[40 Pa.B. 5294]
[Saturday, September 18, 2010]
[Continued from previous Web Page]
Subchapter C. BOARD PROCEDURES AND ACTIONS Sec.
302.301. Board procedures for certification action. 302.302. Issuance of certificate for certification or recertification. 302.303. Issuance of upgraded certificate. 302.304. Issuance of certificate through reciprocity. 302.305. Board-approved reciprocity register. 302.306. Certificate renewal. 302.307. Extensions. 302.308. Suspensions, revocation or modification of an operator's certifi cate. 302.309. Board review of Department training decisions. § 302.301. Board procedures for certification action.
(a) The Board Secretary will review the application for certification action for completeness.
(b) If the application is not complete, the applicant will be notified within 14 days from receipt of the application, of the specific information required to make the application complete.
(c) When an application is complete, the Board Secretary will review the application using policy and procedures defined by the Board in guidelines and make a recommendation for action to the Board designating the appropriate class and subclassification.
(d) The Board, or the Board Secretary, as authorized by the Board, will take action on an application for certification within 120 days of receipt of a complete application. If the Board determines additional information from the applicant is necessary to complete the review of the Board Secretary's recommendation, final action on the application will be delayed until this information is provided. Within 120 days of receipt of the requested information, the Board will take final action on the application for certification.
(e) The Board Secretary will issue the operator's certificate within 60 days of Board action. A certificate will include the issuance and expiration dates, class and subclassifications, client ID and certification identification numbers and pocket card for identification purposes.
(f) The issuance date on the certificate corresponds with the date of Board action and the operator is assigned to the current 3-year renewal cycle (either the first day of January, April, July or October). The certificate is valid for a 3-year period and will expire on the date indicated unless suspended, modified or revoked by the Board prior to expiration.
(g) The Board will deny an application for certification action for failure to meet the requirements of the act, this chapter, and any other Federal or State law or rules and regulations promulgated thereto applicable to the operation of water and wastewater systems.
(h) The Board authorizes the Board Secretary to deny an application for certification action without Board review for failure to:
(1) Meet the requirements for reciprocity as defined in § 302.304 (relating to issuance of certificate through reciprocity).
(2) Meet processing deadlines.
(3) Successfully pass an examination for certification.
(i) When the Board denies an application for certification action, the Board Secretary will notify the applicant in writing within 60 days of the Board decision, describing the applicant's right to appeal the action to the Environmental Hearing Board.
(j) Within 4 weeks of receiving a written request of a certified operator and payment of a fee as established in § 302.202 (relating to operator certification program fees) for the replacement of a certificate or wallet card, the Board Secretary will fulfill the request.
§ 302.302. Issuance of certificate for certification or recertification.
The Board may approve a complete application for certification action for either certification or recertification with a designated class and subclassification when the applicant has met the requirements for certification as defined in § 302.104 (relating to certification requirements). The Board will also complete the review of the applicant's CHR in accordance with §§ 302.402 and 302.403 (relating to CHR investigations; and review of CHRs by the Board) before approving a complete application for certification action for certification or recertification.
§ 302.303. Issuance of upgraded certificate.
(a) The Board will approve a complete application for certification action to upgrade an existing certificate to the appropriate class when the applicant meets the additional experience requirements defined in § 302.703 (relating to experience requirements) for the upgrade in class. The Board will also approve a complete application for certification action to upgrade an operator-in-training as defined in § 302.1004 (relating to operator-in-training status) when the operator-in-training has met the minimum experience requirements for certification defined in § 302.703.
(b) The Board will approve a complete application for certification action to upgrade an existing certificate to add another subclassification when the applicant passes the Part II Treatment Technology Specific Examination as defined in § 302.601 (relating to general provisions) that corresponds to a subclassification defined in §§ 302.1002 and 302.1003 (relating to the certification classes and subclassifications of water system operators; and certification classes and subclassifications of wastewater system operators) and completes 1-year additional experience requirement, if applicable, as defined in § 302.703 and § 302.704 (relating to experience requirements; and determining qualifying experience).
(c) The Board will replace the applicant's existing certificate with an upgraded certificate that maintains the operator's current 3-year renewal cycle. Those applicants that were upgraded from the operator-in-training status will be issued a certificate in accordance with procedures defined in § 302.301 (relating to Board procedures for certification action).
(d) Additional changes in continuing education requirements as defined in § 302.803 (relating to phased schedule for continuing education requirements) resulting from an upgrade will not be enforced until the certified operator's next full 3 year renewal cycle.
(e) Class Dc, Dn and grandparented drinking water system certificates will not be upgraded.
§ 302.304. Issuance of certificate through reciprocity.
(a) The Board may issue a certificate to an applicant holding a valid water or wastewater, or both, operator certificate from another state, territory, the District of Columbia or a Board-approved reciprocity register, when the applicant meets the requirements for certification defined in § 302.104 (relating to certification requirements) and demonstrates the out-of-State certificate was issued as the result of passing an examination comparable to one administered by the Board.
(b) The Department will determine whether the content of the examination is comparable to an examination prepared by the Department and obtain confirmation from the state, territory or Board approved registry that issued the applicant's certificate that the applicant holds a valid certificate, and is in compliance with applicable laws, regulations and other requirements.
(c) Operators previously certified in this Commonwealth are not eligible to apply for reciprocity if:
(1) The Board revoked, suspended or modified their certificate in accordance with § 302.308 (relating to suspensions, revocation or modification of an operator's certificate).
(2) The operator failed to meet the continuing education requirements for its most recent 3 year renewal cycle.
§ 302.305. Board-approved reciprocity register.
(a) The Board recognizes the Association of Boards of Certification Registry and United States Military or Coast Guard discharge papers documenting water or wastewater operation as reciprocity registers.
(b) The Board may recognize additional certification registers upon request by an applicant or the entity maintaining the register.
§ 302.306. Certificate renewal.
(a) Certified operators meeting the requirements of the act, this chapter, and any other Federal or State law or rules and regulations promulgated thereto applicable to the operation of water and wastewater systems and any orders of the Board or the Department relative to certification will be eligible for certificate renewal without further examination.
(b) The Board will attempt to notify certified operators when renewal is due at least 60 days prior to certificate expiration. Failure to receive a renewal application from the Board does not release a certified operator from the requirements of the act, this chapter, and other Federal or State law or rules and regulations promulgated thereto applicable to the operation of water and wastewater systems.
