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.
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).
§ 302.1202. Duties of owners.
(a) An owner of a water or wastewater system shall:
(1) Comply 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.
(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.
Cross References This section cited in 25 Pa. Code § 302.104 (relating to certification requirements); and 25 Pa. Code § 302.1201 (relating to duties of operators).
§ 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 processes 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.
Cross References This section cited in 25 Pa. Code § 302.1208 (relating to PLCs and SCADA).
§ 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.
Cross References This section cited in 25 Pa. Code § 302.1203 (relating to process control decisions).
§ 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.
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