# Environment (GEN)

## Title 12. Waterworks and Waste Systems Operators

### Subtitle 1. Definitions; General Provisions

#### Section 12-101

(a) In this title the following words have the meanings indicated.

(b) "Board" means the State Board of Waterworks and Waste Systems Operators.

(c)

  (1) "Certificate" means, unless the context requires otherwise, a certificate of certification as an operator, industrial operator, or superintendent, issued by the Board.

  (2) "Certificate" includes:

    (i) A certificate; and

    (ii) A temporary certificate, as limited by Sec. 12-305 of this title.

(d) "Certified industrial operator" means, unless the context requires otherwise, an industrial operator who is certified by the Board.

(e) "Certified operator" means, unless the context requires otherwise, an operator who is certified by the Board.

(f) "Certified superintendent" means, unless the context requires otherwise, a superintendent who is certified by the Board.

(g)

  (1) "Industrial operator" means an individual who operates the controls or maintains the logs of an industrial wastewater works.

  (2) "Industrial operator" does not include a superintendent.

(h) "Industrial wastewater works" means a facility used to collect, store, pump, treat, or discharge any waste substance that results from:

  (1) A manufacturing process;

  (2) A business process; or

  (3) The development of a natural resource.

(i)

  (1) "Operator" means an individual who participates in the operation of:

    (i) A waterworks, including the control of the flow, processing, and distribution of water; or

    (ii) A wastewater works, including the collection, control of flow, processing, and discharge of wastewater and effluent.

  (2) "Operator" does not include a superintendent.

(j) "Responsible charge" means responsibility for the operation and performance of all or any part of a waterworks, wastewater works, or industrial wastewater works.

(k) "Superintendent" means an individual who is designated by any employing or appointing person, county, municipality, sanitary district, or this State as the individual in responsible charge of a waterworks, wastewater works, or industrial wastewater works.

(l)

  (1) "Wastewater works" means a facility used to collect, store, pump, treat, or discharge any liquid or waterborne waste.

  (2) "Wastewater works" does not include:

    (i) A facility that is used only by a private residence;

    (ii) A facility that uses a septic tank or subsoil absorption; or

    (iii) An industrial wastewater works.

(m)

  (1) "Waterworks" means a facility used to collect, store, pump, treat, or distribute water for human consumption.

  (2) "Waterworks" does not include a facility that is used only by a private residence.

#### Section 12-102

The General Assembly enacts this title to establish a certification program for superintendents, operators, and industrial operators of waterworks, wastewater works, and industrial wastewater works:

(1) To protect the quality of water in which wastes are placed;

(2) To protect the public health; and

(3) To prevent pollution.

#### Section 12-103

This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article or the Health - General Article.

### Subtitle 2. State Board of Waterworks and Waste Systems Operators

#### Section 12-201

There is a State Board of Waterworks and Waste Systems Operators in the Department.

#### Section 12-202

(a)

  (1) The Board consists of 11 members.

  (2) With the advice and consent of the Senate, the Governor shall appoint 8 members who represent one or more of the following:

    (i) Municipal government;

    (ii) County government;

    (iii) A sanitary or a metropolitan commission;

    (iv) Waterworks supervision;

    (v) Wastewater works or industrial wastewater works supervision;

    (vi) Agriculture;

    (vii) Industrial wastewater works superintendents; and

    (viii) The Maryland Environmental Service.

  (3) The Secretary shall appoint:

    (i) 1 engineer member from the Department; and

    (ii) 2 public members who represent the community at large.

(b) Before taking office, each appointee to the Board shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(c)

  (1) The term of a member appointed by the Governor is 4 years.

  (2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981. The terms of those members end as follows:

    (i) Three in 1982;

    (ii) One in 1983;

    (iii) One in 1984; and

    (iv) Two in 1985.

  (3) At the end of a term, a member appointed by the Governor continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed by the Governor after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(d) The members appointed by the Secretary serve at the pleasure of the Secretary.

(e) The Governor may remove for incompetence or misconduct a member appointed by the Governor.

#### Section 12-203

(a) From among its members, the Board annually shall elect a chairman.

(b) The Secretary of the Environment shall designate a representative of the Department as Board secretary.

(c) The manner of election of officers shall be as the Board determines.

#### Section 12-204

(a) The Board shall meet at least once a year, at the times and places that it determines.

(b) Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Board may employ a staff in accordance with the State budget.

#### Section 12-205

In addition to the powers set forth elsewhere in this title, the Board may recommend:

(1) Standards to the Secretary for the classification of waterworks, wastewater works, and industrial wastewater works; and

(2) Rules and regulations for adoption by the Secretary to carry out the provisions of this title.

#### Section 12-206

(a)

  (1) The Board shall set reasonable fees for the issuance and renewal of certificates and its other services.

  (2) The fees shall be set so as to produce funds sufficient to cover the actual direct and indirect costs of regulating waterworks, wastewater works, and industrial wastewater works in accordance with the provisions of this title.

(b) In accordance with the State budget, the Board may pay expenses incurred in carrying out the provisions of this title.

(c) The Board shall pay all funds collected under this section into the General Fund of this State.

### Subtitle 3. Certification of Superintendents, Operators, and Industrial Operators

#### Section 12-301

(a) Except as otherwise provided in this section or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, an individual shall be certified by the Board in an appropriate classification before a waterworks, wastewater works, or industrial wastewater works may employ the individual as:

  (1) A superintendent; or

  (2) An operator or industrial operator in a job function determined by the Secretary.

