PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-10-112.
Title of Rule: Water works operator certification regulation, chapter 246-292 WAC.
Purpose: The purpose of this rule is to adopt the 1996 amendments to the federal Safety Drinking Water Act (SDWA) regarding operator certification requirements as specified in the United States Environmental Protection Agency (EPA) guidance.
Statutory Authority for Adoption: Chapter 70.119 RCW.
Statute Being Implemented: Chapter 70.119 RCW.
Summary: The regulations will require new certified operators for some Group A community water systems. This change affects primarily groundwater systems serving less than 100 connections and nontransient noncommunity (NTNC) systems. All operators will be required to demonstrate basic levels of competence through evaluation of education and experience prior to becoming certified, by either qualifying under the grandparenting option or by passing a standardized test. Some professional growth requirements (CEUs) have been modified. The rule has also been revised to allow suspension of certification, in addition to the existing revocation requirement.
Reasons Supporting Proposal: These rule changes are required to maintain primacy with EPA and to sustain federal funding.
Name of Agency Personnel Responsible for Drafting: Lisa Raysby, P.E., Department of Health, Drinking Water, (360) 236-3147; Implementation: Cheryl Bergener, Program Manager, Department of Health, Drinking Water, (360) 236-3137; and Enforcement: John Aden, Compliance Lead Worker, Department of Health, Drinking Water, (360) 236-3157.
Name of Proponent: Washington State Department of Health, governmental.
Rule is necessary because of federal law, 64 F.R. 5916 - 5921.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule will require all Group A public community and nontransient noncommunity (TNTC) public water systems, and transient noncommunity (TNC) water systems that are designated as significant noncompliers (SNCS) to have a certified operator; and will modify professional growth requirements for certified operators. The legislative intent of chapter 70.119 RCW states that: "In order to protect the public health and conserve and protect the water resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination and certification of the persons responsible for the technical operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter." The purpose of this rule is to implement the specific requirements of chapter 70.119 RCW and the SDWA while attempting to meet their goals and objectives. The anticipated effect of this rule is to improve public health by requiring certified personnel to manage and operate drinking water systems.
Proposal Changes the Following Existing Rules: The proposed revisions require a certified operator for all Group A community and nontransient noncommunity public water systems, and implements the statutory requirement (chapter 70.119 RCW) to have a certified operator for transient noncommunity public water systems that are significant noncompliers. The revisions also update the purification plant criteria, change classification of very small water systems (<100 connections), require very small water systems to meet operator certification requirements, modify the existing classification structure for operators and change some education, training, and professional growth requirements. The revisions change examination administration, add a new section on grandparenting existing operators which includes an expiration date for the section, add suspension as an enforcement option, clarify existing rule requirements, and add definitions.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
The legislature also authorized the department to require certified operators for all Group A systems as necessary to conform to federal law or implementing rules or guidelines. The new federal guidelines promulgated by the Environmental Protection Agency (EPA) under the 1996 amendments to the Safe Drinking Water Act (SDWA), Public Law 104-182, require states to have certified operators for all Group A community and Nontransient Noncommunity (NTNC) water systems.
The SDWA amendments of 1996 give states two years from the time EPA publishes final guidelines to adopt state regulations. Since EPA promulgated its final guidance in February 1999 (Federal Register, Vol. 64, No. 24, February 5, 1999, Notices, Part III), Washington and other states have until February 2001 to adopt necessary regulations and begin implementing an operator certification program that meets the requirements of the federal guidelines.
The greatest impact is the requirement for each very small community and NTNC water system to have a certified operator. The department estimates that about 2,000 new certified operators will come under this requirement (assuming only one new certified operator per system). However, this estimate could be as high as 4,000 new certified operators depending on whether EPA requires a back-up designated operator and water systems voluntarily choose to have more than one certified operator. These new operator certification program requirements result in almost a four-fold increase in water systems regulated and at least a two-fold increase in certified operators.
A 1998 Association of State Drinking Water Agencies (ASDWA) study supports operator certification, training and education. The two best management practices with the strongest correlation to fewer coliform detections were correction of deficiencies identified by sanitary surveys and operator certification. The three best management practices associated with significant reduction of total coliform-positive samples were (1) maintaining a disinfectant residual; (2) operator training; and (3) correcting deficiencies identified by the state as part of a sanitary survey. This study also evaluated the effectiveness of best management practices with regard to system size. For systems serving less than five hundred people, regular training and education of operators, along with correction of deficiencies identified by the state, were the most significant in reducing microbial contamination.
1. Is an SBEIS necessary? The Regulatory Fairness Act (chapter 19.85 RCW) states that a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry from $50 to $300.
For this rule proposal, the cost per system will be $83.00 for systems with fewer than six hundred one services. The cost per operator for certification includes the application, examination, and renewal fees and charges. These expenses will range from $55.00 to $85.00 for the first year and from $102.00 to $178.00 for each subsequent year. These expenses include the operator meeting the professional growth requirements of the rule.
Many of the businesses affected by this rule currently employ staff to operate their drinking water systems in addition to other job activities. Operating the water system is a small portion of the staff's total responsibilities. Because staff are already employed and the proportion of the job responsibilities for operating the water system is relatively small, staff salaries should not be affected. The costs associated with certification will most likely be borne by the business and are identified above. The total cost of this rule per system then ranges from $185 to $261 per year.
As indicated on the table below, there are a large variety of business types affected by this rule ranging from nursing homes and schools to farms and aluminum manufacturers. The department believes it reasonable to assume that among these business types, some may face "more than minor" costs as a result of this proposed rule. For this reason an SBEIS has been completed.
