Current Public Water Supply Regulatory Issues, Pt. 2

1. Current Public Water Supply Regulatory Issues, Pt. 2 10 NYCRR5 Eric W. Wohlers, P.E. Environmental Health Director Christopher G. Crawford, Ph.D. Water Resources Specialist Cattaraugus County Environmental Health

2. Operator Requirements 10 NYCRR 5-4

3. What level of certificate do I need? Can I go on vacation? Do I need an assistant operator? What is my legal exposure? Can others work under my license? What are my CEU requirements? What are prerequisites? How can I lose my certificate?

4. 10 NYCRR 5-4 • 5-4.1 Definitions • 5-4.2 Certification Required • 5-4.3 Qualifications Required • 5-4.4 Education, experience, and/or training substitutions • 5-4.5 Validated examinations • 5-4.6 Grandparenting • 5-4.7 Enforcement • 5-4.8 Certification renewal/recertification

5. What level of certificate do I need? • Not completely heirchical, • 1A is not inclusive of • C, D, 2A • Based on plant type & • system complexity • Insure knowledge of • components your are • working with

6. Do I need an assistant operator? • Distribution & treatment • are different • Letters are type • Numbers are flow size • Table 5-4.2

7. What are prerequisites? • Complete training course • Able to demonstrate • ability to make all • operational & water • quality tests • Table 5-4.3

8. What are prerequisites? • PE or Bachelor’s – 8 yrs • experience • Associate degree (w/ • WTP ops class) – 4 yrs • experience • Experience or training - High school diploma / GED Can others work under my license?

9. Can others work under my license? • 10 NYCRR 5-4.2 – owner to place system under RESPONSIBLE CHARGE of • certified operator • 10 NYCRR 5-4.3 - Operating personnel making quality & quantity decisions • regarding public health MUST be appropriately certified • 10 NYCRR 5-4.3 - Certified operators making q & q decisions must be under • direction of an OPERATOR IN RESPONSIBLE CHARGE Yes – It is expected! BUT, CANNOT MAKE Q & Q DECISIONS!!!!!!

10. Can others work under my license? Small System Large System Medium System Water Superintendent Water Superintendent Water Superintendent ORC ORC ORC Shift / Crew Supervisors ? CO CO CO CO Public Works Employees CO Contractors NCO NCO NCO NCO PWS Employees Owners NCO CO NCO NCO NCO NCO

11. Can others work under my license? What are those decisions? How are such decisions made ? What are important considerations?

12. Can others work under my license? 15.1.8 Where required by 10 NYCRR subpart 5-4, the owner of a public water system shall designate an operator in responsible charge as defined in 10 NYCRR 5-4.1(q). (a) the supplier of water shall demonstrate to the Health Department that the operator in responsible charge makes all decisions regarding the daily operation and maintenance of the water system that directly impacts drinking water quality or quantity. Be able to demonstrate operational control!

13. Can I go on vacation? Yes – It is expected! BUT, 10 NYCRR 5-4.2(a) (4)requires that a “ designated certified operator must be available during plant operation.”

14. What is my Legal Exposure? I’m not a lawyer! BUT, things not to do are: - negligence - fraud - misrepresent - selective sampling - lack of maintenance - lack of process control - unauthorized modification

15. What is my Legal Exposure? The Board won’t do it! • Work with LHD, make aware of problem • Work with Board, educate them of the issue • Document what you are doing • Use resources available to best address issue • Resign

16. How can I lose my certification? Revocation • Permanent (but can be reinstated) • Notice & Hearing • Grounds • - Falsifying records • - Illegal bypass • - Sample tampering • - Coercion

17. What are my CEU require-ments? • After lapse, 1 year • to fulfill CEU • requirement

18. Disinfection Waivers 10 NYCRR 5-1.30(e)

19. 10 NYCRR 5-1.30 “(a) Minimum treatment for a ground water source shall be disinfection by chlorination or other microbial contaminant treatment acceptable to the State in accordance with the provisions of section 5-1.22 of this Subpart.” BUT,

20. 10 NYCRR 5-1.30 “(e) The State may grant a waiver, on the submission of a written application, renewable for a period of up to three years, to the disinfection rule established by this section for a ground water source if:”

21. 10 NYCRR 5-1.30 • 12 months good samples • Cross connection control • Watershed controls • Adequate storage protection • Sources constructed, maintained, protected

22. Disinfection Waiver - Past • Sampling consistent with other systems • Accelerated sampling • “Innocent until proven guilty” • Review triennially • Review of all data in making renewal • determination • Possible waiver to revoked systems

23. Disinfection Waiver • NC - monthly sampling • Community – monthly sampling • 12 monthly samples for waiver • “Guilty until proven innocent” • Review annually • ‘One and Done’ rule • No waivers to revoked systems • Discourage issue to schools / daycares

24. Disinfection Waiver Cattaraugus county is not issuing new Disinfection waivers and is phasing out Old ones.

25. Sampling Locations 10 NYCRR 5