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Ohio Laws and Rules
Except as otherwise noted, the definitions in rule 3745-81-01 of the Administrative Code shall apply to this chapter.
(A) “Agency” means the Ohio environmental protection agency.
(B) “Available” means able to be contacted as needed twenty-four hours a day, seven days a week to make operational decisions in a timely manner.
(C) “Certified operator” means an individual with valid certification issued pursuant to this chapter.
(D) “Contact hours” means time spent by a certified operator in approved formal or informal training.
(E) “Council” means the operator certification advisory council as established in rule 3745-7-10 of the Administrative Code.
(F) “Director” means the director of the environmental protection agency or their duly authorized representative.
(G) “Field” means the field of practice for which an operator is certified. Water supply, water distribution, wastewater treatment, and wastewater collection are each fields of certification.
(H) “Management experience” means experience obtained while supervising, directing, or controlling the affairs associated with a public water system or treatment works. Such experience shall include, but not be limited to, being directly responsible for plant operations, supervising operating staff, and being responsible for personnel issues. Experience gained in the position of shift supervisor at a Class III or IV facility shall qualify as management experience.
(I) “NPDES” means national pollutant discharge elimination system.
(J) “One year” means two thousand eighty hours when referring to operating experience. This is equal to forty hours per week for fifty-two weeks. When referring to educational experience one year shall constitute at least thirty-six quarter hours or twenty-four semester hours.
(1) “Nine months” means fifteen hundred sixty hours when referring to operating experience.
(2) “Six months” means one thousand forty hours when referring to operating experience.
(K) “Operating experience” means time performing the day-to-day activities necessary to ensure the proper performance of the equipment or processes of a public water system, treatment works, or sewerage system. Experience for the water supply or water distribution examination may only be obtained at a public water system as defined in this rule.
(1) Types of experience related to a public water system, a treatment works, a water distribution system, or a sewerage system that qualify as operating experience include:
(a) Experience while in the military with providing potable water or wastewater treatment;
(b) On-site investigations and inspections of operations that require coordination of work with active treatment processes, collection, or distribution systems;
(c) Laboratory analyses if the analyses are conducted in the laboratory of the owner of a public water system, treatment works or sewerage system;
(d) Construction inspection and engineering design that require coordination of the inspection or design with the operation of the active treatment processes, collection, or distribution systems; and
(e) Industrial wastewater treatment.
(2) The following types of experience related to a public water system, a treatment works, a water distribution system, or a sewerage system qualify as operating experience but may count for no more than twenty five per cent of the operating experience requirement of each field:
(a) Sludge handling or hauling, if part of a treatment works; and
(b) On-site supervisory control and data acquisition (“SCADA”) systems monitoring.
(3) The following types of experience related to a public water system, a treatment works, a water distribution system, or a sewerage system shall not qualify as operating experience:
(a) Clerical duties;
(b) Commercial laboratory work;
(c) Sludge handling and hauling if not part of a treatment works;
(d) Academic research;
(e) Meter reading only;
(f) Experience as a laborer, if only responsible for mowing grass, painting tanks, etc.;
(g) Investigations and inspections of operations that do not require coordination of work with active treatment processes, collection, or distribution systems;
(h) Construction inspections and engineering design that do not require coordination of work with active treatment processes, collection, or distribution systems;
(i) Off-site monitoring of SCADA; and
(j) Septage hauling.
(L) “Operator of record” means an individual identified as being the on-site certified operator or one of the on-site certified operators responsible for the technical operation of:
(1) A public water system;
(2) A water treatment plant, if a public water system has more than one water treatment plant;
(3) A distribution system;
(4) A sewerage system;
(5) A treatment works; or
(6) A wastewater treatment facility, if a treatment works has more than one wastewater treatment facility.
(M) “Person” means any individual; corporation; company; association; partnership; the state; or any political subdivision, agency, institution, or instrumentality thereof; any interstate body created by compact; or the federal government or any department, agency, or instrumentality thereof.
(N) “Precipitative softening” means a series of processes to remove hardness using lime or any other chemicals to cause chemical precipitation prior to filtration.
(O) “Public water system” is defined as in paragraph (A) of section 6109.01 of the Revised Code.
(P) “Sewage sludge facility” is as defined in paragraph (A)(57) of rule 3745-40-01 of the Administrative Code.
(Q) “Sewerage system” is as defined in paragraph (E) of section 6111.01 of the Revised Code.
(R) “Technical operation” means the act of making process control or system integrity decisions which directly impact the quality or quantity of water or effluent.
(S) “Treatment works” is as defined in paragraph (F) of section 6111.01 of the Revised Code.
(T) “Visit” means a period of time when a person is on-site at a public water system, treatment works, or sewerage system that is sufficient to perform routine sampling (e.g. flow, chlorine residual, and pH measurements), maintenance, and observation of a public water system, sewerage systems, or treatment works in order to ensure compliance and proper operation.
(U) “Wastewater” means water containing sewage, industrial waste, or other wastes.
(V) “Wastewater collection system” shall mean “sewerage system” as defined in paragraph (E) of section 6111.01 of the Revised Code.
(W) “Water treatment plant” means any type of equipment, device, treatment unit, or structure that in some way alters the physical, chemical, or microbiological quality of the water, excluding booster chlorination facilities within the distribution system. A public water system may be comprised of more than one water treatment plant.
(X) “Wastewater treatment facility” is as defined in paragraph (QQ) of rule 3745-33-01 of the Administrative Code. A treatment works may be comprised of more than one wastewater treatment facility.
[Comment: The term “operator of record” has replaced “operator in responsible charge”. Any reference to “operator in responsible charge” in other rules of the Administrative Code shall hereafter be interpreted to mean “operator of record.” References to “operator in responsible charge” in other rules will be updated during the next scheduled rule review.]
Replaces: Former 3745-7-01
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Section 6111.46, 6109.04(C)(1)(b)
Rule Amplifies: RC Section 6111.46, 6109.04(C)(1)(b)
Prior Effective Dates: 02/01/64, 04/17/86, 01/01/99
(A) Responsibilities.
(1) Each person owning or operating a public water system, except as provided for in paragraph (B) or (E) of this rule, shall designate one or more operator 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 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.
(a) The owner of a public water system shall notify the director of the identity of an operator of record in the event of a change in such position.
(b) Notification shall be made on a form acceptable to the director within three days of a change in an operator of record.
(2) Each person owning or operating a treatment works or sewerage system, except as provided for in paragraph (E) of this rule, shall designate one or more operator of record to oversee the technical operation of the treatment works, sewerage system, or each wastewater treatment facility. Each 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 of a treatment works or sewerage system shall notify the director of the identity of an operator of record in the event of a change in such position.
(b) Notification shall be made on a form acceptable to the director within three days of a change in an operator of record.
(B) Transient noncommunity public water systems serving populations of two hundred fifty or fewer are not required to place the technical operation of such a public water system under an operator of record unless the director determines that a serious public health or environmental hazard is associated with the operation of the system.
(C) The certified operator required by paragraphs (A) or (B) 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 (D) of this rule.
(D) Owners of public water systems, sewerage systems, or treatment works may enter into a contract for the services of one or more appropriately certified operators to serve as the operator of record provided that:
(1) The contract requires that the certified operator be available to respond to emergencies, and provide the services necessary to maintain the reliable operation of the system, and the contract is consistent with the requirements of paragraphs (C) to (E) of rule 3745-7-03 of the Administrative Code and paragraphs (C) to (E) of rule 3745-7-04 of the Administrative Code; and
(2) A copy of the contract is maintained onsite at the public water system, treatment works, or sewerage system.
(E) The director may approve an operator with a valid class III certificate to be the operator of record of a class IV public water system or class IV treatment works for a period no longer than two years, if the class III 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 their class III certificate for the duration of time for which the director grants approval in accordance with this paragraph.
