Waterworks Operators

Ark. Code Ann. tit. 17, ch. 51

in effect

Ark. Code Ann. § 17-51-101 Definitions.

As used in this chapter: (1) “Community public water system” means any public water system which serves at least fifteen (15) connections or twenty-five (25) persons who are year-round residents; (2) “Drinking Water Operator Certification Program” means those activities conducted by the Department of Health and the Drinking Water Advisory and Operator Licensing Committee related to the training, examination, and licensing and certification of public water system operators; (3) “Late renewal” means an application for renewal when the application for renewal or the associated fee is received more than thirty (30) days following the beginning of a renewal period; (4) “Noncommunity public water system” means a public water system that serves fifteen (15) service connections or twenty-five (25) persons, at least sixty (60) days per year, that is not a community public water system; (5) “Nontransient noncommunity public water system” means a public water system that is not a community public water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year; (6) “Public water system ” means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to consumers; (7) “Treatment” means the application of physical processes or the addition of chemicals, or both, to water which a public water system provides to the public for the purpose of improving the quality of the water, except that the addition of gaseous chlorine, sodium hypochlorite, or calcium hypochlorite alone shall not be defined as treatment; and (8) “Water system operator” means any person who, during the performance of his or her regular duties at a community public water system, a nontransient noncommunity public water system, or any other noncommunity public water system which utilizes a surface water or surface water-influenced source, exercises individual judgment by which, either directly or indirectly, the safety, quality, and quantity of water delivered from the water system might be affected.

Ark. Code Ann. § 17-51-102 Penalties.

(a)(1) Any person or persons representing a firm, corporation, municipality, or other political authority who violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment. (2) Each day during which a violation continues shall be a separate offense. (b)(1) Every firm, person, or corporation that violates this chapter or any of the rules issued or promulgated by the State Board of Health, or that violates any condition of a license, permit, certificate, or any other type of registration issued by the board, may be assessed a civil penalty by the board. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (c) All fines collected under this section shall be deposited into the State Treasury and credited to the Waterworks Operators Licensing Fund to be used to defray the costs of administering this chapter. (d) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer of the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Ark. Code Ann. § 17-51-103 Powers and duties of the board.

(a) The State Board of Health shall have the authority to: (1) Adopt rules in accordance with this chapter as may be necessary for the administration and enforcement of this chapter; (2) Set fees to cover the cost of the administration of this chapter; (3) Revoke a water system operator's license for cause; and (4) Establish minimum educational standards for all applicants for licensure. (b) All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

Ark. Code Ann. § 17-51-104 Drinking Water Advisory and Operator Licensing Committee — Creation — Members.

(a)(1) There is created the Drinking Water Advisory and Operator Licensing Committee to consist of seven (7) members to be appointed by the State Board of Health. (2) One (1) shall be a member of the staff of the Engineering Section of the Department of Health who shall be a registered engineer and who shall act as executive secretary for the board for water system operator licensing activities, and also act as executive secretary for the committee. (3) One (1) shall be an engineer on the teaching staff of any state-supported institution of higher education who shall be either a sanitary engineer, civil engineer, environmental engineer, or chemical engineer with expertise in the drinking water field. (4) Four (4) members shall be active water system operators who shall hold the highest grade licenses. (5) One (1) member shall be a consulting engineer specializing in drinking water systems design. (b) Each regular appointment shall be for a term of six (6) years, provided that no person shall be appointed to serve more than one (1) full six-year term. (c) In the event of a vacancy, a new member shall be appointed by the board to serve out the unexpired term. (d) A member of the committee may be removed for cause only after the board has made an investigation at which the accused has had an opportunity to defend himself or herself against any and all charges. (e) The committee shall serve without remuneration but may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) All members of the committee shall be residents of the State of Arkansas. (g) The member of the committee who is a member of the staff of the Engineering Section of the Department of Health shall serve at the pleasure of the Secretary of the Department of Health.

Ark. Code Ann. § 17-51-105 Drinking Water Advisory and Operator Licensing Committee — Duties.

The duties of the Drinking Water Advisory and Operator Licensing Committee shall be as follows: (1) To assist the Department of Health in examining applicants for water system operator licenses; (2) To advise the department as to the fitness of the applicant for licensing and certification; (3) To advise the State Board of Health in cases of suspension or revocation of license; (4) To advise the board and department in all matters, upon request by the board or department, or upon its own motion, relating to the operations of, and the development of rules for, the public water system supervision program operated by the Engineering Section of the Department of Health; and (5) To advise the board or department in all matters, upon request by the board or department, relating to training programs for water system operators.

