Current through all regulations passed and filed through December 16, 2024
(A)
A person seeking to
become a contracted professional operator or contract operations company shall
submit an
application for approval and a sample contract
representative of the type of contracts that would be executed with
facilities at least thirty days prior to initiating contract operations.
The sample contract shall include language which at a
minimum, addresses who is responsible and the minimum expectations for all of
the following:
(1) Operation of the
facility.
(2) Minimum staffing
hours.
(3) Emergency
operations.
(4) Maintenance
(routine and preventative).
(5)
Ensuring the operators comply with the responsibilities of a professional
operator in accordance with this chapter.
(6) Sharing of correspondence from the agency
including compliance letters, NPDES permits and public water system monitoring
schedules between the facility owner and the contracted professional
operator.
(7) Conducting all
sampling for the facility.
(B) All approved contract operations
companies or contracted professional operators shall comply with the following:
(1) 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.
(2) If required by the
facility owner or agency, respond to emergencies within one hour of being
notified.
(3) Provide an
appropriately certified operator when the operator of record listed for the
facility is unavailable.
(4) 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:
(b) Public water system
identification number or NPDES permit number.
(c) Classification of facility.
(d) Name and certification numbers of the
certified professional operators assigned to the facility differentiating the
professional operator of record and backup operators.
(e) The minimum amount of time and days spent
at each facility.
(5)
Maintain a copy of the contracts onsite at the public water system or
wastewater works for inspection by the agency. 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.
(6) Maintain a copy of the contract for a
period of three years after the end date of the contract.
(7) Provide a copy of the contract within
five days of a request by the agency. Copies of the contract provided to
the
agency may have monetary compensation redacted or as an attachment to the
contract which does not need to be provided.
(8) 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 agency.
(C) 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 following:
(1) 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 factors:
(a) Repeated violations by one or more of the
certified professional operators in the employ of the contract operations
company or contract professional operator.
(b) Patterns of violation.
(c) Any efforts to counsel, discipline, or
adjust policies or procedures to address any violations.
(d) Any other relevant factors.
(2) The contract 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.
(D) 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 director's
approval.