(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.
Replaces: Former 3745-7-02
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 9/13/93, 1/1/99, 2/12/01
Each public water system or water treatment plant and distribution system within a public water system, except transient noncommunity public water systems serving populations of two hundred or fewer, shall be classified in accordance with this rule. Said public water systems and water treatment plants shall be classified as a class A, I, II, III, or IV public water system or a class I or II distribution system and shall provide the minimum staffing required for that classification of system.
(A) Applicability.
(1) Beginning on the effective date of this rule, all new public water systems or water treatment plants and distribution systems within a public water system shall be classified in accordance with this rule and shall be staffed in accordance with paragraph (C) of this rule by either an operator of record pursuant to paragraph (A)(1) of rule 3745-7-02 of the Administrative Code or a backup operator pursuant to paragraphs (C)(2)(d) and (C)(2)(e) of this rule.
(2) Public water systems or water treatment plants and distribution systems within a public water system which have been previously classified shall maintain the same level of classification and staffing as that on the effective date of this rule until such time as a substantial change to the public water system is approved in accordance with Chapter 3745-91 of the Administrative Code or until July 1, 2009, whichever date is earlier. The public water system or water treatment plant and distribution system within a public water system shall then be classified and staffed by either an operator of record pursuant to paragraph (A)(1) of rule 3745-7-02 of the Administrative Code or a backup operator pursuant to paragraphs (C)(2)(d) and (C)(2)(e) of this rule.
(3) The owner of a public water system may request that the director reclassify the facility in accordance with the provisions of this rule at any time.
(B) Classification.
(1) A public water system or water treatment plant and distribution system within a public water system shall be classified in accordance with paragraphs (B)(2) to (B)(4) of this rule based on the approved design flow, degree of risk to public health or the environment, and the complexity of the treatment plant operation.
(a) The classification of a particular public water system or water treatment plant and distribution system within a public water system may change when there are system changes that affect the quality of the source, the complexity of treatment or the distribution system, the population served, or potential public health hazards.
(b) The director shall issue a certificate to each public water system indicating the classification of each water treatment plant and distribution system within the system. The owner shall display each certificate for public examination at the water treatment plant or principal office of the public water system.
(c) After a public water system or water treatment plant and distribution system within a public water system is classified in accordance with paragraphs (A)(1) and (A)(2) of this rule, if the director changes the classification, the owner of the public water system or water treatment plant shall have up to twelve months to meet the staffing requirements in paragraph (C) of this rule for the new classification.
(2) Distribution system.
(a) The director shall classify as a class I water distribution system:
(i) The distribution system of each public water system if the system serves a population of less than twenty-five thousand per day and is not part of a class A public water system as defined in paragraph (B)(3) of this rule; and
(ii) Each public water system that consists solely of a distribution system if the system serves a population of less than twenty-five thousand per day and is not part of a class A public water system as defined in paragraph (B)(3) of this rule.
(b) For distribution systems that are not classified as a class I water distribution system under paragraph (B)(2)(a) of this rule and are not part of a class A public water system as defined in paragraph (B)(3) of this rule, the director shall classify the distribution system of each public water system and each public water system that consists solely of a distribution system as a class II water distribution system.
(3) A public water system shall be classified as a class A public water system when the public water system meets all of the following criteria:
(a) Is a community or nontransient noncommunity public water system that serves a population of no more than two hundred fifty, or a transient noncommunity public water system that serves a population greater than two hundred fifty;
(b) Uses only purchased water or a ground water source;
(c) Does not provide precipitative softening or treat for a chemical contaminant to meet a maximum contaminant level as defined in rule 3745-81-01 of the Administrative Code; and
(d) Has no serious public health or environmental hazard associated with the operation of the public water system.
(4) Unless classified as a Class A public water system according to paragraph (B)(3) of this rule, public water systems shall be classified according to the criteria in the following table:
Classification of class I, II, III, and IV public water systems
System characteristics Design flow* Classification
1. Surface water treatment, excluding slow sand filtration More than 5.0 MGD Class IV 5.0 MGD or less Class III
2. Slow sand filtration surface water treatment All Class II
3. Ground water treatment to remove any chemical contaminant with a maximum contaminant level (arsenic, nitrate, etc.) -or- precipitative softening ground water treatment More than 5.0 MGD Class III 0.5 to 5.0 MGD Class II Less than 0.5 MGD Class I
4. Ground water treatment for any contaminant with a secondary maximum contaminant level\a\ or that only involves adding a disinfectant, but in either case excluding precipitative softening ground water treatment More than 5.0 MGD Class III 2.5 to 5.0 MGD Class II Less than 2.5 MGD Class I
5. Public water systems meeting the criteria of paragraphs (B)(3)(a) to (B)(3)(c) but not paragraph (B)(3)(d) of this rule not applicable Class I
\a\ “Secondary maximum contaminant level” is as defined in rule 3745-82-01 of the Administrative Code.
(C) Staffing.
(1) An operator of record shall, at a minimum, be physically present at the public water system and fulfill the time requirements in the following table and perform technical operation as assigned by the owner of a public water system or their designee.
Minimum staffing requirements for an operator of record
System classification Staffing requirement
Class A without treatment At least 30 minutes per week.
Class A with treatment 2 days per week for a minimum of 1 hour per week.
Class I 3 days per week for a minimum of 1.5 hours per week.
Class II 5 days per week for a minimum of 20 hours per week.
Class III and IV 5 days per week for a minimum of 40 hours per week.
(2) Exceptions.
(a) An operator of record of a distribution system shall not be required to meet the minimum staffing requirements in paragraph (C)(1) of this rule.
(b) During periods when the public water system is not producing or treating water it shall not be necessary to meet the staffing requirements in paragraph (C)(1) of this rule.
(c) Upon application by the owner of the system and the director’s approval of the system operating plan described in paragraph (C)(2)(c)(i), the director shall reduce the minimum staffing requirement for the operator of record of a class II, III, or IV public water system to no less than five days a week for a minimum of ten hours per week. However, the director shall not grant a reduction to a public water system where an operator of record cannot respond to operational problems within one hour. Nor will the director grant a reduction to a public water system that has a history of noncompliance with maximum contaminant levels, treatment techniques, sampling, reporting, or any other violations related to the public water system; or a public water system under formal enforcement.
(i) Public water systems shall submit an operating plan for their system as part of the application for a staffing reduction. The operating plan shall include a description of the level of automation and continuous monitoring at the facility, a standard operating procedure for any such automation or continuous monitoring equipment, and a detailed operations schedule showing the number of operators, their certification level, and the number of hours spent at the public water system. Reductions in minimum staffing for the operator of record may be granted in accordance with the criteria in tables A and B below, either singly or in combination, based on the information provided in the system’s operating plan. In no case shall a reduction of greater than thirty hours per week be granted for a class III or IV facility and ten hours per week for a class II facility.