2. Does the proposed rule affect both large and small businesses? With certain restrictions, the act requires government agencies to provide regulatory relief whenever a rule imposes a disproportionate cost burden on small businesses. The Regulatory Fairness Act further defines a business as any "entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit." The act defines a small business as one that employs less than fifty individuals.
The greatest impact of the proposed rule is the requirement for each very small community and NTNC water system to have a certified operator. For the purposes of this rule, a very small community water system is one which serves ninety-nine connections or less. These systems typically employ one or two individuals who are in charge of the day-to-day operations of the water system. For these businesses, there are none with more than fifty employees1.
Examples of NTNC water systems include a school, day care center, business, factory, motel, or restaurant. A review of the department's drinking water database indicates that there are one hundred nine for-profit NTNC water systems. Below is a complete list of for-profit NTNC water systems grouped by business type. Of the business types listed, the department believes it reasonable to assume that the proposed rule will affect both large and small businesses.
3. Does the proposed rule impose disproportionate cost on small businesses? The department recognizes that for the majority of the systems affected by this rule, their only business is serving water. For the much smaller group affected, the water system is not their primary business. Competition among these NTNCs is highly unlikely due to the special nature of their circumstance[,] businesses of the same type using their own water system. However, because it is possible there could be competition among business type of both small and large businesses, the department is proposing mitigative measures as described in item four below.
4. Measures to mitigate the proposed rule's disproportionate cost impact on small businesses: Measures that the department chose to reduce the impacts to the water systems and operators include: (1) Allowing for grandparenting of operators under certain circumstances for only a specified time period; (2) use of EPA state revolving funds to subsidize costs for newly impacted and existing systems serving up to 3,300 people for at least the first three years of implementation for operators to become certified and take training to meet their professional growth requirement; and (3) a proposal to offset (waive) the system fee for the first year for all water systems that are impacted for the first time by this regulation. The proposed rule will not cause any business to lose business.
5. How did the department involve the public in the development of the proposed rule? In developing the proposed language for the revised regulation on operator certification, the department has worked extensively with stakeholder groups over the past two years. Over thirty workshops, conferences, or meetings have occurred since 1998 with numerous organizations, including: Water Works Operator Certification Advisory Committee; Water Supply Advisory Committee; Small Water System Advisory Committee; Investor Owned Utility Association; Pacific Northwest Section of the American Water Works Association; Washington Association of Water and Sewer Districts; Washington Public Utility District Association; and Evergreen Rural Water of Washington. The department will also be holding two public hearings in December.
| A | B | |
| 1 | System Name | Business Type |
| 2 | GRAND VIEW FARMS PASCO - DODD ROAD | agricultural |
| 3 | WATTS BROS FARMS | agricultural |
| 4 | IFA NURSERIES INC | agricultural |
| 5 | BRIARWOOD-VALLEY FARMS | agricultural |
| 6 | CUSTOM AG SERVICES | agricultural |
| 7 | K2H FARMS-SHOP & OFFICE | agricultural |
| 8 | BRIGGS NURSERY INC | agricultural |
| 9 | WYCKOFF FARMS | agricultural |
| 10 | ALCOA PRIMARY METALS-INTALCO WORKS | aluminum |
| 11 | ALCOA | aluminum |
| 12 | KAISER ALUM - TRENTWOOD WORKS | aluminum |
| 13 | KAISER ALUM AND CHEM | aluminum |
| 14 | GOLDENDALE ALUMINUM | aluminum |
| 15 | KAISER ALUM - MEAD WORKS N PLANT | aluminum |
| 16 | KLEIN BICYCLE 1 | bicycle manufacturing |
| 17 | GROOM, J.D. | boat works |
| 18 | MILLER BREWING COMPANY TUMWATER DIV | brewery |
| 19 | PACIFIC MOBILE INVESTMENT GROUP | business |
| 20 | SNOQUALMIE VALLEY LAND COMPANY INC | business |
| 21 | EQUILON ENTERPRISES LLC | casino |
| 22 | SIMPLOT FEEDERS LTD | cattle |
| 23 | CH2O | chemical manufacturer |
| 24 | CENTRAL PRE MIX-SULLIVAN RD | concrete |
| 25 | GUNDERSON NORTHWEST INC | construction |
| 26 | KRIEG WATER SYSTEM | construction |
| 27 | WILCOX FARMS INC | dairy |
| 28 | ANDERSEN DAIRY INC | dairy |
