An Act To Amend the Laws Governing Wastewater Treatment Plant Operator Certification
Maine Legislature, Session 130, LD 0771
Committee: Environment and Natural Resources
Sponsors: MARTIN
Amends: 5 MRSA §10051, 32 MRSA §4171, 32 MRSA §4172, 32 MRSA §4173, 32 MRSA §4173-A, 32 MRSA §4174, 32 MRSA §4175, 32 MRSA §4175-A, 32 MRSA §4175-B, 32 MRSA §4176, 32 MRSA §4177, 32 MRSA §4178, 32 MRSA §4179, 32 MRSA §4181, 32 MRSA §4182

Legislative Document
No. 771
H.P. 576
House of Representatives, March 5, 2021
An Act To Amend the Laws Governing Wastewater Treatment 
Plant Operator Certification
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MARTIN of Eagle Lake.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §10051, sub-§1, as amended by PL 2005, c. 65, Pt. C, §3, is further 
amended to read:
1.  Jurisdiction.  Except as provided in section 10004; Title 8, section 279-B; Title 10, 
section 8003; Title 20-A, sections 10712 and 10713; Title 29-A; and Title 32, chapters 2-B, 
62, 114 and 135; and Title 38, section 342, the District Court has exclusive jurisdiction 
upon complaint of any agency or, if the licensing agency fails or refuses to act within a 
reasonable time, upon complaint of the Attorney General to revoke or suspend licenses 
issued by the agency and has original jurisdiction upon complaint of an agency to determine 
whether renewal or reissuance of a license of that agency may be refused.
Sec. 2.  32 MRSA c. 62, headnote is amended to read:
CHAPTER 62
SEWAGE TREATMENT WASTEWATER TREATMENT PLANT OPERATORS
Sec. 3.  32 MRSA §4171, as amended by PL 2017, c. 137, Pt. A, §1, is further 
amended to read:
§4171.  Definitions
As used in this chapter, unless the context otherwise indicates, the following words 
shall have the following meanings.
1.  Board.  "Board" shall mean means the Board of Environmental Protection.
2.  Certificate.  "Certificate" shall mean means a certificate of competency issued by 
the board department stating that the an applicant has met the requirements for the specified 
operator classification.
2-A.  Commissioner.  "Commissioner" means the Commissioner of Environmental 
Protection.
2-B.  Department.  "Department" means the Department of Environmental Protection.
3.  Operator.  "Operator" shall mean the means a person who has direct responsibility 
for the operation of any wastewater treatment plant serving a public purpose.  The person 
who shall be certified shall be the person who has management responsibility over the 
plant.  Shift operators or other is certified by the department as being competent to 
supervise, manage or operate a wastewater treatment plant and to ensure that a wastewater 
treatment plant is operated in accordance with state law, rules and licenses.  Other 
employees under the supervision or management of the manager an operator in responsible 
charge may but need not be certified.
3-A.  Operator in responsible charge.  "Operator in responsible charge" means an 
operator certified by the department, with a certificate in good standing, at or above the 
classification for the wastewater treatment plant in which the operator is designated by the 
wastewater treatment plant owner to be the operator responsible for supervising, managing 
or operating the wastewater treatment plant and ensuring that the wastewater treatment 
plant is operated in accordance with state law, rules and licenses.
4.  Wastewater treatment plant.  "Wastewater treatment plant" shall mean means the 
facility or group of units provided for the treatment of wastewater, either or both sewage 
and industrial wastes, and for the reduction and handling of sewage removed from such 
wastes to meet the requirements of a state pollutant discharge elimination system permit or 
a waste discharge license under Title 38, section 413.
Sec. 4.  32 MRSA §4172, first ¶, as amended by PL 1989, c. 890, Pt. A, §4 and 
affected by §40, is further amended to read:
The commissioner department shall classify establish the classifications for all 
wastewater treatment plants actually used or intended for use by the public with due regard 
to the size, type, character of wastewater to be treated and other physical conditions 
affecting those treatment plants and shall specify whether each classification requires the 
employment of an operator and the qualifications the operator in responsible charge must 
have to successfully manage and supervise successfully the operation of those facilities so 
as to protect the public health or prevent nuisance conditions or unlawful pollution 
conditions.  A wastewater treatment plant required by its classification to employ an 
operator may employ more than one operator but must designate one operator as the 
operator in responsible charge for the facility.