Table A: Reductions in minimum operator of record staffing based on facility staffing levels
Operator of record staffing may be reduced by 5 hours per week if:
Operator of record staffing may be reduced by 10 hours per week if:
Operator of record staffing may be reduced by 15 hours per week if:
Operator of record staffing may be reduced by 20 hours per week if:
Plant staffing at class III or IV water treatment plants
There is another operator certified at a level no more than 2 classes below that of the public water system onsite at the water treatment plant 2 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the public water system onsite at the water treatment plant 4 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the public water system onsite at the water treatment plant 6 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the public water system onsite at the water treatment plant 8 hours per day 5 days per week
Plant staffing at class II water treatment plants
There is a class I operator onsite at the water treatment plant 3 hours per day 5 days per week
There is a class I operator onsite at the water treatment plant 4 hours per day 5 days per week Not applicable Not applicable
Table B: Reductions in minimum operator of record staffing based on level of automation or continuous monitoring
Operator of record staffing may be may be reduced by 10 hours per week if:
Operator of record staffing may be reduced by 15 hours per week if:
Operator of record staffing may be reduced by 20 hours per week if:
Operator of record staffing reduced by 5 hours per week if:
Automation or continuous monitoring at class II, III or IV plants
The water treatment plant has supervisory control and data acquisition (“SCADA”) for MCL and treatment technique monitoring (i.e. turbidity, pH, flow, chlorine residual)
The water treatment plant is automated with continuous monitoring
The water treatment plant is automated with continuous monitoring; The water treatment plant must also have personnel onsite at the water treatment plant or an electronic notification system that notifies the operator of record when there are problems with the water treatment plant
The water treatment plant is automated with continuous monitoring and an electronic notification system or certified operators on each shift that will notify the operator of record when there are problems with the water treatment plant;
The water treatment plant must also have the ability to be operated remotely or have a certified operator respond within 30 minutes
(ii) Any change in the circumstances under which the reduction was approved will require that the system immediately return to compliance with the minimum staffing requirements in paragraph (C)(1) of this rule. This provision shall not preclude a public water system from submitting a modified operating plan.
(d) The operator of record of a class II, III, or IV public water system or class II water distribution system may be replaced by a backup operator with a certificate one classification lower than the public water system’s classification for a period of up to thirty consecutive days. The use of this provision does not require notification to the agency.
(e) Upon proper justification, such as military leave or long term illness, the director may authorize the replacement of the operator of record for a class II, III, or IV public water system or class II water distribution system by a backup operator with a certificate one classification lower than the facility for a period of greater than thirty consecutive days. Such requests shall be made in writing to the district office in which the system is located.
(D) Additional staffing requirements.
(1) The operator of record of the public water system or backup operator authorized under paragraphs (C)(2)(d) and (C)(2)(e) of this rule shall be available during all periods of public water system operation.
(2) Daily visits to all public water systems classified in accordance with this rule shall be performed by the owner, supplier, or his representative or agent seven days per week and noted in the operational and maintenance records required by rule 3745-7-09 of the Administrative Code. Daily visits shall not be necessary when the public water system is not in operation.
(3) A limited class A operator as defined in rule 3745-7-08 of the Administrative Code holds a facility-specific certificate and may not operate any other facilities or transfer the certificate to a different facility.
(E) The classification of an operator of record, and the numbers of days per week and hours per week for staffing requirements specified in paragraph (C) of this rule are minimum requirements. In order to protect public health and welfare and based on specific circumstances at a public water system, the director may require a public water system to be operated by an operator of record with a higher classification than the minimum requirement, or may require one or more operator of record to visit a public water system or water treatment plant and distribution system within a public water system more frequently and for more hours per week than the minimums required by this rule.
Replaces: Former 3745-7-03
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC 6109.04(C)(1)(b)
Rule Amplifies: RC 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99, 2/12/01
In accordance with this rule, all treatment works, sewerage systems, or wastewater treatment facilities within a treatment works shall be classified as a class A, I, II, III, or IV treatment works or class I or II sewerage systems and shall provide the minimum staffing required for that classification of wastewater treatment facility. Industrial wastewater treatment plants shall be classified in accordance with paragraph (B)(3)(c) of this rule.
(A) Applicability.
(1) All treatment works, sewerage systems, or wastewater treatment facilities within a treatment works shall maintain the same level of classification and staffing as that on the effective date of this rule until subject to the requirements of paragraph (A)(2) of this rule, except that the classification requirements in paragraph (B)(1)(b) of this rule shall become effective on the effective date of this rule.
(2) Beginning two years after the effective date of this rule the classification and staffing requirements in paragraphs (B)(1)(a), (B)(2), and (C) of this rule shall be incorporated into all new or renewed NPDES permits. The staffing requirements in paragraph (C) shall be fulfilled by either an operator of record pursuant to paragraph (A)(1) of rule 3745-7-02 of the Administrative Code or a backup operator pursuant to paragraphs (C)(3)(c) and (C)(3)(d) of this rule.
(3) The owner of a treatment works or sewerage system may request that the director reclassify the facility in accordance with the provisions of this rule at any time.
(4) One, two, and three family dwellings with household sewage treatment systems shall be excluded from the requirements of this rule.
(B) Classification
(1) Sewerage systems
(a) Each sewerage system that is a tributary to a class I treatment works shall be classified as a class I sewerage system. Each sewerage system that is a tributary to a class II, III, or IV treatment works shall be classified as a class II sewerage system.
(b) Each sewerage system for which an NPDES permit has been issued by the director, other than those sewerage systems described in paragraph (B)(1)(a) of this rule, shall be classified as a class II sewerage system.
(2) Treatment works.
(a) Treatment works classification shall be based on design flow of the treatment works and the final effluent limits for the treatment works for monthly average concentrations of carbonaceous biochemical oxygen demand, total suspended solids, and summer month ammonia nitrogen designated in the treatment works’ NPDES permit.
(b) Class A, I, II, III, and IV treatment works shall be classified according to the following tables:
Classification of treatment works where one or more of the final effluent limits for monthly average concentration is less than or equal to: 10 mg/L carbonaceous biochemical oxygen demand, 12 mg/L total suspended solids, or 1 mg/L ammonia nitrogen
Design Flow Classification
Less than or equal to 0.025 MGD Class A
Greater than 0.025 MGD but less than 0.15 MGD Class I
0.15 MGD to less than 1.0 MGD Class II
1.0 MGD to less than 5.0 MGD Class III
5 MGD and above Class IV
Classification of treatment works where all of the final effluent limits for monthly average concentration are greater than: 10 mg/L carbonaceous biochemical oxygen demand, 12 mg/L total suspended solids, or 1 mg/L ammonia nitrogen
Design Flow Classification
Less than or equal to 0.025 MGD Class A
Greater than 0.025 MGD but less than 0.25 MGD Class I
0.25 MGD to less than 2.0 MGD Class II
2.0 MGD to less than 7.5 MGD Class III
7.5 MGD and above Class IV
(3) The director may classify the following types of treatment works as Class A, I, II, III, or IV treatment works. The classification may be included in a permit-to-install or NPDES permit issued to the treatment works:
(a) Treatment works that do not discharge to waters of the state;
(b) Sewage sludge treatment works;
(c) An industrial water pollution control facility that is operated as an activated sludge treatment works. For the purposes of this chapter activated sludge treatment works means a treatment works that produces an activated mass of microorganisms capable of stabilizing waste aerobically; and
(d) Other treatment works.
(4) The director may change the classification of a particular treatment works or sewerage system. Factors the director may consider include, but are not limited to, the complexity of treatment, downstream use designation as defined in Chapter 3745-1 of the Administrative Code, wet weather capacity problems, pretreatment program complexity, sewage sludge management complexity, past and present compliance with NPDES permit requirements, or potential public health or environmental risks.
(5) After a treatment works or sewerage system is classified in accordance with paragraph (B) of this rule, if the director changes the classification, the permittee shall have up to twelve months to meet the requirements in paragraph (C)(1) of this rule for the new classification.
(C) Staffing.
(1) The operator of record shall, at a minimum, be physically present at the treatment works and fulfill the time requirements in the following table and perform technical operation as assigned by the permittee of the treatment works.
Minimum staffing requirements for the operator of record
System classification Staffing requirement
Class A 2 days per week for a minimum of 1 hour per week
Class I 3 days per week for a minimum of 1.5 hours per week
Class II 5 days a week for a minimum of 20 hours per week
Class III and IV 5 days a week for a minimum of 40 hours per week
(2) Exceptions
(a) An operator of record of a sewerage system is not required to meet the minimum staffing requirements in paragraph (C)(1) of this rule.
