Current through all regulations passed and filed through December 16, 2024
(A) Responsibilities.
(1) Each person owning or operating a public
water system, 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 (D) to (F) of this rule.
(a)
The owner,
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 (D) to (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)(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 (D) to (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) The certified
professional operator of record required by paragraph (A)
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 (C) of this
rule.
(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.
(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.
(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
shall be
related to operation and maintenance, and at least three of those six hours
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
(E)(1)
to (E)(8) of this rule.
(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.