16 Del. Admin. Code § 4463-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4463-4.0 - License Requirements for Public Supply Water Systems

4.1 Water Supply Treatment Operators. A public water system treatment facility must be under the operation of a DRC.

4.2 Water Supply Treatment Facility Operators. It shall be a violation of these regulations for any person to be a DRC or operate any public water system treatment facility unless they possess a valid base-level license and applicable endorsements, if any, for the treatment facility to be operated.

4.3 Water Supply Distribution Systems. A public water distribution system, capable of producing greater than 500 gpm at 20 psi must be under the operation of a DRC possessing, at a minimum, a distribution endorsement.

4.4 Water Supply Distribution System Operators. It shall be a violation of these regulations for any person to be a DRC or operate any public water distribution system capable of producing greater than 500 gpm at 20 psi unless they possess a valid base-level license and, at a minimum, a distribution endorsement.

4.5 Combined Treatment/Distribution Supply Systems

4.5.1 The license requirements stipulated in subsections 4.1 and 4.3 apply separately and equally to the water supply treatment facility operator and the water supply distribution facility operator of a combined treatment/distribution supply system.

4.5.2 A water supply treatment facility that is part of a combined public water treatment/distribution system must be operated by a DRC.

4.5.3 A water supply distribution system that is part of a combined public water treatment/distribution system capable of producing greater than 500 gpm at 20 psi, must be under the DRC of a person possessing a valid base-level license and, at a minimum, a distribution endorsement.

4.5.4 The requirement of a distribution endorsement as stated in subsection 4.5 .3 may be waived if the owner demonstrates to the Division that the operation and maintenance of the water system is contracted out to another licensed operator.

4.6 An owner of a public water system treatment facility, distribution system, or combined treatment/distribution system must provide the Division a list of all persons in DRC and all operators who have been duly licensed under these regulations.

4.6.1 The owner must notify the Division, in writing, of any addition, deletion, or other change in the number of licensed DRCs by the close of business the next business day after such change. The notification must include the name and license number of the new DRC.

4.7 Temporary Variance

4.7.1 The Secretary may grant a temporary variance from the license requirements listed in subsections 4.1, 4.3 and 4.5 of this regulation, upon recommendation by the Advisory Council, to the owner of a public water system treatment facility, distribution system, or combined treatment/distribution system, when it is demonstrated to the satisfaction of the Advisory Council that the owner has unexpectedly lost a licensed operator and is unable to hire a licensed operator in spite of good faith efforts. The temporary variance may be issued with any special conditions or requirements deemed necessary to assure the protection of the public health.

4.7.1.1 Owner must notify the Division of the unexpected loss of a licensed operator within 30 days pursuant to subsection 4.6.

4.7.1.2 Owner must apply for the temporary variance no later than 30 days after loss of an operator.

4.7.1.3 The Secretary shall notify the applicant in writing of the decision to approve or deny the temporary variance once the Advisory Council reviews the application and any other pertinent materials and makes a recommendation to the Secretary.

4.7.2 A temporary variance shall be valid only for that facility or system for which it is issued and for a period of time as specified by the Secretary, not to exceed six months.

4.7.3 The Secretary may extend a temporary variance when the owner demonstrates the owner has continued to act in good faith in attempting to hire a licensed operator but is unable to do so.

4.7.3.1 The Secretary may grant one extension of the original variance, upon recommendation by the Advisory Council, for a period of time not to exceed six months.

4.7.3.2 Owners must request an extension of a temporary variance to the Advisory Council in writing no later than one month prior to the expiration of the original variance.

16 Del. Admin. Code § 4463-4.0

23 DE Reg. 928( 5/1/2020) (final)