| 29 | TEDDY BEAR CORNER | day care |
| 30 | YALE ELEMENTARY SCHOOL | education |
| 31 | NESTLE REGIONAL TRAINING CENTER | education |
| 32 | FINLEY SCHOOL DISTRICT 53 | education |
| 33 | SHYNE SCHOOL WATER SYSTEM | education |
| 34 | CARDEN COUNTRY SCHOOL | education |
| 35 | TRANSALTA CENTRALIA GENERATION LLC | electricity |
| 36 | HONEYWELL ELECTRONIC MATERIALS INC | electronics |
| 37 | POULSBO SERVICE CENTER PSE | energy |
| 38 | PORT MADISON ENTERPRISES-BINGO HALL | entertainment |
| 39 | PRODICA - FINLEY AREA | fertilizer manufacturer |
| 40 | PRODICA - KENNEWICK AREA | fertilizer manufacturer |
| 41 | BORTON & SONS INC | food broker |
| 42 | SNOKIST GROWERS-CANNERY DIVISION | food processing |
| 43 | WATTS BROS CORN PROCESSING PLANT | food processing |
| 44 | WELCH'S | food processing |
| 45 | OCEAN SPRAY CRANBERRIES | food processing |
| 46 | BASIC AMERICAN FOODS | food processing |
| 47 | NOEL CANNING | food processing |
| 48 | COLUMBIA FOODS INC | food processing |
| 49 | NESTLE USA | food processing |
| 50 | WEYERHAEUSER FORESTRY NURSERY | forestry |
| 51 | ORONDO FRUIT COMPANY INC | fruit |
| 52 | KERSHAW FRUIT COMPANY | fruit |
| 53 | NORTHWESTERN FRUIT & PRODUCE GLEED | fruit |
| 54 | ANDERSON CREEK LODGE INC | hospitality |
| 55 | DAY ROAD INDUSTRIAL PARK | industrial |
| 56 | SPOKANE BUSINESS & INDUSTRIAL PARK | industrial |
| 57 | CORNERSTONE INDUSTRIAL PARK | industrial |
| 58 | JONES INDUSTRIAL PARK WT ASSN | industrial |
| 59 | BETTI HAWKS PRAIRIE WATER SUPPLY | Industry |
| 60 | FLOATING BEAR | Industry |
| 61 | ROOSEVELT REGIONAL LANDFILL | landfill |
| 62 | CROWN PACIFIC | lumber |
| 63 | COWLITZ STUD COMPANY RANDLE | lumber |
| 64 | COWLITZ STUD COMPANY MORTON | lumber |
| 65 | BOISE CASCADE CORP - WALLULA | lumber |
| 66 | GREEN MOUNTAIN MILL WEYERHAEUSER C | lumber |
| 67 | STIMSON LUMBER COMPANY | lumber |
| 68 | PACIFIC CREST LUMBER | lumber |
| 69 | QVL PLYWOOD | lumber |
| 70 | RAINIER VENEER | lumber |
| 71 | VAAGEN BROS LUMBER COMPANY | lumber |
| 72 | WEYERHAEUSER VAIL SHOP | lumber |
| 73 | N C MACHINERY CO | machinery |
| 74 | IBP INC | meat processor |
| 75 | NORTHWEST ALLOYS INC | metal processing |
| 76 | METAL MILL | metal processing |
| 77 | KEN'S KORNER | mini storage |
| 78 | MANHASSET SPECIALTY COMPANY | musical instrument manufacturer |
| 79 | LAMB-WESTON PASCO | musical instrument manufacturer |
| 80 | WOODBRIDGE GARDENS | nursery |
| 81 | ROCKY BAY NURSING HOME | nursing home |
| 82 | OLYMPIA CHEESE COMPANY LLC | out of business |
| 83 | OLYMPIA OYSTER CO | oyster |
| 84 | PORT TOWNSEND PAPER CORP | paper |
| 85 | ARCO PRODUCTS CO. | petroleum |
| 86 | TESORO NORTHWEST COMPANY | petroleum |
| 87 | PORT OF VANCOUVER | port |
| 88 | HAZEL CREEK MONTESSORI | pre-school |
| 89 | KITTITAS VALLEY MONTESSORI | pre-school |
| 90 | WEST VAN MATERIAL RECOVERY CENTER | recycling |
| 91 | TIMOTHY PARK SUBDIVISION | residential |
| 92 | CAMANO PLAZA | retail |
| 93 | PEACE ARCH FACTORY OUTLET | retail |
| 94 | BROCK & MERKEL RV PARK | RV park |
| 95 | HAMA HAMA COMPANY | shellfish processor |
| 96 | WASHINGTON BEEF INC TOPPENISH | slaughter house |
| 97 | WHIDBEY TELEPHONE COMPANY | telephone |
| 98 | REDMAN AND SONS WELL | tree harvestor |
| 99 | SAVAGE WESTERN TRANSPORTS INC | trucking |
| 100 | ALLAN BROS WAREHOUSE | warehouse |
| 101 | AMERICOLD CORP | warehouse |
| 102 | ABITIBI CONSOLIDATED SALES CORP | warehouse |
| 103 | COLUMBIA COLSTOR INC | warehouse |
| 104 | SCHENK WATER SYSTEM | water system |
| 105 | SMITH GARDENS WATER SYSTEM | water system |
| 106 | DYKO INC | welding/iron work |
| 107 | TAYLOR UNITED | wholesale seafood |
| 108 | COLUMBIA CREST WINERY | winery |
| 109 | DANNER CORP | |
| 110 | GREEN, BOBBIE |
A copy of the statement may be obtained by writing to Lisa Raysby, Washington State Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3147, fax (360) 236-2252.
RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 provides certain exemptions from the requirement to prepare a significant analysis. Parts of the rule are exempt from this requirement because they "correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect," or adopt "by reference without material change ... national consensus codes that generally establish industry standards." Congress directed the EPA to establish guidelines instead of rules and further provided that the state must adopt and implement the requirements of the guidelines in order to maintain federal funding of the state DWSRF grant. The operator certification guidelines developed through the EPA qualify as a national consensus code. However, where the state exercises flexibility in relation to elements not detailed in the guidelines, those aspects of the proposed rule have been carefully reviewed and cost-benefit and other analyses have been prepared.
