Classification of Public Water Systems and System Requirements

PURPOSE: This rule determines the classification level of public water system treatment and distribution systems for the purpose of determining the certification level required for the chief operator. It also establishes system requirements for certified operating personnel. (1) Applicability. This rule applies to all community and nontransient noncommunity public water systems and those transient noncommunity public water systems that use surface water or groundwater under the direct influence of surface water. Therefore, where the term “public water system” is used in this rule, it is understood to refer only to these types of systems. (2) Definitions. (A) Available. Based on system size, complexity, and source water quality, a certified operator must be on-site or able to be contacted promptly (i.e., reasonably accessible) as needed to initiate appropriate action in a timely manner. (B) Certified operator. Any individual holding a valid water treatment or water distribution certificate of any level issued by the department. (C) Chief operator. A certified operator designated by the owner of the public water system to have overall responsibility for the day-to-day process control/system integrity decisions regarding supervisory and operational activities that will directly impact the quality and quantity of drinking water. This individual must possess a certificate at the level of or higher than the classification of the treatment facility or distribution system for which he or she is responsible. (D) Operator in responsible charge. An individual who performs the duties of a chief operator. (E) Operate. To make or act upon process control/system integrity decisions regarding a water treatment facility or distribution system. (F) Process control/system integrity decisions. Day-to-day decisions that maintain or cause changes in the chemical, biological, physical or radiological quality of the drinking water. These decisions primarily reflect independent, individual judgement which when made incorrectly have the potential to place the public health at risk or place the soundness of the water system or its ability to provide a safe, adequate and continuous supply of water at risk. These decisions are not referring to system design or modifications for which the department requires design or approval by a professional engineer. (G) Treatment facility. Any place(s) where a community water system or nontransient noncommunity water system alters the physical or chemical characteristics of the drinking water. Chlorination may be considered a function of a distribution system. (H) Distribution system. Any combination of pipes, tanks, pumps, etc. which delivers water from the source(s) and/or treatment facility(ies) to the consumer. (3) Classification of Public Water Systems. (A) The department will classify each treatment facility by considering the treatment facility complexity, source of water, type of treatment performed, and size. This classification is based on, but may not be limited to, the criteria in Table 1 of this rule. Other treatment technologies not listed in Table 1 will be considered on a case-by-case basis. From this classification process, the department will determine the certification level that a chief operator must have to supervise the operation of the treatment facility. (B) The department will classify each distribution system by size and complexity. This classification is based on, but may not be limited to, the criteria in Table 2 of this rule. Other distribution technologies will be considered on a case-by-case basis. From this classification process, the department will determine the certification level that the chief operator must have to supervise the operation of the distribution system. Systems that only chlorinate, reduce the hardness of the water by ion exchange, or provide no treatment will be classified as distribution systems. (C) The classification of public water systems, the operational control of which relies on extensive instrumentation, automation, and Supervisory Control and Data