Current through Register Vol. XLI, No. 24, June 14, 2024
Section 64-4-5 - Required Personnel and Conditions of Employment5.1. An individual who operates a 1D, Class R, WDS, Class I, Class II, Class III, or Class IV PWS in West Virginia must be certified by the Commissioner.5.2. A certified water operator shall: 5.2.1. Be responsible for their certification in accordance with all aspects of this rule;5.2.2. Carry his or her current certification card issued by the Commissioner upon them at all times the operator is operating the PWS;5.2.3. Not work in a PWS under the certification of another person; only the person whose name appears on the operator certification is certified by that document. Certifications are not transferable;5.2.4. Notify the Commissioner at least 30 calendar days in advance of the voluntary termination of his or her employment at a PWS;5.2.5. Comply with the provisions of Bureau for Public Health legislative rule, Public Water Systems, 64CSR3; and,5.2.6. Demonstrate data integrity by providing complete, accurate, and true information for the period in which they were responsible for data collection including, but not limited to, records, reports, and lab results.5.3. 1D, Class R, and the distribution portion only of a PWS under the direct jurisdiction of the treatment plant are not required to designate a Chief Operator. 5.3.1. The owner of a 1D system shall ensure it is operated by a 1D, Class I, or higher water operator.5.3.2. The owner of a Class R system shall ensure it is operated by a Class R, Class I, or higher water operator.5.3.3. The owner of a WDS system shall ensure it is operated by a WDS, Class I, or higher water operator.5.4. The owner of PWS shall:5.4.1. Employ a Chief Operator with a certification equal to or higher than the system classification, except for 1D and Class R PWSs. A PWS may have more than one Chief Operator if jurisdiction is bifurcated between the distribution system and treatment plant or otherwise approved in writing by the Commissioner based upon a written request; 5.4.1.a. In the case of a distribution system not under the direct jurisdiction of the treatment plant Chief Operator, employ an additional Chief Operator with WDS, Class I, or higher certification and an adequate number of certified operators to operate the distribution system.5.4.1.b. Place direct supervision of their PWS, including each treatment facility and distribution system, under the responsible charge of the Chief Operator holding an adequate certification.5.4.2. Employ an adequate number of certified operators to operate the system;5.4.3. Not employ more OITs than the number of employed certified operators, unless written permission is granted by the Commissioner;5.4.4. Notify the Commissioner within 24 hours, in a manner and form approved by the Commissioner, of any certified operator or OIT employment status changes;5.4.5. Submit a personnel status report as of July 1 by July 15 every year. The report shall be in a manner and form approved by the Commissioner and required information includes, at a minimum: a list of all certified operators employed, the Chief Operators, and the system owner; and,5.4.6. Post a copy of the current certification of all certified operators employed at the PWS in a conspicuous location in the water treatment plant, or, if there is no water treatment plant, the PWS office.5.5. The Chief Operator of a PWS shall: 5.5.1. Be responsible for the operation of the PWS;5.5.2. Be employed on a full-time basis by the PWS owner except in WDS and Class I systems;5.5.3. Attend a course approved by the Commissioner for training as a Chief Operator. Attendance of the designated course is also applicable for CEH credit for the renewal cycle. A person newly designated by the owner as the Chief Operator after the effective date of this rule shall attend the course within one year. Class R and 1D systems are exempt from the requirements of this subdivision;5.5.4. Apply to the Commissioner for OIT certification, on behalf of OIT applicants, within 30 days of their hire at the PWS. An OIT's experience gained for certification starts only upon the issued date of the OIT certificate;5.5.5. Be responsible for training and job duty assignments of OITs and other certified operators and properly document each OIT's or other certified operator's experience towards certification upgrade;5.5.6. Renew the OIT certification every two years or until all requirements for WDS or Class I certification are met. Submit the renewal application at least 30 calendar days prior to the expiration date, in a manner and form approved by the Commissioner. The OIT shall attempt to pass the WDS or Class I examination at least once during each two-year renewal; and,5.5.7. Be automatically designated as the Chief Operator if he or she is the only certified operator who meets the requirements of subsection 5.4. of this section for the PWS.5.6. Adequate Operator Coverage: 5.6.1. Class R PWSs shall have a Class R, Class I, or higher operator present at all times water quality decisions are made to ensure proper operation in accordance with all applicable state and federal laws.5.6.2. 1D and WDS PWSs shall have an operator with certification equal to or greater than the system classification present at all times water quality decisions are made and present at least once every day to ensure proper operation in accordance with all applicable state and federal laws.5.6.3. Class I PWSs shall have a Class I or higher operator present at all times water quality decisions are made. A properly certified operator shall be present at least once every day when the plant is operational to ensure proper operation in accordance with all applicable state and federal laws.5.6.4. Class II PWSs shall have an operator with certification equal to or greater than the system classification present in the primary treatment facility at all times when the plant is operational unless the Commissioner grants a written limited waiver to this requirement in response to a written request by the owner of the PWS. If granted, a limited waiver shall permit an operator who has, at a minimum, passed the next highest level certification examination to perform the tasks of an operator certified one grade higher. All limited waivers granted will be individual and system specific (not transferable) and may be rescinded immediately if compliance concerns arise. 5.6.4.a. Class I operators at Class II PWSs who apply for a limited waiver in writing from the Commissioner to operate without on-site supervision of a Class II operator shall, at a minimum, pass the Class II exam before being considered for a limited waiver.5.6.5. Class III and IV PWSs shall have an operator with certification no lower than one class below the system classification present in the primary treatment facility at all times when the plant is operational.5.6.6. Class II, III, and IV PWSs shall have at least one certified operator (except 1D, Class R, or WDS level) in addition to the Chief Operator, unless the Commissioner grants a written limited waiver to this requirement in response to a written request by the owner of the PWS. If granted, a limited waiver shall permit an operator who has, at a minimum, passed the next highest level certification examination to perform the tasks of an operator certified one grade higher. All limited waivers granted will be individual and system specific (not transferable) and may be rescinded immediately if compliance concerns arise.