Section 216-RICR-50-05-5.5 - Mandatory Certification of Public Water Supply Treatment OperatorsA. It shall be unlawful for any public water supply system using surface water or groundwater under the direct influence of surface water as determined by the Director, or any community or noncommunity non-transient water supply to supply water for human consumption unless the treatment of such water is under the supervision of a superintendent or assistant superintendent who is assigned direct responsibility for the management, operation, and maintenance of the water supply treatment facility during all working shifts and who shall hold a full certificate equal to the grade or classification of the water supply treatment facility, as established by this Part.B. Each operator in charge of a shift at a public water supply system using surface water or groundwater under the direct influence of surface water, as determined by the Director, or any community or non-community non-transient water supply must hold a certificate no less than one (1) grade below the classification of the treatment facility.C. In addition to §§ 5.5(A) and (B) of this Part, all persons employed to work as operators at a public water supply system using surface water or groundwater under the direct influence of surface water, as determined by the Director, or any community or non-community non-transient water supply must be certified to at least the lowest grade of treatment plant operation certification within a year of hire into such position.D. Individuals holding Operator-In-Training certifications may not make decisions regarding the daily operational activities of public water treatment and/or transmission and distribution facilities, that may directly impact the quality and/or quantity of drinking water unless said decision is made in consultation with an operator holding a full certificate of the appropriate type and grade who must be on-site or able to be contacted as needed.E. Individuals employed by private entities to repair, replace or install components of operational water supply treatment facilities must be under the supervision of a fully certified operator employed at that water supply treatment facility.F. Violation of this section shall be considered a violation of the public drinking water supply under R.I. Gen. Laws Chapter 46-13 and water systems shall be subject to the enforcement and penalty provisions of R.I. Gen. Laws § 46-13-16.G. During a State of Emergency declared by the governor pursuant to R.I. Gen. Laws § 30-15-9, an operator of a lower classification than that required in §§ 5.5(A) and (B) of this Part may take over the responsibilities of the superintendent, assistant superintendent, or an operator in charge of a shift. 1. The decision as to who would take over any of these roles shall be made by the superintendent unless the superintendent is unable to fulfill his or her superintendent duties due to circumstances that arise from the State of Emergency. In the event the superintendent is unable to fulfill his or her duties, the most senior person with the highest-level operator classification shall make the decision.2. Public water systems operated by licensed contract operators who are unable to fulfill their duties due to circumstances that arise from the State of Emergency, must make every attempt to find another contract operator of an appropriate level of certification. If another contract operator is not available to provide its services, the owner may engage other professionals, including but not limited to town officials, professional engineers, licensed plumbers, and licensed water filtration/treatment system installers, to serve as an operator. Notwithstanding the foregoing, the owner maintains responsibility for the system.3. In the event any of the provisions set forth in § 5.5(G) of this Part are implemented, the PWS must notify the Board and the Director in writing within twenty-four (24) hours.216 R.I. Code R. 216-RICR-50-05-5.5
Amended effective 10/7/2020