(c) Certified operators shall meet the continuing education requirements as defined in § 302.803 (relating to phased schedule for continuing education requirements) as a condition of renewal.
(d) Continuing education must be successfully obtained during the certified operator's 3-year certification period. A certified operator who fails to complete the continuing education requirements within the 3-year cycle shall apply for recertification.
(e) The Board will not renew a certificate for an operator who fails to meet the continuing education requirements, unless the operator has applied for and been granted an extension in accordance with § 302.307 (relating to extensions).
(f) A certificate will not be deemed expired if the Board Secretary has received a complete application for certification action for renewal before the expiration date of the certificate. This provision will be in force until the Board takes action on the application. If approved, the certificate will be issued with an expiration date that maintains the operator's prior 3-year cycle.
(g) A certificate renewal issued by the Board after the certificate has expired will have the effective issuance date of when the Board Secretary finalizes the renewed certificate as authorized by the Board. The Board Secretary will send the renewed certificate no later than 90 days after receiving a complete application. The expiration date will be 3 years after the expiration date of the lapsed certificate.
(h) Within 24 months following the date of expiration, an operator who has completed the continuing education, but whose certificate has expired, may renew the certificate by submitting a complete application for certification action for renewal. A certified operator who fails to renew the certificate within 24 months of the expiration date shall apply for recertification.
(i) The Board Secretary will submit a listing of applicants for certificate renewal to the Board that the Department has determined have not met the continuing education requirements as defined in § 302.802 (relating to continuing education requirements for certificate renewal). The listing will include the applicants' names, their classes and subclassifications of certification and the number of approved hours of continuing education completed.
(j) An operator shall submit any post-presentation credit applications for training that were not preapproved by the Department in accordance with training approval process guidelines within 90 days after certificate expiration.
(k) After the Board has taken action to deny an application for certificate renewal due to lack of continuing education, the Board Secretary will send a certified letter to the operator notifying it of the Board's decision. The Board Secretary will send a copy of this letter to the appropriate Department regional program manager and the owners of any systems who identified the operator as an available operator for their systems.
(l) The operator has 14 days from receipt of the certified letter to submit additional documentation of completed continuing education for review by the Department to the Board Secretary. If the Department approves the additional documentation showing compliance with the requirement for continuing education, the Board Secretary will issue a valid certificate to the operator. If not, the operator is no longer certified, and shall apply for recertification.
§ 302.307. Extensions.
(a) The Board may grant a time extension to a certified operator to meet the requirements of the act, this chapter, and other Federal or State law or rules and regulations promulgated thereto applicable to the operation of water and wastewater systems provided that:
(1) The certified operator requests an extension in writing with appropriate justification no later than 90 days after certificate expiration, except in extenuating circumstances.
(2) The certified operator agrees to meet all requirements within a specific time period established by the Board.
(b) Within 14 days of Board action, the Board Secretary will provide an explanation of the Board's decision and any requirements for compliance in writing to the certified operator.
(c) Circumstances that justify an extension include:
(1) Military service that curtails an operator's ability to access continuing education, mandated training or Board testing.
(2) Health related circumstances that curtail an operator's ability to participate in continuing education, mandated training or Board testing.
(3) Other extreme circumstances.
§ 302.308. Suspensions, revocation or modification of an operator's certificate.
(a) The Board may take action to suspend, revoke, modify or reinstate an operator's certificate upon petition by the Department.
(b) The Board may suspend, revoke or modify a certificate for misconduct for reasons including:
(1) Negligence in the operation of a water or wastewater system.
(2) Fraud.
(3) Falsification of an application or other State, local or Federal documents or records relating to the operation of a water or wastewater system.
(4) Incompetence or failure to use reasonable care and professional judgment in performing the duties of a certified operator as described in § 302.1201 (relating to duties of operators).
(5) Violation of State or Federal laws and the rules and regulations promulgated thereunder associated with the operation of a water or wastewater treatment system.
(c) Suspension, revocation, modification or reinstatement of an operator's certificate will become effective immediately upon the Board's action.
(d) The Board may suspend or modify a certificate for a specific time period or require additional education, training or reexamination as a condition of reinstatement.
(e) Within 5 days of the Board taking an action to suspend, revoke, modify or reinstate an operator's certificate, the Board Secretary will notify the Department, the certified operator and the certified operator's employer in writing of the Board action to suspend, revoke or modify an operator's certificate.
(f) Final actions taken by the Board related to this section are appealable to the Environmental Hearing Board.
§ 302.309. Board review of Department training decisions.
(a) A training provider or sponsor may request the Board to review a Department action to do the following:
(1) Approve, disapprove, revoke or suspend a training provider's status as an approved sponsor of training for certification and continuing education.
(2) Approve, deny, revoke or suspend the approval of any course for certification and continuing education.
(3) Assess an instructor's qualifications.
(4) Assign appropriate continuing education contact hours.
(b) Within 75 days of receiving notification from the Department, a training provider or sponsor may submit a request to the Board to review the Department's decision. The request must include the following:
(1) The reasons for the Department's decision.
(2) The reasons why the Board review is necessary.
(3) Circumstances that merit consideration by the Board to reverse or modify the Department's decision.
(4) The desired action from the Board.
(c) The Board will take action on any training decision request within 120 days of completion of a scheduled Board meeting dealing with the training action.
(d) Final actions taken by the Board related to this section are appealable to the Environmental Hearing Board.
Subchapter D. CRIMINAL HISTORY RECORDS Sec.
302.401. Submission of CHRs. 302.402. CHR investigations. 302.403. Review of CHRs by the Board. 302.404. Board actions as the result of a CHR. § 302.401. Submission of CHRs.
(a) The Board requires a CHR to accompany an application whenever an applicant does one or more of the following:
(1) Submits an application for certification. A CHR is not required for subsequent renewals.
(2) Submits an application requesting certification by reciprocity.
(3) Submits an application for recertification.
(b) An applicant holding a bioperable certification shall meet the requirements in subsection (a) for each separate water and wastewater certificate.
(c) The date of issuance on a CHR must be no more than 90 days before the date when the application is received by the Board Secretary.
§ 302.402. CHR investigations.
The following criminal activities require further investigation:
(1) A felony.
(2) A misdemeanor that appears to be related directly to activities associated with carrying out the duties and responsibilities as a certified operator.
§ 302.403. Review of CHRs by the Board.
(a) The Board will review all CHRs submitted with applications for certification action in accordance with the act and this chapter.
(b) A preliminary review committee will conduct a review, and if necessary, conduct appropriate investigations and make a recommendation to the Board for action. The membership of this committee will include:
(1) A Board member.
