OAR 340-049-0015: General Requirements

(1) Each owner of a wastewater system with an Average Dry Weather Flow (ADWF) of 0.075 MGD (75,000 gallons per day) or greater design capacity must have its system supervised full-time by one or more operators who hold a valid certificate for the type of system, wastewater treatment or wastewater collection, and at a grade equal to or greater than the wastewater system classification as defined in OAR-340-049-0020 and 340-049-0025. (2) Any wastewater treatment system or wastewater collection system owner with a system having more than one daily shift must have its shift supervisor, if any, certified at no more than one grade lower than the wastewater system classification. The system owner is not required to have a shift supervisor if another properly certified operator is available to supervise operation of the system. (3) Each owner of a wastewater system with an ADWF less than 0.075 MGD (75,000 gallons per day) design capacity must have its system supervised on a part-time or full-time basis by one or more operators who hold a valid certificate for the type of system, wastewater treatment or wastewater collection, and at a grade equal to or greater than the wastewater system classification. (4) These rules shall not apply to owners of subsurface sewage disposal systems as defined under ORS 454.605 and installed or constructed under a permit in accordance with 454.655. Based on complexity of the wastewater system, the Department may require an owner of a NPDES or WPCF permitted wastewater system using subsurface sewage disposal with an ADWF greater than 0.0025 MGD (2,500 gallons per day) to have its system supervised by one or more operators certified in accordance with these rules. (5) Each wastewater treatment and wastewater collection system owner must notify the Department in writing of the name of all operators, including shift supervisors, if any, delegated authority by the owner to supervise the operation of its system in accordance with these rules. The written notice must be filed with the Department's Water Quality Division, Operator Certification Program, and include the operator's certificate type, grade, and expiration date. (6) The system supervisor or shift supervisor is not required to be on site at all times. The system supervisor must be available to the wastewater system owner and to any other operator, and able to immediately respond on site. A shift supervisor must be available and able to immediately respond on site during an assigned shift. (7) An operator holding a valid Grade I Provisional wastewater treatment or wastewater collection certificate may be designated by a system owner to supervise the operation of a Class I wastewater treatment or wastewater collection system, respectively. (8) The wastewater system owner may re-designate or replace designated operators responsible for supervising system operation with other properly certified operators at any time and must notify the Department in writing within 30 days of replacement or re-designation of operators. (9) A small wastewater system, as defined in OAR 340-049-0020(1)(a), or a wastewater treatment or wastewater collection system may not be without an operator as required in Sections (1) or (3) of this rule for more than 30 days. During this period, the system owner must ensure the system is operated by an operator with a certification at no more than one grade lower than the system classification. This operator must be authorized by the system owner to supervise the operation of the system. (10) When compliance with requirements in Sections (1) or (3) of this rule is not possible or practicable because the system supervisor is not available or the position is vacated unexpectedly, and another certified operator is not qualified to assume supervisory responsibility, the Director may grant a time extension for compliance with the requirements in response to a written request from the system owner. The Director will not grant an extension longer than 120 days unless the system owner documents the existence of extraordinary circumstance s or meets the criteria listed in 340-049-0015 (10)(b). Extensions will not exceed 365 days. (a) The request must justify the need for the time extension and include at least the following: (A) The date the system supervisor position or availability was or will be vacated; (B) A time schedule to recruit, hire, or otherwise make available and designate another properly certified operator; and (C) The name of an interim supervisor and the supervisor's certificate type, grade and expiration date. (b) If a wastewater treatment system classification increases, and the current supervisory operator has been employed at that system for at least one year and is certified at one grade lower than the new classification of the system, and there have been no Class I permit violations, as defined in OAR 340, division 12, the system owner may request it be given 365 daysto allow that operator to upgrade their certification, and the request must include the information listed in 340-049(10)(a) or hire an operator with the proper certification. (c) Any time extension granted will be conditioned on a time schedule for the system owner to obtain the services of a qualified operator to supervise the wastewater system in accordance with these rules, and may be revoked if the system is operated in violation of a NPDES or WPCF permit conditions or ORS 468B.025. (11) For contract operations as defined in OAR 340-049-0010(5), the system owner must have and maintain a written contract on file and, upon request by the Department, must provide a copy of contract provisions for supervising the operation of its system for Department review. Contracts for part-time system supervision allowed under Section 3 of this rule must meet all requirements in 340-049-0070.