Summary — SB 2110 (North Dakota) — Certification & Regulation of Water Distribution and Wastewater System Operators
Status: Filed with Secretary of State (03/18/2025). Introduced Jan 7, 2025; enacted by Legislature (Senate vote 47–0; House vote 91–1); signed by Governor 03/17/2025.
Purpose
- To update and clarify the certification, fee structure, administrative procedures, duties of the Department of Environmental Quality (DEQ), and penalties related to water distribution and wastewater system operator certification under chapter 23.1‑07 of the North Dakota Century Code.
Key provisions and changes
- Certificate term and expiration
- A certificate remains valid for one year and now expires on the first day of January of the year after issuance (amends prior statutory language referencing July/January).
Fees and dedicated fund (23.1‑07‑05)
- Removes fixed statutory caps ($50 initial / $25 renewal) and authorizes the department, by rule, to prescribe reasonable fees for initial certification, renewal, examinations, and application processing.
- Directs fee receipts to be deposited into an "operators' certification fund" in the state treasury to be used by the department to administer/enforce the chapter and to financially assist operator training programs. Year‑end surpluses are retained by the department.
Department duties (23.1‑07‑06)
- Requires the department to hold at least one examination annually (in person or via third‑party exam service), prepare/grade exams (or contract a third party), distribute and evaluate applications, collect fees, maintain operator records and a registry, promote and schedule training, and adopt necessary rules.
Enforcement, penalties, and criminal sanctions (23.1‑07‑08)
- Civil penalty: up to $5,000 per day for violations of the chapter, departmental rules, or orders.
- Willful violations (after written notice): may be charged as a class A misdemeanor.
- Willfully falsifying documents, tampering with monitoring devices, or making false statements is a class A misdemeanor unless a different penalty is specified elsewhere.
Administrative procedure and judicial review (new section)
- Rulemaking proceedings and compliance determinations under this chapter must follow chapter 28‑32 (the North Dakota Administrative Procedures Act).
- Appeals of those decisions are likewise governed by chapter 28‑32.
Who is affected
- Water distribution and wastewater system operators (applicants and certified operators).
- Public and private water/wastewater utilities and their employers.
- Department of Environmental Quality (administration, enforcement, rulemaking).
- Third‑party exam providers contracted for testing.
- Potentially local governments, utilities, and contractors that employ operators or must comply with certification rules.
Potential impacts
- Greater administrative flexibility for DEQ to set fees aligned to program costs and to use a dedicated fund for training and program administration.
- Stronger enforcement tools (significant per‑day civil penalties and criminal sanctions for willful misconduct) could increase compliance pressure.
- Clarifies procedural due process by tying rulemaking and appeals to the state Administrative Procedures Act.
- Use of third‑party exam services formalized, which may change testing logistics and costs.
Note: The bill originated at the request of the Department of Environmental Quality and was reported by the Workforce Development Committee.