(2) A Department employee.
(3) Board legal counsel.
(c) The Board or Board-designated agent will conduct an evaluation of all applicants with a conviction noted on their CHR to determine the appropriate category in this section. Convictions meeting the criteria in § 302.402 (relating to CHR investigations) require the Department to conduct an investigation and submit a written report to the Board or Board-designated agent.
(d) If the preliminary review committee feels the conviction may be related to the operation of a drinking water or wastewater treatment system, it will instruct the Board Secretary to send the applicant a certified letter notifying them of this potential and offering them the opportunity to appear at the next regularly scheduled Board meeting to present any information they feel is relevant or related to the conviction. The Department employee on the committee will also solicit further information from the appropriate regional office as it relates to the circumstances that resulted in the conviction and the applicant's record as an operator.
(e) The preliminary review committee will present the reasons for its recommendation and any associated documentation to the Board before the Board takes action on the application for certification action.
(f) These recommendations will be assigned into the following two categories:
(1) Recommend approval of the application for certification action.
(2) Recommend that the full Board review the CHR and investigation findings.
(g) An applicant for certification will not be denied admittance to the certification exam pending a final action on a CHR.
(h) The Department will complete the investigation within 120 days unless granted an extension by the preliminary review committee based on circumstances related to the necessary collection of information needed to make a recommendation.
§ 302.404. Board actions as the result of a CHR.
(a) The Board will act on all CHRs submitted with an application for certification action.
(b) The Board will find no further action is necessary when an applicant's CHR shows no convictions.
(c) Based on the Board's authority under 18 Pa.C.S. Chapter 91 (relating to criminal history record information), the Board may deny an application for certification action based on a conviction of either:
(1) A felony related to the trade, occupation or profession for which the certification is sought.
(2) A misdemeanor related to the trade, occupation or profession for which the certification is sought.
(d) The Board will review the recommendations of the preliminary review committee before taking action. Based on this review, the Board will do one of the following:
(1) Agree with the preliminary review committee and take action on the CHR accordingly.
(2) Disagree with the preliminary review committee and take action on the CHR accordingly.
(e) Within 14 days of Board action, the Board Secretary will notify an applicant in writing of the Board's action to deny an application for certification action based on the applicant's CHR. This notification will also identify the Board's reasons for the decision.
(f) Final actions taken by the Board related to this section are appealable to the Environmental Hearing Board.
Subchapter E. ADMINISTRATIVE
HEARINGS OF THE BOARDSec.
302.501. General requirements. § 302.501. General requirements.
(a) The Department may file with the Board Secretary a written petition under section 4(b)(1) of the act (63 P. S. § 1004(b)(1)), by submitting a written request containing the following information:
(1) The factual basis of the petition including the dates, times and places of the occurrences and the names of the responsible parties with sufficient specificity that the respondent can file an answer and prepare a defense to the allegations.
(2) The statutes or regulations, or both, allegedly violated and underlying the petition.
(3) The relief requested.
(4) An identification of the Department attorney or contact person, including the address and telephone number, who can receive service on behalf of the Department.
(b) Upon receipt of a petition, the Board Secretary will:
(1) Provide a copy of the petition to the operators named in the petition, sent by certified mail.
(2) Schedule the petition for hearing before the Board or a hearing officer appointed by the Board. As necessary, the Board Secretary may schedule prehearing conferences and issue orders needed to dispose of prehearing issues.
(c) Requests to reschedule or cancel a hearing must be in writing and be received by the Board Secretary at least 14 days prior to the date of the hearing. Continuance of a hearing is at the discretion of the Board. The Board may continue a hearing upon its own motion.
(d) The hearings of the Board will be in accordance with 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies).
(e) The Chairperson of the Board is authorized to sign decisions and orders on behalf of the Board.
(f) An order of the Board will be effective immediately unless otherwise indicated within the order.
(g) Final Board actions on the petition may be appealed to the Environmental Hearing Board.
Subchapter F. PREPARATION AND ADMINISTRATION OF CERTIFICATION EXAMINATIONS Sec.
302.601. General provisions. 302.602. Approved examination providers. 302.603. Examination eligibility. 302.604. Examination administration. 302.605. Use of materials and electronic devices by the applicant during examination. § 302.601. General provisions.
(a) The Department will prepare and the Board will administer valid certification examinations using industry recognized psychometric principles and standards to measure the applicant's knowledge, skills and abilities necessary to make process control decisions that meet permit requirements, maintain system reliability and ensure the protection of the environment, public health and safety.
(b) Certification and recertification examinations will consist of a two part examination. Part I of the examination will measure the applicant's knowledge, skills and abilities common to all water or wastewater systems regardless of size. Part II of the examination will measure the applicant's knowledge, skills and abilities necessary to operate specific treatment technologies or system components.
(c) There will be separate stand-alone examinations for wastewater collection systems, either satellite or single entity; water distribution or consecutive systems without treatment and Dc systems.
(d) There will be a Part II examination for laboratory supervisor for a water system and a Part II examination for laboratory supervisor for a wastewater system.
(e) There will be a master examination for either water or wastewater systems for operators wanting a master certificate to operate all available treatment technologies and system components.
(f) The Department will annually review examinations for relevancy. The Department may use third party contractors, members of the Board or the Certification Program Advisory Committee, Department staff or any other qualified individuals as subject matter experts for the content and validation of the examinations.
(g) The Board may use third-party examination proctors for administration of examinations, provided the proctors have completed the necessary training defined by Board guidelines.
(h) Paper and test materials remain the property of the Board.
(i) The Board, Board Secretary or the Department will not disclose individual examination scores to the public.
§ 302.602. Approved examination providers.
(a) The Board may use consultants, nonprofit water and wastewater industry associations and organizations, the Department or educational institutions to assist in the administration of the examinations for certification. The Board Secretary will approve all examination providers in accordance with Board guidelines.
(b) Approved examination providers may charge a fee to an applicant to cover the cost of personnel, facility rental and other incurred costs related to the registration and administration of the examination.
(c) Approved examination providers will not at any time be in possession of any Department-developed examination materials or examination content.
(d) Approved examination providers will administer examinations in accordance with Board guidelines.
§ 302.603. Examination eligibility.
(a) An applicant for examination shall submit a request for examination using approved Board forms to one of the approved examination providers. The applicant shall also pay any fees defined by the approved examination provider for processing this request.
