Title 34A — ENVIRONMENTAL PROTECTION

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 th…

34A-3-11 Duties of secretary. 34A-3-12 Functions performed by Department of Agriculture and Natural Resources and Board of Water Management. 34A-3-13 Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor. 34A-3-14 Application for certification-…

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 operato…

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 water hygiene…

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 competenc…

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.

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 possessi…

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.

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 provisi…

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 trea…

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…

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.

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.

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 h…

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 est…

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.

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 Certifica…

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 …

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 to the c…

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 N…

34A-3-7 Terms of office of appointive members of board. 34A-3-8 Vacancy in appointive membership--Termination of membership. 34A-3-9 Chairman and officers of board--Secretary. 34A-3-10

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.

If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of Sou…

Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote. Source: SL 1970, ch 217 , § 7; SDCL Supp, …