Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2014

Table of Contents Previous Next

Authenticated PDF Version

16 DE Admin. Code 4463
On January 1, 2014 (Volume 17, Issue 7), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by February 3, 2014, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations.
“Acceptable Experience” means active, on-site charge and/or performance of operation of a treatment plant and/or distribution system of a public water supply and would include such activities as treatment plant startup and hands-on (in the field) operator training. “Hands-on” means the applicant has been actually operating a water treatment plant and/or working on the distribution system, has performed routine tests, collected samples, completed operational reports, etc. It means that the knowledge possessed was, at least in part, gathered from daily operating experience, not merely from textbook study.
“Advisory Council” means Advisory Council for Certification of Public Water System Operators, as established by this regulation.
“Base Level License” means a water treatment and/or distribution license in which the following information is covered: 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 Rider” means a certified water operator who operates and/or is the direct-responsible-charge (DRC) for more than one (1) public water system.
“Combined Treatment/Distribution System” means any water supply system which is 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 (1) CEU is equal to ten (10) hours of classroom and/or laboratory training.
“Department” means Delaware Health and Social Services.
“Direct-Responsible-Charge (DRC)” means Certified water system operator(s) assigned active daily technical direction and supervision or active daily accountability for process control decisions of a facility or a major segment of a facility that directly impacts public health or the environment.
“Director” means Director of the Division of Public Healthor his/her duly authorized designee.
“Division” means Division of Public Health.
“Educational Contact Hour” means the amount of time spent at a water operators or water distribution operators training course, after initial certification, not including travel time or lodging time. For purposes of these Regulations, the initial base certification course does not qualify as educational contact hours and one (1) hour of time spent in a training course is equal to one (1) educational contact hour.
“Endorsement” means any water treatment operation as listed in Section 5.2.1 which is over and above the base level license as defined in this section.
“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.
“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, state commission, Advisory Council, public or private institution, utility, cooperative, municipality or any other political subdivision of this State, or any other legal entity.
“Process Control Decision” means 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 System” means 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 for consumption in more than three dwelling units, or furnishes 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, camps of all types, day and boarding schools, clubhouses, hospitals and other institutions, or offers any water for sale for potable or domestic purposes. Public water systems are classified as follows:
"Community Water System (CWS)" means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents;
"Non-Transient Non-Community Water System (NTNCWS)" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;
"Non-Community Water System (NCWS)" means a public water system which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year;
"Miscellaneous Public Water System (MPWS)" means a public water system that is neither community, non-community nor non-transient non-community.
“Secretary, Delaware Health and Social Services” means the Administrator of the Department of Health and Social Services of the State of Delaware as defined in Title 29, Section (b), Delaware Code or his/her duly authorized designee.
“Water Distribution System” means that portion of the water supply system in which 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 Supplier” means any person who owns, operates, or manages a public water system.
“Water Supply System” means 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 which is meant to alter the physical, chemical or bacteriological quality of the water.
“Water Treatment Facility” means that portion of the water supply system which is meant to alter the physical, chemical, or bacteriological quality of the water being treated.
4.5.1 The license requirements stipulated in 4.1 and 4.3 apply separately and equally to both the water supply treatment facility operator and the water supply distribution facility operator of a combined treatment/distribution supply system.
4.7.1 A temporary variance from the license requirements provided in Sections 4.1, 4.3 and 4.5 of this regulation may be granted by the Secretary, 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/or is unable to hire a licensed operator in spite of good faith efforts. Such temporary variance may be issued with any special conditions or requirements deemed necessary to assure the protection of the public health.
4.7.2 Notification of the unexpected loss of a licensed operator must be sent to the Advisory Council by the owner within thirty (30) days pursuant to 4.6 of this regulation. Application for a temporary variance must be made to the Advisory Council on forms provided by the Advisory Council no later than thirty (30) days following such initial notification. After thorough review of the application and any other information required by the Advisory Council as being pertinent to the issuance of a temporary variance, the Advisory Council shall make a recommendation to the Secretary. The Secretary notifies the applicant in writing of his/her decision to approve or deny the temporary variance.
6.2.1.2 Three (3) years of acceptable operating experience, and;
6.2.3.2 Shall make at least three (3) visits each week at each water system that provides any treatment and shall make at least one (1) visit each week for each system that has no treatment. This number may be adjusted by the Advisory Council based upon a written request from the operator and/or owner of the water system with justification provided for making the change.
7.1.6 Eligibility
7.1.6.2 Any applicant that fails to submit payment for their license within ninety (90) days of the first notification they passed the examination and are eligible for licensure must submit a new application to the Advisory Council and retake the exam.
7.1.7.1 Where the application of a person has been refused or rejected, the applicant may appeal in writing, via certified mail, to the Secretary within thirty (30) days. Any applicant who failed the examination has the right to appeal before the Advisory Council.
7.3.1 Licenses shall be renewed every two (2) years unless suspended, revoked for cause, or invalidated under 7.4. The deadline renewal date shall be the month and day of the original license issuance. Application for renewal must be submitted to the Advisory Council on forms provided by the Advisory Council at least sixty (60) days prior to the deadline renewal date.
7.3.3 Any license that has not been renewed in accordance with 7.3.1 and 7.3.2 shall be automatically invalidated. Such expired license may be revalidated without examination upon payment of the appropriate fee and verification of completion of continuing education requirements within one (1) year from the expiration date. Licenses not reinstated within one (1) year shall submit a new application to the Advisory Council and may be required to sit for the appropriate written examination.
7.5.1 The fee schedule as authorized by 16 Del.C. 122(3)(c) and set forth below shall take effect on the effective date of this regulation.
10.1 Grounds for Discipline. The conditions and actions of an applicant or licensed operator which may result in disciplinary action as set forth in 10.3 of this Section includes, but is not limited to, the following list. If after following the Disciplinary Procedures as stated in Section 10.2, the Council finds that, after conducting an investigation and hearing an applicant or licensed operator:
10.1.1 Has acted fraudulently or with material deception in order to be certified; or
10.2.2 Investigation: Whenever the Director issues a Notice of Violation, an investigation shall be conducted to determine if the alleged violations have occurred or are occurring. Two members of the Advisory Council shall act as the investigator and shall report the findings of the investigation to the Advisory Council. Upon review of all the facts concerning the alleged violation(s), the Advisory Council will vote on recommended disciplinary sanction(s), as listed in Section 3.0. The investigative member of the Advisory Council will not vote on the recommended disciplinary actions. The Advisory Council shall report to the Secretary and the Director with the findings of fact and recommendations for disciplinary action.
10.4 Renewal of License after Revocation: An operator that has had his/her license revoked by the Secretary and wishes to get their license back must submit a new application to the Advisory Council for consideration. The application shall not be submitted for at least one year after the date of revocation.
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.
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.
Directormeans Director of the Division of Public Health or his/her duly authorized designee.
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.
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.
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.
A. Disinfection
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov