Within thirty days of the effective date of this rule,
any person acting as a contracted professional operator or contract operations
company shall apply for approval as a contracted professional operator on a
form provided by the director prior to providing any professional operator
services. A person seeking to become a contracted professional operator or
contract operations company shall apply for approval at least thirty days prior
to initiating contract operations.
A sample contract which is
representative of the type of contracts that would be executed with facilities
shall be provided as part of the approval process. Contracts should include
language which at a minimum, addresses who is responsible and the minimum
expectations for all of the following:
Operation of the
Minimum staffing hours.
Maintenance (routine and preventative).
operators comply with the responsibilities of a professional operator in
accordance with this chapter.
correspondence from the agency including compliance letters, NPDES permits and
public water system monitoring schedules between the facility owner and the
contracted professional operator.
sampling for the facility.
contract operations companies or contracted professional operators shall comply
with the following:
Ensure that certified professional operators under
their employment comply with provisions of Chapters 3745., 6111., and 6109. of
the Revised Code and the rules promulgated thereunder.
If required by
the facility owner or agency, respond to emergencies within one hour of being
Provide an appropriately certified operator when the
operator of record listed for the facility is unavailable.
In a format
approved by the director, provide a report of the facilities that are
contracted to be operated by June thirtieth of each year. The report shall
include the following information:
system identification number or NPDES permit number.
Name and certification numbers of the certified
professional operators assigned to the facility differentiating the
professional operator of record and backup operators.
amount of time and days spent at each facility.
Maintain a copy
of the contracts onsite at the public water system or wastewater works for
inspection by Ohio EPA. Copies of contract kept onsite may have monetary
compensation redacted or as an attachment to the contract which does not need
to be available for review.
Maintain a copy
of the contract for a period of three years after the end date of the
Provide a copy of the contract within five days of a
request by Ohio EPA. Copies of the contract provided to Ohio EPA may have
monetary compensation redacted or as an attachment to the contract which does
not need to be provided.
Ensure that all relevant personnel including but not
limited to the owner and other professional operators associated with a
facility, are notified of written correspondence from or to the Ohio
The director may hold a contract operations company or
contract professional operator jointly and severally liable with a certified
professional operator in its employ if the certified professional operator
violates Chapters 3745., 6111. and 6109. of the Revised Code and the rules
promulgated thereunder and the director determines one or more of the
The contract operations company or contract professional
operator fails to take reasonable steps to comply with paragraph (B)(1) of this
rule or the contract operations company's or contract professional operator's
negligence or incompetence results in a violation of paragraph (B)(1) of this
rule. In making this determination, the director may consider the following
Repeated violations by one or more of the certified
professional operators in the employ of the contract operations company or
contract professional operator.
Any efforts to counsel, discipline, or adjust policies
or procedures to address any violations.
operations company or contract professional operator knew or should have known
of a certified professional operator violation and failed to take reasonable
steps to require the certified professional operator correct the violation
within a reasonable timeframe or failed to take reasonable steps to ensure the
violation does not occur again in the future.
Failure of the
contract operations company or contract operator to comply with or ensure their
employees comply with the provisions of Chapters 6111. and 6109. of the Revised
Code and the rules promulgated thereunder may result in the withdrawal of the
Ohio Admin. Code
Five Year Review (FYR) Dates: