reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 1. General › 37-40-101. Definitions

37-40-101. Definitions.
Unless the context requires otherwise, as used in this chapter, the following definitions apply:
(1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(2) "Practice the profession of sanitarian" means:
(a) giving advice on or enforcing compliance with state and local regulations applicable to local government jurisdictions and programs concerning food service, food processing, public accommodations, trailer courts, campgrounds, day-care centers, schools, swimming pools and spas, air pollution, solid and hazardous waste collection and disposal, sewage treatment and disposal, vector control, underground storage tanks, drinking water, land subdivision, and milk sanitation;
(b) cooperating with government agencies on matters of public and environmental health, including epidemiological investigations and emergency response to investigations; and
(c) providing educational and training programs in environmental standards and public health.
(3) "Registered sanitarian" means a sanitarian licensed under this chapter.
History: En. 69-3410 by Sec. 1, Ch. 314, L. 1974; R.C.M. 1947, 69-3410(1) thru (5); amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 545, L. 1991; amd. Sec. 141, Ch. 483, L. 2001; amd. Sec. 2, Ch. 484, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 1. General › 37-40-102. Exemptions

37-40-102. Exemptions.
Persons exempt from the requirements of this chapter are:
(1) any person teaching, lecturing, or engaging in research in environmental sanitation, but only insofar as the activities are performed as part of an academic position in a college or university;
(2) any person who is a registered professional engineer or engineer intern;
(3) any public health officer employed pursuant to 50-2-116;
(4) any person employed by a federal governmental agency, but only at times that the person is carrying out the functions of the employment;
(5) a state employee unless expressly required by statute, regulation, or position description to be registered as a sanitarian; or
(6) any person not employed by a governmental entity or not under contract with a governmental entity for the performance of an official regulatory function.
History: En. 69-3410 by Sec. 1, Ch. 314, L. 1974; R.C.M. 1947, 69-3410(6); amd. Sec. 2, Ch. 545, L. 1991; amd. Sec. 14, Ch. 108, L. 1995; amd. Sec. 1397, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 2. Board of Sanitarians › 37-40-201. Repealed

37-40-201. Repealed.
Sec. 6, Ch. 484, L. 2023.
History: En. 69-3414 by Sec. 5, Ch. 314, L. 1974; amd. Sec. 16, Ch. 453, L. 1977; R.C.M. 1947, 69-3414(2); amd. Sec. 3, Ch. 545, L. 1991; amd. Sec. 20, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 2. Board of Sanitarians › 37-40-202. Repealed

37-40-202. Repealed.
Sec. 6, Ch. 484, L. 2023.
History: En. 69-3414 by Sec. 5, Ch. 314, L. 1974; amd. Sec. 16, Ch. 453, L. 1977; R.C.M. 1947, 69-3414(1); amd. Sec. 27, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 2. Board of Sanitarians › 37-40-203. Rulemaking power

37-40-203. Rulemaking power.
(1) The department may adopt rules, consistent with the purposes of this chapter, as it considers necessary.
(2) The department shall adopt rules:
(a) governing educational equivalency requirements, as provided in 37-40-302, for registration of sanitarians; and
(b) defining qualifications for sanitarian-in-training status for issuance of the initial permit.
History: En. 69-3418 by Sec. 9, Ch. 314, L. 1974; R.C.M. 1947, 69-3418(1), (3); amd. Sec. 4, Ch. 545, L. 1991; amd. Sec. 98, Ch. 429, L. 1995; amd. Sec. 40, Ch. 492, L. 1997; amd. Sec. 3, Ch. 484, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-301. License required

37-40-301. License required.
A person may not practice or offer to practice the profession of sanitarian as defined in this chapter or hold out to the public in any manner that the person is a licensed sanitarian unless the person is licensed and registered under the provisions of this chapter.
History: En. 69-3411 by Sec. 2, Ch. 314, L. 1974; R.C.M. 1947, 69-3411; amd. Sec. 5, Ch. 545, L. 1991; amd. Sec. 1398, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-302. Application -- examination -- certificate

37-40-302. Application -- examination -- certificate.
(1) A person wishing to practice the profession of sanitarian may apply to the department on a form furnished by the department.
(2) An applicant must have a minimum of a bachelor's degree in environmental health or its equivalent from an accredited university or college.
(3) If the applicant meets the department's standards and passes the examination prescribed by the department, the department shall issue a certificate of registration.
(4) A holder of a current certificate is entitled to append to the holder's name the initials "R.S.".
History: En. 69-3415 by Sec. 6, Ch. 314, L. 1974; R.C.M. 1947, 69-3415; amd. Sec. 4, Ch. 149, L. 1981; amd. Sec. 6, Ch. 545, L. 1991; amd. Sec. 1, Ch. 16, L. 1993; amd. Sec. 1, Ch. 196, L. 2003; amd. Sec. 94, Ch. 467, L. 2005; amd. Sec. 4, Ch. 484, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-303. Repealed

