An Act to Clarify the Laws Relating to Public Water Systems
Maine Legislature, Session 121, LD 0133
Committee: Health and Human Services
Sponsors: MAYO, CLARK, BROMLEY, HALL, KNEELAND, YOUNGBLOOD, RICHARDSON, SULLIVAN
Amends: 5 MRSA §12004-A, 22 MRSA §2621, 22 MRSA §2622, 22 MRSA §2624-A, 22 MRSA §2625, 22 MRSA §2625-A, 22 MRSA §2626, 22 MRSA §2628, 22 MRSA §2629, 22 MRSA §2630

12lst MAINE LEGISLATURE 
Legislative Document 
No. 133 
S.P.56 
In Senate, January 21, 2003 
An Act to Clarify the Laws Relating to Public Water Systems 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative CLARK of Millinocket and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, HALL of Lincoln, KNEELAND of Aroostook, 
YOUNGBLOOD of Penobscot, Representatives: RICHARDSON of Brunswick, SULLIVAN 
of Biddeford. 
Printed on feey!.: led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-A, sub-§46, as enacted by PL 1995, c. 
442, §l, is amended to read: 
46. 
Board of 
Expenses Only 
MRSA @2624-A 
Licensure of Water 
~Fea~men~-P*aB~ System Operators 
Sec. 2. 22 MRSA §2621, sub-§I-A, as enacted by PL 1999, c. 
688, §2, is amended to read: 
I-A. 
Board. 
"Board" means the Board of Licensure of Water 
~Fea~meB~-P*aB~ System Operators. 
Sec. 3. 22 MRSA §2621, sub-§2, as amended by PL 1985, c. 748, 
§25, is further amended to read: 
2. 
License. 
"License" 
means 
a 
license 
issued 
by 
the 
eemmissieneFs 
board stating that 
the 
applicant has 
met 
the 
requirements for the specified operator classification. 
Sec. 4. 22 MRSA §2622, first 1J, as amended by PL 2001, c. 47l, 
Pt. D, §20, is further amended to read: 
The board, with the advice of the department, shall classify 
all 
community 
public 
water 
systems, 
all 
nontransient, 
noncommunity 
public 
water 
systems, 
all public 
water 
systems 
utilizing 
surface 
water 
and 
the 
water 
treatment 
plants 
or 
collection, treatment or storage facilities or structures that 
are part of a system with due regard to the size and type of 
facilities, the character of water to be treated and any other 
physical conditions affecting such system or part thereof and 
specify the qualifications the operator of the system or of a 
part 
of 
a 
system 
must 
have 
to 
supervise 
successfully 
the 
operation of the system or parts thereof so as to protect the 
public health or prevent nuisance conditions. 
Sec. 5. 22 MRSA §2624-A, as amended by PL 2001, c. 471, Pt. 
D, §2l, is further amended to read: 
§2624-A. Board of Licensure of Water System Operators 
The 
Board of Licensure of 
Operators, 
referred to 
in this 
established within the department 
379. 
Water 
~Fea~men~--PlaB~ System 
section 
as 
the 
"board," 
is 
pursuant to Title 5, chapter 
of 
1. 
Membership; qeneral qualifications. 
members appointed by the Governor as 
The board consists 
follows: 
water 
Page l-LR0047(1) 
sys~eRl-~--wat;eF--t.-t"-e&t.~-~;!,aa~ treatment or water distribution 
system operators, one holding a Class II license, one holding a 
Class III license and one holding a Class IV license; one member 
of the public who is a 
registered professional engineer; one 
person who 
is an educator in the field of water supply or 
service; one person who is a water management representative; one 
person who represents 
eeasW'ReFs-t).f--pub-l-i~-wa:t;e..F--6ys~eRls a "yery 
small water system," as that term is defined in rules of the 
~; one person who is an owner or manager of a nontransient, 
noncommunity 
public 
water 
system; 
and 
one 
person 
from 
the 
department, 
as 
the 
commissioner 
may 
recommend, 
subject 
to 
appointment by the Governor. 
2. 
Terms. 
gHee~~-a6-~~~-~~~~-~~&&&Gt;i&&r-eaea ~ 
member of the board is appointed for a 3-year term. 
~ae-4Ri~ia~ 
a~pe~at;ee--w~-~-~-wa~e£--syst;eRl-~F--~--~~ea~meR~--e~eFa~eF 
ae~a~a~-~-Glass-~~--1i&e&~-a~4-~~-iRi~ia~-~int~-wae-~-a 
Fe~is~eFea-~t).fe66i~a~-~~-~~~yeG-ey-a-~--~~~1~~y-aFe 
a~~eia~ea-~~--eRe-yea£-~~r~~--~he--~&~~~l-~~~-w~--i~-a 
wat;eF-~~-~--wa~eF-~F-eat~-~~~--Re;!,aia~-~-~~~-III 
;!'ieease-aBe-~he-i~i~ia~-~~~~-i~~~~F--~&-t;ae-~ie±a 
e~-wa-t.-e-r-~1-y-eF-6-e-r...,.i-€-e-~r~-a~~eia~ea-.f~ J yeaF--t;eFRls.-
The 
appointee 
from 
the department serves at the pleasure of the 
Governor. 
