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.
SB2110 revises North Dakota’s operator certification framework for water distribution and wastewater systems. The bill updates the expiration date for certificates, revises the fee structure to allow the Department of Environmental Quality to set reasonable fees by rule based on program costs, and clarifies the department’s duties in administering examinations, maintaining records, promoting training, and adopting rules. It also adds a new section requiring administrative proceedings and appeals under this chapter to follow the state’s general administrative procedures law.
The bill strengthens enforcement provisions for violations involving operator certification and related rules. It authorizes civil penalties of up to $5,000 per day for violations, makes willful violations after written notice a class A misdemeanor, and separately criminalizes knowingly false statements or tampering with required documents or monitoring devices. These changes apply to individuals and entities involved in operating, certifying, or regulating public water distribution and wastewater disposal systems.
Overall, the bill appears to be a technical and administrative update requested by the Department of Environmental Quality, aimed at modernizing and clarifying the certification program rather than changing its basic purpose. The voting record shows very strong support, with unanimous approval in the Senate and only one dissenting vote in the House, suggesting broad agreement on the need for the revisions.
There is little evidence of major controversy in the available record. The main policy choices embedded in the bill are the shift to rule-based fee setting and the retention of strong penalty provisions for noncompliance, but the near-unanimous votes indicate these issues did not generate significant opposition. Any concern would likely center on the department’s expanded discretion over fees and enforcement, rather than on the underlying certification program itself.
SB2110 amends Chapter 23.1-07 of the North Dakota Century Code governing certification of water distribution and wastewater system operators. It changes certificate timing, authorizes the Department of Environmental Quality to establish reasonable certification fees by rule, clarifies departmental responsibilities for exams and records, and adds explicit administrative-procedure and judicial-review requirements under Chapter 28-32. It also reinforces civil and criminal penalties for violations, false statements, and tampering, affecting certified operators, applicants, and regulated water and wastewater system personnel.
The bill was received very favorably overall. The Senate passed it unanimously, and the House passed it with only one no vote, indicating broad bipartisan support and little visible resistance. The available context suggests the measure was viewed as a routine but useful administrative update requested by the Department of Environmental Quality.
The main points of potential contention are the department’s authority to set fees by rule rather than through fixed statutory caps, and the bill’s strong enforcement scheme, including daily civil penalties and class A misdemeanor liability for willful violations or false filings. However, the voting history suggests these issues did not produce substantial opposition, and no committee debate is available showing organized resistance from operators, utilities, or other stakeholders.