3745-7-02 Certified operators required.

(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 upon request or 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 or within three days of a request by the director.

(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 or operator of a treatment works or sewerage system shall notify the director of the identity of an operator of record upon request or 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 or within three days of a request by the director.

(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 an operator is necessary.

(C) The certified operator required by paragraph (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 staffing requirements of paragraphs (C) to (E) of rule 3745-7-03 of the Administrative Code and paragraphs (C) to (D) of rule 3745-7-04 of the Administrative Code; 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.A public water system or wastewater treatment works may only use this exemption for a total of thirty months within a five year period.

(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.

Effective: 02/23/2012
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, 9/13/93, 1/1/99, 2/12/01, 12/21/06