The Department is making clarifications and reductions to existing classification and staffing requirements for domestic wastewater treatment plants, water treatment plants, and water distribution systems.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-699.200: Definitions.
62-699.310: Classification and Staffing of Domestic Wastewater or Water Treatment Plants and Water Distribution Systems
62-699.311: Additional Classification and Staffing Requirements
PURPOSE AND EFFECT: The Department is making clarifications and reductions to existing classification and staffing requirements for domestic wastewater treatment plants, water treatment plants, and water distribution systems.
SUMMARY: Rule 62-699.200, F.A.C., is being amended to delete definitions that duplicate definitions in the Florida Statutes and add definitions of “biosolids treatment facility,” “water main,” and “water service line.” Rule 62-699.310, F.A.C., is being amended to clarify that certain transient non-community water systems serving religious institutions are exempt from operator staffing requirements (Section 403.853(6) F.S.); clarify that the phrase “public food service establishment” is defined in several chapters of the Florida Statutes; clarify the procedure for determining the category and classification of wastewater or water treatment plants and water distribution systems; reduce operator staffing requirements for some water treatment processes; and clarify the exception for operator staffing of certain water distribution system operation and maintenance activities when the activities are being performed by a construction contractor. Rule 62-699.311, F.A.C., is being amended to reduce the required number of owner checks or visits for some water treatment plants; clarify existing supplemental requirements for lead/chief operators of Class A or B treatment plants; and allow for reduced operator staffing at treatment plants that are operational fewer hours per day, or fewer days per week, than they must be staffed per paragraph 62-699.310(2)(a) or (e)., F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will reduce staffing requirements for some smaller or less-complex water treatment plants resulting in a reduction of regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 403.869, 403.88(4) FS.
LAW IMPLEMENTED: 403.182, 403.852, 403.853(6), 403.862, 403.866, 403.867, 403.875(1)(f), 403.88(1), 403.88(2), 403.88(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, December 10, 2012, 9:00 a.m.
PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Virginia Harmon, Department of Environmental Protection, 2600 Blair Stone Road, M.S. 3520, Tallahassee, Florida 32399-2400, [phone], e-mail [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Virginia Harmon, Department of Environmental Protection, 2600 Blair Stone Road, M.S. 3520, Tallahassee, Florida 32399-2400, [phone], e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-699.200 Definitions.

For the purposes of this chapter, the following words, phrases, or terms shall have the following meaning.

(1)“APPROVED COUNTY HEALTH DEPARTMENT” means Broward, Hillsborough, Lee, Manatee, Miami-Dade, Palm Beach, Polk, Sarasota, or Volusia County Health Department pursuant to Section 403.862(1)(c), F.S.

(2) No change.

(3)“BIOSOLIDS TREATMENT FACILITY” means a facility that treats biosolids from other facilities for the purpose of meeting the requirements of Chapter 62-640, F.A.C., before use or land application. Biosolids treatment facilities can also treat domestic septage and combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.

(3)“COMMUNITY WATER SYSTEM” or “CWS” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(4) through (6) No change.

(7)“Domestic Wastewater Treatment Plant” means any plant or other works used for the purpose of treating, stabilizing, or holding domestic wastes.

(8) through (10) renumbered (7) through (9) No change.

(11)“Non-Community Water System” means a public water system that is not a community water system. A non-community water system is either a transient non-community water system or a non-transient non-community water system.

(12)“NON-TRANSIENT NON-COMMUNITY WATER SYSTEM” or “NTNCWS” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

(13) through (15) renumbered (10) through (12) No change.

(16)“PUBLIC WATER SYSTEM” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A PWS includes: any collection, treatment, storage, or distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under control of the operator of such system but used primarily in connection with such system. A PWS does not include any special irrigation district. A PWS is either a community water system or a non-community water system.

