AN ACT to create and enact a new section to chapter 23.1-07 of the North Dakota Century Code, relating to the certification and regulation of water distribution and wastewater system operators; to amend and reenact subsection 1 of section 23.1-07-04 and sections 23.1-07-05, 23.1-07-06, and 23.1-07-08 of the North Dakota Century Code, relating to the certification and penalization of water distribution and wastewater system operators; and to provide a penalty.
SB 2110 revises North Dakota’s laws governing the certification and regulation of water distribution and wastewater system operators. The bill updates the certification process by changing the certificate expiration date from July 1 to January 1 of the following year, and it revises the fee provisions so the Department of Environmental Quality may set reasonable fees by rule based on the costs of application processing, examinations, and renewals rather than relying on fixed statutory fee caps.
The bill also clarifies and expands the department’s administrative responsibilities. It requires at least one annual examination, allows the use of third-party testing services, and continues the department’s duties to promote certification, process applications, maintain records, and conduct training programs. In addition, SB 2110 strengthens enforcement by setting a civil penalty of up to $5,000 per day for violations, classifying willful violations and certain false statements or tampering as class A misdemeanors, and adding a new section requiring administrative proceedings and appeals to follow North Dakota’s general administrative procedure and judicial review laws.
SB 2110 amends chapter 23.1-07 of the North Dakota Century Code, affecting the certification framework for water supply and wastewater system operators and the Department of Environmental Quality’s authority to administer that program. It shifts fee-setting authority to agency rulemaking, updates certificate renewal timing, authorizes third-party exam administration, and formalizes administrative and judicial review procedures under chapter 28-32. Operators, applicants, and the department are the primary parties affected, along with public water and wastewater systems that rely on certified personnel.
The bill appears to have broad legislative support and little visible opposition. It passed the Senate unanimously and the House overwhelmingly, with only one no vote, suggesting general agreement that the certification program needed modernization and clearer administrative authority. The absence of committee transcript material limits insight into detailed debate, but the vote margins indicate a largely favorable view of the measure.
There is little evidence of major controversy in the available record. The main policy choices in the bill are the move from fixed statutory fee limits to rule-based fees, the use of third-party exam services, and stronger civil and criminal penalties for violations or false statements. Any concern would likely center on agency discretion, fee increases, or enforcement severity, but the recorded votes suggest those issues did not generate significant opposition.