Hearing Location: Labor and Industries Building, 3001 West Broadway Avenue, Moses Lake, WA, on December 6, at 10:00 a.m.; and at the Labor and Industries Building, 7273 Linderson Way S.W., Tumwater, WA 98504, on December 8, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Tanya Mohammadi by November 29, 2000, TDD (800) 833-6388 or (360) 236-3151.
Submit Written Comments to: Lisa Raysby, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, fax (360) 236-2252 by December 8, 2000.
Date of Intended Adoption: December 8, 2000.
October 18, 2000
M. C. Selecky
Secretary
OTS-4368.3
AMENDATORY SECTION(Amending WSR 94-04-004, filed 1/20/94,
effective 2/20/94)
WAC 246-292-001
Purpose.
Pursuant to the provisions of
chapter 70.119 RCW, the ((regulations set forth in)) purpose of
this chapter ((are adopted for the protection of)) is to protect
public health ((through the establishment of)) by setting minimum
requirements and standards ((by which)) for public water
system((s are operated and)) operation and certification of
operators in responsible charge of public water systems ((are
examined and certified as to their competency)). Certification
under this chapter is available to all operators who can meet the
minimum qualifications of a given classification.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-001, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-001, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-010, filed 9/22/78.]
Abbreviations and acronyms:
BAT - backflow assembly tester((.));
BTO - basic treatment operator((.));
CCS - cross connection control specialist((.));
GWI - ground water under the direct influence of surface
water((.));
NTNC - nontransient noncommunity((.));
OIT - operator-in-training((.));
SMA - satellite management agency;
TNC - transient noncommunity((.));
WAC - Washington Administrative Code;
WDM - water distribution manager((.));
WDS - water distribution specialist((.));
WTPO - water treatment plant operator((.));
(("Basic filtration technology" means slow sand filtration
and alternate filtration technologies such as cartridge filters,
bag filters, and ultrafiltration.
"Board" means the water and wastewater operator certification board of examiners as established under RCW 70.95B.070 and 70.119.080.)) "Available" means based on system size, complexity, and source water quality, a certified operator must be on-site or able to be contacted as needed to initiate the appropriate action in a timely manner.
"Certificate" means a certificate of competency issued by
the ((secretary)) department stating that the operator has met
the requirements for the specified operator classification of the
certification program.
"Certified operator" means a person who has met the
applicable requirements of this chapter ((246-292 WAC)) and holds
a valid certificate.
"Complex filtration technology" means conventional, direct, in-line or diatomaceous earth filtration.
"Community water system" means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving twenty-five year-round (i.e., more than one hundred eighty days per year) residents. Examples of a community water system might include a municipality, subdivision, mobile home park, apartment complex, college with dormitories, nursing home, or prison.
"Continuing education unit (CEU)" means a nationally recognized unit of measurement similar to college credits. One CEU is awarded for every ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction and qualified instruction. Forty-five relevant CEUs equals forty-five relevant college quarter credits or thirty relevant college semester credits as determined by the department.
"Contract operator" means a person in charge of the
((active, daily, technical operation of more than two)) daily
operational activities of three or more public water systems.
"Cross connection control program" means ((a program
protecting the health of water consumers and the potability of
the public water supply as required under)) the administrative
and technical procedures the owner implements to protect the
public water system from contamination via cross-connections as
required in WAC 246-290-490.
"Department" means the Washington state department of health, through the secretary of health or the secretary's designee.
"Distribution system" means ((that portion of a public
water system which conveys water from the source and/or treatment
facilities to consumers)) all piping components of a public water
system that serves to convey water from transmission mains linked
to source, storage and treatment facilities to the consumer
excluding individual services.
"Grandparenting" means the exemption for the existing operator in responsible charge from meeting the initial education, experience and examination requirements for the class of certification the system has been assigned.
"Ground water under the direct influence of surface water (GWI)" means any water beneath the surface of the ground with:
Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia; or
Significant and relatively rapid shifts in water
characteristics such as turbidity, temperature, conductivity, or
pH ((which)) closely ((correlate)) correlating to climatological
or surface water condition.
"Group A water system" means a public water system ((with
fifteen or more service connections, regardless of the number of
people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections)) providing
service such that it meets the definition of a public water
system provided in the 1996 amendments to the federal Safe
Drinking Water Act (Public Law 104-182, Section 101, subsection
b). Group A water systems are further defined as community and
noncommunity water systems (see other definitions).
"Group B water system" means a public water system with less
than fifteen ((service)) residential connections and serving:
An average of less than twenty-five people per day for sixty or more days within a calendar year; or
Any number of people for less than sixty days within a calendar year.
"Nationally recognized association of certification
authorities" means an organization ((which)) that:
• Serves as an information center for certification activities;
• Recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems, wastewater facilities and certification of operators;
• Facilitates reciprocity between state programs; and
• Assists authorities in establishing new and updating existing certification programs.
"Noncommunity water system" means a Group A water system that is not a community water system. Noncommunity water systems are further defined as nontransient noncommunity (NTNC) and transient noncommunity (TNC).
"Nontransient noncommunity water system (NTNC)" means a
Group A water system ((regularly serving)) that provides service
to twenty-five or more of the same ((nonresidents))
nonresidential people for one hundred eighty or more days within
a calendar year. Examples of a NTNC water system include a
school or day care center, or a business, factory, motel or
restaurant with twenty-five or more employees on-site.
"Owner" means any agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity that holds as property, a public water system.
"Operating experience" means the routine on-site performance of duties in a water purification plant or distribution system. Those duties affect plant or system performance and/or water quality.
"Operating shift" means that period of time during which operator decisions are made and actions are taken that will directly impact water quality and/or quantity of drinking water.
