12
Plant operators; vacancies; provisional certification
Sec. 12. (a) When a vacancy in a position of operator occurs dueto death, resignation, extended illness, or a similar cause, the vacancymay be filled for a period not exceeding one (1) year by an operatorwith a provisional certification.
(b) On written request of the governing body or owner of awastewater or public water system, the commissioner may issue aprovisional certification under subsection (a) to a person with therequired education and experience qualifications, until the person hashad an opportunity to qualify by examination and be certified underthis chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.13.
IC 13-18-11-13
Rule
Sec. 13. The board shall adopt rules under IC 4-22-2 that are
necessary to carry out the intent of this chapter. The rules mustinclude the following:
(1) Provisions establishing the basis for classification of watertreatment plants, water distribution systems, and wastewatertreatment plants.
(2) Provisions establishing qualifications of applicants andprocedures for examination of candidates.
(3) Other provisions that are necessary for the administration ofthis chapter.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-14
Plant operation by certified operators
Sec. 14. (a) A person, firm, or corporation, whether municipal orprivate, may not operate a water or wastewater treatment plant or awater distribution system unless the commissioner has certified theoperator in responsible charge under this chapter.
(b) A person may not perform the duties of an operator inresponsible charge of works described in subsection (a) withoutbeing certified under this chapter.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-15
Fees; deposit
Sec. 15. All fees collected under this chapter shall be depositedwith the treasurer of state.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-16
Violations
Sec. 16. A person who violates this chapter commits a Class Cinfraction. Each day of violation of this chapter constitutes a separateinfraction.
As added by P.L.1-1996, SEC.8.