R317-10-5. Wastewater Works Owner Responsibilities

  A. The chief operator and supervisors who make process decisions for the system and are designated to be in direct responsible charge must be certified at no less than the level of the facility classification.

  1. All other operators in direct responsible charge must be certified at no less than one grade lower than the facility classification, or at the lowest required facility classification except as provided in Subsection R317-10-5.

  2. All facilities must have an operator certified at the facility level on duty or on call.

  3. If a facility or system undergoes a re-rating, all operators considered to be in DRC must be certified at the appropriate level within one year after the date of the notification by the division of the new rating.

  B. The facility owner must notify the director within 10 working days after the chief operator considered in DRC has terminated employment, or is otherwise unable to perform those duties. The wastewater works must have an appropriately certified operator, or an operator with a restricted certificate at the appropriate level, designated as DRC within one year from the date the vacancy occurred.

  C. For newly constructed wastewater works, an appropriately certified operator, or an operator with a restricted certificate at the appropriate level, must be employed within one year after the system is deemed operable.

  D. Those required to be certified may operate a system with a restricted certificate of the required grade for up to one year for a Class I or Class II facility, or up to two years for a Class III or Class IV facility, but may not continue to operate a system if they are unable to obtain an unrestricted certificate at the end of the stipulated period.

  E. Contracts

  1. General. In lieu of employing a DRC operator as part of its workforce, a facility owner may enter into a contract for DRC services with an operator certified at the appropriate level, or with another public or private entity with operators certified at the appropriate level.

  2. Any such contract must be reviewed and approved by the director.

  3. If there is a contract, it must include the names of the certified individuals who will be in direct responsible charge of the operation of the facility. At a minimum the contract must contain the following elements:

  a. a clear description of the overall duties and responsibilities of the facility owner, and the responsibilities of any contracted DRC operator related to the supervision of the facility's operation, including the frequency of visits and the duties to be performed;

  b. identification of the contract period and effective date of the contract;

  c. consideration;

  d. termination clause; and

  e. execution by authorized signatories.