(b) Upon application by the permittee and the director’s approval of the operating plan described in paragraph (C)(2)(b)(i) of this rule, the director shall reduce the minimum staffing requirement for an operator of record of a class II, III, or IV treatment works to no less than five days a week for a minimum of ten hours per week. However, the director shall not grant a reduction to a treatment works where an operator of record cannot respond to operational problems within one hour. Nor will the director grant a reduction to a treatment works that has a history of noncompliance with sampling, reporting, effluent limits or any other violations related to the treatment process, including but not limited to, grit removal, primary clarification, aeration, secondary clarification, filtration, sludge, or biosolids handling. The director also shall not grant a reduction to a treatment works under formal enforcement excluding enforcement related to combined sewer overflows or sanitary sewer overflows.
(i) Treatment works shall submit an operating plan for their facility as part of the application for a staffing reduction. The operating plan shall include a description of the level of automation and continuous monitoring at the facility, a standard operating procedure for any such automation or continuous monitoring equipment, and a detailed operations schedule showing the number of operators, their certification level, and the number of hours spent at the treatment works. Reductions in minimum staffing for the operator of record may be granted in accordance with the criteria in tables A and B below, either singly or in combination, based on the information provided in the wastewater treatment facility’s operating plan. In no case shall a reduction of greater than thirty hours per week be granted to a class III or IV facility and ten hours per week for a class II facility.
Table A: Reductions in minimum operator of record staffing based on wastewater treatment facility staffing levels
The operator of record staffing may be reduced by 5 hours per week if:
The operator of record staffing may be reduced by 10 hours per week if:
The operator of record staffing may be reduced by 15 hours per week if:
The operator of record staffing may be reduced by 20 hours per week if:
Plant staffing at class III and IV wastewater treatment facilities
There is another operator certified at a level no more than 2 classes below that of the treatment works or sewerage system onsite at the wastewater treatment facility 2 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the treatment works or sewerage system onsite at the wastewater treatment facility 4 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the treatment works or sewerage system onsite at the wastewater treatment facility 6 hours per day 5 days per week
There is another operator certified at a level no more than 2 classes below that of the treatment works or sewerage system onsite at the wastewater treatment facility 8 hours per day 5 days per week
Plant staffing at class II wastewater treatment facilities
There is a class I operator onsite at the wastewater treatment facility 3 hours per day 5 days per week
There is a class I operator onsite at the wastewater treatment facility 4 hours per day 5 days per week
Not applicable
Not applicable
Table B: Reductions in minimum operator of record staffing based on level of automation or continuous monitoring
The operator of record staffing may be reduced by 5 hours per week if:
The operator of record staffing may be reduced by 10 hours per week if:
The operator of record staffing may be reduced by 15 hours per week if:
The operator of record staffing may be reduced by 20 hours per week if:
Automation or continuous monitoring at class II, III and IV wastewater treatment facilities
The wastewater treatment facility has supervisory control and data acquisition (“SCADA”) equipment for monitoring permit requirements (flow, pH, chlorine residual, turbidity, dissolved oxygen, temperature)
The wastewater treatment facility is automated with continuous monitoring
The wastewater treatment facility is automated with continuous monitoring; the wastewater treatment facility must also have personnel onsite at the facility or an electronic notification system that notifies the operator of record when there are problems with the wastewater treatment facility
The wastewater treatment facility is automated with continuous monitoring and an electronic notification system or certified operators on each shift that will notify the operator of record when there are problems with the wastewater treatment facility; the wastewater treatment facility must also have the ability to be operated remotely or have a certified operator respond within thirty minutes
(ii) Any change in the criteria under which the reduction was approved will require that the treatment works immediately return to compliance with the minimum staffing requirements in paragraph (C)(1) of this rule. This provision shall not preclude a treatment works from submitting a modified operating plan.
(c) The operator of record for a class II, III, or IV treatment works or class II sewerage system may be replaced by a backup operator with a certificate one classification lower than the treatment works or sewerage system for a period of up to thirty consecutive days. The use of this provision does not require notification to the agency.
(d) Upon proper justification, such as military leave or long term illness, the director may authorize the replacement of the operator of record for a class II, III, or IV treatment works or class II sewerage system by a backup operator with a certificate one classification lower than the facility for a period of greater than thirty consecutive days. Such requests shall be made in writing to the appropriate district office.
(3) Additional staffing requirements.
(a) The operator of record or backup operator allowed under paragraphs (C)(2)(c) and (C)(2)(d) of this rule shall be available during all periods of treatment works operation.
(b) Daily visits to all treatment works shall be performed by the permittee, his representative, or agent five days a week and noted in the operational and maintenance records required by rule 3745-7-09 of the Administrative Code. Daily visits shall not be necessary when the treatment works is not in operation.
(c) A limited class A operator holds a facility-specific certificate and may not operate any other facilities or transfer the certificate to a different facility.
(D) The classification of the operator of record, and the numbers of days per week and hours per week for staffing requirements specified in paragraph (C) of this rule are minimum requirements. In order to protect public health and welfare and based on specific circumstances at a treatment works or sewerage system, the director may require a treatment works or sewerage system to be operated by an operator of record with a higher classification than the minimum requirement, or may require an operator of record to visit a treatment works or sewerage system more frequently and for more hours per week than the minimums required by this rule.
Replaces: Former 3745-7-04
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Section 6111.46
Rule Amplifies: RC Section 6111.46
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99
(A) The following are classifications for which operators may be certified under this chapter:
(1) Public water system operator A (class A water supply operator);
(2) Public water system operator I (class I water supply operator);
(3) Public water system operator II (class II water supply operator);
(4) Public water system operator III (class III water supply operator);
(5) Public water system operator IV (class IV water supply operator);
(6) Water distribution operator I (class I water distribution operator);
(7) Water distribution operator II (class II water distribution operator);
(8) Treatment works operator A (class A wastewater works operator);
(9) Treatment works operator I (class I wastewater works operator);
(10) Treatment works operator II (class II wastewater works operator);
(11) Treatment works operator III (class III wastewater works operator);
(12) Treatment works operator IV (class IV wastewater works operator);
(13) Sewerage system operator I (class I wastewater collection operator); and
(14) Sewerage system operator II (class II wastewater collection operator).
(B) The certification of any individual to operate a particular class of public water system, sewerage system, or treatment works shall also authorize such individual to be the operator of record of any other public water system, sewerage system, or treatment works as indicated in the tables below.
Public water systems: If an operator holds a certification of the level below they may be the operator of record of those public water systems marked with an “X” below:
Classification of system
Class A water supply operator
Class I water distribution operator
Class II water distribution operator
Class I water supply operator
Class II water supply operator
Class III water supply operator
Class IV water supply operator
Class A public water system/water distribution x x x x x x x
Class I water distribution x x x x x x
Class II water distribution x x x x
Class I public water system x x x x
Class II public water system x x x
Class III public water system x x
Class IV public water system x
Sewerage systems and treatment works: If an operator holds a certification of the level below they may be the operator of record of those sewerage systems or treatment works with the classifications marked with an “X” below:
Classification of facility
Class A wastewater works operator
Class I wastewater collection operator
Class II wastewater collection operator
Class I wastewater works operator
Class II wastewater works operator
Class III wastewater works operator
Class IV wastewater works operator
Class A sewerage system/ treatment works x x x x x x x
Class I sewerage system x x x x x x
Class II sewerage system x x x x
Class I treatment works x x x x
Class II treatment works x x x
Class III treatment works x x
Class IV treatment works x
(C) Operators of record of a public water system, sewerage system, of treatment works, shall display a copy of their certificate for public examination at the treatment plant or principal office of the owner.
