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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

16 DE Admin. Code 4463
Acceptable Experiencemeans active, on-site leadership in the operation of a treatment plant/distribution system of a public water supply.
Advisory Council means Advisory Council for Certification of Public Water System Operators, as established by this regulation.
Base-Level Licensemeans a water treatment and/or distribution license that covers general water system information, disinfection by hypochlorination, and distribution operation and maintenance for water supply systems having a flow of less than five hundred (500) gpm at twenty (20) psi.
Circuit Ridermeans a certified water operator who serves as the direct-responsible-charge (DRC) for more than one public water system.
Combined Treatment/Distribution Systemmeans any water supply system composed of a water treatment facility together with a water distribution system as defined in this section.
Continuing Education Unit (CEU)means a measure of professional, educational training, where one CEU is equal to 10 hours of classroom and/or laboratory training.
Departmentshall mean the Delaware Department of Health and Social Services.
Directormeans Director of the Division of Public Health or his/her duly authorized designee.
Direct-Responsible-Charge (DRC)means (1) certified water system operator(s) assigned active, daily, technical direction and supervision or (2) active, daily, accountability for process control decisions of a facility/major segment of a facility that directly impacts public health or the environment. An operator must be fully licensed for one full year before designation as a DRC.
Distribution system means a network of pipes, valves, fire hydrants, service lines, meters, storage tanks, finished water reservoirs and pumping stations. The system delivers water to homes, businesses, and industries for drinking water and other uses.
Divisionshall mean Division of Public Health.
Educational Contact Hourmeans the amount of time spent at a water-operators or water-distribution-operators training course, after initial certification. This does not include travel time or lodging time. For purposes of these regulations, the initial base certification course does not qualify as educational contact hours and one hour of time spent in a training course is equal to one educational contact hour.
Endorsementmeans any water treatment operation as listed in subsection 5.2.1 which is over and above the base level license.
Hands-on means the applicant operates a water treatment plant or distribution system, and has performed other tasks including but not limited to routine tests, collection of samples, and completion of operational reports, etc. The knowledge possessed was, at least in part, gathered from daily operating experience, not merely from textbook study.
Leadership includes activities such as treatment-plant startup and hands-on operator training
Operator means the individual who has responsibility for the operation of a water treatment plant or water distribution system and any individual who normally has charge of an operating shift, or who performs process control decisions including analytical control.
Personmeans corporations, companies, associations, firms, municipally owned water utilities, partnerships, societies and joint stock companies, as well as individuals.
Process Control Decisionmeans a decision that maintains or changes the water quality or quantity of a water system in a manner that may affect the public health or the environment.
Public Water Systemmeans a water-supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user's free flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings including, but without limitation, rooming and boarding houses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes. A dwelling unit means 1 or more rooms arranged for the use of 1 or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
Secretary, Delaware Health and Social Servicesmeans the Administrator of the Department of Health and Social Services of the State of Delaware as defined in Title 29, Section 7902(a) of the Delaware Code or his/her duly authorized designee.
Water Distribution Systemmeans that portion of the water-supply system where water is stored and conveyed from a water treatment plant, groundwater well, or other supply point to the free-flowing outlet of the ultimate consumer.
Water Suppliermeans any person who owns, operates, or manages a public water system.
Water Supply Systemmeans the work and auxiliaries for collection, treatment, storage, and distribution of water from the source of supply to the free-flowing outlet of the ultimate consumer.
Water Treatment means any process that is meant to alter the physical, chemical or bacteriological quality of the water.
Water Treatment Facilitymeans that portion of the water-supply system that is meant to alter the physical, chemical, or bacteriological quality of the water being treated.
3.2.1 The Advisory Council shall consist of a minimum of nine seven members. Membership shall consist of:
3.2.1.2 three one representatives of the public-at-large;
6.1.2.1 Water Supply Operator-in-Training (OIT)
6.2.2 A water-treatment operator-in-training who lacks either, the education or experience requirements for a base-level license may receive an interim Operator-in-Training (OIT) license, for a maximum of one year, pending fulfillment of the regular license requirements. The interim OIT license depends on: (1) approval by the Secretary, (2) recommendation by the Advisory Council and (3) successful completion of the base-level written examination.
6.2.6 The Secretary may allow a water facility to be grandfathered by approving a valid, base-level license and any applicable endorsements to the individual(s) the governing body or owner of a public-water system certifies to have been in responsible charge and/or operated a water facility on the effective date of these Regulations, under the following criteria: Water facility operators and Distribution system operators shall not be grandfathered.
7.2 Once an applicant satisfies requirements provided in this regulation, and provides proof of employment as an operator at a Delaware water system, the candidate, upon recommendation by the Advisory Council, shall be issued a suitable license by the Secretary. The license shall indicate all endorsements for which the operator is qualified, the date of issuance and date of expiration.
7.3 Renewal of License. It is the responsibility of the licensee to file a renewal application with the Advisory Council. The Advisory Council is not required to notify licensees of expiration dates.
7.3.2.1 At least 50% of training (10 educational contact hours) must be obtained in classes directly related to waterworks operation, treatment or distribution.
7.5.1 The fee schedule as authorized by Title 16, Section 122(3)(c) of the Delaware Code and set forth below shall take effect on the effective date of these Regulations.
Last Updated: December 31 1969 19:00:00.
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