Ark. Code Ann. § 17-51-106 Fees.

(a) The State Board of Health shall have the authority to: (1) Set fees to cover only the cost of the administration of this chapter; and (2) Establish fees for: (A) Examination; (B) Licensing; (C) Renewal of license; (D) Penalty for late renewal; (E) Evaluation for reciprocity; and (F) Temporary permit issuance or renewal. (b) Fees shall not exceed: (1) Fifty dollars ($50.00) for examination; (2) Twenty-five dollars ($25.00) for licensing; (3) Fifty dollars ($50.00) for renewal of licenses; (4) Ten dollars ($10.00) for penalty for late renewal; (5) Fifty dollars ($50.00) for evaluation for reciprocity; and (6) Twenty-five dollars ($25.00) for temporary permits or renewal of temporary permits. (c)(1) All fees collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only for the administration of this chapter. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the Drinking Water Operator Certification Program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

Ark. Code Ann. § 17-51-201 License required.

(a) In order to safeguard the public health, all water system operators of community and certain noncommunity public water systems from which water is sold, distributed, or otherwise offered for human consumption, whether such water systems are publicly or privately owned and operated, shall be licensed and certified as competent by the Department of Health under the provisions of this chapter and under such rules as the State Board of Health may adopt under the provisions of this chapter. (b) It shall be unlawful for any person, municipality, political subdivision, corporation, partnership, sole proprietorship, or any authority that furnishes water for domestic consumption to operate any type of community public water system, nontransient noncommunity public water system, or any other noncommunity public water system utilizing a surface water or surface water-influenced source, unless the water system operator in charge is duly licensed and certified competent by the department. (c) It shall be unlawful for any person to perform the duties of a water system operator without being duly licensed or to falsely represent himself or herself as a licensed water system operator. (d) It shall also be unlawful for any public or private official, not duly licensed, to attempt to influence the judgment of a licensed water system operator in matters where the public health may be involved unless this official is an authorized representative of the department.

Ark. Code Ann. § 17-51-202 Classifications — Examinations.

(a) Water system operators shall be licensed in appropriate grades according to responsibilities and in accordance with classifications designated by the State Board of Health which consider both the population served and the level of treatment required to produce an acceptable quality of water. (b) Applicants for examination for licensing shall be examined in the various phases of water system operation as designated by the board. (c) At its discretion, the Drinking Water Advisory and Operator Licensing Committee may delete or modify any of the adopted requirements where they are not applicable, but the licenses granted shall be limited and valid only under the conditions described. (d) The committee at its discretion may waive the requirements or any part of the requirements for formal examination of an applicant for a license if the applicant holds a valid license or certificate from another state in which the requirements for license in the appropriate grade are at least equal to the requirements set forth by the board. (e) The Department of Health shall conduct examinations to establish the qualifications of applicants for licensure. The department shall conduct regular examination sessions, at least annually, and may conduct additional examination sessions whenever it deems necessary.

Ark. Code Ann. § 17-51-203 Issuance — Temporary permits.

(a) The Department of Health shall license and certify all applicants for licenses under this chapter who satisfy the requirements of the chapter. Licenses shall be granted according to classifications set forth by the State Board of Health. (b) In an emergency, the department at its discretion may grant temporary permits for operation of a water system when and only when the public health and safety are not jeopardized. The temporary permit shall be valid for a period of not more than one (1) calendar year and may be renewed only one (1) time, with the approval of the department.

Ark. Code Ann. § 17-51-204 Renewal — Standing.

(a) Licenses shall be valid for a period of two (2) years and shall be renewable by the Department of Health upon application without examination, provided that the applicant is in good standing. (b) The licensee, in order to remain in good standing, shall demonstrate his or her interest in the technical developments of water system operation by fulfilling requirements as the State Board of Health may direct.

Ark. Code Ann. § 17-51-205 Suspension — Revocation — Reinstatement.

(a) The Department of Health shall suspend the license of a water system operator for cause. (b) The suspension shall remain in effect until the case can be reviewed by the Drinking Water Advisory and Operator Licensing Committee, where the licensee shall have the opportunity to present his or her defense. (c) After the committee has reported its findings to the State Board of Health, the board shall uphold the department's suspension of the license, reinstate the licensee, or revoke the license. (d) A license so revoked may be reinstated only if all the conditions that caused revocation have been removed.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026