A. It is unlawful for any person not certified as an operator to:

(1) use the title "certified operator" or words of similar import in connection with the person's employment;

(2) represent himself as a certified operator; or

(3) perform the duties of a certified operator, except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of public water supply system or public wastewater facility.

B. Any violation of the provisions of this section is a misdemeanor.

History: 1953 Comp., § 67-40-8, enacted by Laws 1973, ch. 394, § 8; recompiled as 1978 Comp., § 61-33-8; Laws 1992, ch. 44, § 8; 2005, ch. 285, § 7.

The 2005 amendment, effective July 1, 2005, deletes references in Subsection A to public water supply system and public wastewater facility and to the supervisor of such systems and facilities; provides in Subsection A that it is unlawful to perform prohibited action except under the direct supervision of a certified operator who meets or exceeds the appropriate certification level for that classification of system or facility; and deletes the former provision of Subsection B which provided that it is unlawful for a persons who operates a public water supply system or public wastewater facility to employ a supervisor or operator who is not certified.

The 1992 amendment, effective March 6, 1992, substituted "person who operates a public water supply system or public wastewater facility" for "person, instrumentality of the state or instrumentality of any political subdivision of the state expending any public funds" in Subsection B, substituted "public water supply system" for "water system" several times throughout the section, and inserted "public" preceding "wastewater facility" several times throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 594.

Validity of state statutory provision permitting administrative agency to impose monetary penalties for violation of environmental pollution statute, 81 A.L.R.3d 1258.