37-40-303. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 69-3419 by Sec. 10, Ch. 314, L. 1974; R.C.M. 1947, 69-3419; amd. Sec. 5, Ch. 149, L. 1981; amd. Sec. 63, Ch. 345, L. 1981; amd. Sec. 7, Ch. 545, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-304. Repealed

37-40-304. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. 69-3416 by Sec. 7, Ch. 314, L. 1974; amd. Sec. 12, Ch. 533, L. 1977; R.C.M. 1947, 69-3416; amd. Sec. 6, Ch. 149, L. 1981; amd. Sec. 64, Ch. 345, L. 1981; amd. Sec. 8, Ch. 545, L. 1991; amd. Sec. 99, Ch. 429, L. 1995; amd. Sec. 41, Ch. 492, L. 1997; amd. Sec. 42, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-305. Repealed

37-40-305. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. 69-3417 by Sec. 8, Ch. 314, L. 1974; R.C.M. 1947, 69-3417; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 9, Ch. 545, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-306. Repealed

37-40-306. Repealed.
Sec. 12, Ch. 545, L. 1991.
History: En. 69-3421 by Sec. 12, Ch. 314, L. 1974; R.C.M. 1947, 69-3421.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-307. Repealed

37-40-307. Repealed.
Sec. 12, Ch. 545, L. 1991.
History: En. 69-3422 by Sec. 13, Ch. 314, L. 1974; R.C.M. 1947, 69-3422; amd. Sec. 17, Ch. 22, L. 1979; amd. Sec. 7, Ch. 149, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-311. Repealed

37-40-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 69-3418 by Sec. 9, Ch. 314, L. 1974; R.C.M. 1947, 69-3418(2); amd. Sec. 8, Ch. 149, L. 1981; amd. Sec. 10, Ch. 545, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 40. Sanitarians › Part 3. Licensing › 37-40-312. Repealed

37-40-312. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. 69-3420 by Sec. 11, Ch. 314, L. 1974; R.C.M. 1947, 69-3420; amd. Sec. 11, Ch. 545, L. 1991; amd. Sec. 1399, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 1. General (Repealed) › 37-41-101. Repealed

37-41-101. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 193, Ch. 197, L. 1967; amd. Sec. 1, Ch. 76, L. 1971; amd. Secs. 105, 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5401(part); amd. Sec. 2, Ch. 556, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 1. General (Repealed) › 37-41-102. Repealed

37-41-102. Repealed.
Sec. 12, Ch. 556, L. 1983.
History: En. Sec. 199, Ch. 197, L. 1967; amd. Sec. 6, Ch. 76, L. 1971; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5407; amd. Sec. 18, Ch. 22, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 1. General (Repealed) › 37-41-103. Repealed

37-41-103. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 198, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5406; amd. Sec. 3, Ch. 556, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 1. General (Repealed) › 37-41-104. Repealed

37-41-104. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 1, Ch. 556, L. 1983; amd. Sec. 70, Ch. 418, L. 1995; amd. Secs. 100, 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 1. General (Repealed) › 37-41-105. Repealed

37-41-105. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 8, Ch. 556, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-201. Repealed

37-41-201. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 194, Ch. 197, L. 1967; amd. Sec. 2, Ch. 76, L. 1971; amd. Secs. 107, 109, Ch. 349, L. 1974; R.C.M. 1947, 69-5402; amd. Sec. 4, Ch. 556, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-202. Repealed

37-41-202. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 195, Ch. 197, L. 1967; amd. Sec. 3, Ch. 76, L. 1971; amd. Sec. 109, Ch. 349, L. 1974; R.C.M. 1947, 69-5403; amd. Sec. 5, Ch. 556, L. 1983; amd. Sec. 1, Ch. 392, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-203. Repealed

37-41-203. Repealed.
Sec. 12, Ch. 556, L. 1983.
History: En. Sec. 196, Ch. 197, L. 1967; amd. Sec. 4, Ch. 76, L. 1971; R.C.M. 1947, 69-5404.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-204. Repealed