(b) An individual is not required to meet experience requirements of the act, regulations or guidelines as a condition for examination.
(c) An individual is not required to successfully attain any training as a condition for examination.
(d) An individual that attends five or more examination sessions without applying for certification shall pay the examination session fees as defined in § 302.202 (relating to operator certification program fees) before being allowed to attend additional examination sessions.
(e) A certified operator is not required to retake an examination already successfully passed unless either one of the following conditions occurs:
(1) The individual fails to renew his certification within 2 years from the expiration date of the certification.
(2) The individual fails to complete the required amount of continuing education within the 3-year renewal cycle.
§ 302.604. Examination administration.
(a) The proctors and Department staff will follow all procedures for the administration of an examination as defined in Board guidelines.
(b) The examination proctor will provide a written report to the Board regarding any applicant violating this section or Board guidelines.
(c) The Board may make exceptions to a written examination or other examination requirements when an applicant or representative makes a ''reasonable accommodation'' request under the Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12213) in written form to the Board, the request documents the reason for the accommodation and the request is submitted to the Board Secretary in writing. The Board Secretary will notify the applicant within 14 days after Board action on the request.
(d) The Board may make exceptions to the scheduled date and location of an examination upon written request by an applicant based on religious preference, jury duty or other compelling reasons.
§ 302.605. Use of materials and electronic devices by the applicant during examination.
(a) The use of nonprogrammable calculators by applicants during the examination is permitted.
(b) The use of hand held computers or other devices that can store technical information, electronic communication devices, personal music players or other memory storage devices or printed materials other than the materials provided by the examination proctor during the examination is not permitted during the examination.
(c) An applicant may use special electronic devices, if the applicant has submitted a written request to the Board Secretary for approval and has received written approval from the Board.
Subchapter G. EDUCATION, EXAMINATION AND EXPERIENCE REQUIREMENTS Sec.
302.701. Minimum education requirements. 302.702. Examination requirements. 302.703. Experience requirements. 302.704. Determining qualifying experience. 302.705. Accelerated certification requirements for system modifications. § 302.701. Minimum education requirements.
(a) An applicant for certification shall obtain a high school diploma or a GED to meet one of the minimum education requirements.
(b) The Board may grant an education exemption to the requirements in subsection (a) if the applicant provides written verification by the applicant's supervisor or another certified operator with direct knowledge of the applicant's experience working as an operator in a water or wastewater system before February 21, 2002.
(c) Experience used to meet the equivalency for a high school diploma or GED cannot be used as experience for certification.
§ 302.702. Examination requirements.
(a) An applicant for certification in wastewater shall obtain a passing score on a Part I General Examination and one or more of the Part II Treatment Technology Specific Examinations, a Master Examination or a Collection System Examination.
(b) An applicant for certification in drinking water shall obtain a passing score on a Part I General Examination and one or more of the Part II Treatment Technology Specific Examinations for Class A, B and C, a Part I General Examination for Class D, a Master Examination, a Dc or Dn Small System Examination or a Distribution Examination.
(c) An applicant shall obtain a minimum numerical score of correctly answered questions based on industry recognized psychometric principles and standards to pass an examination for certification.
(d) An applicant's score on an examination is independent and not conditional on the results of any other type of certification examination.
(e) Test results are valid indefinitely, unless the applicant must apply for recertification as determined by the Board.
§ 302.703. Experience requirements.
(a) To meet the requirements for certification, the Department will provide an applicant with two different experience tracks.
(b) Track I identifies the experience requirement necessary to qualify for certification when the applicant meets the basic educational requirement in § 302.701 (relating to minimum education requirements).
(1) Track I experience requirements for wastewater treatment system operators.
Class Minimum Experience A 4 years B 3 years C 2 years D 1 year E 1 year (2) Track I experience requirements for water system operators.
Class Minimum Experience A 4 years B 3 years C 2 years D 1 year E 1 year Dc 6 months Dn 6 months (c) An applicant for operator certification using Track I may supplement up to 50% of the required experience by successfully completing additional education beyond the minimum education requirement defined in § 302.701. One month of experience can be credited for the successful completion of every 10 contact hours of Department-approved training courses in water or wastewater treatment, as applicable, or 1.5 months experience may be credited for the successful completion of one college credit in water or wastewater treatment related courses from an accredited college or university. The Department will approve these courses in accordance with its training approval process guidelines.
(d) Track II provides a reduction in the experience requirements defined in subsection (b) when the applicant has successfully earned one of the following:
(1) A certificate of completion of a Department-approved certificate program in water or wastewater treatment, or both (CP). The Department will approve this program in accordance with its training approval process guidelines.
(2) An associate degree in a water or wastewater operations program, or both, approved by the Department (ASP). The Department will approve this program in accordance with its training approval process guidelines.
(3) An associate degree in environmental sciences, physical sciences, engineering or engineering technology not approved by the Department (AS).
(4) A bachelor's or graduate degree in biology, chemistry, environmental sciences, physical sciences, sanitary or environmental engineering or engineering technology from a Nationally accredited college or university (BS/BA).
(e) The required experience under Track II is:
(1) Track II experience requirements for wastewater treatment system operators.
Class CP ASP AS BS/BA A 2 years 1 year 3.5 years 2 years B 1 year 6 months 2.5 years 1 year C 6 months 6 months 1.5 years 6 months D 6 months 6 months 6 months 6 months E 6 months 6 months 6 months 6 months (2) Track II experience requirements for water system operators.
Class CP ASP AS BS/BA A 2 years 1 year 3.5 years 2 years B 1 year 6 months 2.5 years 1 year C 6 months 6 months 1.5 years 6 months D 6 months 6 months 6 months 6 months E 6 months 6 months 6 months 6 months Dc 0 0 6 months 0 Dn 0 0 6 months 0 (f) When education is applied to meet the experience requirements for certification under Track II, the credit can only be applied once and is not cumulative.
§ 302.704. Determining qualifying experience.
(a) The Board will determine if the applicant's experience meets the experience requirements defined in § 302.703 (relating to experience requirements).
(b) Experience for certification is achieved by participating in a combination of activities related to process control under the supervision of a certified operator who holds the appropriate subclassifications.
(c) The Board will consider the following activities for qualifying experience:
(1) Operating mechanical equipment related to process control.
(2) Maintaining mechanical equipment related to process control.
(3) Collecting and analyzing chemical and biological samples related to process control and regulatory compliance activities.
(4) Performing calculations related to process control.
(5) Preparing or standardizing chemical and biological solutions.