"Professional growth reporting period" means a designated time period of not less than three years, in which a certified operator shall demonstrate professional growth.
"Public water system" means any system((, excluding a system
serving only one single-family residence and a system with four
or fewer connections all of which serve residences on the same
farm, providing piped water for human consumption, including any
collection, treatment, storage, or distribution facilities under
control of the purveyor and used primarily in connection with the
system; and collection or pretreatment storage facilities not
under control of the purveyor but primarily used)) providing
water for human consumption through pipes or other constructed
conveyances, excluding a system serving only one single-family
residence and a system with four or fewer connections all of
which serve residences on the same farm. The term includes:
• Collection, treatment, storage, and/or distribution facilities under control of the owner and used primarily in connection with such systems; and
• Collection or pretreatment storage facilities not under
control of the owner, but primarily in connection with ((the))
such system.
"Purification plant" means that portion of a public water
system ((which)) that treats or improves the physical, chemical
or bacteriological quality of the system's water to bring the
water into compliance with state board of health standards. Unit
processes installed ((as necessary)) to perform water filtration,
ion exchange, electrodialysis, reverse osmosis, or iron and
manganese removal shall be included within the scope of the term
purification plant. Unit processes installed ((as necessary)) to
allow in-line fluoridation, in-line chlorination, or chemical
addition to inhibit corrosion ((shall not be)) are not included
within the scope of the term purification plant.
(("Secretary" means the secretary of the department of
health or the secretary's designee.
"Service" means a connection to a public water system designed to serve a single family residence or other residential or nonresidential population. When the connection is to a system without clearly defined single family residences or with a nonresident population, the following formulas shall be used in determining equivalent number of services:
For group home or barracks-type accommodation, divide the average population served each day by two and one-half;
For NTNC systems, divide the average population served each day by two and one-half; and
For TNC systems, divide the average population served each day by twenty-five.
"Surface water" means a body of water open to the atmosphere and subject to surface runoff.
"Transient noncommunity water system (TNC)" means a Group A water system:
Having fifteen or more services used less than one hundred eighty days within a calendar year; or
Serving twenty-five or more different nonresidents for sixty or more days within a calendar year; or
Serving twenty-five or more of the same nonresidents for sixty or more days, but less than one hundred eighty days within a calendar year; or
Serving twenty-five or more residents for sixty or more days, but less than one hundred eighty days within a calendar year.))
"Relevant water system training" means directly related to the operation, maintenance or management of a water system; and which has an influence on water quality, public health, or environmental protection.
"Responsible charge" means the operator(s) designated by the owner to be the certified operator(s) who makes the decisions regarding the daily operational activities of a public water system, water treatment facility and/or distribution system that will directly impact water quality and/or quantity of drinking water including, but not limited to, decisions concerning process control and system integrity.
"Satellite management agency (SMA)" means a person or entity that is approved by the department to own or operate public water systems on a regional or county-wide basis without the necessity for a physical connection between such systems.
"Service connection" means a connection to a public water system designed to provide water to a single family residence, or other residential or nonresidential population.
"Significant noncomplier" means a system that is violating or has violated department rules, and the violation may create, or has created an imminent or a significant risk to human health. Such violations include, but are not limited to, repeated violations of monitoring requirements, failure to address an exceedance of permissible levels of regulated contaminants, or failure to comply with treatment technique standards or requirements.
"Transient noncommunity (TNC)" means a Group A water system that serves:
• Twenty-five or more different people each day for sixty or more days within a calendar year; or
• Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within the calendar year.
"Validated exam" means an exam that is independently reviewed by subject matter experts to ensure that the exam is based on a job analysis and related to the classification of the system or facility.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-010, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-020, filed 9/22/78.]
(1) ((All
Group A water systems shall have at least one certified operator
as required under WAC 246-292-050 if the system:
(a) Serves one hundred or more services in use at any one time; or
(b) Has a surface water or GWI source.
(2) When a certified operator is required, the operator shall be in charge of the active, daily, technical operation of all portions of a public water system.
(3) Where shift work is practiced, a certified operator shall be in charge of each operating shift. The certified operator shall be present or on call.
(4) When a system apportions responsibility for segments of a public water system, the system shall ensure that a certified operator is responsible for each segment.)) The following public water systems shall designate the certified operator(s) in responsible charge of the daily operational activities of the public water system, water treatment facility, and/or distribution system that will directly impact water quality and/or quantity of drinking water as required under WAC 246-292-050:
(a) Group A community or nontransient noncommunity (NTNC) systems; and
(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and
(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.
(2) Operator certification requirement. Operators in responsible charge of the following public water systems or portions thereof shall be certified:
(a) Group A community and nontransient noncommunity (NTNC) systems;
(b) Group A transient noncommunity (TNC) systems classified as significant noncompliers (SNCs); and
(c) Group A transient noncommunity (TNC) systems using a surface water or GWI source.
(3) A designated certified operator shall be in responsible charge and available for each operating shift.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-020, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-030, filed 9/22/78.]
(1) The ((secretary)) department shall classify purification
plants ((into groups)) according to the Association of Boards of
Certifications "Purification Plant Criteria" ((approved by the
board in November 1993)) and set forth in the Water Works
Certification Program Guideline (guideline). Copies of the
(("Purification Plant Criteria")) guideline are available on
request by contacting the Department of Health, Drinking Water
Division, Water Works Certification Program((, Airdustrial Center
#3,)) P.O. Box 47822, Olympia, Washington 98504-7822.