37-41-204. Repealed.
Sec. 12, Ch. 556, L. 1983.
History: En. Sec. 197, Ch. 197, L. 1967; amd. Sec. 5, Ch. 76, L. 1971; R.C.M. 1947, 69-5405.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-205. Repealed

37-41-205. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 2, Ch. 392, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-211. Repealed

37-41-211. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 193, Ch. 197, L. 1967; amd. Sec. 1, Ch. 76, L. 1971; amd. Secs. 105, 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5401(part); amd. Sec. 6, Ch. 556, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 41. Cesspool, Septic Tank, and Privy Cleaners (Repealed) › Part 2. Licensing (Repealed) › 37-41-212. Repealed

37-41-212. Repealed.
Sec. 12, Ch. 378, L. 1999.
History: En. Sec. 200, Ch. 197, L. 1967; amd. Sec. 7, Ch. 76, L. 1971; R.C.M. 1947, 69-5408; amd. Sec. 7, Ch. 556, L. 1983; amd. Sec. 27, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 1. General › 37-42-101. Purpose

37-42-101. Purpose.
It is declared that the health and welfare of Montana citizens are jeopardized by persons not properly qualified to operate the water supply systems and that Montana's state waters are endangered by persons not properly qualified to operate the wastewater treatment plants. It is declared that the public policy of this state is to protect the public health and safety by certifying persons working in these occupations.
History: En. Sec. 1, Ch. 239, L. 1967; R.C.M. 1947, 69-5901; amd. Sec. 1, Ch. 488, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 1. General › 37-42-102. Definitions

37-42-102. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Board" means the board of environmental review provided for in 2-15-3502.
(2) "Certificate" means a certificate of competency issued by the department, stating that the operator holding the certificate has met the requirements for the specified operator classification of the certification program.
(3) "Community water system" means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents.
(4) "Council" means the water and wastewater operators' advisory council provided for in 2-15-2105.
(5) "Department" means the department of environmental quality provided for in 2-15-3501.
(6) "Industrial waste" means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present.
(7) "Industrial waste discharge system" means a system that discharges industrial waste into state waters.
(8) "Nontransient noncommunity water system" means a public water system, as defined in 75-6-202, that is not a community system and that regularly serves at least 25 of the same persons for at least 6 months a year.
(9) "Operator" means the person in direct responsible charge of the operation of a water treatment plant, water distribution system, or wastewater treatment plant.
(10) "State waters" means the term as defined in 75-6-102.
(11) "Wastewater treatment plant" means a facility that:
(a) is designed to remove solids, bacteria, or other harmful constituents of sewage, industrial waste, or other wastes; and
(b) is part of either an industrial waste discharge system or a public sewage system as defined in 75-6-102.
(12) "Water distribution system" means that portion of the water supply system that conveys water from the water treatment plant or other supply source to the premises of the consumer and that is part of a community water system or a nontransient noncommunity water system.
(13) "Water supply system" means a system of pipes, structures, and facilities through which water is obtained, treated, sold, distributed, or otherwise offered to the public for household use or use by humans and that is part of a community water system or a nontransient noncommunity water system.
(14) "Water treatment plant" means that portion of the water supply system that alters either the physical, chemical, or bacteriological quality of the water and renders it safe and palatable for human use.
History: En. Sec. 2, Ch. 239, L. 1967; amd. Sec. 85, Ch. 349, L. 1974; R.C.M. 1947, 69-5902(part); amd. Sec. 4, Ch. 243, L. 1983; amd. Sec. 71, Ch. 418, L. 1995; amd. Sec. 2, Ch. 488, L. 1995; amd. Sec. 1, Ch. 538, L. 1997; amd. Sec. 1, Ch. 79, L. 2001; amd. Sec. 1, Ch. 213, L. 2001; amd. Sec. 1, Ch. 423, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 1. General › 37-42-103. Repealed

37-42-103. Repealed.
Sec. 2, Ch. 213, L. 2001.
History: En. Sec. 2, Ch. 239, L. 1967; amd. Sec. 85, Ch. 349, L. 1974; R.C.M. 1947, 69-5902(part); amd. Sec. 1, Ch. 195, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 1. General › 37-42-104. Classification of treatment plants and distribution systems