(17)“RESIDUALS MANAGEMENT FACILITY” means a domestic wastewater treatment plant, such as a composting or blending facility, that treats residuals from other domestic wastewater treatment plants, residuals management facilities, or septage management facilities for the purpose of meeting the requirements of Chapter 62-640, F.A.C., before use or land application. Residuals management facilities may also treat domestic septage and combinations of residuals, domestic septage, food establishment sludges, wastewater removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, or on-site sewage treatment and disposal systems, before use or land application.

(18)“Supplier of Water” means any person who owns or operates a public water system (PWS). This does not include the licensed operator unless the licensed operator is also the owner of the PWS.

(19)“Transient Non-Community Water System” or “TWS” means a non-community water system that does not regularly serve at least 25 of the same persons over six months per year.

(13)(20) No change.

(21)“Water Distribution System” means those components of a regulated public water system used in conveying water for human consumption from the water treatment plant to the consumer’s property, including pipes, tanks, pumps, and other constructed conveyances.

(14)“WATER MAIN” means the following:

(a)All piping, regardless of size, conveying finished water from a water treatment plant to either a fire hydrant lead or a water service line; and

(b)All fire hydrant leads that are under the control of a regulated public water system.

(15)“WATER SERVICE LINE” means the following:

(a)Piping conveying finished water to a single or dual meter box that serves one or two buildings, one or two irrigation systems, or one building and one irrigation system; or

(b)Piping conveying finished water to a single building, irrigation system, or fire protection system.

(22)“Water Treatment Plant” means those components of a public water system used in collection, treatment, and storage of water for human consumption, whether or not such components are under the control of the operator of such system.

(16)(23) No change.

Rulemaking Specific Authority 403.869, 403.88(4) FS. Law Implemented 403.182, 403.852, 403.862, 403.866 FS. History–New 10-15-07, Amended __________.

62-699.310Classification and Staffing of Domestic Wastewater or Water Treatment Plants and Water Distribution Systems.

This section applies to all domestic wastewater treatment plant permittees and to all or suppliers of water except those suppliers of water who own or operate a transient non-community water system (TWS) using only ground water as a source of supply and serving only religious institutions, or businesses, other than public food service establishments as defined and regulated under Chapters 381, 500, or 509, F.S., and other than religious institutions with school or daycare services serving only businesses other than public food service establishments and using only ground water as a source of supply. Licensed operators are not required for TWSs using only ground water as a source of supply and transient non-community water systems serving only religious institutions, or only businesses, other than public food service establishments and other than religious institutions with school or daycare services and using only ground water as a source of supply.

(1)Domestic wastewater treatment plant permittees and suppliers of water shall employ only persons appropriately licensed under Chapter 62-602, F.A.C., to be in on-site charge of the operation, supervision, or maintenance of a domestic wastewater or water treatment plant during any part of any day. Beginning May 1, 2011, Ssuppliers of water shall employ only persons appropriately licensed under Chapter 62-602, F.A.C., to be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 under the tables in subparagraphs 62-699.310(2)(f)1. and 2., F.A.C.

(2)Permittees and suppliers of water shall employ licensed operators on-site at their domestic wastewater or water treatment plant(s) to fulfill the time and visit requirements specified in paragraphs (a) through (e) below. Beginning May 1, 2011, Ssuppliers of water shall employ licensed operators to staff their water distribution system as specified in paragraph (f) below.

(a)Classification and Staffing Requirements for Domestic Wastewater Treatment Plants Other than Those Discussed Separately in Pparagraphs (b) Tthrough (d) Bbelow. Refer to tables 1. through 4. below and determine the classification and staffing requirements for each domestic wastewater treatment plant using the following two-step procedure: first determine the category of the plant and then, within that category, determine the classification and staffing requirements for the plant. Determine the plant category by identifying the highest category in tables 1. through 4. listing one or more of the plant’s treatment processes, with Category I being the highest category and Category IV being the lowest category. Determine the plant classification and staffing requirements within the determined plant category by using the permitted capacity of the plant. Class A is the highest possible plant classification, and Class D is the lowest possible plant classification. All flow values used in this paragraph refer to the permitted capacity of the domestic wastewater treatment plant.

