[39 Pa.B. 3591]
[Saturday, July 11, 2009]
[Continued from previous Web Page]
Subchapter K. PROFESSIONAL ENGINEERS Sec.
302.1101. General provisions. 302.1102. Issuance of initial certification for a professional engineer. 302.1103. Experience requirements for professional engineers. § 302.1101. General provisions.
(a) This subchapter applies to a professional engineer registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2) who has been successfully examined in civil, environmental or sanitary engineering and is a certified operator, or an applicant for operator certification.
(b) A professional engineer applying for certification action shall meet the same requirements as provided for by the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system, except for those provided for in this subchapter.
§ 302.1102. Issuance of initial certification for a professional engineer.
A professional engineer shall submit an application for certification action in accordance with § 302.201 (relating to form of application). The engineer shall also meet the requirements for certification in § 302.103 (relating to scope). When requesting a certificate under this subchapter, the applicant shall provide written proof of a valid professional engineer's license.
§ 302.1103. Experience requirements for professional engineers.
In addition to those activities defined in § 302.704 (relating to determining qualifying experience), other activities specifically associated with the responsibilities and duties of a professional engineer may be eligible as qualifying experience for an applicant. These activities include the following:
(1) Plant start-up activities.
(2) Development of standard operating procedures.
(3) An operation and maintenance plan, or an emergency response plan for a water or wastewater system.
(4) Consulting activities associated with water or wastewater system operations.
(5) Activities associated with testing pilot technology.
(6) Activities related to operational inspections completed by a professional engineer.
Subchapter L. SYSTEM OPERATION Sec.
302.1201. Duties of operators. 302.1202. Duties of owners. 302.1203. Process control decisions. 302.1204. Standard operating procedures. 302.1205. Number of required certified operators. 302.1206. Operator in responsible charge. 302.1207. Operation of multiple treatment systems (Circuit Rider). 302.1208. Programmable logic controls (PLCs) and supervisory control and data acquisition systems (SCADA). 302.1209. Satellite collection systems. § 302.1201. Duties of operators.
(a) A certified operator shall comply with applicable Federal and State laws, the act, this part, and other Department rules and regulations related to the operation of water and wastewater systems to protect the environment and public health and safety. A certified operator shall provide for the suitable operation and maintenance of a water or wastewater system utilizing available resources needed to comply with applicable laws, rules and regulations and permit conditions or requirements. The Department will recognize the ability of the certified operator to meet these requirements is in part dependent upon the available resources and responsibilities assigned by the system owner.
(b) Available operator tasks necessary to control the operation and provide for the maintenance of a water or wastewater system may include:
(1) Controlling the selection of, or flow from, an existing permitted source to a water system.
(2) Controlling the selection of flow to a water distribution system.
(3) Controlling the flow from a wastewater system to the waters of this Commonwealth as defined in the NPDES or The Clean Streams Law permit for the system.
(4) Controlling the processing of raw, treated or finished water or wastewater.
(5) Preparing and controlling chemical or biological, or both, addition for water or wastewater treatment.
(6) Observing and taking the necessary actions in response to variations in operating conditions.
(7) Adjusting system processes based on monitoring data.
(8) Performing calculations for process control.
(9) Operating valves or gates, or both, either manually or by remote control.
(10) Starting or stopping pumps or increasing or decreasing pump rates.
(11) Providing for proper source water protection.
(12) Directing the actions of certified and noncertified operators.
(13) Taking an action to maintain a system's equipment to prevent pollution or a permit violation.
(14) Overseeing or performing the collection, analysis and interpretation of all process control and self-monitoring samples of the water or wastewater systems.
(15) Preparing and submitting applicable reports to the appropriate persons or agencies.
(16) Developing, approving or using a process control plan that is specific to the treatment needs and conditions of the system.
(c) Certified operators shall submit a written report to the system owner documenting any known violations or system conditions that may potentially cause or are causing violations of any Department regulation or permit conditions or requirements. This written report shall be sent to the owner by registered mail with a return receipt requested, by hand carrying the report to the owner and receiving a signed receipt, or by any mail service with a receipt requested. The report must include the following:
(1) The name of the certified operator filing the report.
(2) The date.
(3) The nature of the violation or system conditions.
(4) The suspected cause of the violation or system conditions, including the lack of needed resources.
(5) The degree of severity or threat to public health, safety or the environment of the violation or system conditions.
(6) Any actions or mitigating measures associated with process control necessary to prevent or eliminate a violation of applicable water or wastewater system laws, rules and regulations and permit conditions and requirements.
(d) The available operators making process control decisions are responsible for those decisions and consequences, unless the owner fails to respond to a written report as required in subsection (c) or there is a deliberate action with malice or negligence on the part of an employee under the supervision of the available operator.
§ 302.1202. Duties of owners.
(a) An owner of a water or wastewater system shall:
(1) Comply with the applicable Federal and State laws.
(2) Comply with the rules and regulations and permits associated with a water or wastewater system to protect the environment, public health and safety.
(3) Insure all process control decisions at the systems are made by available operators with a valid operator's certificate with the appropriate classes and subclassifications.