37-42-104. Classification of treatment plants and distribution systems.
The department shall classify all water treatment plants, water distribution systems, and wastewater treatment plants with due regard to the size, type, physical conditions affecting such water treatment plants and distribution systems, character of wastewaters to be treated and other physical conditions affecting such waste treatment plants, and according to the skill, knowledge, and experience that the operator in responsible charge must have to successfully supervise the operation of such water treatment plants and water distribution systems and such wastewater treatment facilities so as to protect the public health and prevent unlawful pollution.
History: En. Sec. 4, Ch. 239, L. 1967; amd. Sec. 111, Ch. 349, L. 1974; R.C.M. 1947, 69-5904.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 2. Water and Wastewater Operators' Advisory Council › 37-42-201. Meetings -- compensation of members -- expenses

37-42-201. Meetings -- compensation of members -- expenses.
(1) Annually, when new members are appointed to the council, a presiding officer must be elected at the next council meeting.
(2) Meetings may be called by the presiding officer or on written request of four members of the council when necessary to carry out its function to advise the department under this chapter. Four members constitute a quorum.
(3) Members of the council are entitled to be reimbursed and compensated as are members of advisory councils in 2-15-122(5).
History: En. Sec. 3, Ch. 239, L. 1967; amd. Sec. 1, Ch. 306, L. 1971; amd. Sec. 86, Ch. 349, L. 1974; amd. Sec. 46, Ch. 439, L. 1975; R.C.M. 1947, 69-5903(2), (3); amd. Sec. 5, Ch. 243, L. 1983; amd. Sec. 1400, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 2. Water and Wastewater Operators' Advisory Council › 37-42-202. Rulemaking power -- examinations -- continuing education requirements

37-42-202. Rulemaking power -- examinations -- continuing education requirements.
(1) The department shall adopt rules necessary to carry out this chapter. The rules shall include but are not limited to provisions establishing the basis for classification of treatment plants under 37-42-104, provisions establishing qualifications of applicants, procedures for examination of candidates, and other provisions necessary for the administration of this chapter.
(2) The department shall hold at least one examination each year, at a time and place designated by the department, for the purpose of examining candidates for certification.
(3) The department may establish reasonable continuing education requirements for certified water and wastewater operators.
History: En. Sec. 10, Ch. 239, L. 1967; amd. Sec. 3, Ch. 306, L. 1971; amd. Sec. 91, Ch. 349, L. 1974; R.C.M. 1947, 69-5910; amd. Sec. 6, Ch. 243, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 2. Water and Wastewater Operators' Advisory Council › 37-42-203. Duty to advise and assist department

37-42-203. Duty to advise and assist department.
The council shall advise and assist the department in the administration of the certification program. The council shall serve as an advisory board to the department in actions relating to the qualifications of water and wastewater treatment plant operators.
History: En. Sec. 3, Ch. 239, L. 1967; amd. Sec. 1, Ch. 306, L. 1971; amd. Sec. 86, Ch. 349, L. 1974; amd. Sec. 46, Ch. 439, L. 1975; R.C.M. 1947, 69-5903(1); amd. Sec. 7, Ch. 243, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-301. Department to certify operators

37-42-301. Department to certify operators.
(1) The department shall certify persons as to their qualifications to supervise successfully the operation of such water and wastewater treatment plants and water distribution systems.
(2) In granting the certificates, the department shall give due regard to the interest of this state in protecting the drinking water supplies and the quality of its water.
History: (1)En. Sec. 5, Ch. 239, L. 1967; amd. Sec. 111, Ch. 349, L. 1974; Sec. 69-5905, R.C.M. 1947; (2)En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; Sec. 69-5908, R.C.M. 1947; R.C.M. 1947, 69-5905, 69-5908(part); amd. Sec. 8, Ch. 243, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 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.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-303. Operator of treatment plant or distribution system to be certified -- exemption

37-42-303. Operator of treatment plant or distribution system to be certified -- exemption.
(1) Water and wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the department in a grade corresponding to the classification of that portion of the water or wastewater supply system to be supervised.
(2) However, this chapter does not prevent a governmental agency, corporation, or individual from continuing to employ in this capacity a person in responsible charge of the operation of such works on July 1, 1967. Certificates of proper classification may be issued without examination to the person or persons certified by the governing board or owner to have been in responsible charge of the water and wastewater plants and water distribution systems on July 1, 1967. A certificate so issued will be valid only in that plant.
History: En. Sec. 6, Ch. 239, L. 1967; amd. Sec. 87, Ch. 349, L. 1974; R.C.M. 1947, 69-5906(part).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-304. Application for operator's certificate -- fee

