# Title 33.1 — Department of Environmental Quality

## Article 33.1-19 — Certification of Water and Wastewater Systems Operators

## Chapter 33.1-19-01 — Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators

System Operators, Wastewater Treatment Facility Operators, and Wastewater
Collection and Transfer System Operators
### § 33.1-19-01-01. Responsibility.

It is the responsibility of any person or persons operating a water treatment, water distribution and
storage, wastewater treatment, or wastewater collection and transfer facility or system to comply with
this chapter pursuant to North Dakota Century Code chapter 23.1-07.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-02. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Direct responsible charge" means full and active performance of onsite operation of a water
or wastewater treatment facility or a water distribution and storage or wastewater collection
and transfer system, where the operator is responsible for technical support of the facility or
system and provides direction to other operators, is onsite or on call during shift operations, is
responsible for the operation of a major segment of a facility or system, or is the sole person
employed as the facility or system operator.

2. "Official census" means the census taken each decade or a special census taken by the
United States bureau of the census.
3. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public
or private institution, group, agency, political subdivision of this state, any other state or
political subdivision or agency thereof and any legal successor, representative agent, or
agency of the foregoing.
4. "Water treatment facility" includes the source or sources of water or the water treatment plant
or both.
5. "Water distribution and storage system" means that portion of the water supply system which
obtains, stores, and conveys water from the treatment facility or other supply point to the
premises of the consumer.
6. "Wastewater treatment facility" means those systems using mechanical or nonmechanical or
both types of process units for the treatment of wastewater and for the treatment and disposal
of solids removed from such wastes.
7. "Wastewater collection and transfer system" means that portion of a wastewater system in
which wastewater is conveyed to a treatment facility from the premises of a contributor.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-03. General.

1. The official census must be used to determine the population served by a water treatment
facility, water distribution and storage system, wastewater treatment facility, or wastewater
collection and transfer system if population equivalent data is not available.
2. The total number of people served on an annual average daily basis must be used to
determine population served by a water treatment facility, water distribution and storage
system, wastewater treatment facility, or wastewater collection and transfer system if official
census data is not available.
3. Facilities or systems with sufficiently complicated processes may be raised to a classification
higher than that indicated by population equivalent or census.
4. Any facility which may have a combination of treatment processes, some of which may be in
different facility classes, must be classified based on the treatment process which requires the
highest numerical classification.
5. An operator who has direct responsible charge shall hold a certificate that is at least equal to
the classification of the facility or system where the operator is employed.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-04, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-04. Application for certification.

Applications for certification must be filed with the department fifteen days prior to the examination
on appropriate forms. An application remains valid for a period of six months from the date of
submission.
History: Effective January 1, 2019.

General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-04, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-05. Examinations.

1. Written examinations must be used in determining knowledge, ability, and judgment of the
applicant. Oral examinations may be used in lieu of or in conjunction with the written
examinations at the discretion of the department.
2. Examinations must be held at places and times set by the department. At least one
examination session must be held annually. Additional examination sessions may be held at
the discretion of the department.
3. Separate examinations will be prepared for each facility or system classification.
4. All examinations must be graded by personnel designated by the department.
5. An examination may be rewritten once within one year from the date on which the original
examination was written. A new certification application and the required fee must be
submitted to the department to rewrite an examination.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-06. Fees for certification.

1. Fees for certification are fifty dollars per examination.
2. Fees for annual renewals are twenty-five dollars per certificate.
3. The certification fee from a qualified applicant is nonrefundable and must be received by the
department prior to the examination. Applicants will be notified of the results of the
examinations. Papers and test material remain the property of the department. Applicants
may, upon request, review the results with the department.
4. Fees received from operators whose application for certification has been rejected will be
returned.
History: Effective January 1, 2019; amended effective January 1, 2022.
General Authority: NDCC 23.1-07-06
Law Implemented: NDCC 23.1-07-05, 23.1-07-06
### § 33.1-19-01-07. Issuance of certificates.

