§ 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.
Cross References This section cited in 25 Pa. Code § 302.308 (relating to suspensions, revocation or modification of an operator’s certificate); and 25 Pa. Code § 302.1202 (relating to duties of owners).
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