37-42-304. Application for operator's certificate -- fee.
A person desiring to engage in the operation of a water treatment plant, water distribution system, or wastewater treatment plant shall first file an application with the department for a proper certificate. The department shall charge a fee of the same amount as the license cost, except that the department shall reduce the fee by the amount that the cost of processing the application is offset by federal funds received. The department may not act on an application until the fee has been paid.
History: En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; R.C.M. 1947, 69-5908(part); amd. Sec. 10, Ch. 243, L. 1983; amd. Sec. 3, Ch. 195, L. 1999; amd. Sec. 95, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-305. Certification without examination

37-42-305. Certification without examination.
The department may consider for certification the holder of a certificate issued by a governmental agency or equivalent certification board of another state on presentation to the department of satisfactory evidence that the applicant is in responsible charge of works located in this state requiring a certified operator and that the applicant has successfully passed an examination at least equivalent to that required under 37-42-202(2).
History: En. Sec. 6, Ch. 239, L. 1967; amd. Sec. 87, Ch. 349, L. 1974; R.C.M. 1947, 69-5906(part); amd. Sec. 11, Ch. 243, L. 1983; amd. Sec. 92, Ch. 370, L. 1987; amd. Sec. 1401, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-306. Issuance of operator certificate -- display

37-42-306. Issuance of operator certificate -- display.
(1) The department shall issue certificates attesting to the competency of operators. The certificates shall include the classification of the works which the operator is qualified to supervise.
(2) The certificate shall be prominently displayed in the office of the operator.
(3) Certificates continue in effect unless revoked by the department but remain the property of the department, and the certificate shall so state. A certificate shall be renewed annually by payment of the proper fee.
History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(part).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-307. Retention of certificate by operators who terminate employment -- notification to department

37-42-307. Retention of certificate by operators who terminate employment -- notification to department.
(1) Operators who terminate employment may retain their certificate for 2 years, provided that all other requirements are met. After 2 years, a certificate is automatically invalidated. Operators whose certificates are invalidated under this chapter may be issued new certificates of like classification, provided appropriate proof of competency is presented to the department. Successful completion of an examination may be required at the discretion of the department.
(2) Any person, firm, or corporation, both municipal and private, shall notify the department within 3 business days after termination if a certified water or wastewater operator terminates employment.
History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(3); amd. Sec. 12, Ch. 243, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-308. Annual renewal -- fees -- revocation for failure to renew -- reinstatement -- notice of suspension

37-42-308. Annual renewal -- fees -- revocation for failure to renew -- reinstatement -- notice of suspension.
(1) Certificates issued under this chapter must be renewed annually before July 1. A certificate issued after July 1 expires the following June 30. After the payment of the initial fee under 37-42-304, a certificate holder shall pay before July 1 of each certificate year a renewal fee according to the schedule adopted by the department, except that the department shall reduce the fee by the amount that the cost of administering the certificate is offset by federal funds received to fund the administration of the program.
(2) Subject to subsection (6), if a certificate holder does not apply for a renewal of the certificate before July 1 and remit to the department the necessary renewal fee, the department shall suspend the certificate. Subject to subsection (6), the department shall revoke any certificate that remains suspended for a period of more than 30 days. However, the department, before this revocation, shall notify the certificate holder by certified mail at the address on the issued certificate of the department's intention to revoke, at least 10 days before the time set for action to be taken by the department on the certificate.
(3) A certificate once revoked may not be reinstated unless it appears that an injustice has occurred through error or omission or other fact or circumstances indicating to the department that the certificate holder was not guilty of negligence or laches.
(4) Notice of suspension must be given to the certificate holder when the suspension occurs and to the proper official or owner of the treatment works or distribution system.
(5) If a person whose certificate has been revoked through the person's own fault desires to continue as a water or wastewater plant operator, the person shall apply to the department under 37-42-304. Successful completion of an examination may be required at the discretion of the department.
(6) This section may not be interpreted to conflict with the provisions of 37-1-138.
History: En. Sec. 9, Ch. 239, L. 1967; amd. Sec. 90, Ch. 349, L. 1974; R.C.M. 1947, 69-5909; amd. Sec. 13, Ch. 243, L. 1983; amd. Sec. 4, Ch. 195, L. 1999; amd. Sec. 43, Ch. 271, L. 2003; amd. Sec. 96, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-309. Deposit of fees

37-42-309. Deposit of fees.
Filing and certification fees shall be deposited with the state treasurer in the department state special revenue fund and shall be used to pay the expenses of the council and department under this chapter. Moneys may be invested in accordance with procedures of investment of state moneys.
History: En. Sec. 8, Ch. 239, L. 1967; amd. Sec. 2, Ch. 306, L. 1971; amd. Sec. 89, Ch. 349, L. 1974; R.C.M. 1947, 69-5908(part); amd. Sec. 14, Ch. 243, L. 1983; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-321. Revocation of operator's certificate -- disciplinary action by department