(6) Interpreting, compiling and completing monitoring data.
(7) Recommending appropriate process control measures.
(8) Participating in onsite assessment, inspection or evaluation of plant processes.
(9) Calibrating chemical feed systems.
(10) Using equipment to monitor and measure flows through a water or wastewater system.
(d) An applicant for a wastewater certificate may apply experience as defined in subsection (c) as follows:
(1) Experience working at an activated sludge wastewater system qualifies an applicant for an activated sludge wastewater certificate (Subclassification 1), the fixed film wastewater certificate (Subclassification 2) and the treatment pond and lagoon wastewater certificate (Subclassification 3).
(2) Experience working at a fixed film wastewater system qualifies an applicant for a fixed film wastewater certificate (Subclassification 2) and a treatment pond and lagoon wastewater certificate (Subclassification 3).
(3) Experience working at a treatment pond and lagoon wastewater system qualifies the applicant for the treatment pond and lagoon wastewater certificate (Subclassification 3).
(4) Experience working at a satellite collection system or a single entity collection system qualifies the applicant for a Class E Subclassification 4 wastewater certificate.
(5) Experience for class may be obtained at a wastewater system with the classification level requested or two classification levels alphabetically lower.
(e) An applicant for a water certificate may apply experience as defined in subsection (c) as follows:
(1) Experience working at a conventional filtration, direct filtration, diatomaceous earth filtration or slow sand filtration water system qualifies an applicant for any of the following:
(i) The filtration water certificates (Subclassifications 1, 2, 3, 4, 5 and 6).
(ii) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(iii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(2) Experience working at a cartridge or bag filtration or membrane filtration water system qualifies an applicant for any of the following:
(i) The cartridge or bag filtration and the membrane filtration water certificates (Subclassifications 5 and 6).
(ii) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(iii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(3) Experience working at a corrosion control and sequestering, chemical addition, ion exchange and greensand or aeration and activated carbon adsorption water system qualifies an applicant for any of the following:
(i) The chemical treatment water certificates (Subclassifications 7, 8, 9 and 10).
(ii) The gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(4) Experience working at a gaseous chlorine disinfection or nongaseous chemical disinfection water system qualifies an applicant for the gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(5) Experience working at an ultraviolet water system qualifies an applicant for the ultraviolet water treatment certificate (Subclassification 13).
(6) Experience working at an ozonation water system qualifies an applicant for the ozonation water treatment certificate (Subclassification 14).
(7) Experience for a class may be obtained at a water system at the classification level requested or two classification levels alphabetically lower.
(8) Experience working at a Dc water system qualifies an applicant for only the Class D water certificate with the gaseous chlorine and nongaseous chemical disinfection water treatment certificates (Subclassifications 11 and 12).
(9) Experience working at a Dn water system qualifies an applicant for only the Class D water certificate without any subclassifications.
(f) One year of experience is equal to 220 working days or 1,760 hours of employment.
(g) Experience will be prorated for time periods less than 1 year.
(h) Experience is counted up to the first day of the month after the applicant submits an application for certification action.
(i) An applicant's experience at a wastewater system may be used to meet no more than half the experience requirement for a drinking water certification of the same classification level or a level alphabetically lower. The remaining experience must be operating experience at a drinking water system as defined in subsection (c).
(j) An applicant's experience at a water system may be used to meet no more than half the experience requirement of a wastewater certification of the same classification level or a level alphabetically lower. The remaining experience must be operating experience at a wastewater system as defined in subsection (c).
§ 302.705. Accelerated certification requirements for system modifications.
(a) An operator certificate upgrade is required when an increase in treatment capacity of the system no longer qualifies the available operator to make process control decisions for that system. When the capacity of the system is increased so as to change the classification of the system, the existing available operators will qualify for an accelerated certification upgrade by applying for an upgrade in class before the larger system becomes operational. Additional experience or training is not required.
(b) An operator certificate upgrade is required when the addition of a different treatment technology to a system no longer qualifies the available operators to make process control decisions for that system. When a different treatment technology is added that results in a change of the subclassification of the system, the existing available operators may qualify for an accelerated certification upgrade if:
(1) The owner obtains the appropriate NPDES, public water supply or The Clean Streams Law permit from the Department.
(2) The operator successfully completes an onsite, Department-approved training program from the manufacturer or consulting engineer on the proper operation and maintenance of the new treatment technology.
(3) The operator passes, or previously passed, the appropriate Part II Technology Specific examination for the new treatment technology. Additional experience required under § 302.303(b) (relating to issuance of upgraded certificate) would be waived.
(4) The manufacturer or consulting engineer provides the Board and the Department with written documentation that the available operators for the system have successfully completed the formalized startup training and assistance program and are competent in the operation of the treatment technology.
(c) The available operators of the system undergoing an upgrade may continue to make process control decisions for the system if the conditions for accelerated certification as defined in subsection (a) or (b) are met. If not, the owner of the system will find another available operator with the appropriate class and subclassifications to make process control decisions until the existing certified operators at the system meet the additional examination requirements defined in § 302.702 (relating to examination requirements) and any additional experience requirements defined in § 302.703 (relating to experience requirements).
Subchapter H. CONTINUING EDUCATION
AND TRAININGSec.
302.801. Training and continuing education. 302.802. Continuing education requirements for certificate renewal. 302.803. Phased schedule for continuing education requirements. 302.804. System security training requirements. § 302.801. Training and continuing education.
(a) The Department will designate all approved training and continuing education into one of the following categories:
(1) Wastewater.
(2) Water.
(3) Bioperable.
(4) Security training as established in § 302.804 (relating to system security training requirements).
(b) The Department may approve, deny, suspend or revoke any training sponsor, training program, training course or conference session.
(c) The Department may audit, examine, inspect, and review the activities and documentation of approved training sponsors, training programs, approved instructors, courses, course content, conference sessions, teaching materials and facilities as related to water operator training and wastewater operator training and continuing education.
(d) The Department will develop training approval process guidelines that define the standards for the approval of training providers as training sponsors, training programs, instructors, courses and course content, conference sessions and other teaching materials and facilities used for the development and delivery of water and wastewater operator training and continuing education.
(e) Decisions of the Department related to this section are reviewable by the Board.
§ 302.802. Continuing education requirements for certificate renewal.
(a) Only contact hours for training approved by the Department will be used by a certified operator to meet the continuing education requirements for certificate renewal.
(b) A certified operator is required to successfully obtain the designated continuing education contact hours as defined in § 302.803 (relating to phased schedule for continuing education requirements) for certification renewal for the appropriate class.
