New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 5 - Drinking Water Supplies
Subpart 5-4 - Classification And Certification Of Community And Nontransient Noncommunity Water System Operators
Section 5-4.2 - Certification required

(1) Sections 5-4.1 through 5-4.8 of this Subpart shall be applicable to all CWS and NTNC, provided the system serves 15 or more service connections or serves 25 or more persons.

(2) Owners of all CWS and NTNC are required to place the direct supervision of their water system, including each treatment plant and/or the distribution system, under the responsible charge of a water treatment operator(s) holding a valid certification equal to or greater than that required for the classification of the treatment plant and/or distribution system as set forth in Table 5-4.2 of this section. (Population figures will be based on an average of four residents per dwelling unit, unless otherwise demonstrated by the supplier of water.) The owner is required to indicate to the State, within three months of the effective date of this regulation, who the operator(s) in responsible charge is for their facility. If this designation changes, the owner is required to submit written notification to the State within a period not to exceed one month with the information regarding the new operator(s) in responsible charge.

(3) All operating personnel making process control/system integrity decisions about water quality or quantity that effect public health must be appropriately certified as set forth below and be under the direction of an operator in responsible charge.

Table 5-4.2-Plant Classification/Operator Requirements- All water treatment processes must be in accordance with the acceptable methods of treatment outlined in sections 5-1.22 and 5-1.30 of this Part.

(4) A designated certified operator must be available during plant operation.

(5) The only grades certified to operate distribution systems are grade C for a distribution system that serves 1,000 people or less and grade D for distribution systems that serve greater than 1,000 people and/or purchasing water systems with responsibility for distribution of water only.

(1) Any person seeking certification shall submit an application on a form prescribed by the department including all of the information outlined in section 5-4.3 of this Subpart. Upon approval, the department will issue a certificate that specifies the operator grade consistent with the operator's qualifications as outlined in Table 5-4.3 of this Subpart.

(2) Certificates shall be valid for a period of three years unless revoked by the department prior to that time.

(3) Upon issuance of a certificate, the certified operator must inform the department, within 30 days, of any changes in address or employment.