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 water
system" has the meaning set forth in IC 13-11-2-237.5.
(b) The commissioner may determine that this chapter does not
apply 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 implement
certification programs for operators of water treatment plants or
water distribution systems. The certification program for the
operators shall be classified in accordance with the complexity, size,
and source of the water for the treatment system and the complexity
and 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 actually
used 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 and
systems; and
(2) according to the:
(A) skill;
(B) knowledge; and
(C) experience;
that the operator in responsible charge must have to
successfully supervise the operation of those facilities so as to
protect 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 their
qualifications 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 the
competency of operators. A certificate must indicate the
classification of works, plant, or system that the operator is qualified
to 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 an
application form for use by applicants in applying for the appropriate
certificate issued under this chapter. An applicant must deposit a fee
of thirty dollars ($30) at the time of making application for
certification.
As added by P.L.1-1996, SEC.8.
IC 13-18-11-6
Renewal
Sec. 6. (a) A wastewater treatment plant operator certified under
this chapter may renew the operator's certificate biennially by paying
a renewal fee of thirty dollars ($30).
(b) The fee is due and payable before July 2 of the year for which
a renewal certificate is issued.
(c) A wastewater treatment plant operator who fails to renew a
certificate for three (3) successive years may not receive a renewal
certificate 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 distribution
system operator certified under this chapter may renew the operator's
certificate triennially by:
(1) paying a renewal fee of thirty dollars ($30); and
(2) meeting any continuing education requirements established
by the department.
(b) The:
(1) fee is due and payable; and
(2) proof of compliance with continuing education requirements
must be submitted to the department;
before July 2 of the year for which a renewal certificate is to be
issued.
(c) A water treatment plant operator or a water distribution system
operator who fails to renew a certificate within one (1) year after the
date the certificate expires may not receive a renewal certificate
without 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 person
certified by the commissioner as a wastewater treatment plant
operator 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) month
in advance of the date of expiration of the person's certificate to the
last 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 person
certified by the commissioner as a water treatment plant operator or
water distribution system operator under this chapter of the
following:
(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) month
in advance of the date of expiration of the person's certificate to the
last 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 the
certificate of an operator, following a hearing under IC 13-15-7-3 and
IC 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 the
operator's knowledge or ability was not used in the performance
of the operator's duties.
(3) The operator is incompetent or unable to properly perform
the operator's duties.
(b) A hearing and further proceedings shall be conducted in
accordance 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 and
payment of the fee, issue a certificate without examination in a
comparable classification to any person who holds a certificate in
any state of the United States if:
(1) the requirements for certification of operators under which
the person's certificate was issued:
(A) do not conflict with this chapter; or
(B) are of a standard not lower than that specified by this
chapter and the rules adopted under this chapter; and
(2) reciprocal privileges are granted to certified operators of
Indiana.
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 be
issued upon application and payment of the fee to operators of
wastewater treatment plants who, on July 1, 1968, hold certificates
of competency attained by examination under the voluntary
certification 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 be
made not later than July 1, 1969.
(b) Certificates of proper classification shall be issued upon
payment of the fee without examination to each person certified by
the governing body or owner to have been in direct responsible
charge of the wastewater treatment plant on July 1, 1968. A
certificate issued under this subsection is valid only for that
particular wastewater treatment plant, which the certificate must
indicate.
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 a
person under this chapter if all of the following conditions are met:
(1) The person is an operator in responsible charge of a water
treatment 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 time
under rules adopted in accordance with guidelines published
by the United States Environmental Protection Agency in the
Federal Register at 64 FR 5916 et seq.
(2) The owner of the water treatment plant or water distribution
system applies for a certificate for the operator in responsible
charge 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 of
the water treatment plant or water distribution system for which
the 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 classification
of the water treatment plant or water distribution system to renew the
certificate under this chapter.
(c) A person certified under subsection (a) who commences work
for a different water treatment plant or water distribution system
must meet the initial certification requirements for the plant or
system.
(d) Notwithstanding section 14 of this chapter, a water treatment
plant or water distribution system that meets the conditions of
subsection (a)(1) may continue to operate if the water treatment plant
or water distribution system applies to the commissioner for
certification of the operator in responsible charge of the water
treatment plant or water distribution system as provided in this
section.
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 water
distribution systems, whether publicly or privately owned, must be
under the supervision of an operator whose competency is certified
to by the commissioner in a classification corresponding to the
classification of the plant or distribution system to be supervised.
However, this section does not prohibit a governmental agency, a
corporation, or an individual from continuing to employ in that
capacity a person in responsible charge of the operations of the
works if the person is certified under section 10 of this chapter.
(b) A certified operator may supervise more than one (1) plant or
system if it can be shown that adequate supervision to ensure safe
and effective operation is provided for all plants and systems
supervised.
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 due
to death, resignation, extended illness, or a similar cause, the vacancy
may be filled for a period not exceeding one (1) year by an operator
with a provisional certification.
(b) On written request of the governing body or owner of a
wastewater or public water system, the commissioner may issue a
provisional certification under subsection (a) to a person with the
required education and experience qualifications, until the person has
had an opportunity to qualify by examination and be certified under
this 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 must
include the following:
(1) Provisions establishing the basis for classification of water
treatment plants, water distribution systems, and wastewater
treatment plants.
(2) Provisions establishing qualifications of applicants and
procedures for examination of candidates.
(3) Other provisions that are necessary for the administration of
this 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 or
private, may not operate a water or wastewater treatment plant or a
water distribution system unless the commissioner has certified the
operator in responsible charge under this chapter.
(b) A person may not perform the duties of an operator in
responsible charge of works described in subsection (a) without
being 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 deposited
with 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 C
infraction. Each day of violation of this chapter constitutes a separate
infraction.
As added by P.L.1-1996, SEC.8.