Kansas Statutes

Chapter 65: Public Health

Article 45: Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities

Statutes:

• 65-4501: Definitions.
• 65-4502: Powers and duties of the secretary; establishment of certification program.
• 65-4503: Certification of certain persons without examination.
• 65-4504: Reciprocal certification agreements.
• 65-4505: Classification of systems and facilities; criteria.
• 65-4506: Certification; correspondence course in lieu of classroom instruction; fee.
• 65-4507: Revocation of certificate; grounds.
• 65-4508: Denial, revocation or suspension of certificate; hearing.
• 65-4509: Judicial review of secretary's actions.
• 65-4510: Certification of operators required by July 1, 1976.
• 65-4511: Certification of new employees required within one year.
• 65-4512: Rules and regulations of the secretary.
• 65-4513: Fees.
• 65-4514: Disposition of moneys; certification of operators of water supply systems and wastewater treatment facilities fee fund abolished.
• 65-4515: Necessary personnel and expenditures; assistance for owners of small systems and facilities.
• 65-4516: Certification; unlawful acts.
• 65-4517: Penalties.

• 65-4501: Definitions. As used in this act, unless otherwise specifically defined, the following words and phrases shall have the meanings respectively ascribed to them herein:

        (a)   "Department" shall mean the department of health and environment.

        (b)   "Secretary" shall mean the secretary of health and environment.

        (c)   "Person" shall mean an individual, partnership, corporation or association.

        (d)   "Water supply system" shall mean the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.

        (e)   "Waste water treatment facility" shall mean the facility or group of units provided for the treatment of wastewater, including sewage or wastes or both.

        (f)   "Operator" shall mean the person who has direct responsibility for supervising the operation of a water supply system or a wastewater treatment facility.

        (g)   "Certificate" shall mean a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.

        History:   L. 1975, ch. 510, § 1; July 1.

• 65-4502: Powers and duties of the secretary; establishment of certification program. In addition to other powers and duties the secretary shall: (a) Establish and carry out the certification program;

        (b)   Recommend classification of water supply systems and wastewater treatment facilities;

        (c)   Examine the qualifications of applicants for certification;

        (d)   Collect and deposit fees;

        (e)   Maintain records of operator qualifications and certification, and maintain a register of certified operators;

        (f)   Maintain records of the classification of water supply systems and wastewater treatment facilities; and

        (g)   Promote regular training schools, short courses and programs, approve correspondence courses, and recommend, where classroom instruction is required, minimum attendance standards to validate certificates.

        History:   L. 1975, ch. 510, § 2; July 1.

• 65-4503: Certification of certain persons without examination. (a) The secretary shall provide for certification without examination to any person or persons designated by a governing body or owner to have been in charge of the operation or supervising the operation of a water supply system or wastewater treatment facility on the effective date of this act. The certification so issued shall be valid only in regard to the water supply system or wastewater treatment facility as constructed and operated at the time of certification.

        (b)   The secretary shall provide for certification without examination of operators who, on the effective date of this act, hold certificates of competency attained by examination under the voluntary certification program administered by the department and the Kansas section of the American water works association or the Kansas water pollution control association.

        History:   L. 1975, ch. 510, § 3; July 1.

• 65-4504: Reciprocal certification agreements. The secretary shall provide reciprocal certification agreements with other states, territories and countries, providing the requirements of certification by such other states, territories and countries do not conflict with the provisions of this act and are of a standard that is not lower than the standard required by the secretary.

        History:   L. 1975, ch. 510, § 4; July 1.

• 65-4505: Classification of systems and facilities; criteria. The secretary shall classify all water supply systems and wastewater treatment facilities actually used or intended for use by the public, with due regard to the size, type, character and quantity of water or wastewater to be treated and other physical, chemical and biological conditions affecting such treatment facilities and supply systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of the facilities so as to protect the public health and to protect the water resources of the state.

        History:   L. 1975, ch. 510, § 5; July 1.

• 65-4506: Certification; correspondence course in lieu of classroom instruction; fee. The secretary shall certify persons of appropriate qualifications to supervise the operation of water supply systems and wastewater treatment facilities. In lieu of requiring classroom instruction for certification, the secretary shall accept the successful completion of a correspondence course of instruction offered by the secretary. The fee for such correspondence course shall be in an amount fixed by rules and regulations of the secretary which is sufficient to cover the cost of administering the correspondence course but which does not exceed $50.

        History:   L. 1975, ch. 510, § 6; L. 1984, ch. 222, § 3; July 1.