Acquisition (SCADA) systems, will be determined on a case-by-case basis. (D) Any public water system owner may appeal the system’s classification to the Administrative Hearing Commission as provided in section 621.250, RSMo. 7DEOH7UHDWPHQW )DFLOLW\&ODVVLILFDWLRQ  7KHKLJKHVWOHYHODSSOLFDEOHWRWKHV\VWHPLVWKHFODVVLILFDWLRQRIWKHV\VWHP   &ODVVLILFDWLRQ 6RXUFH:DWHU 6XUIDFH:DWHUVRXUFHZLWKWUHDWPHQWIDFLOLW\FDSDFLW\JUHDWHUWKDQ0LOOLRQ*DOORQV SHU'D\ $  6XUIDFH:DWHUVRXUFHZLWKWUHDWPHQWIDFLOLW\FDSDFLW\OHVVWKDQRUHTXDOWR0LOOLRQ *DOORQVSHU'D\ % *URXQG:DWHU8QGHU'LUHFW,QIOXHQFHRI6XUIDFH:DWHU*:8', % *URXQG:DWHU1RW*:8',ZLWKWUHDWPHQWIDFLOLW\FDSDFLW\JUHDWHUWKDQ0LOOLRQ *DOORQVSHU'D\DQGSHUIRUPLQJOLPHVRIWHQLQJ % 3XUFKDVHGZDWHUZLWKIXUWKHUWUHDWPHQWE\WKHSXUFKDVLQJV\VWHPRWKHUWKDQ FKORULQDWLRQRULRQH[FKDQJHVRIWHQLQJ ' *URXQG:DWHU1RW*:8',ZLWKWUHDWPHQWRWKHUWKDQFKORULQDWLRQRULRQH[FKDQJH VRIWHQLQJ ' *URXQG:DWHU1RW*:8',RU3XUFKDVHG:DWHUZLWKFKORULQDWLRQRULRQH[FKDQJH VRIWHQLQJRQO\ 6HH&ODVVLILFDWLRQ 7DEOH *URXQG:DWHU1RW*:8',RU3XUFKDVHG:DWHUZLWKQRWUHDWPHQW  'LVLQIHFWLRQ &KORULQH'LR[LGH %  2]RQH %  8OWUD9LROHW/LJKW '  *DV&KORULQDWLRQZLWKRQHWRQFRQWDLQHUV &  *DV&KORULQDWLRQ&DOFLXPRU6RGLXP+\SRFKORULQDWLRQLQFRPELQDWLRQZLWKRWKHU WUHDWPHQWRWKHUWKDQLRQH[FKDQJHVRIWHQLQJ '  &KORUDPLQHV ' &KHPLFDO 7UHDWPHQW &KHPLFDO2[LGDWLRQH[DPSOH2SRWDVVLXPSHUPDQJDQDWH & &RDJXODWLRQ2*URXQGZDWHU & &RDJXODWLRQ26XUIDFH:DWHU % )OXRULGDWLRQ ' ,RQ([FKDQJHIRUSXUSRVHVRWKHUWKDQVRIWHQLQJLQFOXGLQJSURFHVVHVVXFKDVQLWUDWH UHPRYDO & /LPH6RGD6RIWHQLQJ & 6HTXHVWUDWLRQ ' S+DONDOLQLW\DGMXVWPHQW & 3K\VLFDO 7UHDWPHQW $GVRUSWLRQH[DPSOH2$FWLYDWHG&DUERQ & $HUDWLRQH[DPSOHV2FDVFDGHGLIIXVHGSDFNHGWRZHUVODWWUD\VSUD\ ' )LOWUDWLRQH[DPSOH2JUHHQVDQGSUHVVXUHUDSLGJUDYLW\VORZVDQG & 5HYHUVH2VPRVLV0HPEUDQH)LOWUDWLRQ8OWUDILOWUDWLRQ % ,RQ([FKDQJHIRUVRIWHQLQJLVLQFOXGHGLQDOOWUHDWPHQWDQGGLVWULEXWLRQFHUWLILFDWLRQV 7KHOHYHORIFHUWLILFDWLRQUHTXLUHGZLOOEHGHWHUPLQHGE\WKHRWKHUWUHDWPHQWRU GLVWULEXWLRQFKDUDFWHULVWLFVDVDSSURSULDWH (DFKW\SHDQGOHYHO     (4) System Requirements. (A) The water system owner shall place the direct supervision of each treatment facility and each distribution system under the responsible charge of a chief operator. 1. The chief operator shall possess a valid certificate equal to or greater than the classification of the treatment facility or distribution system. 2. The chief operator can be responsible for both the treatment facility and distribution system at the owner’s discretion. 3. The chief operator shall have overall responsibility for no more than one (1) surface water treatment system under one public water system identification number, unless otherwise approved by the department on a case-by-case basis. 4. The name of the chief operator shall be supplied to the department by the owner of the public water system and will be on file at all times. 5. In the event the chief operator is no longer available to serve, the owner of the public water system shall notify the department of the vacancy within fifteen (15) calendar days and shall appoint an interim operator. The interim operator shall be considered the system’s certified chief operator for the purposes of complying with 10 CSR 6014.010 and 10 CSR 60-14.020 on a temporary basis until a properly certified chief operator is hired. Following consultation with the public water system owner, the department will establish a schedule of activities and a timeline for the system to have a certified chief operator who has met all applicable certification requirements. 6. Public water systems shall have a contingency plan for a standby replacement chief operator to be available at all times. This may be, for example, a second employee certified at the chief operator level, a mutual assistance agreement with a neighboring system, or a pre-arrangement with a contract operator. 