1. Upon satisfactory compliance with the certification qualifications, fee, and examination
requirements provided herein, the department will issue a certificate to the applicant. The
certificate will indicate the operator certification grade, the class of facility or system the
applicant is certified to operate, the certificate number, and date of issuance.
2. To maintain certification, all certified operators are required to earn continuing education
credits by attending training programs, seminars, workshops, and schools established or
officially recognized by the department.
a. The number of continuing education credits that can be earned by attending officially
recognized training programs, seminars, workshops, and schools must be established
and regulated by the department.

b. The number of continuing education credits to be earned within a three year period of
time is twelve.
c. Training programs offered by other government agencies, educational institutions, and
operator organizations may be used for the continuing education credit requirements at
the discretion of the department.
d. Certified operators who no longer operate facilities or systems within the boundaries of
the state are exempt from the continuing education credit requirements. They may
maintain valid North Dakota operator's certificates by paying the required annual renewal
fees. If they return to work as an operator in the state, the continuing education credit
requirements are in effect and they must earn the required number of training credits
during their first year upon returning to North Dakota.
e. A certified operator not in compliance with the continuing education credit requirements,
as determined by the department, is subject to revocation or suspension of the operator's
certification.
3. Certificates are valid for a maximum of one year and expire on the first day of July. Certificates
which have been revoked for a cause, invalidated, or replaced by one of higher grade are not
renewable, except as noted in this chapter. Annual certificate renewal cards must be issued by
the department upon receipt of the renewal fee as previously set forth.
4. An operator whose certification is invalidated because of failure to renew may apply for
renewal within one year following the certificate's expiration date. The operator may be issued
a certificate of the same category, grade, and classification if the request for renewal is
received by the department within one year after the expiration date of the certificate, the
continuing education requirements are satisfied, and all delinquent fees are paid. Failure to
renew certification for a period of more than one year following expiration of the certificate will
require requalification by reapplication, reexamination, and payment of examination fees
before recertification is granted.
5. Certificates remain valid as long as the operator exercises reasonable care and judgment in
the application of duties and satisfies the continuing education and annual renewal
requirements as previously set forth. Certificates may be revoked as provided in North Dakota
Century Code chapter 23.1-07. No certificate will be valid if obtained through fraud, deceit,
misrepresentation, or the submission of false or inaccurate data, information, or qualifications.
6. The department may issue certificates by reciprocity, without written examination, to any
person holding a certificate from any other state, territory, possession of the United States of
America, or any country providing that the requirements for certification of operators under
which the operator's certificate was issued are equal to or higher than specified under this
chapter for a like certificate and providing further that reciprocal privileges are granted to
certified operators in North Dakota.
7. Certificates in an appropriate category, grade, and classification may be issued without
examination to qualifying operators as provided by North Dakota Century Code chapter
23.1-07.
8. A temporary restricted operator's permit may be issued by the department upon application by
the facility or system owner on behalf of the operator where circumstances may exist to
warrant issuance. A temporary restricted operator's permit will be valid for one year from the
date of issuance. When the operator satisfies the minimum grade level qualifications and
requirements for certification, the operator shall submit an application for certification to the
department and write the appropriate category and class examination during the first
examination session offered by the department following the date of application.

9. The department may revoke or suspend the certificate of an operator issued hereunder if it is
found by the department that the operator has practiced fraud or deception by willfully
changing records or by omission, or knowingly giving false information to the department, or
failed to take corrective action required by the department, or failed to take required samples,
or failed to protect the public health or the state's water resources; or when it is found that
reasonable care, judgment, or the application of the operator's knowledge or ability was not
used in the performance of the operator's duties. A certificate may not be revoked or
suspended except after a hearing before the department. If a certificate is suspended or
revoked as herein provided, a new application for certification may be considered by the
department if, when, and after the conditions upon which suspension or revocation was based
have been corrected and evidence of this fact has been satisfactorily submitted to the
department. A new certificate may then be granted by the department.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-04, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-08. Water treatment facility classifications.

