The Department is establishing classification and staffing requirements for water distribution systems. Also, the Department is making clarifications and changes to current classification and staffing requirements for water or domestic wastewater ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-699.200: Definitions.
62-699.310: Classification and Staffing of Plants
62-699.311: Additional Classification and Staffing Requirements
PURPOSE AND EFFECT: The Department is establishing classification and staffing requirements for water distribution systems. Also, the Department is making clarifications and changes to current classification and staffing requirements for water or domestic wastewater treatment plants.
SUMMARY: Rule 62-699.200, F.A.C., is being added to define words, phrases, and terms used in Chapter 62-699, F.A.C.,. Rule 62-699.310, F.A.C., is being amended to add classification and staffing requirements for water distribution systems; to clarify, change, and expand the list of treatment processes included under the various categories of domestic wastewater or water treatment plants; to increase staffing from ½ hour/day to 1 hour/day for Category I, Class C, wastewater treatment plants with a capacity less than 0.05 million gallons per day (MGD); to specify that the cumulative time spent each week visiting a Category III, Class C, water treatment plant with a capacity less than 0.25 MGD shall be equal to an average of at least 0.3 hour per visit; to specify that the cumulative time spent each week visiting a Category IV, Class C or D, water treatment plant with a capacity less than 1.0 MGD shall be equal to an average of at least 0.2 hour per visit; and to specify that the cumulative time spent each week visiting a Category V, Class C or D, water treatment plant with a capacity less than 3.0 MGD shall be equal to an average of at least 0.1 hour per visit. Rule 62-699.311, F.A.C., is being amended to add classification and staffing requirements for water distribution systems; to clarify what the daily check of a treatment plant shall include; to allow Class D treatment plant operators to be the lead/chief operator of up to five water or domestic wastewater treatment plants if the plants are under the same ownership; to establish approval criteria governing staffing reductions for treatment plants under an electronic surveillance system, automatic control system, or electronic control system; to establish approval criteria governing staffing reductions for treatment plants operating at less than permitted capacity; to establish approval criteria governing staffing reductions for multiple Category V water treatment plants connected to the same distribution system; to allow the Department to require increased staffing where necessary to ensure compliance; to require that Class C treatment plants be visited by their lead/chief operator at least twice per month and that Class D treatment plants be visited by their lead/chief operator at least once per month; and to allow for weekend visits to be interchanged with weekday staffing at treatment plants that have greater flow or production on weekends than on weekdays.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Costs has been prepared. The Department believes that the classification and staffing requirements it is establishing for water distribution systems constitute the lowest cost regulatory alternative for meeting Florida Statutes and the U.S. Environmental Protection Agency’s “Final Guidelines for the Certification and Recertification of the Operators of Community and Nontransient Noncommunity Public Water Systems” and for maintaining consistency with current classification and staffing requirements for water or domestic wastewater treatment plants. Also, the Department believes that the changes it is making to current classification and staffing requirements for water or domestic wastewater treatment plants will create minimal additional 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.
SPECIFIC 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: June 20, 2007, 10:00 a.m.
PLACE: Room 609, Twin Towers Office Building, Department of Environmental Protection, 2600 Blair Stone Road, 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, Drinking Water Section (MS 3520), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; telephone [phone]. 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, Drinking Water Section (MS 3520), 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

TREATMENT PLANT CLASSIFICATION AND STAFFING OF WATER OR DOMESTIC WASTEWATER TREATMENT PLANTS AND WATER DISTRIBUTION SYSTEMS

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 a county health department designated by the Department of Health and approved by the Department of Environmental Protection as having a qualified sanitary engineering staff to perform the duties described in Section 403.862(1)(c), F.S.

(2) “AUtomatic Control SYSTEM” means an on-site computerized system with sensors and programs that can adjust and control domestic wastewater or water treatment plant equipment and processes over the normal range of expected operating conditions without operator assistance.

(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) “CONSECUTIVE SYSTEM” means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(5) “DELEGATED LOCAL PROGRAM” means any county, municipality, or combination thereof that has established, and administers, a pollution control program approved by the Department of Environmental Protection in compliance with Section 403.182, F.S.

(6) “Department” means the Department of Environmental Protection, any of the approved county health departments, or any of the delegated local programs.

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

(8) “ELECTRONIC CONTROL SYSTEM” means a comprehensive automatic control system plus electronic surveillance system along with capability for manual adjustment and control of domestic wastewater or water treatment plant equipment and processes via a computerized system at a central or off-site location that is staffed by a Class C or higher treatment plant operator 24 hours per day and seven days per week.

