10 NYCRR5 Eric W. Wohlers, P.E. Environmental Health Director Christopher G. Crawford, Ph.D. Water Resources Specialist Cattaraugus County Environmental Health

10 NYCRR 5-4

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

10 NYCRR Definitions Certification Required Qualifications Required Education, experience, and/or training substitutions Validated examinations Grandparenting Enforcement Certification renewal/recertification

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

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

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

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?

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

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

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

Can others work under my license? 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 10NYCRR 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!

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.”

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

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

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

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

10 NYCRR (e)

10 NYCRR “(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 of this Subpart.” BUT,

10 NYCRR “(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:”

10 NYCRR months good samples Cross connection control Watershed controls Adequate storage protection Sources constructed, maintained, protected

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

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

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

10 NYCRR 5