Water treatment facilities must be classified in one of five classes. Classifications must be based on
population served, design population, type of treatment, raw water quality and volume of water to be
treated, and complexity of sludge handling units. Facilities may be classified one level higher than
indicated solely by population at the discretion of the department if the facility has special design
features or complex features or characteristics unusually difficult to operate, by reason of raw water
unusually difficult to treat, by reason of volume of water treated, or by reason of a combination of such
conditions or circumstances.
1. Class IA. All water facilities using simple chemical or physical treatment processes and
designed to serve a population of less than five hundred persons.
2. Class I. All water facilities using chemical treatment processes and designed to serve a
population of five hundred to five thousand persons. This will include water facilities utilizing
disinfection, fluoridation, corrosion control, sequestering, or combinations of these processes
or other processes that involve simple chemical addition and a minor degree of operational
control.
3. Class II.
a. All water facilities using chemical treatment processes and designed to serve a
population of five thousand to fifteen thousand persons. This will include water facilities
utilizing disinfection, fluoridation, corrosion control, sequestering, or combinations of
these processes or other processes that involve simple chemical addition and a
moderate degree of operational control.
b. All water plants using chemical softening processes and filtration requiring a moderate
degree of operational control serving a population of less than one thousand persons.
c. All water plants using coagulation, sedimentation, and filtration for clarification requiring a
moderate degree of operational control serving a population of less than one thousand
five hundred persons.
d. All water plants using chemical oxidation of iron or manganese and filtration requiring a
moderate degree of operational control serving a population of less than two thousand
persons.

e. All water plants using processes requiring a moderate degree of operational control but
not listed in subdivisions b, c, and d and serving a population of less than two thousand
persons.
4. Class III.
a. All water facilities using chemical treatment processes and designed to serve a
population of fifteen thousand persons or more. This will include water facilities utilizing
disinfection, fluoridation, corrosion control, sequestering, or combinations of these
processes or other processes that involve simple chemical addition and a high degree of
operational control.
b. All water plants using chemical softening processes and filtration requiring a high degree
of operational control serving a population of one thousand to five thousand persons.
c. All water plants using coagulation, sedimentation, and filtration for clarification requiring a
high degree of operational control serving a population of one thousand five hundred to
ten thousand persons.
d. All water plants using chemical oxidation of iron or manganese and filtration requiring a
high degree of operational control serving a population of two thousand to fifteen
thousand persons.
e. All water plants using processes requiring a high degree of operational control but not
listed in subdivisions b, c, and d and serving a population of two thousand to fifteen
thousand persons.
5. Class IV.
a. All water plants using chemical softening processes and filtration requiring a high degree
of operational control serving a population of five thousand or more persons.
b. All water plants using coagulation, sedimentation, and filtration for clarification requiring a
high degree of operational control serving a population of ten thousand or more persons.
c. All water plants using chemical oxidation of iron or manganese and filtration requiring a
high degree of operational control serving a population of fifteen thousand or more
persons.
d. All water plants using processes requiring a high degree of operational control but not
listed in subdivisions a, b, and c and serving a population of fifteen thousand or more
persons.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-08.1. Water distribution and storage system classifications.

Water distribution and storage systems must be classified in one of five classes. Classifications
must be based on population served, design population, type of distribution and storage system, and
the volume of water to be handled. Systems may be classified one level higher than indicated solely by
population at the discretion of the department by reason of the incorporation in the system of special
design features or complex features or characteristics unusually difficult to operate, by reason of
conditions of volume and flow, or by reason of a combination of such conditions and circumstances.

1. Class IA. All water distribution and storage systems serving a population of less than five
hundred persons.
2. Class I. All water distribution and storage systems serving a population of five hundred to one
thousand five hundred persons.
3. Class II. All water distribution and storage systems serving a population of one thousand five
hundred to fifteen thousand persons.
4. Class III. All water distribution and storage systems serving a population of fifteen thousand to
fifty thousand persons.
5. Class IV. All water distribution and storage systems serving a population of fifty thousand
persons or more.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-09. Wastewater treatment facility classifications.

