(A) Responsibilities.
(1) Each
person owning or operating a
public
water system,
except as provided for in paragraph
(B) of this rule
classified in accordance with
rule 3745-7-03 of the Administrative
Code, shall designate one or more professional operators of record to
oversee the
technical operation of the
public water system or each
water
treatment plant and distribution system within the
public water system. Each
professional operator of record shall have a valid certification of a class
equal to or greater than the classification of the
public water system,
distribution system or
water treatment plant except as provided for in
paragraphs
(E)
(D) to
(G)
(F) of this rule.
(a)
The owner
,
and
professional operator of record
, or contract operating
company of a
public water system shall notify the
director of the
identity of a
professional operator of record upon initiation or termination of
service or upon request by the
director.
(b) Notification shall be made on a form
acceptable to the director within three days of initiation or termination of
service or a request by the director.
(2) Each
person owning or operating a
treatment works or public
sewerage system shall designate one or more
professional operator of record to oversee the
technical operation of the
treatment works,
sewerage system, or each
wastewater treatment facility. Except
as provided for in paragraphs
(E)
(D) to
(G)
(F) of this rule, each
professional operator of record
shall have a valid certification of a class equal to or greater than the
classification of the
treatment works,
sewerage system, or
wastewater treatment
facility.
(a) The owner and professional
operator of record of a treatment works or sewerage system shall notify the
director of the identity of a professional operator of record upon initiation
or termination of service or upon request by the director.
(b) Notification shall be made on a form
acceptable to the director within three days of initiation or termination of
service or a request by the director.
(3) Each
person owning or operating a private
sewerage system that has been classified by the
director in accordance
paragraph
(B)(1)(d)
(B)(1)(f) of rule
3745-7-04 of the Administrative
Code, shall designate one or more
professional operator of record to oversee
the
technical operation of the private
sewerage system. Except as provided for
in paragraphs
(E)
(D) to
(G)
(F) of this rule, each
professional operator of record
shall have a valid certification of a class equal to or greater than the
classification of the private
sewerage system.
(a) The owner and professional operator of
record of a private sewerage system shall notify the director of the identity
of a professional operator of record upon initiation or termination of service
or upon request by the director.
(b) Notification shall be made on a form
acceptable to the
director within three days of initiation or termination of
service or a request by the
director.
(B) Transient noncommunity ground
water public water systems without treatment for arsenic, nitrate or 4-log
removal of viruses, serving populations of two hundred fifty or fewer, are not
required to place the technical operation of such a public water system under a
professional operator of record unless the director determines that a
professional operator of record is necessary.
(C)(B) The
certified
professional operator of record required by paragraph (A)
or (B) of this rule shall be an employee of
the
person owning or operating the
public water system,
treatment works, or
sewerage system, except as provided in paragraph
(D)
(C) of this
rule.
(D)(C) Owners of public
water systems, sewerage systems, or
treatment works may enter into a contract
with an approved
contracted professional operator or
contract operations
company for the services of one or more appropriately certified professional
operators to serve as the
professional operator of record provided the
following:
(1) The contract requires that the
certified professional operator of record be available to respond to
emergencies and provide the services necessary to maintain the reliable
operation of the system.
(2) The
contract clearly defines the responsibilities of the owner and the professional
operator of record.
(3) The
contract complies with the staffing requirements of paragraphs (C) to (E) of
rule
3745-7-03 of the Administrative
Code and paragraphs (C) to (D) of rule
3745-7-04 of the Administrative
Code.
(4) The
contracted
professional operator of record shall perform duties as identified in rule
3745-7-09 of the Administrative
Code.
(E)(D) The
director may
approve a
professional operator with a valid class III certificate to be the
professional operator of record for a class IV
public water system or class IV
treatment works for a period no longer than two years, if the class III
professional operator has applied for and received approval to take a class IV
examination in accordance with rule
3745-7-06 of the Administrative
Code and maintains a valid class III certificate for the duration of time for
which the
director grants approval in accordance with this paragraph. A
public
water system or
wastewater treatment works may only use this exemption for a
total of thirty months within a five-year period.
(F)(E) Upon request, the
director may approve an individual who passes the class I water supply
examination, but does not have the necessary experience, to be the
professional
operator of record for a class I
public water system with a
population of less
than two hundred fifty, provided the following conditions are met:
(1) The professional operator holds a valid
class A certificate.
(2) The
professional operator is a full time (forty hours per week) employee of the
facility where the public water system is located and has provided assistance
in the operation of the treatment system to the class I professional operator
of record for at least one year.
(3) The professional operator completes at
least three hours of training specific to the type of treatment being used by
the public water system and submits verification with the request.
(4) The public water system does not have an
active enforcement action or violations related to maximum contaminant levels,
treatment techniques, and monitoring or reporting within the last five
years.
(5) The professional
operator is prohibited from operating any other public water system.
(6) The professional operator remains a full
time employee of the facility during the time of the exemption.
(7) The professional operator complies with
the class I minimum staffing requirements.
(8) The
professional operator obtains twelve
contact hours every two years. At least six of those
contact hours
must
shall be
related to operation and maintenance, and at least three of those six hours
must
shall be
related to the specific treatment in operation at the
public water system.
The director shall withdraw the exemption if the public water
system or professional operator does not comply with requirements in paragraphs
(F)(1)
(E)(1)
to (F)(8)
(E)(8) of this rule.
(G) Upon request, the director may
approve an individual who passes the class I water supply examination, but does
not have the necessary experience, to be the professional operator of record
for a health care facility that purchases water from a public water system and
adds treatment for the control of Legionella provided the following conditions
have been met:
(1) The professional operator holds
a valid class A certificate.
(2) The professional operator is a
full time (forty hours per week) employee of the facility where the public
water system is located and has provided assistance in the operation of the
treatment system to the class I professional operator of record for at least
one year.
(3) The professional operator
completes at least three hours of training specific to the type of treatment
being used by the public water system and submits verification with the
request.
(4) The public water system does not
have an active enforcement action or violations related to maximum contaminant
levels, treatment techniques, and monitoring or reporting within the last five
years.
(5) The professional operator is
prohibited from operating any other public water system.
(6) The professional operator
remains a full time employee of the facility during the time of the
exemption.
(7) The professional operator
complies with the class I minimum staffing requirements.
(8) The professional operator
obtains twelve contact hours every two years. At least six of those contact
hours must be related to operation and maintenance, and at least three of those
six hours must be related to the specific treatment in operation at the public
water system.
The director shall withdraw the
exemption if the public water system or the professional operator does not
comply with requirements in paragraphs (G)(1) to (G)(8) of this
rule.
(H)(F) Nothing in this
rule shall preclude the
director from initiating action in accordance with
paragraph (E) of rule
3745-7-03 of the Administrative
Code or paragraph (D) of rule
3745-7-04 of the Administrative
Code.
Notes
Ohio Admin. Code
3745-7-02
Effective:
11/7/2024
Five Year Review (FYR) Dates:
8/14/2024 and
11/07/2029
Promulgated
Under: 119.03
Statutory
Authority: 119.03,
6111.46
Rule
Amplifies: 6111.46,
6109.04
Prior
Effective Dates: 02/01/1964, 04/17/1986, 09/13/1993, 01/01/1999, 02/12/2001,
12/21/2006, 02/23/2012, 10/30/2014,
08/15/2018