(2) The ((secretary)) department shall classify distribution
systems into groups as follows:
| Classification | Population Served* | |
| Group S | less than 251 | |
| Group 1 | (( |
|
| Group 2 | 1,501(( |
|
| Group 3 | 15,001(( |
|
| Group 4 | greater than 50,000 | |
| * | If the population served is not known, apply this formula: Number of Service Connections x 2.5=Population Served | |
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-040, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-050, filed 9/22/78.]
(1) Owners shall have at least one
certified operator in responsible charge of the ((active, daily,
technical operation)) daily operational activities of their
system as follows:
(a) A water treatment plant operator (WTPO) shall be responsible for the operation of:
(i) A purification plant ((utilizing)) with a Class 2 rating
or higher;
(ii) Any purification plant using complex filtration technology; or
(iii) Any unfiltered Group A surface water or GWI system with one hundred or mor services in use at any one time.
(b) A basic treatment operator (BTO) shall be responsible for the operation of:
(i) A ((purification plant utilizing basic filtration
technology)) public water system with a Class 1 purification
plant rating; or
(ii) An unfiltered Group A surface water or GWI system with less than one hundred services in use at any one time.
(c) A water distribution manager (WDM) shall be responsible
for the operation of a Group A water system ((with)):
(i) ((One hundred or more services in use at any one time;
or
(ii) A purification plant utilizing complex filtration technology.)) Serving a population greater than two hundred fifty people.
(ii) A Class 2 purification plant rating or higher; or
(iii) Any purification plant using complex filtration technology.
(d) A water distribution specialist (WDS) shall be responsible for the operation of:
(i) Group A community or NTNC water systems serving a population of two hundred fifty people or less.
(ii) Group A TNC systems classified as significant noncompliers (SNCs) and not required to provide treatment other than simple disinfection if serving a population of two hundred fifty people or less.
(2) Owners required to develop a cross-connection control program in accordance with WAC 246-290-490 shall ensure that a cross-connection specialist (CCS) is responsible for:
(a) The system's cross-connection control program;
(b) Initial inspection of premises served by the system, for cross-connections; and
(c) Periodic reinspection of premises served by the system, for cross-connections.
(3) Owners shall ensure that a backflow assembly tester (BAT) is responsible for inspecting, testing, and monitoring backflow prevention assemblies in accordance with WAC 246-290-490.
(4) ((Owners may utilize a WDS to accomplish routine
technical duties, provided they are under the supervision of an
operator certified in accordance with WAC 246-292-020.
(5))) A WTPO and WDM shall be certified at a level equal to
or higher than the water system's classification rating assigned
by the ((secretary)) department in accordance with WAC 246-292-040.
(((6) When the Group A water system practices shift work,))
(5) The certified operator in responsible charge of each
operating shift shall be certified at a minimum of one level
lower than the classification of the purification plant or
distribution system.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-050, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-050, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-060, filed 9/22/78.]
(1) ((Contract operators shall mean persons who are
in charge of the active, daily, technical operation of more than
two public water systems.
(2))) Contract operators in responsible charge of the daily operational activities of three or more public water systems for operation of a system shall be certified as follows:
(a) At a minimum, a WDM and CCS, with the WDM level determined by the largest public water system operated;
(b) A BTO for public water systems with ((basic filtration
technology)) a Class 1 purification plant rating; and
(c) A WTPO for public water systems with a Class 2 purification plant rating or higher or any purification plant using complex filtration technology.
(((3))) (2) Contract operators shall ((maintain)) be
available on a twenty-four-hour ((telephone availability)) per
day basis.
(((4))) (3) Contract operators shall submit two copies of
all signed operations contracts to the department within thirty
days of the effective date.
(((5))) (4) Contract operators who are satellite management
agencies (SMAs) shall also comply with the provisions of RCW 70.116.134.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-055, filed 1/20/94, effective 2/20/94.]
(((1))) Minimum
education and operating experience requirements for the following
water works operator classifications and levels shall be as
indicated in Tables 1A and 1B:
WATER WORKS OPERATOR CLASSIFICATIONS |
LEVEL | |||||||||
| OPERATOR-IN-TRAINING OIT* | 1 | 2 | 3 | 4 | ||||||
| Education | Operating Experience | Education | Operating Experience | Education | Operating Experience | Education | Operating Experience |
Education | Operating Experience | |
| Water Distribution Manager (WDM) | 12 years |
3 months |
12 years |
1 year |
12 years |
3 years |
14 years |
4 years |
16 years |
4 years |
| Water Treatment Plant Operator (WTPO) | 12 years |
3 months |
12 years |
1 year |
12 years |
3 years |
14 years |
4 years |
16 years |
4 years |
| (( |
years |
months |
years |
year |
years |
years |
||||
months |
years |
|||||||||
| * | OIT experience may be fulfilled by three months operating experience or thirty hours of relevant (( |
Table 1B
MINIMUM EDUCATION AND OPERATING EXPERIENCE REQUIREMENTS
| WATER WORKS OPERATOR CLASSIFICATIONS | Education | Operating Experience |
| Basic Treatment Operator (BTO) | 12 years | 6 months |
| Water Distribution Specialist (WDS) | 12 years | 6 months |
| Cross-connection Control Specialist (CCS) | 12 years | 6 months** |
| Backflow Assembly Tester (BAT) | NA | NA |
(((3))) (2) Minimum operating experience requirement shall
be the routine on-site performance of duties in a water
purification plant or distribution system. Those duties shall
affect plant or system performance and/or water quality.