Replaces: Former 3745-7-05
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99, 2/12/01
The director shall, in accordance with this chapter, provide for the examination of individuals applying for certification as operators and the issuance of appropriate certificates to applicants who meet the appropriate requirements and pass the appropriate examination.
(A) Application.
(1) Applicants for examination and certification shall submit an application on a form provided by the director. The completed application and appropriate fees as set forth in section 3745.11 of the Revised Code shall be submitted at least ninety calendar days prior to the date on which the examination is scheduled.
(2) When required by the council, it will be the responsibility of the applicant to furnish additional documentation to the agency to verify information provided on the application.
(3) Any applicant who submits incomplete, false, or incorrect information on the application shall be disqualified from taking the examination as set forth in rule 3745-7-18 of the Administrative Code.
(B) To be eligible for examination in accordance with this chapter the applicant shall fulfill the requirements of paragraphs (B)(1) to (B)(6):
(1) Not have been convicted of, or plead guilty to, a criminal charge involving falsification, fraud, or terrorism;
(2) At the time of application and prior to the examination date, not had any of their Ohio operator certifications revoked or have a certification under suspension;
(3) Not have an operator certificate from any other state currently revoked or under suspension;
(4) Have a high school diploma or the equivalent;
(a) Documentation of successfully passing the general education development test or a statement of high school equivalence shall be accepted in lieu of a high school diploma.
(b) Completion of a vocational training program in the field of application may be accepted in lieu of a high school diploma;
(5) Have the ability to:
(a) Read and understand sections 6109. and 6111. of the Revised Code and the rules adopted thereunder;
(b) Perform mathematical calculations required to operate in the field for which certification is being sought; and
(c) Complete and maintain records and regulatory reporting forms required to document the proper operation of a public water system, treatment works, or sewerage systems.
(6) Have operating experience related to the field for which the application is being considered in accordance with the minimums in tables A and B below.
Table A: Operating experience required until July 1, 2007
Certification Operating experience required
Class A See paragraph (B)(6)(c) of this rule
Class I 1 year
Class II 3 years
Class III 5 years
Class IV See paragraph (C)(2) of this rule
Table B: Operating experience required on or after July 1, 2007
Certification Operating experience required
Class A See paragraph (B)(6)(c) of this rule
Class I 1 year
Class II 3 years
Class III 5 years experience including at least 1 year of experience as a
Class II certified operator in the same field
Class IV See paragraph (C)(2) of this rule
(a) The director may accept post high school education or training in place of operating experience in qualifying for examination under this rule. However, except as provided in paragraph (B)(6)(c) of this rule, all applicants for examination are required to have at least one year of operating experience by the date of the scheduled examination in the type of system for which certification is sought unless waived in accordance with rule 3745-7-07 of the Administrative Code.
(b) Applicants are required to describe in detail their experience in operating water and wastewater treatment facilities.
(c) To be eligible to take the class A examination for certification, applicants shall have education and operating experience in accordance with the chart below:
Education and experience requirements for class A operators
Years of education Amount of experience required
High school diploma or equivalent 1 year*
Associate’s degree 9 months*
Bachelor’s degree 6 months
(C) Alternative eligibility requirements
(1) An applicant for a class II or class III public water or wastewater examination or for a class II water distribution or wastewater collection examination, who is certified at the same or a higher classification in the other field, may be granted a fifty per cent reduction in actual operating experience requirements in the field applied for, on the basis of operating experience obtained in the other field, except that a minimum of one year of actual operating experience in the field applied for is still required.
(2) Applicants for class IV certification shall have possessed a valid class III certification in the field for which the application is submitted for a minimum of three years, with two of those years consisting of management experience at a class III or IV facility in the field for which the application is submitted.
(3) For applicants applying before July 1, 2007 for examination for certification at levels above class I:
(a) The operating experience requirement to take the examination for operator certification is reduced by four years, if an applicant holds a bachelor’s degree in environmental, chemical, or civil engineering, or a physical or natural science from a four-year accredited institution. However, documented completion of at least one year of operating experience is still required for certification.
(b) The director may accept substitution of each year of college completed by an applicant, not holding a bachelor’s degree, for one year of required operating experience. Substitution shall only be granted provided that the applicant was pursuing a degree in environmental, chemical, or civil engineering, or a physical or natural science. However, documented completion of at least one year of operating experience is still required for certification.
(c) The director may accept an applicant’s completed courses pertaining to drinking water or wastewater as a substitute for experience on a case-by-case basis. The director may publish a list of courses that have been approved for substitution of experience. However, documented completion of at least one year of operating experience is still required for certification.
(4) For applicants applying on or after July 1, 2007, the director may allow the following reductions in the operating experience requirement for examination for certification at levels above class I. However, documented completion of at least one year of operating experience in the field for which they are applying is required to be certified as a Class II operator. Similarly, documented completion of at least one year operating experience in the field for which an applicant has applied and an additional twelve months operating experience as a class II operator in the field for which an applicant has applied is required to be eligible to take the class III examination.
(a) The operating experience requirement to take the examination for class II operator certification is reduced by two years if an applicant holds:
(i) A bachelor’s degree from a four-year accredited institution in environmental, chemical, or civil engineering or a physical or natural science; or
(ii) A two year technical degree in the field of water or wastewater treatment.
(b) The operating experience requirement to take the examination for class III operator certification is reduced by three years if an applicant holds a bachelor’s degree from a four-year accredited institution in environmental, chemical, or civil engineering or a physical or natural science.
(c) The director may accept substitution of each year of college completed by an applicant, not holding a bachelor’s degree, for one year of required operating experience. Substitution shall only be granted provided that the applicant was pursuing a degree in environmental, chemical, or civil engineering, or a physical or natural science.
(d) The director may accept an applicant’s completed courses pertaining to drinking water or wastewater as a substitute for experience when applying for examination for class II or III operator certification on a case-by-case basis. The director may publish a list of courses that have been approved for substitution of experience.
(e) An applicant who passes the examination before showing the required operating experience shall be an operator in training, subject to the conditions of paragraph (C) of rule 3745-7-07 of the Administrative Code.
(D) An applicant who does not meet the required operating experience in paragraph (B)(6) of this rule may take the examination in accordance with the provisions in rule 3745-7-07 of the Administrative Code.
(E) Applicants who do not meet the examination prerequisites in the classification for which they requested certification may be permitted, without re-applying, to take an examination in a lower classification for which they do meet the prerequisites.
(F) Exam format.
(1) The examinations for each classification shall be in a format accepted by the director. Alternate examination methods may be accepted by the director if an applicant has a disability that would prevent them from taking the standard examination.
(2) The director shall establish and publish criteria for exams and the associated score necessary to pass the exams.
Replaces: Former 3745-7-06
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99, 2/12/01
The director may allow an applicant to defer completion of the onsite operating experience requirements for their classification of certificate required by rule 3745-7-06 of the Administrative Code until after successfully passing the examination for certification. Such applicants shall be designated as”operators in training” after successfully passing the examination until such time as they fulfill the onsite operating experience requirements.
(A) Applicability
(1) Before July 1, 2007 applicants for examination as a class A, I, II, or III operator may be permitted to take the examination for that classification as an operator in training.
(2) On or after on July 1, 2007 eligibility for operator in training status shall be limited to applicants for the class A, I, or II examination.
(B) Eligibility requirements for examination and designation as an operator in training are the same as the prerequisites in rule 3745-7-06 of the Administrative Code, except that the director may waive the onsite operating experience requirement in public water systems, sewerage systems, or treatment works until after the applicant has successfully passed the examination.
(C) Additional requirements.
(1) An operator in training shall complete the operating experience requirement within four years of passing the examination for which they applied.
