Ohio Admin. Code 3745-7-09 - Recordkeeping requirements and responsibilities of owners, certified professional operators and certified professional operators of record
Current through all regulations passed and filed through September 3, 2021
Promulgated Under: 119.03
Statutory Authority: 6109.04, 6111.46
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 12/21/06, 02/23/12
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§ 3745-7-09. Recordkeeping requirements and responsibilities of owners, certified professional operators and certified professional operators of record
(A) The owner and professional operator of record of a public water system, treatment works or sewerage system shall maintain or cause to be maintained operation and maintenance records for each public water system, distribution system, water treatment plant within a public water system, sewerage system, treatment works, or wastewater treatment facility within a treatment works. Records shall be maintained in hard bound books with consecutive page numbering; well organized computer logs, which automatically document the date, time and person making the entry and prevent the erasure or deletion of data; or an equivalent methodology sufficient to record the information set forth in this rule and approved by the director to ensure authenticity and accuracy. Separate log books or computer programs meeting the requirements above may be maintained for operation and maintenance activities. Records regarding operation and maintenance shall meet the following requirements:
(1) The records shall be housed and maintained in such a manner as to be protected from weather damage and guarantee the authenticity and accuracy of the records contained within.
(2) The records shall be accessible onsite for twenty-four hour inspection by agency or emergency response personnel.
(3) At a minimum, the following information shall be recorded:
(a) Identification of the public water system, sewerage system, or treatment works.
(b) Date and times of arrival and departure in military time for the professional operator of record and any other professional operator required by this chapter. Failure to document times of arrival and departure shall constitute prima facie evidence that a violation of the minimum staffing requirements has occurred unless the professional operator can present evidence acceptable to the director to substantiate that the professional operator met minimum staffing requirements.
(c) Specific operation and maintenance activities that affect or have the potential to affect the quality or quantity of sewage or water conveyed, effluent or water produced.
(d) Results of tests performed and samples taken, unless documented on a laboratory or bench sheet.
(e) Performance of preventative maintenance and repairs or requests for repair of the equipment that affect or have the potential to affect the quality or quantity of sewage or water conveyed, effluent or water produced.
(f) Identification of the persons making entries.
(4) The records shall be kept up to date, contain a minimum of the previous three months of data at all times, and be maintained for at least three years.
(B) A certified professional operator shall do the following:
(1) Perform duties in a responsible and professional manner consistent with standard operating procedures and best management practices.
(2) Operate and maintain public water systems, sewerage systems, treatment works, and appurtenances so as not to endanger the health or safety of persons working in or around the facility, the public at large, or the environment due to negligence or incompetence.
(3) Report all instances of noncompliance with applicable regulations to the professional operator of record or facility supervisor.
(C) The duties of a professional operator of record shall include, but not be limited to, those outlined in paragraphs (B)(1) to (B)(3) of this rule and the following additional duties and responsibilities:
(1) Responsible and effective on site management and supervision of the technical operation of the public water system, treatment works, or sewerage system.
(2) Immediately notifying the permittee or owner of a public water system, sewerage system, or treatment works, and ensuring the agency and, if applicable, the local regulatory agency, is notified of items that require notification in accordance with Chapter 6109. or 6111. of the Revised Code, the rules adopted thereunder, or the facility's NPDES permit.
(3) Ensuring the recordkeeping requirements of this rule are being met.
(4) Each professional operator of record identified in accordance with rule 3745-7-02 of the Administrative Code and each certified professional operator acting as a backup for a facility identified in accordance with rule 3745-7-03 or rule 3745-7-04 of the Administrative Code, shall ensure that the facility's minimum staffing requirements are being met either by themselves or in conjunction with other professional operators working at the facility.
(5) Displaying a copy of the professional operator's valid certificate and renewal card for public examination at the treatment plant or principal office of the owner.
(6) Reporting minimum staffing times to the agency on a form approved by the director.
(D) In the event that there are issues related to paragraphs (A) to (C) of this rule that are within the area of responsibility of, but beyond a professional operator of record or a certified professional operator's ability to address, it shall be the responsibility of the professional operator of record or certified professional operator to document any efforts to rectify the problem.(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: 12/21/06, 02/23/12)