• 65-4507: Revocation of certificate; grounds. The secretary may revoke the certificate of an operator following a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, when it is found that the operator has practiced fraud or deception; that the operator did not use reasonable care, judgment or the application of the operator's knowledge or ability in the performance of the operator's duties; or that the operator is incompetent or unable to perform the operator's duties properly.

        History:   L. 1975, ch. 510, § 7; L. 1984, ch. 313, § 134; July 1, 1985.

• 65-4508: Denial, revocation or suspension of certificate; hearing. Before any certificate is denied, revoked or suspended, the secretary shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.

        History:   L. 1975, ch. 510, § 8; L. 1982, ch. 258, § 9; L. 1984, ch. 313, § 135; July 1, 1985.

• 65-4509: Judicial review of secretary's actions. Any action of the secretary pursuant to K.S.A. 65-4501 through 65-4517, and amendments thereto, is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

        History:   L. 1975, ch. 510, § 9; L. 1986, ch. 318, § 111; July 1.

• 65-4510: Certification of operators required by July 1, 1976. Within one year following the effective date of this act, all water supply systems and wastewater treatment facilities used or intended for use by or for the benefit of the public, whether publicly or privately owned, shall be under the supervision of an operator or operators certified by the secretary in a classification corresponding to the classification of the water supply system or wastewater treatment facility to be supervised by such operator or operators. No operator shall be required to be certified or to complete a training program or course of education for certification in a classification other than the classification corresponding to the classification of the water supply system or wastewater treatment facility to be supervised by such operator.

        History:   L. 1975, ch. 510, § 10; July 1.

• 65-4511: Certification of new employees required within one year. After the effective date of this act, all new employees who fall under the provisions of this act shall have a period of one (1) year from the date of employment to qualify for the certification program.

        History:   L. 1975, ch. 510, § 11; July 1.

• 65-4512: Rules and regulations of the secretary. The secretary shall make such rules and regulations as are necessary to carry out the provisions of this act. The rules and regulations shall include, but not be limited to, provisions establishing the basis for classification of water supply systems and wastewater treatment facilities, qualifications of applicants, procedures for examination of candidates, provisions for renewal of certificates, provisions for revocation of certificates, provisions prescribing the amount and collection of fees for the examination of applicants and the issuance of certificates and such other provisions as may be necessary for the administration of this act.

        History:   L. 1975, ch. 510, § 12; July 1.

• 65-4513: Fees. The secretary shall establish a reasonable schedule of fees but in no case shall an individual operator fee exceed twenty-five dollars ($25) in any one year.

        History:   L. 1975, ch. 510, § 13; July 1.

• 65-4514: Disposition of moneys; certification of operators of water supply systems and wastewater treatment facilities fee fund abolished. (a) The secretary shall remit all moneys received by or for the secretary from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

        (b)   On July 1, 1983, the director of accounts and reports shall transfer all moneys in the certification of operators of water supply systems and wastewater treatment facilities fee fund to the state general fund. All liabilities of the certification of operators of water supply systems and wastewater treatment facilities fee fund are hereby transferred to and imposed upon the state general fund. The certification of operators of water supply systems and wastewater treatment facilities fee fund is hereby abolished.

        History:   L. 1975, ch. 510, § 14; L. 1983, ch. 286, § 12; L. 2001, ch. 5, § 258; July 1.

• 65-4515: Necessary personnel and expenditures; assistance for owners of small systems and facilities. The secretary shall employ such persons and make such expenditures as are necessary to implement, operate and maintain the certification program. The secretary shall assist the owners of small water supply systems and wastewater treatment facilities in developing cooperative agreements to secure the supervision of such systems and facilities by certified operators.

        History:   L. 1975, ch. 510, § 15; July 1.

• 65-4516: Certification; unlawful acts. From and after July 1, 1976, it shall be unlawful for any person or municipality to operate a water supply system or wastewater treatment facility for use by or for the benefit of the public, unless such system or facility is under the supervision of an operator who has been duly certified or is in the process of obtaining certification under the provisions of this act. Furthermore, it shall be unlawful for any person to supervise the operation of a water supply system or wastewater treatment facility without being duly certified or in the process of obtaining certification under the provisions of this act and the rules and regulations adopted hereunder.

        History:   L. 1975, ch. 510, § 16; July 1.

• 65-4517: Penalties. Any person violating any provisions of this act or the rules and regulations adopted pursuant to this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than five hundred dollars ($500).

        History:   L. 1975, ch. 510, § 17; July 1.