37-42-321. Revocation of operator's certificate -- disciplinary action by department.
(1) The department may issue an order revoking the certificate of an operator when the department finds that:
(a) the operator has practiced fraud or deception;
(b) 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
(c) the operator is incompetent or unable to properly perform the operator's duties.
(2) The department may issue an order taking any disciplinary action listed in 37-1-136.
(3) A person aggrieved by an order of the department under this section may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after receipt of the department's decision.
(4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(2); amd. Sec. 15, Ch. 243, L. 1983; amd. Sec. 2, Ch. 79, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 42. Water Treatment Plant Operators › Part 3. Licensing › 37-42-322. Violation

37-42-322. Violation.
Any person, firm, or corporation, both municipal and private, violating any provisions of this chapter or the rules adopted hereunder is guilty of a misdemeanor. Each day of operation in violation of this chapter or any rules adopted hereunder shall constitute a separate offense.
History: En. Sec. 12, Ch. 239, L. 1967; R.C.M. 1947, 69-5912.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 1. General › 37-43-101. Purpose

37-43-101. Purpose.
It is the purpose of this chapter to reduce and minimize the waste and contamination of ground water resources within this state by reasonable regulation and licensing of drillers or makers of water wells and monitoring wells and to protect the health and general welfare by providing a means for the development of the natural resource of underground water in an orderly, sanitary, and reasonable manner. The reasonable regulation and licensing of drillers or makers of water wells and monitoring wells is in the best interest of the public, and the waste and contamination of ground water resources through inefficient or incompetent operations of drillers or makers of water wells and monitoring wells is prohibited. For the protection of the public and for the conservation of underground water resources, it is necessary that standards be set and maintained to insure that competency in the drilling and making of water wells and monitoring wells in this state is obtained.
History: En. Sec. 2, Ch. 176, L. 1961; amd. Sec. 2, Ch. 234, L. 1963; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 250, Ch. 350, L. 1974; R.C.M. 1947, 66-2602; amd. Sec. 1, Ch. 538, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 1. General › 37-43-102. Definitions

37-43-102. Definitions.
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "Apprentice water well driller" means an individual who is learning the trade of water well drilling and performs labor and services for a licensed water well contractor and whose duties are directly related to well drilling or drilling rig operation.
(2) "Board" means the board of water well contractors provided for in 2-15-3307.
(3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(4) "Geotechnical boring" means a hole intended solely to determine the composition, stability, density, movement, pressure, stratigraphy, or other physical properties of soil or rock.
(5) (a) "Monitoring well" means a well that is used for pollutant recovery or monitoring ground water quality, ground water levels, or flow direction, but whose primary purpose is not the withdrawal or acquisition of ground water.
(b) The term does not include geotechnical borings, perk test holes, and ground water exploration holes that are used to determine suitability of onsite sewage disposal by septic tank drain fields or lagoons.
(6) "Monitoring well constructor" means a natural person who installs monitoring wells.
(7) (a) "Water well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed and intended for the location, diversion, artificial recharge, or acquisition of ground water.
(b) The term does not include:
(i) spring development or excavations, by backhoe or otherwise, for recovery and use of surface waters or for the purpose of stock watering or irrigation when the depth is 25 feet or less; or
(ii) an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying or for inserting media to repressure oil- or natural-gas-bearing formations or for storing petroleum, natural gas, or other products.
(8) "Water well contractor" or "contractor" means a natural person who contracts on behalf of a firm, corporation, partnership, or other business entity to construct, alter, or rehabilitate a water well on lands other than the person's own for compensation.
(9) "Water well driller" or "driller" means any person, other than an apprentice, at a drilling site causing a water well to be drilled, altered, or rehabilitated.
History: En. 66-2602.1 by Sec. 251, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 1, Ch. 268, L. 1975; R.C.M. 1947, 66-2602.1(part); amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 728, L. 1985; amd. Sec. 2, Ch. 538, L. 1987; amd. Sec. 1, Ch. 516, L. 1989; amd. Sec. 1402, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 1. General › 37-43-103. Repealed

37-43-103. Repealed.
Sec. 10, Ch. 728, L. 1985.
History: En. 66-2602.2 by Sec. 252, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; R.C.M. 1947, 66-2602.2.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 1. General › 37-43-104. Licensed monitoring well constructor to supervise all construction of monitoring wells

37-43-104. Licensed monitoring well constructor to supervise all construction of monitoring wells.
(1) Any firm, corporation, or partnership may engage in the business of constructing or installing monitoring wells provided a licensed monitoring well constructor is in charge of all monitoring well installation.
(2) The licensed monitoring well constructor must be physically present at the site throughout the construction of the monitoring well.
History: En. Sec. 17, Ch. 538, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 2. Board of Water Well Contractors › 37-43-201. Organization -- seal -- compensation of members

37-43-201. Organization -- seal -- compensation of members.
(1) The board shall annually elect a presiding officer and vice presiding officer.
(2) The board must have a seal with the words "Board of Water Well Contractors" engraved on the seal, and the seal must be affixed to all writs, authentication of records, and other official proceedings of the board. The courts of this state shall take judicial notice of the seal.
(3) Each appointed member of the board who is not a government employee must receive as compensation for the member's services an amount as provided in 2-15-122 for each day actually engaged in the performance of the duties of the office, including time of travel between the member's home and the places at which the member performs duties, together with mileage and per diem expenses as provided for in 2-18-501 through 2-18-503. The members who are employees of the state of Montana may not receive extra compensation for their services as members of the board.
History: Ap. p. 82A-1602.26 by Sec. 3, Ch. 232, L. 1974; Sec. 361, Ch. 350, L. 1974; Sec. 82A-1602.26, R.C.M. 1947; Ap. p. Sec. 4, Ch. 176, L. 1961; amd. Sec. 152, Ch. 147, L. 1963; amd. Sec. 1, Ch. 278, L. 1969; amd. Sec. 25, Ch. 100, L. 1973; amd. Sec. 253, Ch. 350, L. 1974; amd. Sec. 41, Ch. 439, L. 1975; Sec. 66-2604, R.C.M. 1947; R.C.M. 1947, 66-2604, 82A-1602.26(4), (5); amd. Sec. 4, Ch. 83, L. 1981; amd. Sec. 3, Ch. 538, L. 1987; amd. Sec. 1403, Ch. 56, L. 2009; amd. Sec. 6, Ch. 603, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 2. Board of Water Well Contractors › 37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds

37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds.
(1) All money collected under this chapter must be deposited in the state special revenue fund and may be used only for the purpose of paying expenses of the board. Except for funds received from bonds in subsection (2), the money must be appropriated by the legislature before it may be expended by the board. Income and interest from investment of the money in the state special revenue fund that are collected under this chapter must be credited to the board.
(2) The board may accept and expend all funds received from bonds required by 37-43-306. The funds must be used to remedy defects in water wells, to compensate for damages caused by violations of this chapter or the rules of the board, or to pay any administrative costs incurred by the board under 37-43-309, 37-43-310, and 37-43-313. These funds, other than those to pay any administrative costs, are statutorily appropriated as provided in 17-7-502.
History: En. Sec. 1, Ch. 493, L. 1991; amd. Sec. 6, Ch. 284, L. 1993; amd. Sec. 34, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 3. Licensing › 37-43-301. Licensed person to supervise all construction

37-43-301. Licensed person to supervise all construction.
(1) Any firm, corporation, or partnership may engage in the business of constructing water wells provided a licensed water well contractor is placed in charge of all water well construction.
(2) The licensed water well contractor must be the individual who contracts on behalf of the firm, corporation, or partnership.
(3) A licensed water well driller, pursuant to 37-43-305, must be employed by a licensed water well contractor.
History: En. 66-2602.1 by Sec. 251, Ch. 350, L. 1974; amd. Sec. 2, Ch. 232, L. 1974; amd. Sec. 1, Ch. 268, L. 1975; R.C.M. 1947, 66-2602.1(part); amd. Sec. 6, Ch. 538, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 3. Licensing › 37-43-302. License required

