KRWA meets with DOW regarding 401 KAR 8:030 Water Treatment Plant Staffing.

The Kentucky Rural Water Association, and other industry representatives, met with the Kentucky Division of Water on Tuesday November 24, 2009 in Frankfort to discuss some areas of concern regarding the proposed changes to 401 KAR 8:030. Peter Goodmann, Assistant Director and Julie Roney with the DOW were very helpful and open to the groups concerns. At issue was the interpretation of the proposed change that required a certified operator to be present at the water treatment plant when water is being treated. Mr. Goodmann thanked those in attendance for taking the time to meet to discuss the proposed regulation changes, develop a mutual understanding of the regulation, and resolve outstanding issues. He felt that we were successful in our efforts to come to an understanding regarding the Water Treatment Plant definition and the staffing requirements related to 401 KAR 8:030; Section 1. The proposed amended changes are set out below.

The DOW is proposing to add back into the regulation: “or performing system-related duties” in Section 1 (2) (c) and that system-related duties is defined in Section 1 (2) (e) 1 and 2. This change is predicated on the mutual understanding that the definition of the Water Treatment Plant includes the raw water intake and associated infrastructure and treatment.

DOW left the proposed changes to the alternate staffing requirement language as amended after the public hearing. The intent of the alternate staffing plan is to accommodate, where appropriate, staffing and operational approaches that vary from the requirements in the regulation.

DOW will be working with the Legislative Research Commission to have the proposed regulation amended by what is termed a “suggested amendment,” for approval at the next Administrative Regulation Review Subcommittee meeting on Dec. 8, 2009.

KRWA is very grateful to DOW, especially Peter Goodmann and Julie Roney for their openness and willingness to discuss our concerns.

Please review the following proposed language. If there are any questions or concerns, please contact Gary Larimore at 270.843.2291 or g.larimore@krwa.org

Section 1. General Provisions.

(1)(a) A public water system shall be operated according to the provisions of KRS 223 and 224 and 401 KAR Chapter 8.

(b) A certified operator shall not be required for a semipublic water system.

(c) Except as provided in subsection (2)(c)1.b, 2.b and 4.b of this section, a public water system shall be operated by a certified operator, other than an operator-in-training, in direct responsible charge who holds a valid certificate in a class equal to or higher than that required for the system under supervision.

(2) Staffing requirements.

(a) Water distribution systems. A water distribution system shall be operated by or under the supervision of a distribution system operator certified in a class equal to or higher than the class of the distribution system.

(b) Combination water treatment plants and water distribution systems.

1. A combination water treatment plant or water distribution system shall be classified as Class IA-D, Class IB-D, or Class IIB-D.

2. A system classified as a combination system in subparagraph 1. of this paragraph shall be operated by or under the supervision of an operator who holds a valid combination or separate water treatment and distribution system operator certificate of the appropriate class or higher and who shall be in direct responsible charge of the system.

3. A certified operator of a Class IA-D combination system shall be at the water treatment plant if water is being treated, unless the operator is performing other system-related duties.

(c) Water treatment plants.

1. Class IIA.

a. Except as provided in subparagraph b. of this paragraph, if water is being treated, a Class IIA water treatment plant shall be operated by a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIA who shall be in direct responsible charge of the plant and shall be present at the water treatment plant or performing system-related duties.

b. A Class IIA water treatment plant that treats water during more than one (1) shift per day may employ a Class IA-D certified operator for one (1) shift per day, other than the shift worked by the Class IIA operator in direct responsible charge, so long as the Class IIA operator in direct responsible charge shall be able to respond on site within thirty (30) minutes.

2. Class IIIA.

a. Except as provided in subparagraph b, of this paragraph, if water is being treated, a Class IIIA water treatment plant shall be operated by a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIIA who shall be in direct responsible charge of the plant and shall be present at the water treatment plant or performing system-related duties.

b. A Class IIIA water treatment plant that treats water during more than one (1) shift per day may employ a Class IIA operator for one (1) shift per day, other than the shift worked by the Class IIIA operator in direct responsible charge, so long as the Class IIIA operator in direct responsible charge shall be able to respond on site within thirty (30) minutes.

3. Class IIIB. A Class IIIB water treatment plant shall be operated by or under the supervision of a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IIIB and who shall be in direct responsible charge of the system.

4. Class IVA.

a. Except as provided in subparagraph b, of this paragraph, if water is being treated, a Class IVA water treatment plant shall be operated by a certified water treatment plant operator who holds a valid Class IVA certificate who shall be in direct responsible charge of the plant and who shall be present at the water treatment plant or performing system-related duties.

b. A Class IVA water treatment plant that treats water during more than one (1) shift per day may employ a Class IIIA operator for one (1) shift per day, other than the shift worked by the Class IVA operator in direct responsible charge, so long as the Class IVA operator in direct responsible charge shall be able to respond on site within thirty (30) minutes.

5. Class IVB. A Class IVB water treatment plant shall be operated by or under the supervision of a certified water treatment plant operator who holds a valid certificate in a class equal to or higher than Class IVB who is in direct responsible charge of the system.

6. A water treatment plant may propose an alternate staffing requirement to the staffing requirement established in this paragraph.

a. The proposal shall be submitted to the cabinet and shall thoroughly explain the alternate proposal.

b. The proposal shall demonstrate:

(i) A necessity for the water system to vary from the requirement in this paragraph; and

(ii) An equal level of protection of human health and the environment.

c. The cabinet shall not approve an alternate proposal that does not propose that a duly certified operator in direct responsible charge operate a water treatment plan, in accordance with KRS 223.210.

(d) Bottled Water Systems. A bottled water treatment plant shall be operated by or under the supervision of a certified water treatment plant operator who holds a valid bottled water certification and who shall be in direct responsible charge of the system.

(e) System-related duties shall be:

1. For Class IIA, Class IIIA and Class IVA water systems, duties related to the operation and maintenance of the water treatment plant; or

2. For Class IA-D water systems, duties related to the operation and maintenance of the water treatment plant and distribution system.

(3)(a) A public water system may comply with the staffing requirements of this section by securing a contract operator or an operations firm.

(b) If a public water system secures a contract operator or operations firm to operate a treatment plant or distribution system, the public water system shall provide the following information to the cabinet:

1. Name, mailing address, and telephone number of the:

a. Certified operator or contract operations firm; and

b. Principal contact for certification activities, if different;

2. Name, certificate type, and certificate number for each certified operator;

3. Facility name, public water supply identification number, and county location of each system for which the contract or operations firm operator is assuming responsibility;

4. Effective date and expiration date of the contract; and

5. Duties and responsibilities of each party to the contract.

(4) Certificate display. If a public water system office is available at the water treatment plant or within the distribution system, each operator’s certificate shall be prominently displayed.

(5) Reporting requirements.

(a) A public water system shall notify the cabinet in writing within thirty (30) calendar days of a certified operator employment change.

(b)1. A certified operator shall notify the cabinet within thirty (30) calendar days of a change in employment or mailing address.

2. Employment change information shall include:

a. The name and identification number of the public water system;

b. The effective date of the change; and

c. Whether the operator is assuming or relinquishing responsibility for the plant or system.