(((4))) (3) The board may allow substitutions of a person's
relevant experience when the person cannot meet the formal
education requirement, or vice versa in the WDM, WTPO, BTO, WDS
and CCS classifications as outlined in the ((department))
guideline ((titled "Water Works Certification Program Guideline"
available on request)).
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-060, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-070, filed 9/22/78.]
(1) Applicants for any classification of water works operator shall:
(a) Submit a completed application, application fee and examination charge to cover the cost of a validated exam;
(b) Meet the minimum education and operating experience criteria for the level of certification for which they are applying in accordance with WAC 246-292-060; and
(((b) Submit a completed application and applicable fee to
the secretary;))
(c) Pass ((the written)) a validated examination ((for the
appropriate classification and level; and
(d) For the BAT and BTO classifications, pass the practical examination)).
(2) The ((secretary)) department shall:
(a) ((Conduct)) Ensure a validated examination((s)) is
conducted at least three times annually at convenient places and
times as set by the ((board)) department;
(b) Provide notice of places and times of regularly scheduled examinations; and
(c) Issue applicable certificates to applicants meeting all the conditions for certification.
(3) Applicants who fail or do not appear for their scheduled
examination may reapply for a regularly scheduled examination by
submitting a new application ((along with the applicable fee to
the secretary)), application fee and examination charge.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-070, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-070, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-080, filed 9/22/78.]
The ((secretary)) department
may issue a certification without examination ((provided)) to
individuals who possess a certificate from another state or
province if:
(1) ((A completed application and applicable fee are
submitted to the secretary; and
(2))) The applicant possesses a certificate from a state or
province having substantially equivalent standards as determined
by the ((secretary after consultation with the board))
department; and
(2) A completed application, application fee and a copy of the valid state or province certificate are submitted to the department.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-075, filed 1/20/94, effective 2/20/94.]
(1) The ((secretary)) department may issue a temporary
certificate to an operator without examination((, provided)) if:
(a) The public water system submits:
(i) A letter requesting a temporary certificate for the operator; and
(ii) The applicable fee.
(b) The operator completes and submits a certification application; and
(c) The operator meets or will meet the minimum education and operating experience requirements of the mandatory classification for the vacated position, prior to the expiration date of the temporary certificate.
(2) Only one temporary certificate may be issued in each
instance of ((vacation of)) any position vacancy.
(3) The temporary certificate shall be valid for up to twelve months.
(4) The temporary certificate shall be specific to the designated system and is not transferrable to any other system or operator.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-080, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-090, filed 9/22/78.]
(1) This section expires two years after its effective date.
(2) The department will allow one existing operator in responsible charge of a public water system to be grandparented for the minimum classification of the water system, if the water system:
(a) Is a Group A system serving less than 100 services that has not been identified as a SNC and is not a GWI or surface water source system.
(b) Is not in violation with any bilateral compliance agreement, or state or federal order; and
(c) Has not had a notice of imposition of penalty issued in the last five years under current ownership.
(3) The owner shall apply for the grandparent certification by completing a department application identifying the operator to be grandparented. The operator identified by the owner must have been in responsible charge of the water system prior to the effective date of this section. Subsequent operators are not eligible for grandparenting.
(4) The operator identified by the owner shall complete and submit an application and application fee in accordance with WAC 246-292-100, Table 2.
(5) No operator may be grandparented for more than two water systems:
(6) A grandparent operator certification is site specific and nontransferrable.
(7) A grandparented operator shall meet all certification renewal requirements under the provisions of WAC 246-292-090; and must complete the first professional growth reporting period by December 31, 2003.
(8) A grandparented operator failing to renew their certification under provisions of WAC 246-292-090 may reapply for certification and shall meet the requirements for a new applicant.
(9) If plant or distribution system classification changes to a higher level, grandparent certification is no longer valid; and the owner and operator shall comply with WAC 246-292-080.
[]
(1) The operator certificate shall be renewed by January 1st of each year.
(2) The ((secretary)) department shall renew the operator
certificate upon payment of the renewal fee and demonstration of
professional growth in accordance with subsections (3)((,)) and
(4)((, and (5))) of this section. The applicant shall provide
evidence of professional growth acceptable to the department
within the designated professional growth reporting period((. A
department guideline titled "Water Works Certification Program
Guideline" is available to assist the applicant)) as described in
the guideline.
(3) To demonstrate professional growth, a holder of WDM, WTPO, WDS, BTO or CCS certification shall accomplish one of the following activities during each professional growth reporting period:
(a) Accumulate a minimum of three CEU((s)), or college
credits relevant to the operation, maintenance, or management of
a water system, and which has an influence on water quality,
public health or environmental protection;
(b) Advance by examination in the Washington water works
operator certification program within the ((same))
classifications WDM and WTPO to a level 2, 3, or 4; or
(c) Achieve certification by examination in a different classification as shown below:
(i) WDM to WTPO, BTO or CCS;
(ii) WTPO to WDM, or CCS;
(iii) WDS to WDM ((or)), WTPO, BTO or CCS; ((or))
(iv) BTO to WDM, WTPO, WDS or CCS; or
(v) CCS to WDM, WTPO, or WDS.
(4) To demonstrate professional growth, a holder of a BAT
certification shall satisfactorily complete the board's backflow
assembly tester ((practical and written)) professional growth
examination during each professional growth reporting period.
(5) ((To demonstrate professional growth, a holder of a BTO
certification shall satisfactorily complete the board's basic
treatment operator refresher practical and written examinations
during each professional growth reporting period.