37-43-302. License required.
(1) The drilling, making, or construction of water wells and monitoring wells is declared to be a business and activity affecting the public interest and requiring reasonable standards of competence. Except as provided in subsection (2), it is unlawful for any water well contractor, water well driller, or monitoring well constructor to construct, alter, or rehabilitate a water well or a monitoring well without first having obtained a valid license therefor as provided for in this chapter. An individual who is licensed as a water well contractor is not required to have a separate water well driller's license to perform the actual construction work on the well or a separate license to install monitoring wells.
(2) A license is not required for:
(a) a person who drills, alters, or rehabilitates a water or monitoring well on land that is owned or leased by the person if:
(i) the land is used by the person for farming, ranching, or agricultural purposes or as the person's residence;
(ii) the person obtains a permit from the board; and
(iii) the construction of the well conforms to the minimum construction standards for water or monitoring wells set by board rule; or
(b) an apprentice water well driller who performs labor or services for a licensed water well contractor or driller in connection with the drilling of a water well at the direction and under the personal supervision of a licensed water well contractor or driller.
(3) (a) To obtain a permit under subsection (2)(a), a person shall file with the department an application containing the applicant's name and mailing address, the location of the proposed well, the nature of the applicant's ownership interest in the property on which the well is to be located, the construction or installation method to be used, and the use for the proposed well.
(b) The board shall promptly issue a permit if it finds that:
(i) the well is located on land that the applicant owns or leases and that the applicant uses for farming, ranching, or agricultural purposes or as the applicant's residence; and
(ii) the construction or installation method to be used meets the minimum standards for water wells or monitoring wells set by board rule.
History: En. Sec. 3, Ch. 176, L. 1961; R.C.M. 1947, 66-2603; amd. Sec. 19, Ch. 22, L. 1979; amd. Sec. 4, Ch. 728, L. 1985; amd. Sec. 7, Ch. 538, L. 1987; amd. Sec. 4, Ch. 516, L. 1989; amd. Sec. 1404, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 3. Licensing › 37-43-303. Application -- fee

37-43-303. Application -- fee.
(1) Except as provided in 37-43-302(2), a person desiring to engage in the drilling, making, construction, alteration, or rehabilitation of one or more water or monitoring wells for underground water in this state shall first file an application with the department for a license. The application must set forth the applicant's qualifications, the equipment proposed to be used in the contracting, and other matters required by the board on forms adopted by the board.
(2) The department shall charge a fee prescribed by the board for filing an application. The application shall not be acted on until the fee has been paid. Fees collected under this section shall be deposited in the state special revenue fund for the use of the board.
(3) An appropriate license shall be issued to an applicant if, in the opinion of the board, the applicant is qualified to conduct water well or monitoring well construction operations. In the granting of licenses, the board shall have due regard for the interest of this state in the protection of its underground waters.
History: En. Sec. 6, Ch. 176, L. 1961; amd. Sec. 154, Ch. 147, L. 1963; amd. Sec. 4, Ch. 234, L. 1963; amd. Sec. 255, Ch. 350, L. 1974; R.C.M. 1947, 66-2606(1); amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 3, Ch. 642, L. 1983; amd. Sec. 5, Ch. 728, L. 1985; amd. Sec. 8, Ch. 538, L. 1987; amd. Sec. 9, Ch. 769, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 3. Licensing › 37-43-304. Repealed

37-43-304. Repealed.
Sec. 18, Ch. 538, L. 1987.
History: En. Sec. 6, Ch. 176, L. 1961; amd. Sec. 154, Ch. 147, L. 1963; amd. Sec. 4, Ch. 234, L. 1963; amd. Sec. 255, Ch. 350, L. 1974; R.C.M. 1947, 66-2606(2); amd. Sec. 6, Ch. 728, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 43. Water Well Contractors › Part 3. Licensing › 37-43-306. Bond to be required

37-43-306. Bond to be required.
(1) The department, on issuance of a water well contractor's or monitoring well constructor's license under this chapter, shall require, before the person commences operations in this state, a good and sufficient surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, in the sum of $4,000, conditioned that the licensee will comply with the rules of the board.
(2) A person who is licensed in more than one category need supply only one surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, for $4,000.
(3) A state or federal employee who is bonded by the state or federal government is not required to supply a bond during the course of employment with the state or federal government. A bond is required if the person ceases government employment.
(4) In lieu of the requirements of subsections (1) through (3), a firm, corporation, or partnership having more than two licensed water well contractors or monitoring well constructors may submit one bond in the amount of $10,000 for the entire firm, corporation, or partnership.
History: En. Sec. 9, Ch. 176, L. 1961; amd. Sec. 5, Ch. 232, L. 1974; amd. Sec. 258, Ch. 350, L. 1974; amd. Sec. 2, Ch. 268, L. 1975; R.C.M. 1947, 66-2609; amd. Sec. 5, Ch. 642, L. 1983; amd. Sec. 8, Ch. 728, L. 1985; amd. Sec. 10, Ch. 538, L. 1987; amd. Sec. 6, Ch. 516, L. 1989; amd. Sec. 1406, Ch. 56, L. 2009.