(b) This section does not prevent a governmental agency or a person from continuing to employ in a waterworks, wastewater works, or industrial wastewater works, until July 2, 1982, an operator or industrial operator who is not certified under this title.

#### Section 12-302

(a) The Secretary shall adopt rules and regulations for the qualifications of applicants.

(b) To qualify for certification, the applicant shall meet the education and experience requirements that the Secretary sets by rule or regulation under this section.

(c) Except as otherwise provided in this title or the rules and regulations adopted under this title, the applicant shall pass an examination given by the Board under this subtitle.

#### Section 12-303

(a) To apply for certification, an applicant shall submit an application to the Board on the form that the Board requires.

(b) The Secretary shall adopt rules and regulations as to application procedures.

#### Section 12-304

(a) The Secretary shall adopt rules and regulations for the examination of applicants.

(b) An applicant who otherwise qualifies for certification is entitled to be examined as provided in this section.

(c) The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.

(d) The Board shall notify each qualified applicant of the time and place of examination.

(e) Subject to subsection (a) of this section, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.

#### Section 12-305

(a) The Board shall certify any applicant who meets the requirements of this title and of any applicable rule or regulation adopted under this title.

(b) The Board may issue a temporary certification to any applicant who lacks the experience or the education that is acceptable to the Board for certification, if the applicant:

  (1) Applies for certification under Sec. 12-303 of this subtitle; and

  (2) Complies with any applicable rule or regulation adopted under this title for this purpose.

#### Section 12-306

(a) Except as otherwise provided in this section, certification authorizes a waterworks, wastewater works, or industrial wastewater works to employ the certified individual as an operator, industrial operator, or superintendent in an appropriate job classification.

(b) Certification as an operator authorizes the operator to perform tasks assigned by a certified superintendent, if an operator is not prohibited from performing those tasks by the rules and regulations adopted under this title.

(c) The Secretary shall adopt rules and regulations to classify or certify superintendents, operators, and industrial operators to perform certain tasks in waterworks, wastewater works, and industrial wastewater works.

#### Section 12-307

The Secretary shall adopt rules and regulations for the term and renewal of certifications.

#### Section 12-308

(a) Subject to the hearing provisions of Sec. 12-309 of this subtitle, the Board may deny certification or temporary certification to any applicant, if the applicant:

  (1) Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the applicant or for another; or

  (2) Fraudulently or deceptively uses a certificate or temporary certificate.

(b) Subject to the hearing provisions of Sec. 12-309 of this subtitle, the Board may reprimand any certificate holder, or suspend or revoke a certification or temporary certification, if:

  (1) The certificate holder:

    (i) Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the certificate holder or another; or

    (ii) Fraudulently or deceptively uses a certificate or temporary certificate; or

  (2) The Board has any other reasonable cause for the action.

#### Section 12-309

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under Sec. 12-308 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

#### Section 12-310

(a) Except as provided in this section for an action under Sec. 12-308 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may:

  (1) Appeal the decision to the Board of Review; and

  (2) Then take any further appeal allowed by the Administrative Procedure Act.

(b)

  (1) Any person aggrieved by a final decision of the Board under Sec. 12-308 of this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal.

  (2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

### Subtitle 4. Miscellaneous Provisions

#### Section 12-401

(a) The Secretary shall classify all waterworks, wastewater works, and industrial wastewater works in this State.

(b) In determining the classification of a waterworks, wastewater works, or industrial wastewater works, the Secretary shall consider:

  (1) The size or capacity of the facility;

  (2) The type of treatment used;

  (3) The character of the water or wastes treated; and

  (4) Any other physical conditions that affect the facility.

#### Section 12-402

(a) Except as provided in subsection (b) of this section, each waterworks, wastewater works, and industrial wastewater works shall be under the supervision of a superintendent who is certified in the appropriate classification.

(b) A waterworks, a wastewater works, and an industrial wastewater works may have a certified operator serve in responsible charge instead of a certified superintendent if approved by the Department and if the facility:

  (1) Serves fewer than 500 persons;

  (2) Has minimal treatment requirements as determined by the Department; and

  (3) Employs no more than two operators.

(c) The Department shall enforce this section.

#### Section 12-403

The Secretary shall adopt rules and regulations to carry out the provisions of this title.

#### Section 12-404

(a) The Department shall provide the necessary training throughout this State to carry out the provisions of this title.

(b) The Department shall request budget support for the federal and State approved training center in this State.

### Subtitle 5

#### Section 12-501

(a) A person or municipal or private corporation may not operate a waterworks, wastewater works, or industrial wastewater works unless the facility is under the responsible charge of a certified superintendent or certified operator as provided under Sec. 12-402 of this title.

(b) After July 1, 1982, a person or municipal or private corporation may not operate a waterworks or wastewater works unless all operators in the waterworks or wastewater works are certified operators.

(c) After July 1, 1982, a person or municipal or private corporation may not operate an industrial wastewater works unless all industrial operators in the industrial wastewater works are certified industrial operators.

(d) The Department shall enforce this section.

#### Section 12-504

(a) A person or municipal or private corporation that violates any provision of this title or any rule or regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25 for each day of violation.

(b) Each day of employment in violation of this title or of any rule or regulation adopted under this title is a separate offense.

### Subtitle 6. Short Title; Termination of Title

#### Section 12-601

This title may be cited as the "Maryland Waterworks and Waste Systems Operators Act".

#### Section 12-602

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, and except for the rules and regulations adopted by the Secretary, this title shall terminate and be of no effect after July 1, 2031.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)