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§ 750.11. Certification board

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Pennsylvania Sewage Facilities Act (Refs & Annos)
35 P.S. § 750.11
§ 750.11. Certification board
(a)(1) There is hereby created within the department a State Board for Certification of Sewage Enforcement Officers. The board shall consist of five members to be appointed by the secretary. One member shall be a representative of local government; one member shall be a sewage enforcement officer certified under the provisions of this act; one member shall be a representative of the engineering profession; and two additional members shall be chosen from a list of nominees submitted to the secretary by the advisory committee. The advisory committee shall designate a minimum of three nominees for the latter two positions. The original appointed members of the board in the order listed above shall hold office for one, two, three, three and four years, respectively. Thereafter, each appointment shall be for a period of four years' duration. The secretary may reappoint board members for successive terms. Members of the board shall remain in office until a successor is appointed and qualified. If vacancies occur prior to completion of a term, the secretary shall appoint another member in accordance with this section to fill the unexpired term.
(2) The secretary, or his representative, shall call the first meeting of the board at which time a chairman of the board shall be elected. Thereafter, the chairman shall be elected annually. Three members of the board shall constitute a quorum. Meetings may be called by the chairman as needed to conduct the business of the board.
(3) The members of the board shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(b) The board shall have the power and its duty shall be, in accordance with the rules and regulations of the department, to:
(1) Review and pass upon applications for certification of sewage enforcement officers within thirty days of the receipt of the test results from the testing contractor. If the board does not meet within this time period, the applicants who have achieved the necessary passing score on the certification examination and who are not in violation or restrained by any department regulation from certification shall be deemed to be certified.
(2) Administer such examinations as prepared by the department, as may be deemed necessary to determine the fitness of candidates for certification. Such examinations shall be held no less than four times in each calendar year. The board shall determine and shall announce, in sufficient time, the location and time for such examinations, except that the board shall allow the department to schedule special “walk-in” examinations when a local agency demonstrates an immediate need to obtain a sewage enforcement officer. During the first year of this act, no fees will be charged for said examinations. During the second and subsequent years, the board is hereby authorized to collect a fee of ten dollars ($10) from each applicant.
(3) Hold hearings and issue adjudications under the provisions of the act of June 4, 1945 (P.L. 1388, No. 442), known as the “Administrative Agency Law,”1 on any revocation, suspension or reinstatement of certification by the department: Provided, That the filing of an appeal with the board shall not operate as an automatic supersedeas of the action of the department. The provisions of section 1921-A of The Administrative Code notwithstanding, such actions of the department shall not be appealable to the Environmental Hearing Board.
(4) Consider for renewal biennially certificates issued under this section, and collect a fee of fifty dollars ($50) or such reasonable fee as the department shall establish by regulation from each certificate holder for such renewal. Fees collected in excess of the actual administrative cost to the board to process certification renewals shall be dedicated to training sewage enforcement officers.
(5) Compile and keep current a register showing the names and addresses of certified sewage enforcement officers. Copies of this register shall be furnished on request for the department and for municipalities and upon payment of such reasonable fee for all others, as the department shall establish.

Credits

1966, Jan. 24, P.L. (1965) 1535, No. 537, § 11. Amended 1974, July 22, P.L. 621, No. 208, § 5; 1989, July 1, P.L. 124, No. 26, § 5, imd. effective; 1994, Dec. 14, P.L. 1250, No. 149, § 7, effective in 365 days.

Footnotes

71 P.S. § 1710.1 et seq. (repealed); see, now, 2 Pa.C.S.A. §§ 101, 103.
35 P.S. § 750.11, PA ST 35 P.S. § 750.11
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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