(A) Responsibilities.
(1) Each person owning or operating a public
water system, except as provided for in paragraph (B) of this rule, shall
designate one or more
operator
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) to (G) of this rule.
(a) The owner and
professional operator of record of a public water
system shall notify the director of the identity of
an
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) to (G) 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
an
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) 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) to (G) 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
an
a professional
operator of record unless the director determines that
an
a
professional operator
of record is
necessary.
(C) 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) of this rule.
(D) 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
, and the contract is consistent 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.
(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.
(2) A copy of the contract is
maintained onsite at the public water system, treatment works or sewerage
system.
(4)
The contracted professional operator of record shall
perform duties as identified in rule
3745-7-09
of the Administrative Code.
(E) The director may approve
an
a
professional operator with a valid class III certificate to be the
professional operator of record
of
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
their
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
five-year period.
(F) 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
and 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 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 professional operator does not comply
with requirements in paragraphs (F)(1) to (F)(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
hour
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) 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:
8/15/2018
Five Year Review (FYR) Dates:
4/2/2018 and
08/15/2023
Promulgated
Under: 119.03
Statutory
Authority: 6109.04,
6111.46
Rule
Amplifies: 6111.46,
6109.04
Prior
Effective Dates: 02/01/64, 04/17/86, 09/13/93, 01/01/99, 02/12/01, 12/21/06,
02/23/12, 10/30/14