W. Va. Code R. § 64-5-5

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-5-5 - Required Personnel and Conditions of Employment

5.1. Any individual who operates a Class S, Class C, Class I, Class II, Class III, or Class IV wastewater system in West Virginia shall be certified by the Commissioner. Any individual who operates a Class H wastewater system in West Virginia shall be certified by the Commissioner or Secretary.

5.2. A certified wastewater operator shall:

5.2.1. Be responsible for his or her 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 wastewater system.

5.2.3. Not work in a wastewater system using 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 wastewater system.

5.2.5. Comply with the provisions of Bureau for Public Health legislative rule, Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners, 64CSR9.

5.2.6. Demonstrate data integrity by providing complete, accurate, and true information for the period in which he or she was responsible for data collection including, but not limited to, records, reports, and lab results.

5.3. A Class H and Class S system and the collection system portion only of a wastewater system under the direct jurisdiction of the treatment plant are not required to designate a Chief Operator.

5.3.1. The owner of a Class H wastewater system shall ensure it is operated by a Class H, Class I, or higher wastewater operator.

5.3.2. The owner of a Class S wastewater system shall ensure it is operated by a Class S wastewater operator.

5.3.3. The owner of a Class C wastewater system shall ensure it is operated by a Class C, Class I, or higher wastewater operator.

5.4. The owner of a wastewater system shall:

5.4.1. Employ a Chief Operator with certification equal to or higher than the system classification, except for Class H, Class S, and Class C systems. A wastewater system shall have more than one Chief Operator if jurisdiction is bifurcated between the collection system and treatment plant or otherwise approved in writing by the Commissioner based upon written request;

5.4.1.a. In the case of collection systems not under the direct jurisdiction of the treatment plant Chief Operator, employ an additional Chief Operator with a Class C, Class I, or higher certification and an adequate number of certified operators to operate the collection system. The owner shall:

5.4.1.a.1. Employ a Chief Operator to be on-site at all new wastewater systems, except for Class H, Class S, and Class C, when construction is 25 percent complete; and

5.4.1.a.2. Place direct supervision of the wastewater system, including each treatment facility and collection 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 of higher classification, unless written permission is granted by the Commissioner;

5.4.4. Notify the Commissioner and Secretary within 24 hours, in a manner approved by the Commissioner, of any employment status changes of the system's certified operators, including their reassignment, except for Class H systems;

5.4.5. Submit a personnel status report as of July 1 by July 15 every year, except for Class H systems. The report shall be in a manner approved by the Commissioner and required information includes, at a minimum: a list of all certified operators employed, the Chief Operator, and the system owner;

5.4.6. Post a copy of the current certification of all certified operators employed at the wastewater system in a conspicuous location in the wastewater system treatment plant or the wastewater system office, except for Class H systems; and,

5.4.7. Employ an advanced certified operator to be on-site at all new advanced systems when construction is 50 percent complete.

5.5. The Chief Operator of a wastewater system shall:

5.5.1. Be responsible for the operation of the wastewater system;

5.5.2. Be employed on a full-time basis by the wastewater system owner except in Class C and Class I systems;

5.5.3. Attend a course approved by the Commissioner for training as a Chief Operator. A person newly designated by the owner as the Chief Operator after the effective date of this rule shall attend within one year;

5.5.4. Apply to the Commissioner for OIT certification, on behalf of an OIT applicant, within 30 calendar days of his or her hire at the wastewater system. An applicant's experience gained for certification starts only upon the issued date of the OIT certificate;

5.5.5. Be responsible for the training and job duty assignments of OITs and other certified operators and proper documentation of this experience towards a certification upgrade;

5.5.6. Renew the certification of each OIT employee every two years or until all requirements for Class I certification are met. Applicants must submit their renewal application at least 30 calendar days prior to their certificate's expiration date, in a manner approved by the Commissioner. The OIT shall attempt to pass the 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 system.

5.6. Adequate Operator Coverage:

5.6.1. Class H systems shall be operated by a Class H, Class I, or higher wastewater operator who shall be on call 24 hours a day/seven days a week. A Class H, Class I, or higher operator shall conduct an adequate number of on-site visits to ensure proper operation in accordance with the NPDES permit.

5.6.2. Class S systems shall be operated by a Class S operator who shall be on call 24 hours a day/seven days a week. A Class S operator shall conduct an adequate number of on-site visits to ensure proper operation in accordance with the NPDES permit. If a Class S system is designated as an advanced system, the individual providing adequate coverage in accordance with this section shall have the advanced designation.

5.6.3. Class C systems shall be operated by a Class C, Class I, or higher operator who shall be on call 24 hours a day/seven days a week. A Class C, Class I, or higher operator shall conduct an adequate number of on-site visits to ensure proper operation in accordance with the NPDES permit.

5.6.4. Class I systems shall be operated by a Class I or higher operator who shall be on call 24 hours a day/seven days a week. A Class I or higher operator shall conduct an adequate number of on-site visits to ensure proper operation in accordance with the NPDES permit. If a Class I system is designated as an advanced system, the individual providing adequate coverage in accordance with this section shall have the advanced designation.

5.6.5. Class II, Class III, and IV systems shall be operated on-site at least 40 hours per week by an operator with certification equal to or greater than the system classification, unless the Commissioner grants a written limited waiver to this requirement in response to a written request by the system owner. 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. An operator certified at a level equal to or greater than the system classification shall be on call 24 hours a day/seven days a week. Class II, Class III, and IV systems shall have at least one certified operator (except Class H, Class S, or Class C level) in addition to the Chief Operator. If a Class II or higher system is designated as an advanced system, the individual providing adequate coverage in accordance with this section shall have the advanced designation. Adequate operator coverage shall be maintained at all times to ensure proper operation in accordance with the NPDES permit.

W. Va. Code R. § 64-5-5