1. through 4. No change.

(b)Staffing Requirements for Domestic Wastewater Treatment Plants that Provide Reclaimed Water to a Reuse System Permitted Under Part III of Chapter 62-610, F.A.C.

1.The Pplant staffing requirements category shall be established in accordance with paragraph (a) above.

2. No change.

(c)Staffing Requirements for Domestic Wastewater Treatment Plants that Provide Reclaimed Water to a Reuse System Permitted Under Part V of Chapter 62-610, F.A.C.

1.The Pplant staffing requirements category shall be established in accordance with paragraph (a) above.

2. No change.

(d)Staffing Requirements for Biosolids Treatment Residuals Management Facilities. Staffing requirements are provided in paragraph 62-640.880(2)(j) 62-640.880(2)(i), F.A.C.

(e)Classification and Staffing Requirements for Water Treatment Plants. Refer to tables 1. through 5. below and determine the classification and staffing requirements for each water treatment plant using the following two-step procedure: first determine the category of the plant and then, within that category, determine the classification and staffing requirements for the plant. Determine the plant category by identifying the highest category in tables 1. through 5. listing one or more of the plant’s category-determining treatment processes, with Category I being the highest category and Category V being the lowest category. In no case shall a treatment process that is installed and maintained by the Department under the Water Supply Restoration Program be considered in determining the plant category. Otherwise, for any plant that is part of a community water system (CWS), all of the plant’s treatment processes shall be considered in determining the plant category, while for any plant that is part of a non-community water system (NCWS), only the plant’s treatment processes that are necessary to meet primary drinking water standards, or disinfection requirements, applicable to the NCWS shall be considered in determining the plant category. Determine the plant classification and staffing requirements within the determined plant category by using the permitted maximum-day operating capacity of the plant. Class A is the highest possible plant classification, and Class D is the lowest possible plant classification. All flow values used in this paragraph refer to the permitted maximum-day operating capacity of the water treatment plant.

 

1.Water Treatment Plant Category I
Treatment Process	Class A	Class B	Class C	Class D
Conventional filtration (coagulation, flocculation, sedimentation, and rapid-rate granular-media filtration), including lime softening; direct filtration (coagulation and rapid-rate granular-media filtration) of surface water or ground water determined by the Department to be under the direct influence of surface water; or direct filtration of ground water for removal of viruses lime softening.	5.0 MGD and above   Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.	1.0 MGD up to 5.0 MGD   Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.	0.3 MGD up to 1.0 MGD   Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. _________________ 0.1 MGD up to 0.3 MGD   Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. _________________ Less than 0.1 MGD   Staffing by Class C or higher operator: 1 hour/day 2 hours/day for 5 days/week and one visit on each weekend day. _________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not Applicable

2.Water Treatment Plant Category II
Treatment Process	Class A	Class B	Class C	Class D
Membrane processes, including electrodialysis, electrodialysis reversal, Mmicrofiltration, ultrafiltration, nanofiltration, or and reverse osmosis.	6.5 MGD and above   Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.	1.0 MGD up to 6.5 MGD   Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.	0.5 MGD up to 1.0 MGD   Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. _________________ 0.25 0.1 MGD up to 0.5 MGD   Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. _________________ Less than 0.1 MGD up to 0.25 MGD   Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day. _________________ Less than 0.1 MGD   Staffing by Class C or higher operator: 5 visits per week and one visit each weekend for a total of 2.4 hours/week. _________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not Applicable

3.Water Treatment Plant Category III
Treatment Process	Class A	Class B	Class C	Class D
Activated alumina or carbon adsorption with on-site media regeneration processes; diatomaceous earth filtration; electrodialysis or electrodialysis reversal; ion iron exchange for removal of any primary contaminant or disinfection byproduct precursors; oxidation and rapid-rate granular-media filtration, or direct filtration, of ground water for removal of any primary contaminant other than viruses or for removal of disinfection byproduct precursors iron and manganese removal (oxidation, detention, and filtration); or slow sand filtration.	8.0 MGD and above   Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.	2.0 MGD up to 8.0 MGD   Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.	1.0 MGD up to 2.0 MGD   Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. _________________ 0.5 MGD up to 1.0 MGD   Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. _________________ 0.25 MGD up to 0.5 MGD   Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day. _________________ Less than 0.25 MGD   Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 1.8 hours/week. _________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not applicable

4.Water Treatment Plant Category IV
Treatment Process	Class A	Class B	Class C	Class D
Activated alumina or carbon adsorption without on-site media regeneration; Aeration for removal of any primary contaminant; alkalinity/pH adjustment; chloramination; chlorine dioxide treatment for oxidation or disinfection; fluoridation; ion exchange for removal of any secondary contaminant, sulfide, or hardness from a CWS any unregulated contaminant; oxidation and rapid-rate granular-media filtration, or direct filtration, of ground water for removal of any secondary contaminant or sulfide from a CWS; or ozonation.	Not Applicable	10 MGD and above   Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.	5.0 MGD up to 10 MGD   Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. _________________ 3.0 MGD up to 5.0 MGD   Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. _________________ 1.0 MGD up to 3.0 MGD   Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day. _________________ 0.1 MGD up to 1.0 MGD   Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 1.2 hours/week. _________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Less than 0.1 MGD   Staffing by a Class D or higher operator: 3 visits/week on nonconsecutive days for a total of 0.6 hour/week. The lead/chief operator must be Class D or higher.

5.Water Treatment Plant Category V
Treatment Process	Class A	Class B	Class C	Class D
Aeration for removal of any secondary contaminant, sulfide, or any unregulated contaminant; alkalinity or pH adjustment; chlorination or hypochlorination; corrosion control inhibitor addition; fluoridation; hypochlorination; iron or manganese sequestration; or ultraviolet radiation.	Not Applicable	Not Applicable	5.0 MGD and above   Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. _________________ 3.0 MGD up to 5.0 MGD   Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day. _________________ 0.25 MGD up to 3.0 MGD   Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 0.6 hour/week. _________________ For all of the above plants, the lead/chief operator must be Class C or higher.	50,000 GPD up to 0.25 MGD   Staffing by Class D or higher operator: 3 visits/week on nonconsecutive days for a total of 0.3 hour/week. _________________ Less than 50,000 GPD   Staffing by a Class D or higher operator: 2 visits/week on nonconsecutive days for a total of 0.2 hour/week. There shall be no more than 5 days between the last visit in one week and the first visit in the next week. _________________ For all of the above plants, the lead/chief operator must be Class D or higher.

 

(f)Classification and Staffing Requirements for Water Distribution Systems. Refer to tables 1. and 2. below and determine the classification and staffing requirements for each water distribution system using the following two-step procedure: first determine the category of the distribution system and then, within that category, determine the classification and staffing requirements for the distribution system. Determine the distribution system category by using the highest classification of water treatment plant to which the distribution system is connected, with Class A being the highest plant classification and Class D being the lowest plant classification. Determine the distribution system classification and staffing requirements within the determined distribution system category by using the number of persons served directly by the distribution system, which excludes any persons served by any separately owned and operated wholesale or regulated consecutive system connected to the distribution system. Level 1 is the highest possible distribution system classification, and Level 4 is the lowest possible distribution system classification. For the purpose of this paragraph, the number of persons served by a water distribution system is the retail number of persons served by that individual system and excludes persons served by regulated consecutive systems receiving water from that system.