7. The owner shall notify the department in writing within fifteen (15) calendar days after the chief operator is replaced. (B) If modifications to the public water system change the system’s classification to a higher level, the chief operator shall obtain the higher level certificate by examination. (C) All operating personnel making independent process control/system integrity decisions about water quality or quantity that affect public health must be certified. This will not typically include, for example, maintenance personnel implementing process control/system integrity decisions made by a certified operator. (D) Possession of a letter of examination results does not qualify an individual to serve as a certified operator or certified chief operator for a public water system. An individual is not certified until the department issues the appropriate operator certificate. (E) All process control/system integrity decisions about water quality or quantity that affect public health must be made by a certified operator based on procedures approved by the chief operator. (F) Contract Operator Agreement. 1. Public water systems employing a certified chief operator through a contract operator (“circuit rider”) arrangement to meet the requirements in subsection (4)(A) shall have a written agreement indicating the responsibilities of the operator, including but not necessarily limited to: A. The minimum frequency of routine visits to the treatment facility or distribution system; B. The operator’s duties and responsibilities; C. The minimum hours the operator will be present for each routine visit; D. The certification level required by the department for the treatment facility and/or distribution system that the operator is responsible for; E. The level of certification held by the contract operator; F. The minimum response time for the operator to be at the water system in the event of an emergency; and G. The number of employees, if any, hired to assist. 2. Circuit rider operators and other contract operators who are performing the duties of chief operator shall be held accountable for operational decisions made in their stead. 3. A copy of the current agreement shall be on file at the system at all times and shall be provided to the department upon request. (G) The department may establish minimum operator oversight requirements for facilities with extensive instrumentation,  7DEOH'LVWULEXWLRQ6\VWHP&ODVVLILFDWLRQ 7KHKLJKHVWOHYHODSSOLFDEOHWRWKHV\VWHPLVWKHFODVVLILFDWLRQRIWKHV\VWHP     0LQLPXP &ODVVLILFDWLRQ  3RSXODWLRQVHUYHG E\GLVWULEXWLRQ V\VWHP *UHDWHUWKDQ '6,,,   %HWZHHQWR '6,,   8SWR '6,  'LVWULEXWLRQ 6RXUFH:DWHU 0XOWLSOHVRXUFHVGLVWULEXWHGZDWHULVEOHQGHGIURPPRUHWKDQRQHWUHDWPHQWIDFLOLW\ZHOO RUSXUFKDVHGVRXUFHDQGILQLVKHGZDWHUVIURPYDULRXVVRXUFHVDUHVXEVWDQWLDOO\GLIIHUHQWLQ FKHPLFDOFKDUDFWHULVWLFV '6,,,  6\VWHP6WRUDJH 0XOWLSOHJUDYLW\VWRUDJHIDFLOLWLHV '6,,   7ZRRUPRUHSUHVVXUHUHGXFLQJYDOYHVH[FOXGLQJWKRVHRQFXVWRPHUVHUYLFHOLQHV '6,,  'LVLQIHFWLRQ *DV&KORULQDWLRQLVWKHRQO\GLVWULEXWLRQV\VWHPWUHDWPHQW '6,,   &DOFLXPRU6RGLXP+\SRFKORULWHLVWKHRQO\GLVWULEXWLRQV\VWHPWUHDWPHQW '6,   :DWHULQGLVWULEXWLRQV\VWHPVIURPVXUIDFHZDWHUVRXUFHLVUHFKORULQDWHG '6,,,  ,RQ([FKDQJHIRUVRIWHQLQJLVLQFOXGHGLQDOOWUHDWPHQWDQGGLVWULEXWLRQFHUWLILFDWLRQV7KHOHYHORI FHUWLILFDWLRQUHTXLUHGZLOOEHGHWHUPLQHGE\WKHRWKHUWUHDWPHQWRUGLVWULEXWLRQFKDUDFWHULVWLFVDVDSSURSULDWH (DFKW\SHDQG OHYHO   automation and SCADA systems. Minimum operator oversight determinations will be made on a case-by-case basis. (5) Violations. (A) No person, firm, corporation, municipal corporation or other governmental subdivision or agency shall operate a public water system unless the competency of the chief operator to operate the facility is duly certified by the department as provided in 10 CSR 60-14.020 or 10 CSR 60-14.010(4)(A)5. except during periods of emergency or disaster. (B) No person shall perform the duties of a chief operator without being duly certified under the provisions of 10 CSR 60-14.020 or 10 CSR 60-14.010(4)(A)5. (C) Any person, including any firm, corporation, municipal corporation or other governmental subdivision or agency who violates any provisions of this rule will be subject to the penalty provisions of sections 640.130 and 640.131, RSMo. AUTHORITY: section 640.100, RSMo 2016.* Original rule filed July 11, 1986, effective Jan. 1, 1987. Amended: Filed March 31, 1992, effective Dec. 3, 1992. Amended: Filed Nov. 15, 2000, effective Aug. 1, 2001. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.