(9) “Electronic Surveillance SYSTEM” means a system that monitors operation of a domestic wastewater or water treatment plant and transmits the results of such monitoring by electronic means to a central or off-site location. The use of a telephone for communication between the lead/chief operator and plant personnel is not considered electronic surveillance.

(10) “Lead OR Chief Operator” means the licensed operator who is in responsible charge of a domestic wastewater or water treatment plant or water distribution system and whose responsibilities include supervising all other persons who are employed to operate the plant or distribution system, performing on-site plant or distribution system operation, performing electronic control system operation, and making decisions that relate to the daily operational activities of the plant or distribution system and that directly impact the quality or quantity of effluent, reclaimed water, or drinking water.

(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) “ON-SITE,” when referring to operating, staffing, visiting, or checking a domestic wastewater or water treatment plant, means at the location of the plant; and when referring to operating or staffing a water distribution system, means at the location of the distribution system pipe, pumps, or tanks where operation or maintenance activities that may affect water quality or quantity are taking place.

(14) “OPERATOR” means any person who is in on-site charge of the actual operation, supervision, and maintenance of a domestic wastewater or water treatment plant or water distribution system and includes the person in on-site charge of a shift or period of operation during any part of the day. Operator also means any person operating an electronic control system. Such persons shall be licensed in accordance with Chapter 62-602, F.A.C.

(15) “Permittee” means the person or entity to which a permit for a domestic wastewater facility is issued by the Department.

(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.

(20) “Visit” means an on-site examination of a domestic wastewater or water treatment plant to ensure that equipment is functioning properly, to ensure that chemical supplies are sufficient, and to record the quantity or quality of wastewater or drinking water being treated and other relevant information.

(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.

(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.

(23) “WHOLESALE SYSTEM” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Specific Authority 403.869, 403.88(4) FS. Law Implemented 403.182, 403.852, 403.862, 403.866 FS. History–New__________.

 

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

This section applies to all domestic wastewater treatment plant permittees or suppliers of water except suppliers of water who own or operate a transient non-community water system 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 transient non-community water systems serving only businesses other than public food service establishments 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, suppliers 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)(1) All Ppermittees and suppliers of water or wastewater treatment plants shall employ licensed certified operators on-site at their domestic wastewater or water treatment plant(s) to fulfill the time or visit requirements as specified in paragraphs (a) through (e) below. Beginning May 1, 2011, suppliers of water shall employ licensed operators to staff their water distribution system as specified in paragraph (f) below.

(2) Operators with appropriate certification shall fulfill the time or visit requirements of the schedule below and perform treatment plant operation as assigned by the permittee or supplier.

(a)(3) Classification and Staffing Requirements for Domestic Wastewater Treatment Plants Other than Those Discussed Separately in paragraphs (b) through (d) Below and Lead/Chief Operators. All flow values used in this paragraph refer to the permitted capacity of the domestic wastewater treatment plant.

 

1.(a) Domestic Wastewater Treatment Plant Category I
Treatment Process	Class A	Class B	Class C	Class D
Processes to meet permit limits for total nitrogen with or without filtration; processes to meet permit limits for total phosphorus with or without filtration; or membrane processes, including microfiltration, ultrafiltration, nanofiltration, reverse osmosis, and membrane bioreactors. Processes that exceed secondary treatment standards including the Bardenpho process but does not include polishing ponds or lagoons.	3.0 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.	0.5 MGD up to 3.0 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.	0.1 MGD up to 0.5 MGD Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. ________________ 0.05 MGD up to 0.1 MGD Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. ________________ Less than 0.05 MGD Staffing by Class C or higher operator: 1 1/2 hour/day for 5 days/week and one visit each a weekend visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not Applicable None

 

2.(b) Domestic Wastewater Treatment Plant Category II
Treatment Process	Class A	Class B	Class C	Class D
Activated sludge processes or modification, except other than extended aeration, with or without filtration filters.	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.	0.25 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 0.25 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: 1/2 hour/day for 5 days/week and one visit each a weekend visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not Applicable None

 

3.(c) Domestic Wastewater Treatment Plant Category III
Treatment Process	Class A	Class B	Class C	Class D
Extended aeration, including process and oxidation ditches, with or without filtration filters.	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.	0.5 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. ________________ 0.25 MGD up to 0.5 MGD Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit each weekend visit. ________________ 25,000 GPD up to 0.25 MGD Staffing by Class C or higher operator: 1/2 hour/day for 5 days/week and one visit each a weekend visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	10,000 GPD up to 25,000 GPD Staffing by Class D or higher operator: 3 nonconsecutive visits/week on nonconsecutive days for a total of 1 1/2 hours/week. ________________ 2,000 up to 10,000 GPD Staffing by Class D or higher operator: 2 nonconsecutive visits/week on nonconsecutive days for a total of 1 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.

