63 Pa. Stat. § 1013

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1013 - Operation of water or wastewater systems
(a) After January 1, 1971, and, except as provided in the following paragraphs, each owner shall employ the services of a certified operator of the required classification and subclassification who shall have the direct responsibility for the operation of the water or wastewater system and shall employ the services of such additional certified operators as are required pursuant to the provisions of this act and rules and regulations promulgated under it. The name of operators in responsible charge must be on file at all times with the department.
(b) On or before three years from the effective date of this amendatory act, each owner must place the direct supervision of their water or wastewater system under the responsible charge of available operators who hold a valid certificate of the applicable classification and subclassification to operate their system. Each owner shall employ the services of available operators of the required classification and subclassification who shall make process control decisions for the operation of the water or wastewater system during all periods of operation. All process control decisions must be made by a certified operator. Such decisions may be made on site, from a remote location and communicated to operators on site or by means of an approved standard operating procedure as provided by the rules and regulations adopted under this act.
(c) An individual who holds a valid certificate issued pursuant to the rules and regulations adopted under this act which were in effect before the effective date of this act may continue to operate under the terms and conditions of that certification as long as he or she is in compliance with the act and the rules and regulations adopted thereunder and any orders of the board or the department relative to certification. Annual renewals of certificates shall continue in full force and effect upon application and payment of the renewal fees heretofore prescribed by law in section 607-A of The Administrative Code until such fees are superseded and repealed by the rules and regulations adopted under this act. Such certification shall expire and the operator shall apply for renewal of certification within such time as may be set by the revised rules and regulations adopted under this act and upon the receipt of notice from the board that such operator shall apply for and obtain certification in accordance with the revised rules and regulations.
(d) An owner of a nontransient noncommunity water system or a wastewater collection system who has not employed a certified operator prior to the effective date of this act and is required to comply with the provisions of the act may continue to employ such operator as was associated with the system on the effective date of this act on an interim basis provided that the owner applies for the grandparenting of such operator or operators within sixty days of notification by the department, but in any case no later than two years after the effective date of this act. Certification for such grandparented operators shall be temporary, site-specific and nontransferable to other systems. The grandparenting of such operator shall expire and the operator must apply for and be granted certification or renewal of certification on or before a date specified in the rules and regulations adopted under this act.
(e) It shall be the duty of all certified operators to comply with the applicable Federal and State laws, and rules and regulations associated with a water or wastewater system, including, but not limited to:
(1) Meeting all the requirements for recertification or renewal of certification, including any continuing education requirements.
(2) Reporting to the system owner any known violations or system conditions that may be or are causing violations of any department regulation or permit conditions or requirements.
(3) Providing for the suitable operation and maintenance of a water or wastewater system utilizing available resources needed to comply with all applicable laws, rules and regulations and permit conditions or requirements.
(4) Reporting to the system owner any action necessary to prevent or eliminate a violation of applicable water or wastewater system laws, rules and regulations and permit conditions and requirements.
(5) Making or implementing appropriate process control decisions or taking or directing actions related to process control decisions for specific water or wastewater systems.
(f) It shall be the duty of all owners to comply with the applicable Federal and State laws, and rules and regulations associated with a water or wastewater system, including, but not limited to:
(1) Employing, identifying and reporting to the department the names of available operators and other information required by the department.
(2) Requiring, supervising and directing certified operators to take such action so that the water and wastewater system is in compliance with all applicable laws, rules, regulations and permits.
(3) Providing to all certified operators in responsible charge a copy of all current water or wastewater permits in order to make process control decisions to comply with regulatory requirements. Upon written request from an owner, the department shall provide the current water and wastewater permits to a single certified operator in responsible charge as designated by the owner.

63 P.S. § 1013

1968, Nov. 18, P.L. 1052, No. 322, § 13, effective 1/1/1969. Amended 2002, Feb. 21, P.L. 134, No. 11, § 14, imd. effective.