(c) Bioperable operators will meet the continuing education requirements for each water and wastewater certificate held.
(d) A certified operator may not apply excess contact hours to a subsequent 3 year renewal cycle.
(e) For the purpose of meeting the continuing education requirement, the contact hours associated with a Department-approved course may only be applied once within an operator's 3 year renewal cycle.
(f) A Department-approved instructor holding an operator's certificate may be granted continuing education contact hours for teaching a Department-approved training course provided the instructor delivers the course within the instructor's 3 year renewal cycle and provides documentation to the Department that the course was completed, with the total amount of hours of training delivered. The contact hours for a specific course can be granted only once within the 3 year renewal cycle in which the course is taught.
(g) A certified operator is credited continuing education contact hours in the 3 year renewal cycle in which the training was completed, as documented by the training provider.
(h) Certified operators that have successfully completed the Department's Drinking Water Corrosion Control Treatment Course or Bio-solids Management Course may be granted a one-time credit for the contact hours for continuing education during the initial renewal cycle, regardless of the date of completion.
§ 302.803. Phased schedule for continuing education requirements.
(a) The number of required contact hours of continuing education for certificate renewal is as follows:
(1) Contact hour requirements for wastewater system certified operators.
Operator Class Contact Hours for First 3-Year
Renewal CycleContact Hours for Subsequent
3-Year Renewal CycleA 15 30 B 15 30 C 15 30 D 8 15 E 8 15 Grandparented 8 15 (2) Contact hour requirements for water system certified operators.
Operator Class Contact Hours for First 3-Year
Renewal CycleContact Hours for Subsequent
3-Year Renewal CycleA 15 30 B 15 30 C 15 30 D 8 15 E 8 15 Dc 4 9 Dn 3 6 Grandparented 8 15 (b) The first 3-year renewal cycle is defined as either the first 3-year period in which a certified operator holds a valid certificate after being transferred from an annual renewal cycle, or the first cycle after receiving certification.
(c) The subsequent 3-year renewal cycle is every 3-year period after the operator's first three-year renewal cycle.
§ 302.804. System security training requirements.
(a) Every certified operator shall successfully complete a Department-approved system security training course.
(b) A certified operator shall meet the system security training requirement in the certified operator's first renewal period commencing on or after September 18, 2010.
(c) A certified operator shall successfully demonstrate the knowledge, skills and abilities contained in the Department's system security training course using a Department-approved learning assessment method.
(d) The contact hours associated with the system security training also qualifies as approved continuing education within an operator's 3-year renewal cycle.
(e) A Department-approved training sponsor may, upon written agreement with the Department, deliver the Department's system security course that is approved to meet the requirements of this section.
(f) Bioperable operators need to successfully complete the Department-approved system security training course only once.
(g) The Department may require certified operators to attend and successfully complete additional Department-approved system security courses upon written notification when any of the following occur:
(1) The operator failed the Department-approved system security course required in subsection (a).
(2) There is a history of security issues at a water or wastewater system where the certified operators work.
(3) There is a history of security issues with the certified operator.
(4) New or updated security courses become available.
(5) The Department determines a situation or threat (Federal, State, local) exists that requires additional specific security courses.
(h) When establishing additional security training requirements as provided for in subsection (g), the Department will include the following in the written notification:
(1) Identification of the certified operators who must complete the training.
(2) The deadline for completing the security training.
(3) The amount and type of security training to be completed.
Subchapter I. SYSTEM CLASSIFICATION AND SUBCLASSIFICATIONS Sec.
302.901. Classification and subclassifications of water systems. 302.902. Classifications and subclassifications of wastewater systems. § 302.901. Classification and subclassifications of water systems.
(a) Water systems will be classified into one of five classifications being designated as Classification A, B, C, D or E as follows:
(1) Classification A. Water systems serving an average of more than 5 million gallons per day.
(2) Classification B. Water systems serving an average of greater than 1 million gallons per day but less than or equal to 5 million gallons per day.
(3) Classification C. Water systems serving an average of greater than 100,000 gallons per day but less than or equal to 1 million gallons per day.
(4) Classification D. Water systems serving an average of less than or equal to 100,000 gallons per day.
(5) Classification E. Distribution and consecutive water systems, without treatment.
(b) Upon written request by the owner, the Department may reclassify a water system serving no more than 500 individuals or having no more than 150 connections, where the source of water for the system is exclusively groundwater, as a Dc water system. A water system that requires only disinfection will be classified as a Dc system.
(c) Each water system Classification A, B and C must be assigned one or more of the following 14 treatment subclassifications that identifies the treatment methods used to process water at that system. Classifications D and E may have one or more of the following 14 treatment subclassifications if the system or operator uses the specified treatment methods to process drinking water at that system.
(1) Subclassification 1—Conventional Filtration.
(2) Subclassification 2—Direct Filtration.
(3) Subclassification 3—Diatomaceous Earth Filtration.
(4) Subclassification 4—Slow Sand Filtration.
(5) Subclassification 5—Cartridge or Bag Filtration.
(6) Subclassification 6—Membrane Filtration.
(7) Subclassification 7—Corrosion Control and Sequestering.
(8) Subclassification 8—Chemical Addition.
(9) Subclassification 9—Ion Exchange and Greensand.
(10) Subclassification 10—Aeration and Activated Carbon Adsorption.
(11) Subclassification 11—Gaseous Chlorine Disinfection.
(12) Subclassification 12—Nongaseous Chemical Disinfection.
(13) Subclassification 13—Ultraviolet Disinfection.
(14) Subclassification 14—Ozonation.
(d) Upon written notice provided to the owners and available operators of the system, the Department may change the classification or subclassification of a water system because of changes in the conditions or circumstances at the system, including, but not limited to:
(1) An increase in capacity that changes the class of the system.
(2) The addition or loss of a treatment technology.
(3) Other Federal or State regulatory changes in requirements relating to the treatment technology used at the system.
(4) The issuance of a permit changing the class or subclassification of a system.
§ 302.902. Classifications and subclassifications of wastewater systems.
(a) Wastewater systems will be classified into one of five classifications being designated as Classification A, B, C, D or E as follows:
(1) Classification A. Wastewater systems with a permitted average daily discharge flow greater than 5 million gallons per day or unlimited permitted discharge flows.
(2) Classification B. Wastewater systems with a permitted average daily discharge flow greater than 1 million gallons per day but less than or equal to 5 million gallons per day.