(6))) The ((secretary)) department shall notify an operator
failing to renew the operator certificate by December 31st, that
the certificate is temporarily valid for two months beginning
January 1st.
(((7))) (6) A certificate not renewed during the two month
period ((shall become)) is invalid. The ((secretary)) department
shall notify the holder of an invalid certificate with ((a
written)) notice in writing.
(((8))) (7) An operator failing to renew their certification
under provisions of this section may reapply for certification
and shall meet the requirements for a new applicant.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-090, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-090, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 201, Laws of 1982. 82-13-009 (Order 1823), § 248-55-110, filed 6/4/82. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-110, filed 9/22/78.]
(1) The
((secretary)) department may suspend for a specified time or
revoke an operator's certificate ((when)) if the operator:
(a) Obtains a certificate by fraud or deceit;
(b) Demonstrates gross negligence in the operation of a purification plant or a distribution system; or
(c) Intentionally violates the requirements of this chapter or any department rules or orders.
(2) The ((secretary)) department shall provide written
notice of violation and reasonable opportunity for correction
prior to taking action on revocation or suspension of a
certificate.
(3) ((No action to revoke a certificate shall be initiated
by)) The ((secretary unless and)) department shall not initiate
action to revoke a certificate until the ((board)) department has
conducted a hearing to consider the appropriateness of revocation
((and the board has recommended revocation to the secretary)).
(4) A revocation or suspension action brought under this section shall be conducted in accordance with RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.
(5) A person whose certificate is revoked is not eligible to apply for certification for one year from the effective date of the final order of revocation.
(6) A person whose certificate was revoked and who desires to reapply for a certificate shall apply as a new operator in accordance with WAC 246-292-070.
(7) An operator whose certificate is suspended shall continue to meet all renewal requirements in accordance with WAC 246-292-090 in order to maintain certification.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-100, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-100, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-120, filed 9/22/78.]
When any Group A water system or operator is out of compliance with these regulations, the department may initiate appropriate enforcement actions as authorized under chapter 70.119 and 70.119A RCW. These actions may include any one or combination of the following:
(1) Issuance of informal letters instructing or requiring appropriate corrective measures;
(2) Issuance of a compliance schedule;
(3) Issuance of a departmental order;
(4) Issuance of civil penalties for up to five thousand dollars per day per violation;
(5) Prosecution as a criminal misdemeanor with fines up to
one hundred dollars per offense; ((and))
(6) Revocation or suspension of a license; and
(7) Other legal action by the attorney general or local prosecutor.
[Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-110, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-292-110, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.119.050. 78-10-053 (Order 1343), § 248-55-130, filed 9/22/78.]
(1) Operator fees:
(a) Applicable fees ((shall be as indicated)) are listed in
Table 2 of this section;
| OPERATOR CLASSIFICATION |
APPLICATION FEE |
REAPPLICATION FEE |
ANNUAL RENEWAL FEE |
LATE FEE |
| WTPO | $55.00 | $27.00 | $27.00* | $27.00* |
| WDM | $55.00 | $27.00 | $27.00* | $27.00* |
| WDS | $55.00 | $27.00 | $27.00* | $27.00* |
| CCS | $33.00 | $27.00 | $27.00* | $27.00* |
| BAT | $33.00 | $27.00 | $27.00 | $27.00 |
| BTO | $33.00 | $27.00 | $27.00 | $27.00 |
| * | The annual renewal fee and late fee for a WTPO, WDM, WDS and CCS certification shall be twenty-seven dollars regardless of the number of classifications held. |
(c) The fee for application for reciprocity ((shall be)) is
one hundred eleven dollars per classification.
(2) Group A system fees:
(a) Applicable fees ((shall be)) are listed as indicated in
Table 3 of this section.
| SYSTEM SIZE* (Number of Equivalent Services) |
SYSTEM FEE | ||
| Less than 601 Services | $ 83.00 | ||
| 601 through 6,000 Services | $ 251.00 | ||
| 6,001 through 20,000 Services | $ 335.00 | ||
| More than 20,000 Services | $ 503.00 | ||
| * | Systems designated by the department as approved satellite management agencies (SMAs) shall pay a fee based on total services in all systems owned by the SMA. |
(b) Group A system fees shall be paid in conjunction with the system's annual operating permit fee required in chapter 246-294 WAC.
(c) A late fee shall be assessed against any system ((not
submitting)) for failing to submit the applicable fee to the
department within the designated time period. The late fee shall
be based on the water system's classification and shall be an
additional ten percent of the applicable system fee or
twenty-seven dollars, whichever is greater.
(d) The system fee for issuance of a temporary certificate shall be fifty-five dollars for each temporary position.
(3) Fees ((shall be)) are nonrefundable and transfers of
fees ((shall not be allowed)) are not allowable.
(4) Payment of fees required under this chapter shall be in the form of a check or money order made payable to the department of health and shall be mailed to Department of Health, P.O. Box 1099, Olympia, Washington 98507-1099, or such successor organization or address as designated by the department.
[Statutory Authority: RCW 43.70.250. 00-02-015, § 246-292-160, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-292-160, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020. 98-12-015, § 246-292-160, filed 5/22/98, effective 6/22/98. Statutory Authority: Chapter 70.119 RCW. 94-04-004, § 246-292-160, filed 1/20/94, effective 2/20/94.]
The following section of the Washington Administrative Code is repealed:
| WAC 246-292-170 | Severability. |