Authority: IC 13-14-8; IC 13-18-11-13

Affected: IC 13-18-11-8

Sec. 7. (a) A certified operator in responsible charge shall do the following:

1. (1) Spend sufficient time at each facility for which the certified operator in responsible charge is required to accomplish all expectations as described in this section.

2. (2) Make process control or system integrity decisions about the overall daily operation, maintenance, management, and supervision of the wastewater treatment plant necessary to meet the performance requirements and limits of:

   1. (A) the permit;
   2. (B) local ordinances; and
   3. (C) other applicable regulatory requirements.

3. (3) Provide direction or supervision to ensure written and electronic monitoring reports are prepared in accordance with a system designed to:

   1. (A) assure that qualified personnel properly gather and evaluate the information submitted; and

   2. (B) certify that the information submitted is true, accurate, and complete, to the best of the knowledge and belief of the certified operator, based on inquiry of:

      1. (i) the person who manages the system; or
      2. (ii) the person directly responsible for gathering the information.

(b) A certified operator may be designated as being in responsible charge of more than one (1) wastewater treatment plant if the following requirements are met:

1. (1) The certified operator provides adequate supervision to each wastewater treatment plant under the certified operator's responsible charge by spending sufficient time on a regular basis, either onsite or through remote monitoring of the wastewater treatment plant, to ensure that:

   1. (A) the certified operator is knowledgeable of the actual operations;
   2. (B) test reports and results are representative of the actual operational and compliance conditions; and
   3. (C) the certified operator is fulfilling the duties described in subsection (a).

2. (2) For each affected wastewater treatment plant, the certified operator in responsible charge ensures proper:

   1. (A) operation;
   2. (B) maintenance;
   3. (C) management; and
   4. (D) supervision.

3. (3) Each wastewater treatment plant under the responsible charge of a single certified operator is achieving the performance requirements and limits in the:

   1. (A) assigned permit;
   2. (B) local ordinances; and
   3. (C) other applicable regulatory requirements.

(c) An apprentice must not be designated as the certified operator in responsible charge of a wastewater treatment plant.

(d) The commissioner may request submission of documentation of the following:

1. (1) Information about each wastewater treatment plant under the responsible charge of a certified operator, including the:

   1. (A) name;
   2. (B) location; and
   3. (C) classification.
2. (2) The amount of time that the certified operator in responsible charge spends at each wastewater treatment plant identified in subdivision (1).
3. (3) The duties and responsibilities of the certified operator in responsible charge at each wastewater treatment plant.

(e) If a certified operator in responsible charge of a wastewater treatment plant does not meet the requirements of this section, or if the commissioner identifies concerns with the operation of the wastewater treatment plant under the supervision of the certified operator, the commissioner may initiate an action, including an enforcement action to:

1. (1) restrict the number of wastewater treatment plants under that certified operator's responsible charge;
2. (2) specify the amount of time that the certified operator in responsible charge shall be required to spend in the operation of each wastewater treatment plant;
3. (3) suspend or revoke the wastewater treatment plant operator's certificate in accordance with section 19 of this rule and IC 13-18-11-8; or
4. (4) require the certified operator to take specific action to correct violations of this section.

(Water Pollution Control Division; 327 IAC 5-23-7; filed Nov 6, 2023, 10:44 a.m.: 20231206-IR-327180365FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)