A3142

An Act concerning water supply and wastewater treatment system operators and amending P.L.1983, c.230.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1983, c.230 (C.58:11-66) is amended to read as follows:

3. a. Every system shall be operated and maintained by at least one licensed operator. Any person employed in the capacity of a licensed operator not holding the license required for a system may continue in such capacity, at the discretion of the department, if he meets the other requirements of [this act] P.L.1983, c.230 (C.58:11-64 et seq.) and the rules and regulations adopted thereto.

Unless exempted pursuant to rule or regulation adopted by the department, class 3 treatment systems and class 4 treatment systems, as defined by the department, shall have the appropriate full-time licensed operator. Additionally, each class 4 treatment system, as defined by the department, shall have a licensee possessing any valid treatment license within the appropriate system classification, physically present at the treatment system during that portion of each 24-hour period when the licensed operator is not present.

b. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), adopt, and may amend or repeal rules and regulations to classify and reclassify licenses and systems.

c. The department shall upgrade or downgrade the classification of a system whenever the system changes sufficiently to place it in a different classification from the one in which it is classified.

d. If licenses are reclassified by the department, subject to new classification requirements, the licensee at the time of the reclassification shall be reissued, at the time of the next license renewal, the highest license corresponding to the new classification.

(cf: P.L.1983, c.230, s.3)

2. Section 4 of P.L.1983, c.230 (C.58:11-67) is amended to read as follows:

4. a. The department shall conduct examinations for licenses to operate systems to be held at least twice annually, by the persons and at the times and places it may appoint. The department shall determine the subject matter to be included in the examinations and the manner in which the examinations shall be conducted. Every applicant who has been admitted to an examination, and who has successfully passed the examination shall receive the license of the classification for which the examination was held.

b. The commissioner shall establish a board of examiners composed of licensed operators, and employees of the department, and any additional advisory bodies deemed necessary, to assist the department in administering the licensing program established pursuant to [this act] P.L.1983, c.230 (C.58:11-64 et seq.). The board of examiners shall annually review the programs and regulations adopted pursuant to [this act] P.L.1983, c.230 (C.58:11-64 et seq.) and make recommendations to the department for their improvement.

c. The commissioner shall adopt, and may amend, or repeal rules and regulations establishing the board of examiners, and other advisory bodies, their composition and duties, and the qualifications for issuance of licenses, examination methods and procedures, and all other matters including fees necessary to implement and administer an adequate licensing program.

d. A professional engineer who is duly licensed to practice professional engineering in this State pursuant to P.L.1938 c.342 (C.45:8-27 et seq.), and has a college degree in an engineering program or curriculum of four years or more, shall be admitted to any examination offered pursuant to this section, notwithstanding that the professional engineer does not have operating experience or direct responsible charge experience, as defined by the department, or has not completed additional courses.

e. The commissioner shall establish an operator in training (OIT) certification for operators or students who have taken water supply and wastewater courses as required and approved by the department. Upon completion of the required courses, the operator or student may apply for the licensing exam, without hands on experience, and upon passing the exam shall become an OIT. Upon acquiring the required operating experience, and making application to the board of examiners, the department shall issue the OIT the appropriate license.

f. The commissioner shall permit licensed operators to renew their license by choosing inactive status, without requiring additional training contact hours. An operator with an inactive license shall not operate or maintain a system. An operator with an inactive license may return to active status at any time, provided the operator submits to the board of examiners proof of successful completion of one cycle of training contact hours earned within the three years immediately preceding the date the license is reactivated. Only licensed operators who have been licensed for a minimum of 25 years and who are 62 years of age or older shall be eligible for inactive license status. Inactive licensed operators shall pay the annual license registration fee.

(cf: P.L.1983, c.230, s.4)

3. Section 6 of P.L.1983, c.230 (C.58:11-69) is amended to read as follows:

6. a. The department may issue licenses, without examination, for the operation of systems to such persons who, in the judgment of the department, meet all the requirements of [this act] P.L.1983, c.230 (C.58:11-64 et seq.) and the rules and regulations adopted pursuant [to this act] thereto and who hold valid current licenses to operate a system with at least the equivalent classification in a state, country or territory other than the State of New Jersey, which state, country or territory also recognizes the validity of New Jersey licenses, and which has requirements for the issuance of licenses to operate systems at least as stringent as the requirements of the State of New Jersey.

b. A person seeking a license, without examination, under this section shall submit to the department the following documentation to determine whether the person has met all the requirements of P.L.1983, c.230 (C.58:11-64 et seq.) and the rules and regulations adopted pursuant thereto:

(1) educational transcripts;

(2) copy of a license from the other state, country or territory;

(3) letters of recommendation from previous employers;

(4) an attestation from a previous employer indicating employment history and qualifications; and

(5) any other documentation that the department deems necessary in demonstrating that the person has met all the requirements of P.L.1983, c.230 (C.58:11-64 et seq.) and the rules and regulations adopted pursuant thereto.

c. The department shall require an examination for the license being sought under this section if the department determines that the person fails to meet all the requirements of P.L.1983, c.230 (C.58:11-64 et seq.) and the rules and regulations adopted pursuant thereto.

(cf: P.L.1983, c.230, s.6)

4. This act shall take effect immediately.

STATEMENT

This bill amends the "Water Supply and Wastewater Operators' Licensing Act" by requiring class 3 and class 4 treatment systems to be operated by a full-time licensed operator. The bill also stipulates that class 4 treatment systems must have a person with any valid treatment license within the appropriate system classification physically present for that portion of each 24-hour period when the licensed operator is not present.

The bill also permits professional engineers to take the water supply and wastewater treatment systems operator licensing examination without meeting certain additional requirements. The bill specifically provides that a licensed professional engineer who has a college degree in an engineering program or curriculum of four years or more shall be admitted to any examination offered pursuant to the “Water Supply and Wastewater Operators Licensing Act,” notwithstanding that the professional engineer does not have operating experience or direct responsible charge experience or has not completed additional courses.

The bill also establishes an operator in training certification for operators or students who have taken water supply and wastewater courses. Hands-on operating experience is not required for certification but an individual must complete required courses, pass an examination, and apply to the Department of Environmental Protection to obtain certification as an operator in training.

The bill adds a provision allowing a licensed operator to renew his or her license in an inactive status, without requiring additional training contact hours. An operator with an inactive license is not permitted to operate or maintain a system. An operator in inactive status may also return to active status at any time if the operator submits to the board of examiners proof of successful completion of one cycle of training contact hours earned within the previous three years. Only licensed operators who have been licensed for a minimum of 25 years and who are 62 years of age or older are eligible for inactive license status.

Lastly, the bill requires the following documentation be submitted to the Department of Environmental Protection if an individual seeks a water supply and wastewater treatment systems operator license without examination:

(1) educational transcripts;

(2) a copy of a license from another state, country, or territory;

(3) letters of recommendation from previous employers;

(4) an attestation from a previous employer indicating employment history and qualifications; and