Sec. 5.  32 MRSA §4173, as amended by PL 1989, c. 890, Pt. A, §4 and affected by 
§40, is further amended to read:
§4173.  Certification
The commissioner department shall certify persons as to their competency to 
successfully manage and supervise successfully the operation of wastewater treatment 
plants of each classification established pursuant to section 4172.  A All operators and 
operators in responsible charge must be certified, except that a certification is not required 
of for an operator or operator in responsible charge who is a registered licensed professional 
engineer in good standing.
Sec. 6.  32 MRSA §4173-A, as amended by PL 1987, c. 510, is further amended by 
amending the section headnote to read:
§4173-A.  Continuing education Educational program
Sec. 7.  32 MRSA §4173-A, sub-§1, as enacted by PL 1983, c. 832, §1, is amended 
to read:
1.  Training.  The Department of Environmental Protection department shall 
administer a continuing an educational program for people engaged in water pollution 
control activities.  This program shall must provide advanced training in the technical and 
legal aspects of water pollution control, and coordinate and distribute information about all 
water pollution control training programs available in the State.
Sec. 8.  32 MRSA §4173-A, sub-§3, as amended by PL 1987, c. 510, is further 
amended to read:
3.  Self supporting.  This program shall must be self-supporting from fees, grants or 
other sources of revenue.
Sec. 9.  32 MRSA §4174, as amended by PL 2019, c. 315, §1, is further amended to 
read:
§4174.  Examination; criteria; standards
The commissioner department shall hold provide for at least one examination each year 
for the purpose of examining candidates for certification pursuant to section 4173 at a time 
and place designated by the commissioner department.
The Department of Environmental Protection department shall establish the criteria 
and conditions for the classification of wastewater treatment plants or systems, using as a 
basis the standards established by the New England Water Pollution Control Association.
The Department of Environmental Protection department shall establish by rule the 
qualifications, conditions and licensing standards and procedures for the certification of 
individuals to act as operators or operators in responsible charge.
The Department of Environmental Protection may allow an operator to review with 
department staff an operator certification test that the operator has completed in order to 
identify subject areas for which questions were answered incorrectly and further study is 
advisable.
Sec. 10.  32 MRSA §4175, as amended by PL 1999, c. 547, Pt. B, §§69 and 78 and 
affected by §80, is further amended to read:
§4175.  Certificates
The commissioner department shall issue certificates attesting to the competency of 
individuals to act as operators or operators in responsible charge.  The certificate shall must 
indicate the classification level of the systems or wastewater treatment plants for the 
operation of which the individual is qualified to act as an operator or an operator in 
responsible charge.
Certificates shall continue in effect unless revoked by the District Court expire after a 
term established by the department.  The department shall establish the qualifications, 
conditions and licensing standards and procedures for renewal of certificates.
The District Court may revoke the certificate of an operator, in accordance with Title 
4, chapter 5, when it is found that the operator has practiced fraud or deception; that 
reasonable care, judgment or the application of the operator's knowledge or ability was not 
used in the performance of the operator's duties; or that the operator is incompetent or 
unable properly to perform the operator's duties.
Operators whose certificates are invalidated under this section may be issued new 
certificates of a like classification provided appropriate proof of competency is presented 
to the commissioner.
This chapter shall may not be construed to affect or prevent the practice of any other 
legally recognized profession.
Sec. 11.  32 MRSA §4175-A is enacted to read:
§4175-A.  Compliance and enforcement
Notwithstanding Title 5, section 10051, after written notice and opportunity for a 
hearing pursuant to Title 5, chapter 375, subchapter 4, the department may revoke or 
suspend the certificate of an operator or operator in responsible charge when it finds that 
the person has:
1.  Practiced fraud or deception.  Practiced fraud or deception;
2.  Failed to use reasonable care or judgment or properly apply knowledge.  Failed 
to use reasonable care or judgment or to apply the requisite knowledge, ability or ethical 
standards in the performance of the person's required duties;
3.  Failed to operate in compliance.  Failed to manage or supervise a wastewater 
treatment plant in a manner that ensures that the wastewater treatment plant is operated in 
compliance with state law, rules and licenses;
4.  Violated law, rules, licenses or standards.  Violated state law, rules or licenses or 
ethical standards as set forth in department rules;
5.  Lost or did not possess competency.  Lost the competency required for 
certification or did not possess the competency required at the time of certification; or
6.  Unable to properly perform.  Demonstrated that the person is unable to properly 
perform the person's required duties.