(4) Post the names of the available operators in the treatment area of the system, including the method of contacting them if they are not onsite.
(5) Take appropriate action in a timely manner to written reports required under § 302.1201(c) (relating to duties of operators) from certified operators and make a ''good faith'' effort to address problems and concerns identified in these reports.
(6) Provide a copy of all current, relevant water and wastewater permits to all available operators.
(b) On an annual basis, a system owner shall report to the Department:
(1) The system name, address, phone number and e-mail address (if available).
(2) The name and title of the system representative providing the information.
(3) The system owner name, address, phone number and e-mail address (if available).
(4) The Public Water System Identification number, NPDES permit numbers or Water Quality Management Part II permit numbers for the system.
(5) The name, client ID, address, phone number and email (if available) of all available operators employed by the owner at the system and the operators' classes and subclassifications.
(6) The designation of an operator in responsible charge if the owner chooses to develop and utilize standard operating procedures.
(c) A system owner shall notify the Department in writing within 10-calendar days of the addition, loss, change or replacement of an available operator. The owner shall provide at that time the name, client ID, and class and subclassification of all operator changes.
(d) Upon written request from an owner, the Department will provide current water and wastewater permits to the operator in responsible charge designated by the owner.
§ 302.1203. Process control decisions.
(a) An available operator shall make all process control decisions. These decisions may be made onsite, from a remote site, by the use of standard operating procedures approved by the operator in responsible charge, or by using a programmable logic control (PLC) system as provided by § 302.1208 (relating to programmable logic controls (PLCs) and supervisory control and data acquisition systems (SCADA)).
(b) A certified operator can make process control decisions for systems with a smaller hydraulic design capacity, provided they are certified with the appropriate treatment technology-based subclassifications.
(c) The Department may require a system to have a process control plan that includes, as necessary, the following:
(1) A flow diagram of the entire treatment process.
(2) The identification of individual treatment units by type.
(3) A description of the treatment process provided by each treatment unit.
(4) The anticipated level of treatment provided by each treatment unit.
(5) The normal influent and effluent operating ranges for each wastewater or water treatment unit.
(6) A description of the average and seasonal characteristics of the raw water or wastewater influent.
(7) Any standard operating procedures.
(8) The methods to be utilized to monitor and adjust treatment processes.
(9) The identification of the key processes and equipment associated with these processes.
(10) An outline of how key processes and equipment will be monitored if the system is without staff during daily operations.
(11) The trigger parameters for each unit that requires a process control decision.
(12) A preventive and emergency maintenance plan for all process control-related equipment including a replacement parts inventory and emergency repair method.
(13) The procedures for emergency operations when security has been breached or natural disasters threaten public safety, the environment and property.
(14) The wastewater treatment methods and strategies to assure proper treatment during wet weather operations.
(15) A plan for wasting, treating and disposing of solids associated with wastewater treatment.
(d) Plans required under other Department rules and regulations applicable to the operation of a drinking water or wastewater system may satisfy the requirement for a process control plan as determined by the Department.
(e) The Department taking an action necessary to protect the environment and public health during designated emergency situations, to obtain compliance with permit requirements, and rules and regulations or to address permit requests and compliance issues is not considered a process control decision. Other actions not considered to be process control decisions include actions taken by:
(1) Local government to approve new residential, industrial or commercial land development creating additional treatment, collection or distribution demands upon a system or to comply with a pretreatment program.
(2) Emergency personnel to protect property and lives.
§ 302.1204. Standard operating procedures.
(a) Standard operating procedures are written documents outlining the actions necessary to make process control decisions given established operational quantitative and qualitative parameters for the system or treatment units within the system.
(b) Standard operating procedures must:
(1) Include the name of the operator in responsible charge.
(2) Identify the operators that may utilize the standard operating procedures to make process control decisions.
(3) Include the treatment processes covered by the standard operating procedures and the treatment processes that are not covered and require the operator to contact the operator in responsible charge for a decision on the appropriate process control.
(4) Identify the trigger parameters for the treatment processes and the appropriate actions to be taken for each treatment process.
(c) Standard operating procedures shall be approved in writing and dated by the operators in responsible charge, and available at the system for review.
(d) The use of standard operating procedures is an optional method, available to the operator in responsible charge, to allow operators under the operator in responsible charge's direct supervision to implement process control decisions. The decision to use standard operating procedures depends on the complexity and personnel of the system.
(e) An operator in responsible charge using standard operating procedures shall notify the system owner that these standard operating procedures are in use.
(f) The Department may request a copy of a system's standard operating procedures to determine the use of the procedures by the operators or the effectiveness of the procedures to insure compliance with appropriate permits, rules and regulations and laws.
(g) Standard operating procedures may be in an electronic form to facilitate searching for, and retrieval of, information by an operator. These standard operating procedures must be in an electronic form that cannot be changed without evidence of tampering. The standard operating procedures must also indicate where the original signed paper copy or copies are maintained and the name of the operator in responsible charge who signed them. The content of the electronic version of the standard operating procedures must be identical to the current signed paper standard operating procedures. If differences are found between the electronic form and the original signed paper copy of the standard operating procedures, the original signed paper copy will be considered the official version of the standard operating procedures.
