Ohio Administrative Code|Rule 3745-7-02 | Certified professional operators of record.

                                                
(A) Responsibilities.
(1) Each person owning or
			 operating a public water system, except as provided for in paragraph (B) of
			 this rule, shall designate one or more professional operators of record to
			 oversee the technical operation of the public water system or each water
			 treatment plant and distribution system within the public water system. Each
			 professional operator of record shall have a valid certification of a class
			 equal to or greater than the classification of the public water system,
			 distribution system or water treatment plant except as provided for in
			 paragraphs (E) to (G) of this rule.
(a) The owner and professional operator of record of a public
				water system shall notify the director of the identity of a professional
				operator of record upon initiation or termination of service or upon request by
				the director.
(b) Notification shall be made on a form acceptable to the
				director within three days of initiation or termination of service or a request
				by the director.
(2) Each person owning or
			 operating a treatment works or public sewerage system shall designate one or
			 more professional operator of record to oversee the technical operation of the
			 treatment works, sewerage system, or each wastewater treatment facility. Except
			 as provided for in paragraphs (E) to (G) of this rule, each professional
			 operator of record shall have a valid certification of a class equal to or
			 greater than the classification of the treatment works, sewerage system, or
			 wastewater treatment facility.
(a)  The owner and professional operator of record of a treatment
				works or sewerage system shall notify the director of the identity of a
				professional operator of record upon initiation or termination of service or
				upon request by the director.
(b) Notification shall be made on a form acceptable to the
				director within three days of initiation or termination of service or a request
				by the director.
(3) Each person owning or
			 operating a private sewerage system that has been classified by the director in
			 accordance paragraph (B)(1)(d) of rule 3745-7-04 of the Administrative Code,
			 shall designate one or more professional operator of record to oversee the
			 technical operation of the private sewerage system. Except as provided for in
			 paragraphs (E) to (G) of this rule, each professional operator of record shall
			 have a valid certification of a class equal to or greater than the
			 classification of the private sewerage system.
(a) The owner and professional operator of record of a
				private sewerage system shall notify the director of the identity of a
				professional operator of record upon initiation or termination of service or
				upon request by the director.
(b) Notification shall be made on a form acceptable to the
				director within three days of initiation or termination of service or a request
				by the director.
(B) Transient noncommunity ground water
		  public water systems without treatment for arsenic, nitrate or 4-log removal of
		  viruses, serving populations of two hundred fifty or fewer, are not required to
		  place the technical operation of such a public water system under a
		  professional operator of record unless the director determines that a
		  professional operator of record is necessary.
(C) The certified professional operator
		  of record 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 with an approved
		  contracted professional operator or contract operations company for the
		  services of one or more appropriately certified professional operators to serve
		  as the professional operator of record provided the following:
(1) The contract requires
			 that the certified professional operator of record be available to respond to
			 emergencies and provide the services necessary to maintain the reliable
			 operation of the system.
(2) The contract clearly
			 defines the responsibilities of the owner and the professional operator of
			 record.
(3) The contract complies
			 with the staffing requirements of paragraphs (C) to (E) of rule 3745-7-03 of
			 the Administrative Code and paragraphs (C) to (D) of rule 3745-7-04 of the
			 Administrative Code.
(4) The contracted professional operator
			 of record shall perform duties as identified in rule 3745-7-09 of the
			 Administrative Code.
(E) The director may approve a
		  professional operator with a valid class III certificate to be the professional
		  operator of record for a class IV public water system or class IV treatment
		  works for a period no longer than two years, if the class III professional
		  operator has applied for and received approval to take a class IV examination
		  in accordance with rule 3745-7-06 of the Administrative Code and maintains a
		  valid class III certificate for the duration of time for which the director
		  grants approval in accordance with this paragraph. A public water system or
		  wastewater treatment works may only use this exemption for a total of thirty
		  months within a five-year period.
(F) Upon request, the director may
		  approve an individual who passes the class I water supply examination, but does
		  not have the necessary experience, to be the professional operator of record
		  for a class I public water system with a population of less than two hundred
		  fifty, provided the following conditions are met:
(1) The professional
			 operator holds a valid class A certificate.
(2) The professional
			 operator is a full time (forty hours per week) employee of the facility where
			 the public water system is located and has provided assistance in the operation
			 of the treatment system to the class I professional operator of record for at
			 least one year.
(3) The professional
			 operator completes at least three hours of training specific to the type of
			 treatment being used by the public water system and submits verification with
			 the request.
(4) The public water
			 system does not have an active enforcement action or violations related to
			 maximum contaminant levels, treatment techniques, and monitoring or reporting
			 within the last five years.
(5) The professional
			 operator is prohibited from operating any other public water
			 system.
(6) The professional
			 operator remains a full time employee of the facility during the time of the
			 exemption.
(7) The professional
			 operator complies with the class I minimum staffing requirements.
(8) The professional
			 operator obtains twelve contact hours every two years. At least six of those
			 contact hours must be related to operation and maintenance, and at least three
			 of those six hours must be related to the specific treatment in operation at
			 the public water system.
The director shall withdraw the exemption if the
		  public water system or professional operator does not comply with requirements
		  in paragraphs (F)(1) to (F)(8) of this rule.
(G) Upon request, the director may
		  approve an individual who passes the class I water supply examination, but does
		  not have the necessary experience, to be the professional operator of record
		  for a health care facility that purchases water from a public water system and
		  adds treatment for the control of Legionella provided the following conditions
		  have been met:
(1) The professional
			 operator holds a valid class A certificate.
(2) The professional
			 operator is a full time (forty hours per week) employee of the facility where
			 the public water system is located and has provided assistance in the operation
			 of the treatment system to the class I professional operator of record for at
			 least one year.
(3) The professional
			 operator completes at least three hours of training specific to the type of
			 treatment being used by the public water system and submits verification with
			 the request.
(4) The public water
			 system does not have an active enforcement action or violations related to
			 maximum contaminant levels, treatment techniques, and monitoring or reporting
			 within the last five years.
(5) The professional
			 operator is prohibited from operating any other public water
			 system.
(6) The professional
			 operator remains a full time employee of the facility during the time of the
			 exemption.
(7) The professional
			 operator complies with the class I minimum staffing requirements.
(8) The professional
			 operator obtains twelve contact hours every two years. At least six of those
			 contact hours must be related to operation and maintenance, and at least three
			 of those six hours must be related to the specific treatment in operation at
			 the public water system.
The director shall withdraw the exemption if the
		  public water system or the professional operator does not comply with
		  requirements in paragraphs (G)(1) to (G)(8) of this rule.
(H) 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.