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37-42-302. Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception.


     37-42-302. Unlawful to operate plant or system without certified operator -- department to issue temporary certificates -- exception. (1) Except as provided in subsection (3), it is unlawful for a person, firm, or corporation, both municipal and private, operating a wastewater treatment plant, water treatment plant, or water distribution system to operate the plant or system unless the competency of the operator is certified to by the department under this chapter.
     (2) Except as provided in subsection (3), it is unlawful for a person to perform the duties of an operator without being certified under this chapter.
     (3) The prohibitions in subsections (1) and (2) do not pertain to a water distribution system that:
     (a) does not contain a treatment facility;
     (b) obtains all of its water from a public water supply system but is not owned or operated by the owner or operator of that public water supply system; and
     (c) does not sell water.
     (4) For good cause shown, the department may issue temporary certificates that are valid for up to 1 year.

     History: En. Sec. 11, Ch. 239, L. 1967; amd. Sec. 92, Ch. 349, L. 1974; R.C.M. 1947, 69-5911; amd. Sec. 9, Ch. 243, L. 1983; amd. Sec. 2, Ch. 195, L. 1999.

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