# Title 23.1 — Environmental Quality

## Chapter 23.1-07 — Water Distribution and Wastewater Systems Operators

### § 23.1-07-01. Statement of policy.

It is the policy of the state of North Dakota to protect the public health and welfare of the
people of the state and the state's water resources by classifying all public water supply and
wastewater disposal systems in the state and by requiring the examination of operators and the
certification of their competency to supervise the operations of such facilities.
### § 23.1-07-02. Definitions.

For the purpose of this chapter, unless the context otherwise requires:
1. "Certificate" means a certificate of competency issued by the department stating that
the operator holding the certificate meets the requirements for the specified operator
grade in the certification program.
2. "Department" means the department of environmental quality.
3. "Ground water under the direct influence of surface water" means water beneath the
surface of the ground with significant occurrence of insects or other macro-organisms,
algae, or large-diameter pathogens such as Giardia lamblia, or significant and
relatively rapid shifts in water characteristics such as turbidity, temperature,
conductivity, or pH which closely correlate to climatological or surface water conditions.
4. "Operator" means the person in direct responsible charge of the operation of a water
treatment plant, a water distribution system, a wastewater treatment plant, or a
wastewater collection system.
5. "Population equivalent" for a wastewater collection system or treatment plant means
the calculated population that would normally contribute the same amount of
biochemical oxygen demand per day computed on the basis of seventeen hundredths
of one pound [77.11 grams] of five-day, sixty-eight-degree Fahrenheit [20-degree
Celsius] biochemical oxygen demand per capita per day.
6. "Wastewater collection system" means that portion of the wastewater disposal system
in which wastewater is conveyed to a wastewater treatment plant from the premises of
a contributor.
7. "Wastewater disposal system" means the system of pipes, structures, and facilities
through which wastewater from a public sewer system or industry is collected and
treated for final disposal. The system must serve a population equivalent of twenty-five
or more persons.
8. "Wastewater treatment plant" means that portion of the wastewater disposal system
used for the treatment and disposal of wastewater and the solids removed from
wastewater.
9. "Water distribution system" means that portion of the water supply system in which
water is conveyed from the water treatment plant or other supply point to the premises
of the consumer.
10. "Water supply system" means the system of pipes, structures, and facilities through
which a public water supply is obtained, treated, and sold or distributed for human
consumption or household use. The system must have at least fifteen service
connections or regularly serve an average of twenty-five or more persons for at least
sixty days a year.
11. "Water treatment plant" means that portion of the water supply system that in some
way alters the physical, chemical, or bacteriological quality of the water.
### § 23.1-07-03. Classification of plants and systems.

The department shall classify all water treatment plants, water distribution systems,
wastewater treatment plants, and wastewater collection systems with due regard to the size,
type, character of water and wastewater to be treated, and other physical conditions affecting
such facilities, and according to the skill, knowledge, and experience that an operator in

responsible charge must have to successfully supervise the operation of such facilities, so as to
protect the public health and prevent pollution of the waters of the state.
### § 23.1-07-04. Certification.

When the department is satisfied an applicant is qualified by examination or otherwise to
supervise the operation of treatment plants and systems, the department shall issue a certificate
attesting to the competency of the applicant as an operator. The certificate must indicate the
classification of treatment plant or system the operator is qualified to supervise.
1. A certificate issued under this chapter is valid for only one year and expires on the first
day of January of the year after which it was issued.
2. The department may revoke or suspend the certificate of an operator issued under this
chapter if the operator has practiced fraud or deception in obtaining the certificate or in
the performance of the operator's duty as an operator; if reasonable care, judgment, or
the application of the operator's knowledge or ability was not used in the performance
of the operator's duties; or if the operator is incompetent and unable to perform
properly the operator's duties as an operator. A certificate may not be revoked or
suspended except after a hearing before the director of the department, or the
director's designated representative. If a certificate is suspended or revoked, a new
application for certification may be considered by the department only after the
conditions causing the suspension or revocation 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.
3. Certificates in appropriate classification issued to operators before the effective date of
this chapter continue in effect.
### § 23.1-07-05. Fees.