(a) Persons who are operators in training on the effective date of this rule shall have three years from the effective date of this rule to obtain the amount of operating experience that was required at the time the exam was passed.
(D) Upon successfully completing the actual onsite operating experience requirements of rule 3745-7-06 of the Administrative Code, the applicant shall be certified by the director as an operator in the classification for which they applied, subject to verification by the council.
Replaces: Former 3745-7-07
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99, 2/12/01, 2/18/02
(A) A limited certificate may be issued to an existing operator at a class A public water system. This limited certificate is site specific and is not transferable. To obtain limited certification, the owner and the operator(s) of the class A system must have submitted an application by February 12, 2003. To qualify for limited certification, the operator(s) must have been designated by the owner of the water system to make decisions regarding the daily operational activities of the specific class A system for at least the twelve month period immediately preceding the date the complete application is postmarked. Operators holding limited certification(s) must meet all renewal requirements set forth in rule 3745-7-15 of the Administrative Code. If limited certificates are not renewed, they are no longer valid and the operator will be required to apply for and sit for an exam. Limited certification will no longer be valid if the classification of the system is changed.
(B) A limited certificate may be issued to an existing operator at a class A wastewater treatment works. This limited certificate is site specific and is not transferable. to obtain limited certification, the owner and the operator of the class A wastewater treatment works must submit an application within two years of the effective date of this rule. To qualify for limited certification, the operator must have been designated by the owner of the wastewater treatment works to make decisions regarding the daily operational activities of the specific class A wastewater treatment works for at least the twelve month period immediately preceding the date the complete application is postmarked. Operators holding limited certification must meet all renewal requirements set forth in rule 3745-7-15 of the Administrative Code. If limited certificates are not renewed, they are no longer valid and the operator will be required to apply for and sit for an exam. Limited certification will no longer be valid if the classification of the system is changed.
(C) A limited certificate for a wastewater works operator or a wastewater collection system operator previously issued under this chapter shall be valid only so long as the holder remains in the employ of his employer at the time of issuance of said certificate, or is employed elsewhere in an essentially identical operation and position, and meets the requirements for renewal of certification set forth in rule 3745-7-15 of the Administrative Code.
Effective: 12/21/2006
R.C. 119.032 review dates: 07/14/2006 and 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46, 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46, 6109.04(C)(1)(b)
Prior Effective Dates: 02/01/64, 04/17/86, 01/01/99, 02/12/01
(A) The owner and 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, water treatment plant within a public water system, treatment works, or wastewater treatment facility within a treatment works. Some of the formats in which the records may be maintained include, but are not limited to, hard bound books with consecutive page numbering, time cards, separate operation and maintenance records, or well organized computer logs.
(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 for the operator of record and any other operator required by this chapter;
(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 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; and
(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 operator shall:
(1) Perform their 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; and
(3) Report all instances of noncompliance with applicable regulations to the operator of record or facility supervisor.
(C) The duties of an 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 sections 6109. or 6111. of the Revised Code, the rules adopted thereunder, or the facility’s NPDES permit; and
(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 an operator of record or a certified operator’s ability to address, it shall be the operator’s responsibility to document any efforts to rectify the problem.
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46, 6109.04
Rule Amplifies: RC Sections 6111.46, 6109.04
(A) The director shall appoint an operator certification advisory council consisting of eight members as set forth in this rule.
(1) Two members shall be employees of the Ohio environmental protection agency. One member shall be from the drinking water program and one from the surface water program.
(2) Two members shall hold valid class III or class IV public water system operator certifications and be actively employed by public water systems at the time of appointment.
(3) Two members shall hold valid class III or class IV wastewater works operator certifications and be actively employed by wastewater works at the time of appointment.
(4) Two members shall be registered professional engineers who are actively employed in the field of sanitary or environmental engineering at the time of appointment.
(5) Except for the two agency members, no two council members shall be employed by the same entity.
(B) Members of the council shall be appointed for a term not to exceed five years and shall not serve longer than two consecutive terms, except as allowed in paragraph (C) of this rule.
(C) Any vacancy occurring on the council shall be filled by the director’s appointment of a member for the balance of the unexpired term. A council member appointed for the balance of an unexpired term may be appointed for up to two additional consecutive full terms.
(D) The council meetings shall be administered by the members of the agency.
(E) Terms of appointment pursuant to this rule shall expire on a staggered schedule as follows:
(1) The two members who are employees of the agency shall have terms that expire on the thirtieth of June in a year with four or nine as its unit digit.
(2) The two members who are employed by public water systems shall have terms that expire on the thirtieth of June in a year with zero or five as the unit digit for one member and in a year with two or seven as the unit digit for the other member.
(3) The two members who are employed by treatment works shall have terms that expire on the thirtieth of June in a year with one or six as the unit digit for one member and in a year with three or eight as the unit digit for the other member.
(4) The two members who are actively employed as sanitary or environmental engineers shall have terms that expire on the thirtieth of June in a year with two or seven as the unit digit for one member and in a year with three or eight as the unit digit for the other member.
(F) Council members shall be reimbursed for their reasonable expenses related to council activities.
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 6111.46, 6109.04
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99, 2/12/01, 12/21/06
The council may:
(A) Recommend to the director minimum operator requirements consistent with the classification systems for public water systems and treatment works in rules 3745-7-03 and 3745-7-04 of the Administrative Code.
(B) Review applications for examination and certification and advise the director as to which applicants meet the prerequisites for admission to the examination for which application is made.
(C) Review applications for reciprocity and make recommendations to the director concerning the equivalency of non-Ohio EPA exams and the classifications of certification for which applicants qualify.
(D) Assist in the development of examinations used to measure an applicant’s competence for certification.
(E) Recommend to the director the issuance, suspension, revocation, or reinstatement of certifications.
(F) Advise the director on issues pertaining to the administration of the operator certification program, including developing guidance, policy, and procedures to implement the program on a day-to-day basis.
(G) Advise the director on matters pertaining to contact hours.
(H) Nothing in this rule shall be interpreted to require a recommendation from the council on any action of the director issued pursuant to Chapter 3745-7 of the Administrative Code.
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 6111.46, 6109.04
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 02/01/64, 04/17/86, 01/01/99, 12/21/06
(A) The director may suspend or revoke the certificate of an operator, issued under this chapter, upon finding that the operator has:
(1) Fraudulently obtained or attempted to obtain any certificate or renewal thereof, or
(2) Performed the duties of an operator in a negligent or incompetent manner, or
(3) Knowingly or negligently submitted misleading, inaccurate, or false reports, documents, or applications to the agency, or
(4) Operated in a manner endangering the public health or welfare, or
(5) Operated in such a manner to have violated or caused to be violated any provisions of Chapter 6109. or 6111. of the Revised Code.
(B) The council may review information and allegations regarding the performance of a certified operator, and may interview the operator, informant, or others. The council may request appearances before the council. The requests shall be sent by certified mail. Upon completion of such review the council may recommend that the director suspend or revoke one or more of an operator’s certificates.
(C) The director shall notify the certified operator, and may notify the employer thereof, of a proposed action under this rule. The notice shall be by certified mail and shall set forth the action proposed by the director, the proposed effective date thereof, the reason therefor, the length of time the proposed action shall be applied, and the procedure for appealing the action. An action taken by the director under this rule does not preclude the director from pursuing additional civil or criminal enforcement. Suspension or revocation may include any or all operator certificates issued by the director under this chapter of the Administrative Code. In cases dealing with fraudulent or falsified information, the director shall take action on all certificates held by the certified operator.
(D) Suspension of an operator’s certificate shall be effective for an initial period of not more than one year, and may be extended in one year periods, during which time the certificate is not valid. The suspension shall continue until the conditions of paragraph (D)(1) and (D)(2) of this rule are met.