An operator or operator in responsible charge whose certificate is revoked under this 
section may apply for reinstatement of a certification of a like classification if appropriate 
proof of competency is presented to the department.  The department may establish a more 
stringent proof of competency and procedures for the reinstatement of certification for an 
operator or operator in responsible charge whose certificate has been revoked.
Sec. 12.  32 MRSA §4175-B is enacted to read:
§4175-B.  Department contracting
The department may contract for or otherwise employ or retain services to fulfill the 
department's duties under this chapter, including for the administration of an educational 
program pursuant to section 4173-A, the provision of examinations pursuant to section 
4174 and the issuance of certificates pursuant to section 4175.
Sec. 13.  32 MRSA §4176, first ¶, as amended by PL 1989, c. 890, Pt. A, §6 and 
affected by §40, is further amended to read:
The commissioner department, upon application therefor, may issue a certificate, 
without examination, in a comparable classification, to any person who holds a certificate 
in any state, territory or possession of the United States or any country, providing if the 
requirements for certification of operators under which the person's certificate was issued 
do not conflict with this chapter and are of a standard not lower than that specified by rules 
adopted under this chapter.  The issuance of a certificate without examination does not 
exempt a person from any other requirement of an operator or an operator in responsible 
charge aside from the examination requirement.  A person so certified is subject to 
disciplinary action under section 4175-A.
Sec. 14.  32 MRSA §4177, as amended by PL 1973, c. 625, §223, is repealed.
Sec. 15.  32 MRSA §4178, first ¶, as enacted by PL 1969, c. 237, is amended to 
read:
This chapter shall apply only to conventional wastewater treatment plants which are 
separate and apart from other facilities applies to all operators and operators in responsible 
charge and any wastewater treatment plant that is used to meet the requirements of a state 
pollutant discharge elimination system permit or waste discharge license under Title 38, 
section 413.
Sec. 16.  32 MRSA §4179, first ¶, as amended by PL 2019, c. 315, §2, is further 
amended to read:
The Department of Environmental Protection department shall adopt rules to 
administer this chapter that include, but are not limited to, provisions establishing the basis 
for classification of wastewater treatment plants in accordance with section 4172 and 
provisions establishing requirements for examinations, qualifications and ethical standards 
required of candidates to obtain certification and procedures for examination of candidates.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 17.  32 MRSA §4181, first ¶, as amended by PL 1989, c. 890, Pt. A, §8 and 
affected by §40, is further amended to read:
It is unlawful for any person, firm or corporation, both either municipal and or private, 
to operate a wastewater treatment plant unless the competency of the operator or operator 
in responsible charge is certified to by the commissioner department under this chapter.  It 
is unlawful for any person to perform the duties of an operator, as defined, or operator in 
responsible charge without being duly certified under this chapter.  The commissioner 
department may further grant a waiver for a period not exceeding one year for the operation 
of a wastewater treatment plant serving not more than 500 services in the event the 
wastewater treatment plant can demonstrate, to the department's satisfaction, that the 
certification requirements cannot be met.
Sec. 18.  32 MRSA §4182, first ¶, as enacted by PL 1969, c. 237, is amended to 
read:
Any person, firm or corporation, both either municipal and or private, violating any 
provision of this chapter or the rules and regulations adopted thereunder pursuant to this 
chapter is guilty of a misdemeanor and may also be subject to civil enforcement actions 
under Title 38, section 347-A and civil monetary penalties as established under Title 38, 
section 349.  Each day of operation in violation of this chapter or any rules and regulations 
adopted thereunder shall constitute pursuant to this chapter constitutes a separate offense.
SUMMARY
This bill modifies the laws governing the wastewater treatment plant operator 
certification program administered by the Department of Environmental Protection.  It 
changes the procedure for revocation of a wastewater treatment plant operator certification, 
provides authority for suspension of a wastewater treatment plant operator certification, 
clarifies how the department may administer the program, updates outdated terminology 
and eliminates outdated provisions.  It also clarifies the department's existing authority with 
respect to licenses and its authority with respect to wastewater treatment plant operator 
certificates.