The commissioner may recommend to the Governor at any 
time 
that 
the 
appointee 
from 
the 
department 
be 
replaced. 
Vacancies must be filled by appointment of the Governor for all 
unexpired terms. 
3. 
Chair; secretary. 
Members of the board shall elect from 
among the members a chair at the first meeting of each year. 
Members shall also elect from among the members a secretary who 
is 
responsible 
for 
maintaining 
records 
and 
providing 
administrative support. 
4. 
Call of meetings. 
Meetings of the board may be called 
by the chair, or by the chair at the request of any other 2 
members, as necessary to carry out this chapter. 
5. 
Conduct of meetings. 
A majority of the members of the 
board constitutes a 
quorum for the purpose of conducting the 
business of the board and exercising all the powers of the 
board. 
A vote of the majority of members present is sufficient 
for all actions of the board. 
6. 
Powers and duties. 
are as follows. 
The powers and duties of the board 
A. 
The board shall license persons to serve as operators of 
all or part of any public water system. 
B. 
The board shall design and hold at least one examination 
each year at a time and place designated for the purpose of 
examining candidates for licensure. 
C. 
The board may enter into contracts to carry out its 
responsibilities under this section. 
7. 
Fund. 
The Board of Licensure of Water ',l;F-ea1=me-a1=-P,laBE 
System Operators Fund is established and is governed by the 
following provisions. 
A. 
All 
money 
collected by 
the 
board 
in 
the 
form 
of 
application fees, 
reinstatement and renewal fees, 
expense 
reimbursements ordered by the board or payment for services 
such as reproduction and distribution of copies of board 
decisions and photocopying or for the use of facilities must 
be deposited with the Treasurer of State in a 
separate 
account to be 
known as the Board of Licensure of Water 
',l;F-eatmeBt-P±aBt System Operators Fund. 
B. 
The board may use the fund to defray the reasonable 
costs incurred by the board in carrying out its duties. 
C. 
Except as specified in this paragraph, any amount within 
the fund that is not expended at the end of a fiscal year 
does not lapse, but is carried forward to be expended by the 
board 
in carrying out its duties 
in 
succeeding fiscal 
years. 
Upon certification of the board that certain amounts 
in the fund are not required by the board, the Treasurer of 
State shall transfer the amounts to the General Fund. 
8. 
Records. 
The board shall keep all records and minutes 
necessary to the ordinary dispatch of its functions. 
The board 
shall keep 
a 
register of all applicants for licensure and 
a 
register of all licensees. 
9. 
Reports. 
No later than August 1st of each year, 
board 
shall 
submit 
to 
the 
commissioner 
a 
report 
of 
transactions in the preceding fiscal year ending June 30th 
shall transmit to the commissioner a complete statement of 
the 
receipts 
and 
expenditures 
of 
the 
board, 
attested 
affidavits of the board's chair and secretary. 
the 
its 
and 
all 
by 
10. 
Staff. 
The commissioner, to the extent possible and 
reasonable, 
shall 
make 
available 
to 
the 
board 
such 
staff, 
facilities, equipment, supplies, information and other assistance 
as the board may reasonably require to carry out its activities. 
The commissioner may also appoint, subject to the Civil Service 
Law, 
the employees necessary to carry out this section. 
Any 
person so employed must be located in the department and under 
the administrative and supervisory direction of the commissioner. 
11. 
Compensation of members. 
Members of the board are 
entitled to reimbursement for expenses only pursuant to Title 5, 
section 12004-A, subsection 46. 
Sec. 6. 22 MRSA §2625, first~, as amended by PL 1995, c. 442, 
§3, is further amended to read: 
The 
Board of 
Licensure of Water 
~~ea~mea~--P*aa~ System 
Operators shall issue biennial licenses to individuals to act as 
operators. 
The license must indicate the classification level of 
the systems or parts of systems for the operation of which the 
individual is qualified to act as an operator. 
Sec. 7. 22 MRSA §2625-A, as amended by PL 1995, c. 442, § 6, 
is further amended to read: 
§2625-A. Renewals 
All licenses sha** expire on December 31st of each biennial 
period and may be renewed thereafter for 2-year periods without 
further examination, upon the payment of the proper renewal fee 
as set forth in the rules. 
Aay A person who fails to renew his 
that person's license wi thin 
~he---6--rRGn-t-h--¥-a£-e--peFiea 2 years 
following the expiration date shall 
ae--Fe~~i~ea--~e take 
an 
examination. 
The 
Board of Licensure of 
Water 
~~ea~mea~--P*aa~ System 
Operators shall notify a person registered under this subchapter 
of the date of expiration of that person's license and the fee 
required for its renewal for a 2-year period. 
The notice must be 
mailed to the person's last-known address at least 30 days in 
advance of the expiration date of that person's license. 