(3) Classification C. Wastewater systems with a permitted average daily discharge flow greater than 100,000 gallons per day but less than or equal to 1 million gallons per day.
(4) Classification D. Wastewater systems with a permitted average daily discharge flow equal to or less than 100,000 gallons.
(5) Classification E. A satellite collection system.
(b) Each wastewater system Classification A, B, C and D must be assigned one or more of 4 treatment subclassifications that identifies the treatment or collection methods, or both, used to process wastewater at that system:
(1) Subclassification 1—Activated Sludge.
(2) Subclassification 2—Fixed Film.
(3) Subclassification 3—Treatment Ponds and Lagoons.
(4) Subclassification 4—Single Entity Collection System.
(c) Upon written notice provided to the owners and available operators of the system, the Department may change the classification or subclassification of a wastewater system because of changes in the conditions or circumstances at the system, including, but not limited to:
(1) An increase in capacity that changes the class of the system.
(2) The addition or loss of a treatment technology.
(3) Other Federal or State regulatory changes in requirements relating to treatment technology used at the system.
(4) The issuance of a permit changing the class or subclassification of a system.
Subchapter J. OPERATOR CLASSES AND SUBCLASSIFICATIONS Sec.
302.1001. General provisions. 302.1002. Certification classes and subclassifications of water system operators. 302.1003. Certification classes and subclassifications of wastewater sys tem operators. 302.1004. Operator-in-training status. 302.1005. Grandparented operators. 302.1006. Laboratory supervisor certification. § 302.1001. General provisions.
(a) A certified operator may hold only one valid water certificate and one valid wastewater certificate. Each valid certificate may include one or more appropriate classes and subclassifications.
(b) A certified operator holding a valid Class A, B, C or D and the Class E water or wastewater certificate and all the water or wastewater treatment technology subclassifications, will be issued either a water or wastewater master certificate for that class.
§ 302.1002. Certification classes and subclassifications of water system operators.
(a) There are 6 water classes and 14 water treatment technology subclassifications that correspond to the water system classifications and treatment technology subclassifications defined in § 302.901 (relating to classification and subclassifications of water systems).
(b) To hold a valid Class A, B or C water certificate, the operator shall meet the certification requirements set forth in § 302.104 (relating to certification requirements) for at least one water treatment technology subclassification defined in § 302.901.
(c) To hold a valid Class D or E water certificate, the operator shall meet the certification requirements in § 302.104 but is not required to have a subclassification, unless the operator is involved in making process control decisions involving one of the subclassification treatment technologies defined in § 302.901.
(d) A Dc or Dn certificate is a stand-alone certificate and does not include any water treatment technology subclassifications.
(e) Water operators with a Class A, B, C or D water certificate that also make process control decisions in the distribution system shall also have the Class E certificate.
§ 302.1003. Certification classes and subclassifications of wastewater system operators.
(a) There are five wastewater classifications and four wastewater treatment technology subclassifications that correspond to the wastewater treatment system classifications and treatment technology subclassifications defined in § 302.902 (relating to classifications and subclassifications of wastewater systems).
(b) Certified wastewater operators holding an A, B, C or D classification will have at least one wastewater treatment technology subclassification.
(c) The Class E wastewater classification will be combined with Subclassification 4 as a standalone certificate for operators of wastewater collection systems who meet the requirements for certification as defined in § 302.104 (relating to certification requirements).
(d) Wastewater operators with a Class A, B, C or D wastewater certificate that also make process control decisions in the collection system shall also have the E4 certificate.
§ 302.1004. Operator-in-training status.
(a) The operator-in-training status applies to an individual passing the certification examinations who has not yet met the minimum education and experience requirements in §§ 302.701 and 302.703 (relating to minimum education requirements; and experience requirements).
(b) An operator-in-training status is valid until the individual demonstrates the education and experience requirements as defined in §§ 302.701 and 302.703 have been met and the Board issues a certificate.
(c) An individual with operator-in-training status will not independently make process control decisions or serve as the available operator for a water or wastewater system.
(d) An operator-in-training may concurrently hold a water and wastewater operator-in-training status.
§ 302.1005. Grandparented operators.
(a) This section applies to those operators of nontransient noncommunity water systems, satellite wastewater collection systems containing a pump station or single entity wastewater collection systems who were granted a grandparented certificate by the Board.
(b) Grandparented certificates are site, size and technology specific and not transferable to any other water or wastewater system.
(c) A grandparented certificate is temporary and will expire within 3 years of the date of issuance. A certified operator who was grandparented shall meet the conditions for certification renewal including the submittal of an application for certification action for renewal defined in § 302.201 (relating to form of application) and completion of the continuing education requirements defined in § 302.802 (relating to continuing education requirements for certificate renewal).
(d) The grandparented certificate is no longer valid if one of the following applies:
(1) The certified operator moves to another water or wastewater system.
(2) The system subclassification changes because of a modification or addition, or both, of treatment technology.
(3) The Board modifies, suspends or revokes the certificate upon petition of the Department.
(e) If a grandparented certificate is no longer valid, the operator shall meet the requirements for certification as identified in § 302.104 (relating to certification requirements).
§ 302.1006. Laboratory supervisor certification.
(a) There will be a laboratory supervisor subclassification (15) for individuals responsible for the supervision of testing or analysis of environmental samples and reporting of analytical data for water supply systems in a Pennsylvania-accredited environmental laboratory operated by a water system.
(b) There will be a laboratory supervisor subclassification (5) for individuals responsible for supervision of the testing or analysis of environmental samples and reporting of analytical data for wastewater systems in a Pennsylvania-accredited environmental laboratory operated by a wastewater or industrial waste system.
(c) A certified operator, including those holding a master certificate, will not be qualified by the Department for a laboratory supervisor certificate without meeting the requirements in this section.
(d) Laboratory supervisor certification is not required to qualify for a master certificate in water or wastewater.
(e) An applicant for laboratory supervisor's certification for drinking water or wastewater shall have 2 years of experience in the testing and analysis of environmental samples for water or wastewater systems.
(f) An applicant for laboratory supervisor's certification for drinking water or wastewater systems shall hold a valid operator's certificate and demonstrate the knowledge, skills and abilities needed to be a laboratory supervisor by obtaining a passing score on either the Part II Laboratory Supervisor for Water Systems or Part II Laboratory Supervisor for Wastewater Systems examination.