Wastewater treatment facilities must be classified in one of five classes. Classifications must be
based on population served, design population, type of treatment, character and volume of wastes to
be treated, and the use and nature of the water resources receiving the facility effluent. Facilities may
be classified one level higher than indicated solely by population at the discretion of the department if
the facility has special design features or complex features or characteristics unusually difficult to
operate, by reason of a waste unusually difficult to treat, by reason of conditions of flow, or by reason of
the receiving water quality classification requiring an unusually high degree of facility operational
control, or by reason of a combination of such conditions or circumstances.
1. Class IA. All wastewater stabilization ponds, land treatment facilities, wetlands treatment
facilities, or other nonmechanical facilities requiring a minor degree of operational control
serving a population equivalent of less than five hundred persons.
2. Class I. All wastewater stabilization ponds, land treatment facilities, wetlands treatment
facilities, or other nonmechanical facilities requiring a minor degree of operational control
serving a population equivalent of five hundred to less than ten thousand persons.
3. Class II.
a. All mechanical facilities, mechanically aerated stabilization ponds, oxidation ditches, or
other facilities requiring a moderate degree of operational control serving a population
equivalent of less than ten thousand persons.
b. All wastewater stabilization ponds, land treatment facilities, wetlands treatment facilities,
or other nonmechanical facilities requiring a minor degree of operational control serving a
population equivalent of ten thousand persons or more.
4. Class III.
a. All mechanical facilities, mechanically aerated stabilization ponds, oxidation ditches, or
other facilities requiring a moderate degree of operational and laboratory control serving
a population equivalent of ten thousand persons or more.
b. All activated sludge facilities, trickling filter facilities, rotating biological contactor facilities,
separate sludge stabilization facilities, or other mechanical facilities requiring a high

degree of operational and laboratory control serving a population equivalent of less than
ten thousand persons.
5. Class IV. All activated sludge facilities, trickling filter facilities, rotating biological contactor
facilities, separate sludge stabilization facilities, or other mechanical facilities requiring a high
degree of operational and laboratory control serving a population equivalent of ten thousand
persons or more.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-09.1. Wastewater collection and transfer system classifications.

Wastewater collection and transfer systems must be classified in one of five classes. Classifications
must be based on population served, design population, type of collection and transfer system, and the
character and volume of wastes to be handled. Systems may be classified one level higher than
indicated solely by population at the discretion of the department by reason of the incorporation in the
system of special design features or complex features or characteristics unusually difficult to operate,
by reason of conditions of flow, or by reason of a combination of such conditions and circumstances.
1. Class IA. All wastewater collection and transfer systems serving a population of less than five
hundred persons.
2. Class I. All wastewater collection and transfer systems serving a population of five hundred to
one thousand five hundred persons.
3. Class II. All wastewater collection and transfer systems serving a population of one thousand
five hundred to fifteen thousand persons.
4. Class III. All wastewater collection and transfer systems serving a population of fifteen
thousand to fifty thousand persons.
5. Class IV. All wastewater collection and transfer systems serving a population of fifty thousand
persons or more.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-10. Change of classification.

Classification of any treatment facility or distribution and storage or collection and transfer system
may be changed at the discretion of the department by reason of changes in any condition or
circumstance on which the original classification was based. The department shall provide notice of any
classification change to the owner of the facility or system.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-11. Certification requirements.

1. Operator certification is mandatory for all persons in direct responsible charge of the operation
or maintenance of water treatment facilities, water distribution and storage systems,
wastewater treatment facilities, or wastewater collection and transfer systems as required by
North Dakota Century Code section 23.1-07-07 and applicable federal laws and regulations.