The department by rule may prescribe and provide for the payment and collection of
reasonable fees for certificates issued under this chapter. The fees must be based on the
anticipated cost of filing and processing applications for operator certification, preparing and
administering examinations, and the annual renewal of certificates. All receipts from the fees
must be deposited in the state treasury to be credited to a special fund to be known as the
"operators' certification fund" to be used by the department to administer and enforce this
chapter and financially assist the department in conducting operator training programs. Any
surplus at the end of the fiscal year must be retained by the department for future expenditures.
### § 23.1-07-06. Duties of the department.

The department shall:
1. Hold at least one examination each year, administered by the department or a third-
party examination service, at a designated time and place for the purpose of
examining candidates for certification.
2. Promote the program of certification of water supply and wastewater disposal system
operators.
3. Distribute notices and applications and to receive and evaluate applications.
4. Collect fees for initial certification and annual renewal.
5. Prepare, conduct, and grade examinations. The department may use a third-party
examination service to prepare, conduct, and grade examinations.
6. Maintain records of operator qualifications, certification examination results, and a
register of certified operators.
7. Promote and schedule regular training schools and programs.
8. Adopt rules necessary to carry out this chapter.
9. Administer the wastewater infrastructure grant program.
### § 23.1-07-06.1. Administrative procedure and judicial review.

1. A proceeding under this chapter to adopt or modify rules relating to the certification
and regulation of water distribution and wastewater system operators, or for

determining compliance with rules of the department, must be conducted in
accordance with the provisions of chapter 28-32.
2. An appeal of a decision issued under subsection 1, must be conducted in accordance
with the provisions of chapter 28-32.
### § 23.1-07-07. Unlawful operation.

Except as provided in this section, it is unlawful for any person to operate a water treatment
plant or water distribution system serving twenty-five or more individuals or a wastewater
treatment plant or wastewater collection system serving a population equivalent of twenty-five or
more individuals unless the competency of the operator to operate such a plant or system is
certified by the department in a grade corresponding to the classification of that portion of the
system to be supervised. Operators of wastewater collection systems and wastewater
stabilization ponds or other nonmechanical wastewater treatment plants that serve a population
equivalent of less than five hundred individuals are excluded from this chapter. Operators of
water supply systems that serve other than year-round residents are excluded from this chapter
if all of the following conditions are met:
1. The water supply is obtained solely from ground water sources not under the direct
influence of surface water.
2. Treatment, if provided, consists strictly of disinfection, fluoridation, sequestration,
corrosion control, or other processes that involve simple chemical addition and minor
operational control.
3. The water supply system is not required by the federal Safe Drinking Water Act or its
implementing regulations to be operated by qualified personnel.
### § 23.1-07-08. Violations - Penalty.

1. A person that violates this chapter, a rule implementing this chapter, or an order issued
by the department under this chapter is subject to a civil penalty not to exceed five
thousand dollars per day of violation.
2. A person that willfully violates this chapter or the rules adopted under this chapter,
after written notice of the violation by the department, is guilty of a class A
misdemeanor.
3. A person that willfully makes a false statement, representation, or certification in an
application, record, report, plan, or other document filed or required to be maintained
under this chapter or any rule, order, limitation, or other applicable requirement
implementing this chapter or that falsifies, tampers with, or willfully renders inaccurate
any monitoring device or sample is guilty of a class A misdemeanor, unless the penalty
for the violation is otherwise specifically provided for and made exclusive in this
chapter.
### § 23.1-07-09. Wastewater infrastructure grant program.

1. The department shall award wastewater infrastructure grants to eligible entities
identified in subsection 2 to upgrade, replace, or construct infrastructure for a
wastewater collection system, wastewater disposal system, or wastewater treatment
plant.
2. Cities, counties, townships, water resource districts, recreation service districts, and
water districts operating wastewater systems in the state may receive a grant under
this section for an eligible project, subject to the availability of funds.
3. In awarding wastewater infrastructure grants to eligible entities, the department shall
prioritize eligible entities that:
a. Have experienced a reduction in previously approved federal funds or federal
assistance related to wastewater infrastructure projects; and
b. Are prepared to begin the wastewater infrastructure project upon receipt of the
grants.

4. An eligible wastewater system must be in compliance with current wastewater
regulations unless the project will return the system to compliance. Eligible projects
may not include operations and maintenance costs.
5. The department may not award a grant in excess of sixty percent of the total cost of a
project and shall ensure no community receives a grant for more than one project per
biennium.
