1. (1) Water suppliers responsible for community and non-transient non-community water systems must at all times employ, contract with, or otherwise utilize an operator to be in direct responsible charge of every distribution system and water treatment plant. An operator designated in direct responsible charge of a distribution system or water treatment plant must be available during those periods of time when decisions relating to treatment processes, water quality, and water quantity that may affect public health are made.

   1. (a) The operator(s) described in this section must be certified as prescribed by OAR 333-061-0228 or 333-061-0235 through 0265, at a level equal to or greater than the classification of the distribution system or water treatment plant as prescribed by 333-061-0220, for which they are responsible.
   2. (b) A water supplier subject to this rule must report to the Authority, the name(s) of the operator(s) that has been designated to be in direct responsible charge of the distribution system and water treatment plant as applicable, and must notify the Authority within 30 days of any change of operator.

2. (2) A water supplier may employ, contract with, or utilize other operators in addition to those required by section (1) of this rule. For operators certified at less than the Authority-required level(s) for distribution or treatment, the water supplier must establish a written protocol for each of the other operators that:

   1. (a) Describes the operational decisions the operator is allowed to make;
   2. (b) Requires the operator to notify the operator in direct responsible charge when they make decisions related to process control, water quality or water quantity that may affect public health;
   3. (c) Describes the specific conditions under which the operator must consult with the operator in direct responsible charge, and when and how consultation is to be made;
   4. (d) Takes into account the certification level of the operator; their knowledge, skills, and abilities, and the range of expected operating conditions of the water system; and
   5. (e) Is signed and dated by the operator in direct responsible charge and the operator to which the protocol applies, and is available for inspection by the Authority.

Statutory/Other Authority

ORS 448.131

Statutes/Other Implemented

ORS 448.450, 448.455, 448.460, 448.465 & 448.994

History

PH 14-2014, f. & cert. ef. 5-8-14
PH 3-2013, f. & cert. ef. 1-25-13
PH 4-2009, f. & cert. ef. 5-18-09
PH 33-2004, f. & cert. ef. 10-21-04
PH 20-2004, f. & cert. ef. 6-18-04
PH 16-2004(Temp), f. & cert. ef. 4-9-04 thru 10-5-04
OHD 7-2002, f. & cert. ef. 5-2-02
Reverted to HD 14-1997, f. & cert. ef. 10-31-97
OHD 16-2001(Temp), f. 7-31-01, cert. ef. 8-1-01 thru 1-28-02
HD 14-1997, f. & cert. ef. 10-31-97
HD 1-1996, f. 1-2-96, cert. ef. 1-5-96
HD 19-1990, f. 6-28-90, cert. ef. 7-2-90
Reverted to HD 18-1988, f. & cert. ef. 7-27-88
HD 11-1989(Temp), f. & cert. ef. 12-29-89
HD 18-1988, f. & cert. ef. 7-27-88
HD 2-1988(Temp), f. & cert. ef. 2-10-88