2. Five grades of operators for water treatment facilities, water distribution and storage systems,
wastewater treatment facilities, and wastewater collection and transfer systems are hereby
established. To qualify for certification in a given grade, an applicant must satisfy the
education and experience requirements, or their equivalents, of the grade for which the
certification application is submitted.
3. All applicants must pass a certification examination as developed and administered by the
department for the class of facility or system for which the certification application is submitted.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-04, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-12. Operator qualifications.

The following grade qualifications are intended to be as nearly compatible as possible to the
corresponding facility or system classification.
1. Grade IA.
a. Completion of high school or equivalent, and a minimum of six months of acceptable
operation of a facility or system of class IA or higher.
b. A combination of education qualifications and experience that will be satisfactory to the
department. No substitute may be permitted for minimum experience requirements,
unless an exception is granted under section 33.1-19-01-07.
2. Grade I.
a. Completion of high school or equivalent, and a minimum one year of acceptable
operation of a facility or system class I or higher; or
b. A combination of education qualifications and experience that will be satisfactory to the
department. No substitute may be permitted for minimum experience requirements,
unless an exception is granted under section 33.1-19-01-07.
3. Grade II.
a. A four-year college degree and a minimum one year of acceptable operation of a facility
or system of class I or higher, one year of which must have been in a position of direct
responsible charge;
b. Two years post high school education and a minimum two years of acceptable operation
of a facility or system of class I or higher, one year of which must have been in a position
of direct responsible charge;
c. Completion of high school or equivalent, and a minimum three years of acceptable
operation of a facility or system of class I or higher, one year of which must have been in
a position of direct responsible charge; or
d. A combination of education qualifications and experience that will be satisfactory to the
department. No substitute may be permitted for the minimum experience requirement,
unless an exception is granted under section 33.1-19-01-07.
4. Grade III.

a. A four-year college degree and a minimum two years of acceptable operation of a facility
or system of class II or higher, two years of which must have been in a position of direct
responsible charge;
b. Two years post high school education and a minimum three years of acceptable
operation of a facility or system of class II or higher, two years of which must have been
in a position of direct responsible charge;
c. Completion of high school or equivalent, and a minimum four years of acceptable
operation of a facility or system of class II or higher, two years of which must have been
in a position of direct responsible charge; or
d. A combination of education qualifications and experience that will be satisfactory to the
department. No substitute may be permitted for the minimum experience requirement,
unless an exception is granted under section 33.1-19-01-07.
5. Grade IV.
a. A four-year college degree and a minimum three years of acceptable operation of a
facility or system of class III or higher, two years of which must have been in a position of
direct responsible charge;
b. Two years of post high school education and a minimum four years of acceptable
operation of a facility or system of class III or higher, two years of which must be in a
position of direct responsible charge;
c. Completion of high school or equivalent and a minimum five years of acceptable
operation of a facility or system of class III or higher, two years of which must have been
in a position of direct responsible charge; or
d. A combination of education qualifications and experience that will be satisfactory to the
department. No substitute may be permitted for the minimum experience requirement,
unless an exception is granted under section 33.1-19-01-07.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
### § 33.1-19-01-13. [Reserved].

### § 33.1-19-01-14. [Reserved].

### § 33.1-19-01-15. [Reserved].

### § 33.1-19-01-16. Substitutions or equivalents.

In determining the qualifications of operators desiring to be certified, the following substitutions or
equivalents may be used:
1. One year of acceptable operating experience may be considered equivalent to one year of
high school.
2. Experience applied to the educational requirement may not also be applied to the experience
requirement.

3. An acceptable high school equivalency certificate may be used to substitute for graduation
from high school.
4. No substitutions or equivalents will be allowed in lieu of the minimum acceptable experience in
the operation of water treatment, water distribution and storage, wastewater treatment, and
wastewater collection and transfer facilities or systems.
5. The department may waive the experience requirements in an exceptional set of
circumstances.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-07-06; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-07-03, 23.1-07-06; S.L. 2017, ch. 199, § 22