(g) In accordance with § 252.302(h)(3) (relating to qualifications of the laboratory supervisor), certified operators who are serving as the laboratory supervisor for a drinking water or wastewater system on September 18, 2010, will have 12 months after the Board makes the water or wastewater laboratory subclassification examination available to meet the standards for certification as defined in this section.
(h) Certified operators who meet the other qualifications defined in § 252.302 or § 252.303 (relating to grandfathering provisions for laboratory supervisors) do not need to obtain the laboratory supervisor certification to continue serving as a laboratory supervisor for a water or wastewater system.
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 chapter, and any other Federal or State law or rules and regulations promulgated thereto applicable to the operation of water and wastewater systems 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 § 302.104 (relating to certification requirements). When requesting a certificate under this subchapter, the applicant shall provide a copy of, or other 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) Development of 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. 302.1208. PLCs and SCADA. 302.1209. Assessment of fines and penalties. § 302.1201. Duties of operators.
(a) A certified operator shall comply with the act, this chapter, and other Federal or State law or rules and regulations promulgated thereto applicable 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 consider reports submitted to the owner in accordance with subsection (c) and the owner's response as defined in § 302.1202(a)(4) (relating to duties of owners) when deciding if a certified operator is in compliance.
(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 compliance monitoring samples of the water or wastewater systems.
(15) Preparing, reviewing and submitting applicable notices and 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 report to the system owner known violations or system conditions that may be or are causing violations of Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems. When submitted, the report must include the following:
(1) The name of the certified operator making 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) Actions or mitigating measures associated with process control necessary to prevent or eliminate a violation of Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems.
(d) The available operators making process control decisions are responsible for those decisions and consequences, unless the owner fails to respond to a 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 Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems.
(2) Insure process control decisions at the systems are made by available operators with a valid operator's certificate with the appropriate classes and subclassifications.
(3) 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.
(4) Take appropriate action in a timely manner in response to reports required under § 302.1201(c) (relating to duties of operators) from certified operators.
(5) Provide a copy of all current, relevant water and wastewater permits to all available operators, unless the owner submits a written request to the Department. Upon receipt of this written request, the Department will provide the current water and wastewater permits to the available operator designated by the owner.
(b) Upon written request, 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 address (if available) of 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.
§ 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 PLC system as provided under § 302.1208 (relating to PLCs and 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 will consider the following criteria when determining whether or not to require a process control plan:
(1) The system has a significant history of noncompliance.
(2) The system is having difficulty with a new treatment technology.
(3) Another unique situation where the development of a process control plan is warranted.
(f) The Department will notify the owner in writing when it is determined a process control plan is needed.
§ 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) State which treatment processes are covered by the standard operating procedures for treatment process that are not covered by the standard operating procedures, the operator must be instructed to contact the operator in responsible charge to make any necessary process control decisions.
(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 Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems.
(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) The system owner shall notify the Department of changes in the operator in responsible charge within 10 days of the change, including the name, client ID, and certificate number of the operators in responsible charge. System owners shall notify the operators in responsible charge of this designation in writing.
(b) Upon request of the Department, a system owner shall provide the name, client ID, and certificate number of any operators in responsible charge.
(c) 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 classification and subclassifications of water systems; and classification and subclassifications of wastewater systems).
(d) A grandparented operator can be designated as the operator in responsible charge.
(e) The duty of the operator in responsible charge will be to approve any standard operating procedures developed for the system.
(f) The operator in responsible charge as designated in subsection (a), is accountable for violations of Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems which may occur when an operator follows these standard operating procedures, provided that the violation occurred as a direct result of a provision in the standard operating procedure approved by the operator in responsible charge.
§ 302.1207. Operation of multiple treatment systems.
(a) An available operator may make process control decisions at more than one system.
(b) Any available operator operating more than one system, including a circuit rider, shall meet the requirements of the act, this chapter, and Federal or State law or rules and regulations promulgated thereto applicable to the operation of water or wastewater systems.
(c) An owner may use the services of a circuit rider to meet the requirements of the act, this chapter, and Federal or State law or rules and regulations promulgated thereto applicable to the operation of water or wastewater systems.
(d) A system owner shall notify the Department within 10 days when a circuit rider is employed to operate the system.
(e) Unless the following information is specified in a contract between the circuit rider and the owner, the 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 estimated hours per week the circuit rider works at each system, with the method of documentation to be used for each visit.
(f) 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.
(g) An available operator may not make process control decisions at more than one system until the owner has provided approval through signature for the specific management plan for the system.
(h) 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.
(i) 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.
(j) The circuit rider shall report changes to the system specific management plan and provide appropriate documentation within 10 days to the owner of the system identified in the management plan.
(k) The Department may require the circuit rider to be present at a system for the purposes of Department inspection or investigation.
(l) 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 chapter, and Federal or State law or rules and regulations promulgated thereto applicable to the operation of water or wastewater systems.
(2) There is a threat to public health, safety and the environment due to the actions of the circuit rider.
(3) Changes have occurred at the system that are not included in the system specific management plan.
§ 302.1208. PLCs and SCADA.
(a) An owner may use a PLC or SCADA system to monitor, maintain or make decisions regarding any process control activity within the water or wastewater system.
(b) The available operator shall monitor a PLC or SCADA system that is used for process control, and have the ability to adjust, or direct the adjustment of, these systems when necessary to maintain compliance with Federal or State law or rules and regulations promulgated thereto or permit conditions and requirements applicable to the operation of water or wastewater systems.
(c) A system utilizing a PLC or SCADA system shall have a backup emergency plan for making process control decisions when, or if, the PLC or SCADA system is inoperable.
(d) If an owner wants to have a PLC or 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 or SCADA system will be made and demonstrate how continual staffing and monitoring of systems controlled by a PLC or SCADA system will be maintained.
§ 302.1209. Assessment of fines and penalties.
The assessment of a civil penalty for noncompliance with section 5(d), 6(d) or 13 of the act (63 P. S. §§ 1005(d), 1006(d) and 1013) will be assessed only upon the person's failure to comply with an order of the Department issued under section 4(b)(1.1) (63 P. S. § 1004(b)(1.1)) of the act.
CHAPTER 303. (Reserved) §§ 303.1—303.3. (Reserved).
§§ 303.11—303.14. (Reserved).
§§ 303.21—303.28. (Reserved)
§§ 303.31—303.34. (Reserved).
CHAPTER 305. (Reserved) §§ 305.1—305.7. (Reserved).
[Pa.B. Doc. No. 10-1752. Filed for public inspection September 17, 2010, 9:00 a.m.]
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