 

4.(d) Domestic Wastewater Treatment Plant Category IV
Treatment Process	Class A	Class B	Class C	Class D
Either of the following processes with or without filtration: tTrickling filters or process and rotating biological contactors.	10 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.	3.0 MGD up to 10 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.	2.0 MGD up to 3.0 MGD Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day. ________________ 0.75 MGD up to 2.0 MGD Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day. ________________ 25,000 GPD up to 0.75 MGD Staffing by Class C or higher operator: 1/2 hour/day for 5 days/week and one visit each a weekend visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	2,000 up to 25,000 GPD Staffing by Class D or higher operator: 2 nonconsecutive visits/week on nonconsecutive days for a total of 1 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. The lLead/chief operator must be Class D or higher.

 

(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 plant category shall be established in accordance with paragraph (a) above.

2. Additional minimum staffing requirements are provided in subsections 62-610.462(2) and (3), F.A.C., which shall be used in conjunction with the requirements in paragraph (a) above, with the most stringent requirements governing. Reductions in staffing requirements below the minimum established in subsections 62-610.462(2) and (3), F.A.C., shall not be allowed.

(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 plant category shall be established in accordance with paragraph (a) above.

2. Additional minimum staffing requirements are provided in subsections 62-610.567(3), (4), and (5), F.A.C., which shall be used in conjunction with the requirements in paragraph (a) above, with the most stringent requirements governing. Reductions in staffing requirements below the minimum established in subsections 62-610.567(3), (4), and (5), F.A.C., shall not be allowed.

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

(e)(4) Classification and Staffing Requirements for Water Treatment Plants and Lead/Chief Operators. All flow values used in this paragraph refer to the permitted maximum-day operating capacity of the water treatment plant.

 

1.(a) Water Treatment Plant Category I
Treatment Process	Class A	Class B	Class C	Class D
Conventional filtration (coagulation, flocculation, sedimentation, and filtration); direct filtration, (coagulation and filtration); or lime softening. Chemical preparation with filtration including lime softening, coagulation, direct filtration.	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: 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 None

 

2.(b) Water Treatment Plant Category II
Treatment Process	Class A	Class B	Class C	Class D
Membrane processes, including electrodialysis, electrodialysis reversal, microfiltration, ultrafiltration, nanofiltration, and reverse osmosis. Demineralization including reverse osmosis, desalinization, electrodialysis and ultra filtration.	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. ________________ 0.1 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 Staffing by Class C or higher operator: 1 hour/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 None

 

3.(c) Water Treatment Plant Category III
Treatment Process	Class A	Class B	Class C	Class D
Activated carbon processes; diatomaceous earth filtration; ion exchange for removal of any primary contaminant; iron and manganese removal (oxidation, detention, and filtration); or slow sand filtration. Filtration (other than category II) including primary treatment or ion exchange.	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 visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Not Applicable None

 

4.(d) Water Treatment Plant Category IV
Treatment Process	Class A	Class B	Class C	Class D
Aeration for removal of any primary contaminant; alkalinity/pH adjustment; chloramination; chlorine dioxide for oxidation or disinfection; fluoridation; ion exchange for removal of any secondary contaminant, sulfide, or any unregulated contaminant; or ozonation. Primary treatment (includes aeration, stabilization, disinfection).	Not Applicable None.	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 visit. ________________ For all of the above plants, the lead/chief operator must be Class C or higher.	Less than Water plants serving the minimum regulated size public water system up to 0.1 MGD. Staffing by a Class D or higher operator: 3 nonconsecutive visits/week on nonconsecutive days for a total of 0.6 hour/week. The lLead/chief operator must be Class D or higher.

 

5.(e) 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; chlorination; corrosion control inhibitor addition; hypochlorination; iron or manganese sequestration; or ultraviolet radiation. Disinfection only.	Not Applicable None.	Not Applicable None.	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 visit. ________________ 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 nonconsecutive visits/week on nonconsecutive days for a total of 0.3 hour/week. ________________ Less than Water plants serving the minimum regulated size public water systems up to 50,000 GPD. Staffing by a Class D or higher operator: 2 nonconsecutive 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 lLead/chief operator must be Class D or higher.

