62-699.311. Additional Classification and Staffing Requirements

(1) An operator meeting the lead/chief operator class for the treatment plant shall be available during all periods of domestic wastewater or water treatment plant operation, and an operator meeting the lead/chief operator level or class for the water distribution system shall be available during all periods of distribution system operation. “Available” means able to be contacted as needed to initiate the appropriate action in a timely manner.

(2) A daily check of each Class C or D domestic wastewater treatment plant shall be performed by the permittee, or his or her representative or agent, each day the plant is in operation or 5 days per week, whichever is less. The daily check of a plant shall include on-site observation of the plant to verify that it is functioning and may include the taking of readings or samples or the performing of tests or measurements; and the daily check of a plant shall be noted in the operation and maintenance log required under subsection 62-602.650(4), F.A.C. A daily visit, or daily staffing, of a plant by an appropriately licensed operator fulfills the requirement for a daily check of the plant. Nothing in this subsection (2) shall be construed as allowing anyone to perform compliance tests for domestic wastewater unless he or she meets applicable qualification requirements in subsection 62-601.400(3), F.A.C.

(3) Checks of water treatment plants shall be performed by suppliers of water, or their representatives or agents, as described in paragraphs (a) and (b) below. Each plant check shall be noted in the plant’s operation and maintenance log required under paragraph 62-555.350(12)(a), F.A.C., or subsection 62-602.650(4), F.A.C. Nothing in this subsection (3) shall be construed as allowing anyone to perform compliance measurements for drinking water unless he or she meets applicable qualification requirements in subsection 62-550.550(1) or (2), F.A.C.

(a) For each water treatment plant that is part of a community or non-transient non-community water system or is part of a transient non-community water system subject to operator staffing requirements under Rule 62-699.310, F.A.C., the supplier of water, or the supplier’s representative or agent, shall check the plant on each day when one or more plant measurements are required under Chapter 62-550 or 62-555, F.A.C., but the plant is not staffed by a licensed operator. Each plant check shall include on-site observation of the plant to verify it is functioning and shall include performance of the one or more plant measurements required under Chapter 62-550 or 62-555, F.A.C.

(b) For each water treatment plant that is part of a transient non-community water system not subject to operator staffing requirements under Rule 62-699.310, F.A.C., the supplier of water, or the supplier’s representative or agent, shall check the plant each day the plant serves water to the public or two days per week, whichever is less. Also, the supplier of water, or the supplier’s representative or agent, shall check the plant on any additional days when one or more plant measurements are required under Chapter 62-550 or 62-555, F.A.C. Each plant check shall include on-site observation of the plant to verify it is functioning, shall include performance of any plant measurement required under Chapter 62-550 or 62-555, F.A.C., and can include measurement of the residual disinfectant concentration at the remote point in the water distribution system as required under subsection 62-555.350(6), F.A.C.

(4) A Class D operator shall be the lead/chief operator of no more than one domestic wastewater treatment plant plus one water treatment plant and distribution system except in cases where multiple plants and distribution systems are under the same ownership. In those cases where the plants and distribution systems are all under the same ownership, a Class D operator may be the lead/chief operator of as many as five domestic wastewater treatment plants, as many as five water treatment plants and distribution systems, or any combination of domestic wastewater treatment plants plus water treatment plants and distribution systems totaling five.

(5) Upon written request by the permittee or supplier of water, the Department shall approve in writing, in accordance with paragraph (a) or (b) below, reduction in staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for proposed new domestic wastewater or water treatment plants that are under an electronic surveillance system, automatic control system, or electronic control system and for existing domestic wastewater or water treatment plants that are under an electronic surveillance system, automatic control system, or electronic control system and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year. However, if the Department approves a reduction in staffing requirements under this subsection and the plant’s electronic surveillance system, automatic control system, or electronic control system subsequently malfunctions or fails, the Department’s approval of reduced staffing requirements shall be considered temporarily revoked while the plant’s electronic surveillance system, automatic control system, or electronic control system is not functioning properly.

(a) For plants that are under an electronic surveillance system or automatic control system, staffing requirements shall be reduced as follows:

1. Staffing for a Class A plant shall be reduced to no less than staffing by a Class C or higher operator 12 hours/day for 7 days/week with the 12 hours/day of staffing occurring during the 12-hour period of greatest influent flow or water production. The class of the lead/chief operator shall not be reduced.

2. Staffing for a Class B plant shall be reduced to no less than staffing by a Class C or higher operator 8 hours/day for 7 days/week with the 8 hours/day of staffing occurring during the 8-hour period of greatest influent flow or water production. The class of the lead/chief operator shall not be reduced.

3. Staffing for a Class C plant shall be reduced to no less than the minimum staffing required for the next smaller size of Class C plant in the same treatment process category.

(b) For plants that are under an electronic control system, staffing requirements shall be reduced as follows:

1. Staffing for a Class A plant shall be reduced to no less than staffing by a Class C or higher operator 6 hours/day for 5 days/week and one visit by a Class C or higher operator on each weekend day. The class of the lead/chief operator shall not be reduced.

2. Staffing for a Class B plant shall be reduced to no less than staffing by a Class C or higher operator 4 hours/day for 5 days/week and one visit by a Class C or higher operator on each weekend day. The class of the lead/chief operator shall not be reduced.

