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 o

f

certificate do I n

eed?

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?

• 5-4.1 Definitions

• 5-4.2 Certification Required

• 5-4.3 Qualifications Required

• 5-4.4 Education, experience, and/or training

substitutions

• 5-4.5 Validated examinations

• 5-4.6 Grandparenting

• 5-4.7 Enforcement

• 5-4.8 Certification renewal/recertification

• 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

• Distribution & treatment are different

• Letters are type

• Numbers are flow size

• Table 5-4.2

• Complete training course

• Able to demonstrate

ability to make all operational &

water quality tests

• Table 5-4.3

• 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 undermy license?

Yes – It is expected!

• 10 NYCRR 5-4.2 – owner to place system under RESPONSIBLE CHARGE of certified operator

• 10 NYCRR 5-4.3 - Operating personnel making quality & quantity decisions regarding public health MUST be appropriately certified

• 10 NYCRR 5-4.3 - Certified operators making q & q decisions must be under direction of an OPERATOR IN RESPONSIBLE CHARGE

BUT, CANNOT MAKE Q & Q DECISIONS!!!!!!

Large System

ORC

CO

CO

CO

CO

Shift / Crew Supervisors

Water Superintendent

PWS Employees

CONCO

NCO

NCO

NCO

Medium System

ORC

Water Superintendent

Public Works Employees

CONCO

NCO

NCO

NCO

Small SystemWater Superintendent

ORC

?

NCO

Owners

Contractors

What are those decisions?How are such decisions made ?

What are important considerations?

15.1.8 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 10 NYCRR 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!

Yes – It is expected!

BUT, 10 NYCRR 5-4.2(a) (4)requires that a “ designated certified operator must be available during plant operation.”

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

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

Revocation • Permanent (but can be reinstated)• Notice & Hearing• Grounds

- Falsifying records- Illegal bypass- Sample tampering- Coercion

• After lapse, 1 year to fulfill CEU requirement

10 NYCRR 5-1.30(e)

“(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 5-1.22 of this Subpart.”

BUT,

“(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:”

• 12 months good samples

• Cross connection control

• Watershed controls

• Adequate storage protection

• Sources constructed, maintained, protected

• 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

• 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

Cattaraugus county is not issuing newDisinfection waivers and is phasing outOld ones.

10 NYCRR 5