18 AAC 74.845. Certification of an operator of an existing water system

(a) Except as provided in (c) of this section, an existing operator of a water system must become certified to operate that system within two years after January 18, 2001, if

(1) a certified operator is required under this chapter for the system on or after that date, and not before that date;

(2) the system has fewer than 100 service connections;

(3) the system is used or intended for use by fewer than 500 individuals per day; and

(4) the system owner complies with (b) of this section.

(b) The system owner must, on behalf of the existing operator, provide the department with

(1) information demonstrating

(A) the history of the system's compliance with 18 AAC 80 while under the supervision of the existing operator;

(B) the existing operator's skills, knowledge, ability, and judgment to operate the system; and

(2) any other information relevant to demonstrating that human health, safety, and welfare is adequately protected, if the department requests that information.

(c) The department will require the existing operator to become certified under 18 AAC 74.420 earlier than two years after January 18, 2001 if

(1) the system classification changes to a higher level under 18 AAC 74.120 or 18 AAC 74.450; or

(2) the department determines that earlier certification is necessary to adequately protect human health, safety, and welfare; in making this determination, the department will consider

(A) whether the water system has a history of substantial violations of the requirements of this chapter or 18 AAC 80 while under the supervision of the existing operator;

(B) the existing operator's skills, knowledge, ability, and judgment to operate the water system;

(D) other factors relevant to the protection of human health, safety, and welfare.

(d) An existing operator who under this section is temporarily exempted from the certification requirements of this chapter shall operate only the water system described in (a) of this section. The temporary exemption from certification is not transferable to any other water system. If the existing operator leaves the employment of the water system,

(1) that system must be immediately supervised by a certified operator; and

(2) the existing operator must meet the certification requirements for any new water system at which the operator becomes employed.

(e) In this section, "existing operator" means a supervising operator who is already employed on or before January 18, 2001 by the water system described in (a) of this section.

History: Eff. 1/18/2001, Register 157

Authority: AS 46.30.080

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