REPORT TITLE:
Safe drinking water

DESCRIPTION:
Establishes separate certification requirements for water
treatment plant operators and distribution system operators.
(SB2870 HD2)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2870
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SAFE DRINKING WATER.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 340F, Hawaii Revised Statutes, is
 
 2 amended by amending the title to read as follows:
 
 3                        "[[]CHAPTER 340F[]]
 
 4             HAWAII LAW FOR MANDATORY CERTIFICATION OF
 
 5          [OPERATING PERSONNEL IN WATER TREATMENT PLANTS]
 
 6                  PUBLIC WATER SYSTEM OPERATORS"
 
 7      SECTION 2.  Section 340F-1, Hawaii Revised Statutes, is
 
 8 amended as follows:
 
 9      1.  By adding a new definition to be appropriately inserted
 
10 and to read as follows:
 
11      ""Public water system" has the same meaning as in section
 
12 340E-1."
 
13      2.  By amending the definition of "operator" to read:
 
14      ""Operator" means any individual who operates a [water
 
15 treatment plant,] public water system or a major segment of a
 
16 public water system such as a water treatment plant[.] or
 
17 distribution system."
 
18      3.  By amending the definition of "supervisor" to read:
 

 
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 1      ""Supervisor" means, where shift operation is not required,
 
 2 any individual who has direct responsibility for the operation of
 
 3 a [water treatment plant] public water system or who supervises
 
 4 operators of such a [plant.] system.  Where shift operation is
 
 5 required, "supervisor" means any individual who has direct
 
 6 responsibility for active daily [on-site] onsite technical and
 
 7 administrative supervision, and active daily [on-site] onsite
 
 8 charge of an operating shift, or a major segment of a [water
 
 9 treatment plant.] public water system."
 
10      4.  By repealing the definition of "water treatment plant":
 
11      [""Water treatment plant" means the various facilities used
 
12 in the treatment of water, including source, treatment, storage,
 
13 and distribution, serving a public water system."]
 
14      SECTION 3.  Section 340F-2, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]340F-2[]]  Classification.  The board shall classify
 
17 all public water systems, water treatment plants[.], and
 
18 distribution systems, and shall define the terms "water treatment
 
19 plant" and "distribution system".  The [classification]
 
20 classifications shall take due regard to size, complexity, and
 
21 type of the water treatment facility[,] or distribution system,
 
22 character of water to be treated[,] or distributed, and other
 
23 physical conditions affecting such water treatment plants[,] and
 

 
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 1 distribution systems, and the skill, knowledge, and experience
 
 2 required of an operator."
 
 3      SECTION 4.  Section 340F-3, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  Upon board approval the director shall issue
 
 6 certificates entitling qualified individuals to operate water
 
 7 treatment plants[.] or distribution systems, or both.  Each
 
 8 certificate shall indicate the class of water treatment plant or
 
 9 distribution system for which the individual is qualified."
 
10      SECTION 5.  Section 340F-4, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  A state board of certification of five members shall
 
13 be appointed by the governor to carry out this chapter.  The
 
14 board shall be placed, for administrative purposes, in the
 
15 department of health.  The board shall consist of the following:
 
16      (1)  Four individuals who shall be duly qualified in the
 
17           fields of sanitary engineering or [drinking water
 
18           treatment plant] public water system operation[.]; and
 
19      (2)  One individual from the state agency responsible for
 
20           the State's safe drinking water program."
 
21      SECTION 6.  Section 340F-6, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "[[]340F-6[]]  Certification requirement.  All classified
 
 2 water treatment plants whether publicly or privately owned, used,
 
 3 or intended for use by the public or private persons, shall at
 
 4 all times be under the direct supervision of an individual whose
 
 5 competency is certified to by the director in a classification
 
 6 corresponding to the classification of the water treatment plant
 
 7 to be supervised.  All classified distribution systems, whether
 
 8 publicly or privately owned, used, or intended for use by the
 
 9 public or private persons, shall at all times be under the
 
10 supervision of an individual whose competency is certified to by
 
11 the director in a classification corresponding to the
 
12 classification of the distribution system to be supervised."
 
13      SECTION 7.  Section 340F-7, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]340F-7[]  Regulations.] Rules.  The board shall adopt
 
16 [such] rules [and regulations] as may be necessary for the
 
17 administration of this chapter, [and] which shall include at
 
18 least the following provisions:
 
19      (1)  The basis for classification of water treatment plants
 
20           and distribution systems as required by section 340F-2;
 
21      (2)  Criteria for the qualification of applicants for
 
22           operator certification corresponding to each of the
 
23           classifications referred to in paragraph (1);
 

 
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 1      (3)  Procedures for examination of candidates and renewal of
 
 2           certificates; and
 
 3      (4)  Procedures for the revocation of certificates."
 
 4      SECTION 8.  Section 340F-8, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]340F-8[]]  Prohibited acts.  It shall be unlawful:
 
 7      (1)  For any [water treatment plant] public water system, or
 
 8           major segment of a public water system such as a water
 
 9           treatment plant or distribution system, to be operated
 
10           unless the operator is duly certified under this
 
11           chapter; and
 
12      (2)  For any individual to perform the duties of an operator
 
13           without being duly certified under this chapter."
 
14      SECTION 9.  No person shall be held in violation of the
 
15 requirements of section 340F-6, Hawaii Revised Statutes, that
 
16 distribution systems be supervised by a certified operator, and
 
17 section 340F-8, Hawaii Revised Statutes, that distribution
 
18 systems which are part of a public water system be operated by a
 
19 certified operator, until the date specified in rules adopted
 
20 under section 340F-7, Hawaii Revised Statutes, to classify
 
21 distributions systems and provide for certification of their
 
22 operators.
 

 
 
 
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 1      SECTION 10.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 11.  This Act shall take effect upon its approval.