3. Staffing for a Class C plant shall be reduced to no less than the minimum staffing required for the smallest size of Class C plant in the same treatment process category.

(6) At Class B domestic wastewater or water treatment plants, the 16 hours/day of staffing shall occur during the 16-hour period, or two 8-hour periods, of greatest influent flow or water production.

(7) At Class A, B, or C domestic wastewater or water treatment plants, a licensed Class C or higher operator shall be on-site and in charge of each required shift for periods of required staffing time when the lead/chief operator is not on-site.

(8) Upon written request by the supplier of water, the Department shall approve in writing, in accordance with paragraphs (a) through (d) below, reduction in staffing requirements under subparagraph 62-699.310(2)(e)5., F.A.C.,  for proposed new Category V water treatment plants that are connected to the same water distribution system and for existing Category V water treatment plants that are connected to the same water distribution system and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year.

(a) The cumulative number of staffing hours for all the eligible Category V plants connected to the distribution system shall be reduced to no less than the number of staffing hours that would be required for a single Category V plant having a permitted maximum-day operating capacity equal to the cumulative permitted maximum-day operating capacity of all the eligible Category V plants connected to the distribution system.

(b) The cumulative number of staffing hours for all the eligible Category V plants connected to the distribution system shall be divided among the eligible plants in 0.1-hour, or one-visit, increments approximately proportional to the permitted maximum-day operating capacity of each eligible plant.

(c) Staffing requirements for each eligible Category V plant shall be reduced no less than a visit on each day that staffing time or a visit is required for the plant under subparagraph 62-699.310(2)(e)5., F.A.C.

(d) The class of the lead/chief operator for each Category V plant shall not be reduced.

(9) Upon written request by the permittee or supplier of water, the Department shall approve in writing, in accordance with paragraphs (a) and (b) below, reduction in staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for existing domestic wastewater or water treatment plants that are treating or producing less than the permitted capacity of the plant and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year.

(a) Staffing hours and visits shall be reduced to no less than the minimum staffing that would be required if the permitted capacity of a domestic wastewater treatment plant were considered to be equal to the actual treatment plant influent flow or if the permitted capacity of a water treatment plant were considered to be equal to the actual maximum-day production.

(b) The class of the lead/chief operator shall not be reduced.

(10) The classification of the operator, the number of days per week, and the number of hours per day specified in paragraphs 62-699.310(2)(a) through (e), F.A.C., are minimum requirements. The Department shall require a higher classification, more frequent visits, or more hours per day in those cases where additional staffing is necessary to ensure that a facility will comply with permit requirements or where there is a history of repeated non-compliance with permit requirements or applicable rule requirements. The Department shall provide to the permittee or supplier of water written notice of its intent to impose these more stringent requirements, setting forth with specificity the reasons that justify the Department’s proposed actions. Within fourteen days of receipt of notification, the permittee or supplier of water may petition for an administrative hearing under Sections 120.569 and 120.57, F.S.

(11) This subsection applies to the lead/chief operator of Class A or B domestic wastewater or water treatment plants. The lead/chief operator shall be employed at the plant full time. “Full-time” shall mean at least 4 days per week, working a minimum of 35 hours per week, including leave time. Upon written request by the permittee or supplier of water and written approval by the Department, the lead/chief operator may supervise the operation of two plants located in close physical proximity or multiple plants connected to a single water distribution system or domestic wastewater collection system when the multiple plants are under an electronic control system. The lead/chief operator’s time shall be allocated between or among the plants and electronic control system based upon the size and complexity of the plants and the availability of an electronic control system for the plants.

(12) For Class C domestic wastewater or water treatment plants, the lead/chief operator shall staff or visit the plant at least twice per month, and for Class D domestic wastewater or water treatment plants, the lead/chief operator shall visit the plant at least once per month.

(13) Upon written request by the permittee or supplier of water, the Department shall approve in writing reduction of staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for domestic wastewater or water treatment plants that are operational (i.e., on line and able to treat wastewater or water) fewer hours per day, or fewer days per week, than the plant must be staffed per paragraph 62-699.310(2)(a) or (e). F.A.C. In such cases, staffing requirements shall be reduced to the number of hours per day, or days per week, that the plant is operational, but the class of the lead/chief operator shall not be reduced.

(14) Upon written request by the permittee or supplier of water, the Department shall approve in writing an interchange of weekend visits with the same number of required weekdays of staffing for domestic wastewater or water treatment plants that have greater influent flow or water production on weekends than on weekdays. The total number of days per week that a plant is staffed versus visited shall not be reduced.

(15) A licensed water treatment plant operator may serve both as an operator, or the lead/chief operator, of a water treatment plant and as an operator, or the lead/chief operator, of the water distribution system connected to that plant.

Rulemaking Authority 403.869, 403.88(4) FS. Law Implemented 403.867, 403.88(1), (2), (3) FS. History–New 11-17-70, Revised 10-24-74, Amended 12-25-75, 6-10-76, Formerly 17-16.13, Amended 5-8-85, Formerly 17-16.375, 17-602.375, 17-699.311, Amended 7-5-01, 10-15-07, 3-6-13.