§ 302.1205. Number of required certified operators.
A system shall have the number of available operators necessary to comply with Federal and State laws, and rules and regulations associated with water or wastewater systems to protect the environment and public health and safety.
§ 302.1206. Operator in responsible charge.
(a) A system owner shall provide to the Department on an annual basis the name, client ID, and certificate number of any operators in responsible charge. The system owner shall notify the Department of changes in the operators in responsible charge within 10 days of the change. System owners shall notify the operators in responsible charge of this designation in writing.
(b) An operator in responsible charge shall hold a valid certificate with the classes and subclassifications as defined in §§ 302.1002 and 302.1003 (relating to certification classes and subclassifications of water system operators; and certification classes and subclassifications of wastewater system operators) that correspond to the system's classification and subclassification as defined in §§ 302.901 and 302.902 (relating to classifications and subclassifications of water systems; and classifications and subclassifications of wastewater systems).
(c) A grandparented operator can be designated as the operator in responsible charge.
(d) The duties of the operator in responsible charge will include:
(1) The approval of any standard operating procedures.
(2) The development of a process control plan when requested by the Department.
(e) The operator in responsible charge, who is the approving authority for the standard operating procedures for a system, is accountable for any permit violations or violations of any applicable rules and regulations which may occur when an operator follows these standard operating procedures.
§ 302.1207. Operation of multiple treatment systems (Circuit Rider).
(a) An available operator may make process control decisions at more than one system. A circuit rider shall meet all the requirements of the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system.
(b) An owner may use the services of a circuit rider to meet the requirements of the act, this part, and other Department rules and regulations related to the operation of a water or wastewater system.
(c) A system owner shall notify the Department within 10 days when a circuit rider is employed to operate the system.
(d) A circuit rider shall develop and submit a general work plan to the owner of each system that includes:
(1) The name and location of the circuit rider's primary business.
(2) The name and location of each system to be included in the circuit rider program.
(3) The classification and subclassification of each system included in the circuit rider program.
(4) The number of hours per week the circuit rider works at each system, with the method of documentation to be used for each visit.
(e) A circuit rider shall develop and submit a system specific management plan to the owner of each system describing the information relevant to the owner's system. This management plan must include:
(1) The names and contact information of the available operators for that system, with a copy of the operators' certificate to be prominently displayed at the system.
(2) The standard operating procedures and a process control plan for the system.
(3) The name and method of contacting the circuit rider in case of an emergency.
(4) An estimate of the response time necessary to be physically present at the system.
(f) An available operator may not make process control decisions at more than one system until the owner has approved the specific management plan for the system.
(g) The general work plan and the system specific management plans developed for a circuit rider program shall be made available to the Department upon request.
(h) The circuit rider shall report any changes to the general work plan and provide appropriate documentation within 10 days to the owners of all the participating systems.
(i) The circuit rider shall report changes to the system specific management plan and provide appropriate documentation within 10 days to the specific owner of the system identified in the management plan.
(j) The Department may require the circuit rider to be present at a system for the purposes of Department inspection or investigation.
(k) The Department may direct an owner or available operator to cease participation in a circuit rider program if one of the following applies:
(1) The system is in violation for failure to meet the requirements of the act, this part, or other Department rules and regulations related to the operation of a water or wastewater system.
(2) There is a threat to public health, safety and the environment.
(3) Changes have occurred at the system that are not included in the system specific management plan.
§ 302.1208. Programmable logic controls (PLCs) and supervisory control and data acquisition systems (SCADA).
(a) An owner may use a PLC and SCADA system to monitor, maintain or make decisions regarding any process control activity within the water or wastewater system.
(b) A system shall have an available operator to interface with the PLC or SCADA system. The available operator will approve the operational strategy for the PLC and SCADA.
(c) A system utilizing PLC and SCADA systems shall have a backup emergency plan for making process control decisions when, or if, the PLC and SCADA system is inoperable.
(d) If an owner wants to have a PLC and SCADA system oversee more than one water or wastewater system simultaneously, the system specific management plan developed under § 302.1207 (relating to the operation of multiple treatment systems) must also identify and demonstrate how process control decisions not performed by the PLC and SCADA system will be made and demonstrate how continual staffing and monitoring of systems controlled by a PLC and SCADA system will be maintained.
§ 302.1209. Satellite collection systems.
A satellite collection system shall be required to retain the services of a Class E certified operator when:
(1) The satellite collection system is publicly owned.
(2) It is determined by the Department that a privately owned satellite collection system has in the past, or is not currently properly operated and/or properly maintained, or both; or has in the past, or is currently, experiencing sanitary sewer overflows within any portion of the satellite collection system.
(3) The owner of a privately owned satellite collection system can petition the Department after demonstrating a period of compliance to have the requirement for a certified operator removed.
[Pa.B. Doc. No. 09-1272. Filed for public inspection July 10, 2009, 9:00 a.m.]
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