The commission may adopt rules relating to the administration and enforcement of the Utility Operators Certification Act. The commission shall:

A. adopt rules that classify public water supply systems and public wastewater facilities based on:

(1) size and type of system or facility;

(2) capacity of the system or facility based on the size of the serviced area and the number and size of the users to be served;

(3) type and character of the water or wastewater to be treated; and

(4) physical conditions affecting the treatment plants, collection systems and distribution systems;

B. adopt rules providing standards and criteria for the certification of operators based on their qualifications and their ability to operate public water supply systems or public wastewater facilities of the various classifications;

C. appoint a seven-member board from certified operators to function with the commission to establish qualifications of operators, classify public water supply systems and public wastewater facilities, adopt rules and advise the department on the administration of the Utility Operators Certification Act. Two board members selected by the board shall sit as commission members on matters to which that act is applicable;

D. adopt and file under the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules necessary to carry out the provisions of the Utility Operators Certification Act; and

E. adopt rules providing criteria for identifying the minimum number of certified operators needed to operate the various classifications of public water supply systems or public wastewater facilities in order to protect human health, public welfare or the environment.

History: 1953 Comp., § 67-40-4, enacted by Laws 1973, ch. 394, § 4; 1979, ch. 147, § 1; recompiled § 61-33-4; Laws 1992, ch. 44, § 4; 2005, ch. 285, § 3.

Cross references. — For the Uniform Licensing Act, see 61-1-1 NMSA 1978.

The 2005 amendment, effective July 1, 2005, provides that the commission may adopt rules relating the administration and enforcement of the Utility Operators Certification Act; deletes the former provision in subsection A that the rules classify systems and facilities into categories for each type of utility; changes "plant operators" to "operators" in Subsection B; deletes the former provision in Subsection B that standards and criteria relate to qualifications and abilities to supervise systems and facilities; deletes the former provisions of Subsection C which related to the approval and accreditation of schools and training program and which provided that the board be appointed from certified public waste supply system operators and public wastewater facility operators provides in Subsection C that the board shall classify public water systems and public wastewater facilities and advise the department; deletes former Subsection D which related to the examinations; deletes former Subsection E which related to agreements and contracts; deletes former Subsection F which related to financial and technical assistance; deletes the former provision; adds Subsection E to provide that the commission shall adopt rules providing criteria for identifying the minimum number of certified operators to operate various classifications of public water supply systems and public wastewater facilities to protect human health, public welfare or the environment.

The 1992 amendment, effective March 6, 1992, substituted "that" for "which" and deleted "four" preceding "categories" in the introductory paragraph of Subsection A, inserted ", collection systems" in Subsection A(4), substituted "Certification" for "Certifications" in the first sentence of Subsection G, substituted "public water supply systems" for "water systems" several times throughout the section, and inserted "public" preceding "wastewater facilities" several times throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 9.