1.Water Distribution System Category I
Distribution System	Level 1	Level 2	Level 3	Level 4
Distribution system connected to a Class A, B, or C water treatment plant.	Serving 100,000 or more persons.   Beginning May 1, 2011, Tthe lead/chief operator must be a Level 1 water distribution system operator or a Class C or higher water treatment plant operator. Additionally, beginning May 1, 2011, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed construction underground utility and excavation contractor or licensed plumbing contractor working within the scope of his or her license.2	Serving at least 10,000 persons and less than 100,000 persons.   Beginning May 1, 2011, Tthe lead/chief operator must be a Level 2 or higher water distribution system operator or a Class C or higher water treatment plant operator. Additionally, beginning May 1, 2011, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed construction underground utility and excavation contractor or licensed plumbing contractor working within the scope of his or her license.2	Serving at least 1,000 persons and less than 10,000 persons.   Beginning May 1, 2011, Tthe lead/chief operator must be a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator. Additionally, beginning May 1, 2011, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed construction underground utility and excavation contractor or licensed plumbing contractor working within the scope of his or her license.2	Serving less than 1,000 persons.32.   Beginning May 1, 2011, Tthe lead/chief operator must be a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator. Additionally, beginning May 1, 2011, a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed construction underground utility and excavation contractor or licensed plumbing contractor working within the scope of his or her license.2
1The following water distribution system operation or maintenance activities may affect water quality or quantity: cleaning (swabbing, pigging, scraping, or air-purging) existing or repaired water mains; tapping, depressurizing/dewatering, or disinfecting existing or repaired water mains; dewatering, cleaning, or disinfecting existing or repaired finished-water storage tanks; and manually operating existing pumps, or adjusting existing automatic pump controls or automatic control valves, as necessary to regulate water distribution system flows or pressures. 2Part I of Chapter 489, F.S., and rules adopted thereunder and administered by the Department of Business and Professional Regulation and the Construction Industry Licensing Board regulate the construction industry and establish whether construction work, including the repair or replacement of water distribution system facilities, must be performed by a licensed construction contractor. 32For wholesale systems, a Category I water distribution system serving less than 1,000 persons shall be classified as a Level 3 water distribution system.
2.Water Distribution System Category II
Distribution System	Level 1	Level 2	Level 3	Level 4
Distribution system connected to a Class D water treatment plant.	Not Applicable	Not Applicable	Not Applicable	Beginning May 1, 2011, Tthe lead/chief operator must be a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator. Additionally, beginning May 1, 2011, a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed construction underground utility and excavation contractor or licensed plumbing contractor working within the scope of his or her license.2
1Water distribution system operation and maintenance activities that may affect water quality or quantity include the following: cleaning (swabbing, pigging, scraping, or air-purging) existing or repaired water mains; tapping, depressurizing/dewatering, or disinfecting existing or repaired water mains; dewatering, cleaning, or disinfecting existing or repaired finished-water storage tanks; and manually operating existing pumps, or adjusting automatic pump controls or automatic control valves, as necessary to regulate water distribution system flows or pressures. 2Part I of Chapter 489, F.S., and rules adopted thereunder and administered by the Department of Business and Professional Regulation and the Construction Industry Licensing Board regulate the construction industry and establish whether construction work, including the repair or replacement of water distribution system facilities, must be performed by a licensed construction contractor.

Rulemaking Specific Authority 403.869, 403.88(4) FS. Law Implemented 403.853(6), 403.867, 403.875(1)(f), 403.88(1), (2), (3) FS. History–New 11-17-70, Revised 10-24-74, Amended 12-25-75, 6-10-76, 1-12-81, Formerly 17-16.12 and 17-16.13, Amended 5-8-85, Formerly 17-16.370, 17-602.370, 17-699.310, Amended 10-15-07, __________.

62-699.311Additional 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 beginning May 1, 2011, 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 or water treatment plant shall be performed by the permittee or supplier of water, 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 paragraph 62-555.350(12)(a), F.A.C., and subsection 62-602.650(5), 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., and nothing in this subsection 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.

(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(5), 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.

(3) through (9) renumbered (4) through (10) No change.

(11)(10)This subsection applies to the lead/chief operator of For Class A or B domestic wastewater or water treatment plants., Tthe 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 such 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)(11) No change.

(13)(12)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. When a domestic wastewater or water treatment plant includes more than one treatment process, the most complex treatment process shall be used to classify the plant.

(13) through (14) renumbered (14) through (15) No change.

Rulemaking Specific 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, __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Van R. Hoofnagle, P.E.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 6, 2012