Sec. 8. 22 MRSA §2626, first~, as amended by PL 1995, c. 442, 
§7, is further amended to read: 
The 
Board of Licensure 
of 
Water 
~~ea~mea~--P*aa~ System 
Operators, upon application for licensure, may issue a license 
without 
examination, 
in 
a 
comparable 
classification, 
to 
any 
person who holds a license in any state, territory or possession 
of the United States or any country, providing the requirements 
for licensure of operators under which the person's license was 
issued does not conflict with this chapter and, in the opinion of 
the board, are of a standard not lower than that specified by 
~e~~*a~ieas rules adopted under this chapter. 
Sec. 9 22 MRSA §2628, first" as amended by PL 1995, c. 442, 
§7, is further amended to read: 
The 
Board of Licensure of 
Water 
~~ea~ffieB~--PlaB~ System 
Operators, in accordance with any other appropriate state laws, 
shall make such rules as are reasonably necessary to carry out 
the intent of this subchapter. The rules must include, but are 
not 
limited 
to, 
prov~s~ons 
establishing 
requirements 
for 
licensure and procedures for examination of candidates and such 
other provisions as are necessary for the administration of this 
subchapter. 
Sec. 10. 22 MRSA §2629, as amended by PL 1995, c. 442, §7, is 
further amended to read: 
§2629. Fees 
The 
a!,!,liea~ieB examination fees, licensure fees, biennial 
renewal fees and reinstatement fees must be established by the 
Board of Licensure of Water 
~~ea1;ffie:a1;-P,laB~ System Operators by 
rule 
aBEI.--mus-t--ae--ha&ed--b\!,eB-.(l.i-f-f~-ent.--elass:i:E:i:ea~:i:eB6--o-t--wa~e~ 
~~ea1;ffieB1;-6y6~effi6-~£4-~~~~~-o-t-~~-~-9!,eFa1;e-ya~:i:eb\s 
wateE--&y&1;effis. 
The 
a!'!'l:i:ea£ie£--Eee examination and licensure 
~ 
may not exceed $~9 ilQ, and the biennial renewal fee and the 
reinstatement fee may not exceed $6G~. Revenues derived from 
applicants failing the examination must be retained. 
Sec. 11. 22 MRSA §2630, as amended by PL 1999, c. 688, §7, is 
further amended to read: 
§2630. Licensure 
If 
a 
sQ!,!,lie~--eE--wa1;e~ public 
water 
system 
loses its 
licensed 
operator, it shall secure a new licensed operator or 
enter into a contractual agreement with a licensed operator of 
proper classification until a new operator has been employed for 
~he-sQ!,pl:i:e~-e~-wa1;e~ that ~ublic water system. 
Sec. 12. Transition provision. 
1. 
The Board of Licensure of Water System Operators is the 
successor in every way to the power, duties and functions of the 
former Board of Licensure of Water Treatment Plant Operators. 
2. 
All 
existing 
rules, 
regulations 
and 
procedures 
in 
effect, 
in operation or 
promulgated in or 
by 
the 
Board of 
Licensure of Water 
Treatment Plant Operators 
or 
any of its 
administrative units or officers are hereby declared in effect 
and continue in effect until rescinded, revised or amended by the 
proper authority. 
3. 
All 
existing 
contracts, 
currently in effect in the Board of 
Plant Operators continue in effect. 
agreements 
and 
compacts 
Licensure of Water Treatment 
4. 
Any positions authorized and allocated subject to the 
personnel 
laws 
to 
the 
former 
Board 
of 
Licensure 
of 
Water 
Treatment 
Plant 
Operators 
are 
transferred 
to 
the 
Board 
of 
Licensure of Water 
System Operators 
and may 
continue to be 
authorized. 
5. 
All records, property and equipment previously belonging 
to or allocated for the use of the former Board of Licensure of 
Water Treatment Plant Operators become, on the effective date of 
this Act, part of the property of the Board of Licensure of Water 
System Operators. 
6. 
All existing forms, 
licenses, letterheads and similar 
items bearing the name of or referring to the Board of Licensure 
of Water Treatment Plant Operators may be utilized by the Board 
of Licensure of Water System Operators until existing supplies of 
those items are exhausted. 
7. 
That person appointed to the Board of Licensure of Water 
System Operators who represents a very small water system shall 
serve 
the 
balance 
of 
the 
term 
of 
the 
former 
member 
who 
represented consumers of public water systems. 
Thereafter, the 
term of the representative of 
a 
very small water system is 
subject to the Maine Revised Statutes, Title 22, section 2624-A, 
subsection 2. 
SUMMARY 
This bill renames the Board of Licensure of Water Treatment 
Plant Operators 
as 
the 
Board 
of 
Licensure 
of 
Water 
System 
Operators and changes the membership of the board to require a 
representative of a "very small water system," as that term is 
defined in rules of the board. 
The bill also makes other changes 
to clarify that the board has licensing and regulatory powers 
over 
water 
distribution 
system 
operators 
as 
well 
as 
water 
treatment system operators.