(1) No earlier than thirty days before the end of a certificate suspension, a person may submit a request for reinstatement of his or her suspended certificate.
(a) A certificate shall remain suspended until such time as a request is submitted and reinstatement approved by the director.
(2) No earlier than thirty days before the end of a certificate suspension, a person seeking reinstatement of his or her certificate shall submit information to the agency regarding work activities during the period of suspension. During the period of suspension, the operator shall acquire the contact hours and pay all renewal fees required by this chapter. Upon review of the submittal, the council may recommend to the director that the operator’s certification be reinstated or that the suspension be extended.
(3) The operator whose certificate has been suspended shall not be the operator of record of a public water system, treatment works, water distribution system, or sewerage system. Operating experience obtained during a period of suspension shall not be considered for meeting certification requirements.
(E) Revocation of an operator’s certificate shall be permanent.
(F) Indictment in a criminal case for a crime related to the field of certification shall result in suspension of all certificates held by the certified operator until such time as the criminal case is resolved.
(G) Conviction of a crime related to the field of certification shall result in suspension of all certificates held by the convicted certified operator until such time as all opportunities for appeal of such conviction have been exhausted, at which point, all certificates held by the certified operator shall be revoked.
(H) An operator shall return any suspended or revoked certificates to the director by certified mail within seven days of the effective date of the suspension or revocation.
(I) Actions affecting the status of an operator’s certificate shall be taken in accordance with Chapter 3745-47 of the Administrative Code.
Replaces: 3745-7-12
Effective: 12/21/2006
R.C. 119.032 review dates: 07/14/2006 and 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 02/01/64, 04/17/86, 01/01/99
The director may grant certification by reciprocity to an applicant holding valid certification or license issued by the certifying authority of another state or province or the “Association of Boards of Certification” (ABC).
(A) To be eligible for certification by reciprocity, the applicant shall:
(1) Make an application for certification by reciprocity on a form provided by the director, and
(2) Meet the minimum education and operating experience requirements specified in rule 3745-7-06 of the Administrative Code for the level of certification applied for, and
(a) Hold current, valid certification that was earned either by passing a written examination, through reciprocity, or through ABC while living or working in another state or province. The director shall be furnished with a representative copy of the examination passed by the applicant; or
(b) Have held a certification issued by the state of Ohio within the ten years prior to application. Such applicants may receive the same level of certification they previously held provided they have maintained a certificate in the same field in another state and met that state’s continuing education requirements.
(B) The council shall review and compare the representative out-of-state or ABC examination passed by an applicant with Ohio’s examinations and determine the classification of examination with which the out-of-state or ABC examination is equivalent. Certification by reciprocity shall not be considered if a representative copy of the examination passed by the applicant cannot be obtained, unless the director has entered into a reciprocity agreement with the state in question.
(C) At the time of the request for reciprocity, the applicant shall pay an application fee as required in section 3745.11 of the Revised Code. When the equivalent level of classification of the out-of-state or ABC examination has been determined by the council and approved by the director, the applicant will be notified and required to pay a certification fee that is equivalent to the examination fee for the level of certification at which reciprocity is granted according to the schedule listed in section 3745.11 of the Revised Code.
(D) Upon receipt of the fees and the submission of documentation demonstrating employment in Ohio in the field for which reciprocity is requested, the director may issue a certificate to the applicant for certification as determined by this rule.
(E) In the event that an applicant is not eligible for reciprocity the applicant may request that the application fee be used for the next available examination. The request shall be made in writing and shall indicate the exam classification that the applicant is requesting to take. Review and approval of the application shall be in accordance with rule 3745-7-06 of the Administrative Code.
(F) Applicants who, while a resident of Ohio, obtained certification by examination in another state or through ABC for the purpose of bypassing Ohio’s examination process shall not be certified by reciprocity.
Replaces: Former 3745-7-13
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 2/1/64, 4/17/86, 1/1/99
Rescinded eff 12-21-07
(A) All operator certificates shall expire on December thirty-first of the second year after the year in which the certification is issued or renewed. The certificate will expire unless renewed in accordance with this rule before the expiration date. Valid operator certificates in effect prior to May 23, 1986 expired on December 31, 1987. Operator certificates in effect after May 23, 1986 shall expire each December thirty-first of the second year after the year in which the certificate was issued or renewed, unless renewed in accordance with this rule.
(B) The director shall send a renewal notice and application form to the certified operator’s latest address of record prior to the expiration date of the certificate. Failure to receive such notice shall not relieve the certified operator of the responsibility to renew the certificate.
(C) Requirements for renewal.
(1) In order to renew a certificate before it expires, a certified operator shall submit the following to the director before the expiration date of the certification:
(a) an application for renewal, on a form provided by the director; and
(b) a nonrefundable fee as set forth in section 3745.11 of the Revised Code.
(2) For a holder of multiple certificates within a category, the director shall only renew the certificate representing the highest classification within the system category.
(3) To renew a certificate issued under this chapter, the certified operator shall complete the number of director-approved contact hours during each renewal cycle required by paragraph (D) this rule.
(D) Contact hours.
(1) The minimum number of contact hours that shall be completed by operators holding a single certificate as a:
(a) Class A or a limited class A operator is eight hours of director-approved contact hours;
(b) Public water system operator I, water distribution operator I, water distribution operator II, wastewater works operator I, wastewater collection system operator I, or wastewater collection system operator II is twelve hours of director-approved contact hours;
(c) Public water system operator II, public water system operator III, public water system operator IV, wastewater works operator II, wastewater works operator III, or wastewater works operator IV is twenty four hours of director-approved contact hours.
(2) Operators holding multiple certificates shall have the number of contact hours required for the renewal of each certificate reduced by twenty-five per cent beginning with certificates that expire on December 31, 2006. The reductions shall be granted as follows:
(a) For persons holding a certificate as a class A or limited class A operator, not less than six hours of director-approved contact hours shall be completed for each of these certificates;
(b) For persons holding a certificate as public water system operator I, water distribution operator I, water distribution operator II, wastewater works operator I, wastewater collection system operator I, or wastewater collection system operator II, not less than nine hours of director-approved contact hours shall be completed for each of these certificates;
(c) For persons holding a certificate as public water system operator II, public water system operator III, public water system operator IV, wastewater works operator II, wastewater works operator III, or wastewater works operator IV, not less than eighteen hours of director-approved contact hours shall be completed for each of these certificates.
(3) For those renewals of certificates that will expire on or after December 31, 2008, at least half of an operator’s contact hours shall be those determined by the director to be directly related to operations and maintenance.
(4) The minimum required number of director-approved contact hours shall be completed during the two-year period preceding the expiration date of the certificate, except as provided in paragraph (I) of this rule.
(5) A maximum of one contact hour per renewal cycle may be earned if a certified operator provides proof of individual membership in a trade organization related to the field in which they hold a certificate.
(6) A contact hour course may only be used once per renewal cycle for credit toward the contact hour requirements established above.
(7) An operator holding multiple certificates may not use a contact hour course for credit on more than one certificate, unless that operator has attended multiple sessions of that course. However, a course’s contact hours may be split among multiple certificate renewals.
(8) Upon request, an applicant for renewal of a certificate shall submit documentation of attendance at approved contact hour training to the director with the renewal application.
(9) The holder of a certificate expiring as the result of a failure to obtain the contact hours required by this rule may apply for renewal, provided that the certificate will not be renewed until the applicant has met the contact hour requirements and submitted a late fee in accordance with division (O) of section 3745.11 of the Revised Code. These contact hour requirements shall be met within one year after the expiration date of the certificate or the certificate shall not be renewed. The operator shall not be the operator of record of a public water system, treatment works, or sewerage system until such time as a renewal certificate is issued. Contact hours accrued to meet the certificate renewal requirements pursuant to this paragraph shall not count as contact hours for the next certificate renewal.