 

(f) Classification and Staffing Requirements for Water Distribution Systems. 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, the 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 underground utility and excavation contractor or licensed plumbing contractor.	Serving at least 10,000 persons and less than 100,000 persons Beginning May 1, 2011, the 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 underground utility and excavation contractor or licensed plumbing contractor.	Serving at least 1,000 persons and less than 10,000 persons Beginning May 1, 2011, the 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 underground utility and excavation contractor or licensed plumbing contractor.	Serving less than 1,000 persons 2 Beginning May 1, 2011, the 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 underground utility and excavation contractor or licensed plumbing contractor.
1      The following water distribution system operation or maintenance activities may affect water quality or quantity: cleaning (swabbing, pigging, scraping, or air-purging) existing water mains; tapping, depressurizing/dewatering, or disinfecting existing water mains; dewatering, cleaning, or disinfecting existing 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. 2      For 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, the 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 underground utility and excavation contractor or licensed plumbing contractor.
1     Water distribution system operation and maintenance activities that may affect water quality or quantity include the following: cleaning (swabbing, pigging, scraping, or air-purging) existing water mains; tapping, depressurizing/dewatering, or disinfecting existing water mains; dewatering, cleaning, or disinfecting existing 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.

 

Specific Authority 403.869, 403.88(4)(3) 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, 1-21-81, Formerly 17-16.12 and 17-16.13, Amended 5-8-85, Formerly 17-16.370, 17-602.370, 17-699.310, Amended__________.

 

62-699.311 Additional Classification and Staffing Requirements.

(1) An operator meeting the lead/chief operator class for classification level of 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 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. Daily checks of all plants shall be performed by the permittee, or supplier, or his representative or agent 5 days per week for all Class C and D plants.

(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 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)(2) A Class D operator shall not be the lead/chief operator of no more than one domestic water and one 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 at any time. 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.

(4)(3) For proposed new domestic wastewater or water treatment plants that are under an electronic surveillance system, or plant with an 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, the daily staffing requirements in paragraph 62-699.310(2)(a) or (e), F.A.C., shall hours may be reduced in accordance with paragraph (a) or (b) below upon written request by the permittee or supplier of water and written approval by the Department. 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.

(5)(4) At In 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 second shift should cover the next highest influent flow or peak water production period.

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

(7)(6) For proposed new Category V Those water treatment plants, that are connected to in which the treatment is limited to disinfection and share 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, the staffing requirements in subparagraph 62-699.310(2)(e)5., F.A.C., shall be may have the staff requirement reduced in accordance with paragraphs (a) through (d) below upon written request by the supplier of water and written approval by the Department. This reduction must be approved by the Department.

(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.

(7) Plant classification shall be determined upon permitted design flow or treatment capacity, degree of risk to public health or the environment and complexity of treatment plant operation.

(8) 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, the staffing requirements in paragraph 62-699.310(2)(a) or (e), F.A.C., shall be reduced in accordance with paragraphs (a) and (b) below uUpon written request by the permittee or supplier of water and written approval by the Department, plants which use less than the plant’s permitted design flow or treatment capacity may decrease the staffing requirement. However, the lead or chief operator must remain at the same class as the plant. The plant must not be in violation of any Department rule for this paragraph to apply.

(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.

(9) 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., the above charts are minimum requirements. Upon proper justification Tthe Department shall may 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 treatment system has public access irrigation or is in close physical proximity to Class I waters, Class II waters approved for shellfish harvesting, or Outstanding Florida Waters. 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 which justify the Department's proposed actions. Within fourteen days of receipt of notification, the permittee or supplier of water may petition for request an administrative public hearing under Sections 120.569 and 120.57, F.S. before a hearing officer pursuant to Chapter 62-103, F.A.C., and Chapter 120, Florida Statutes.

(10) For Class A or and 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 from 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 such plants are under an electronic surveillance and 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 surveillance and control system for the plants.

(11) 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.

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

(13) For domestic wastewater or water treatment plants that have greater influent flow or water production on weekends than on weekdays, required weekend visits may be interchanged with the same number of required weekdays of staffing upon written request by the permittee or supplier of water and written approval by the Department. The total number of days per week that a plant is staffed versus visited shall not be reduced.

(14) 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.

Specific Authority 403.869, 403.88(4) F.S. 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,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi A. Drew, Deputy Director for Regulatory Programs and Energy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 01, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 15, 2006