(E) Contact hour course approval.
(1) All training for the purpose of obtaining contact hours shall be approved by the director.
(a) Training providers shall submit requests for approval of training prior to the training event or within thirty days after completion of the training event. Training providers or operators may request approval of college courses, out-of-state training, or correspondence courses within thirty days of the completion of the training on a form provided by the director.
(b) Approval of training shall be based on:
(i) Identification and qualifications of the instructor, who shall have at least three years experience in the subject for which they are providing training, or equivalent experience as determined by the director.
(ii) Content of the training, which for courses over one hour in length, shall include an agenda which distinguishes training time from breaks.
(iii) Applicability and relevance of the training to the operation or management of a public water system or treatment facility, water distribution system, treatment works, or sewerage system, and
(iv) Verification of attendance at the training event.
(c) Each approval shall include an expiration date no later than three years following the date of approval.
(F) Approval of training providers.
(1) As an alternative to the process listed in paragraph (E) of this rule, training providers may request approval as a contact hour provider on a form acceptable to the director, provided they:
(a) Provide training that is applicable to the operation or management of a public water system, treatment works, or sewerage system;
(b) Use instructors who have at least three years experience in the subject for which they are providing training, or equivalent expertise as determined by the director;
(c) Have provided courses approved by the agency in accordance with paragraph (E) of this rule for a minimum of three years;
(d) Have been previously approved to provide a minimum of twelve contact hours;
(e) Assign each class provided with a unique number that identifies the provider, class number, and subject;
(f) Maintain attendance records, a course syllabus (including an agenda which distinguishes training time from breaks and lunches) and instructor qualifications for each course given for a period of three years from the date of training;
(g) Assign contact hours only for the amount of time spent on training. Providers shall not give partial credit for courses;
(h) Assign a subject to each class (i.e., operation and maintenance or other.);
(i) Provide the director with a list of scheduled training by the first day of the month for each month that training is offered. This list shall include the name of the course, the training provider’s approval number, the time, date, and location of the training, along with the number of contact hours assigned; and
(j) Upon request, be capable of providing a record of student training to the agency or the student.
(2) All training providers shall allow agency representatives to attend courses at any time for the purpose of reviewing the length of training, training content and other relevant aspects of the training. Agency employees shall not use this provision to obtain contact hours.
(3) Failure to meet any of the criteria in paragraph (F) of this rule may result in the withdrawal of the director’s approval for all training given by the provider for the next two years. For training providers who have not received approval in accordance with paragraph (F) of this rule, the director shall not approve new training for a period of two years. The director may refuse to recognize contact hour credit if a training provider fails to meet the criteria listed in paragraphs (F)(1) and (F)(2) of this rule.
(G) The director shall not renew the certificate of an applicant failing to meet the requirements of this rule.
(H) A renewal card indicating the valid dates of the renewed certificate shall be issued to all certified operators who have met the renewal requirements of this rule.
(I) An expired certificate can be renewed within one year of the expiration date, subject to all the requirements and conditions of paragraph (C) of this rule and division (O) of section 3745.11 of the Revised Code. In all cases the expiration date of the renewed operator certificate shall be the same as if the renewal requirements had been met on or before the date of expiration. After the expiration date and prior to renewal according to this paragraph, the operator shall not perform those activities requiring a certificate.
(J) An operator’s certificate that has not been renewed within one year of the expiration date shall not be renewed. In such cases, the former certificate holder shall apply for examination, pay all required fees, and pass the examination in order to obtain certification.
(K) In the event that an operator is not able to meet the contact hour requirements of this rule due to a personal life threatening illness or military service the director may, upon request, grant an extension for achieving the required contact hours. However, the operator shall not be the operator of record of a public water system, treatment works, or sewerage system until such time as the contact hour requirements are fulfilled and a renewal certificate is issued.
(L) The director shall audit a representative number of renewal applications in order to document compliance with the contact hour requirements.
Replaces: Former 3745-7-15
Effective: 12/21/2006
R.C. 119.032 review dates: 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6111.46 and 6109.04(C)(1)(b)
Rule Amplifies: RC Sections 6111.46 and 6109.04(C)(1)(b)
Prior Effective Dates: 5/23/86, 1/1/99, 2/12/01, 2/18/02
(A) Any person applying to the director for certification through examination or through reciprocity in accordance with rule 3745-7-13 of the Administrative Code, as an operator of a public water system or treatment works or water distribution system or wastewater collection system, shall pay an application fee in accordance with section 3745.11 of the Revised Code.
(B) Upon notification by the director that the applicant is eligible to take the examination or for certification through reciprocity in accordance with rule 3745-7-13 of the Administrative Code, the applicant shall pay an examination fee in accordance with the schedule in section 3745.11 of the Revised Code.
(C) An applicant shall pay a certification renewal fee in accordance with the schedule in section 3745.11 of the Revised Code.
(D) If the certification renewal fee is received more than thirty calendar days but not more than one year after the expiration date, the applicant shall pay a late certification renewal fee in accordance with the schedule in section 3745.11 of the Revised Code.
(E) Requests for replacement of lost, damaged, or destroyed certificates shall be submitted to the director in writing and shall be accompanied by a nonrefundable fee as set forth in section 3745.11 of the Revised Code.
(F) All fees shall be made payable to “Treasurer of the State of Ohio”. All fees are nonrefundable.
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 6111.46, 6109.04, 3745.11
Rule Amplifies: 6111.46, 6109.04
Prior Effective Dates: 04/17/86, 01/01/99, 02/12/01, 12/21/06
(A) No person shall engage in conduct that subverts or attempts to subvert the application, examination, or review process. Any such action shall cause a person’s scores to be withheld and declared invalid.
(1) Persons holding a certificate issued under this chapter shall be subject to suspension or revocation of such certificate in accordance with paragraph (A)(1) of rule 3745-7-12 of the Administrative Code, and shall also be disqualified from taking future water and wastewater exams for a period of up to five years.
(2) Persons who do not possess a certificate issued under this chapter shall be disqualified from taking future water and wastewater exams for a period of up to five years.
(B) Conduct that subverts or attempts to subvert the application, examination, or review process includes, but is not limited to:
(1) Conduct that violates the application process, such as falsifying or submitting incorrect information on the application for examination;
(2) Conduct that violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the certification examination; aiding by any means in the reproduction or reconstruction of any portion of or information from the certification examination; selling, distributing, buying, receiving, or having unauthorized possession of any portion of, or information from, a future or current certification examination;
(3) Conduct that violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or allowing answers to be copied by another examinee during the administration of the examination; possessing during the administration of the certification examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the examinee in advance of the examination date by the director;
(4) Conduct that violates the credentialing process, such as falsifying or misrepresenting information required for admission to the examination, impersonating an examinee, or having an impersonator take the certification examination on behalf of the examinee; and
(5) With respect to the Class IV examination process, allowing individuals other than the applicant to write or edit the applicant’s substantive work product. This rule shall not be construed to prevent the applicant for a Class IV examination to allow another individual to proofread his or her work product for minor spelling and grammatical errors.
(C) Actions affecting the status of a person’s examination or their eligibility to take future examinations because of conduct defined in paragraph (B) of this rule shall be taken in accordance with Chapter 3745-47 of the Administrative Code.
Effective: 12/21/2006
R.C. 119.032 review dates: 07/14/2006 and 12/21/2011
Promulgated Under: 119.03
Statutory Authority: RC Sections 6109.04 and 6111.46
Rule Amplifies: RC Sections 6109.04 and 6111.46
Prior Effective Dates: 01/01/04