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TITLE 64
LEGISLATIVE RULE
BUREAU FOR PUBLIC HEALTH
SERIES 4
PUBLIC WATER SYSTEMS OPERATOR REGULATIONS
§64-4-1. General.
1.1. Scope. -- This legislative rule governs
the examination and certification of operators of
public water systems. The W. Va. Code is
available in public libraries and on the Legisl
ature’s web page, http://www.legis.state.wv.us/.
1.2. Authority. -- W. Va. Code §§16-1-4
and related 16-1-9.
1.3. Filing Date. -- April 18, 2007.
1.4. Effective Date. -- April 18, 2007.
1.5. Repeal and Replacement of Former
Rules. -- This legislative rule repeals and
replaces Bureau for Public Health rule 64CSR4,
Public Water Systems Operator Regulations,
effective July 1, 2002.
§64-4-2. Application and Enforcement.
2.1. Application. -- This rule applies to
owners, certified operators, and operators-in-
training (OITs) of a public water system and to
applicants for certification.
2.2. Enforcement. -- This rule is enforced
by the Commissioner of the Bureau for Public
Health or his or her designee.
§64-4-3. Definitions.
3.1. 1D Operator. -- An individual holding
a valid West Virginia public water system
certification issued by the Commissioner, who
has met the education and experience
requirements outlined in Table 64-Ba of this
rule. Personnel employed in a Class WD or
higher public water system that collect samples
or collect water quality data from the
distribution system shall hold a Class 1D or
higher operator certification.
3.2. Adequate. -- A sufficient amount the
Commissioner determines, considering hours of
operation of the treatment plant, treatment
complexity, distribution extent, source of water,
and other factors.
3.3. Certified Operator. -- An individual
holding a valid West Virginia public water
system certification in accordance with Section
6 of this rule.
3.4. Chief Operator. -- The certified
operator whom the owner designates who is
responsible for managing the daily operational
activities of an entire public water system or a
water treatment facility, or a distribution system
in a manner that ensures meeting state and
federal safe drinking water rules and regulations.
3.5. Class I Operator. -- An individual
holding a valid Class I West Virginia public
water system certification issued by the
Commissioner in accordance with Section 6 of
this rule.
3.6. Class II Operator. -- An individual
holding a valid Class II West Virginia public
water system certification issued by the
Commissioner in accordance with Section 6 of
this rule.
3.7. Class III Operator. -- An individual
holding a valid Class III West Virginia public
water system certification issued by the
Commissioner in accordance with Section 6 of
this rule.
3.8. Class IV Operator. -- An individual
holding a valid Class IV West Virginia public
water system certification issued by the
Commissioner in accordance with Section 6 of
this rule.
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3.9. Commissioner. -- Commissioner of
the West Virginia Bureau for Public Health or
his or her designee.
3.10. Community Water System. -- A
public water system that serves at least fifteen
(15) service connections used by year round
residents or regularly serves at least twenty-five
(25) year round residents
.
3.11. Consecutive System. -- A public
water system that receives some or all of its
finished water from one or more other public
water systems.
3.12. Continuing Education Hour (CEH). --
One (1) hour of participation in an organized
continuing education experience under
responsible sponsorship approved by the
Commissioner for renewal of a public water
system operator certification.
3.13. Continuing Education Unit. -- Ten
(10) CEHs.
3.14. Course of Study. -- A series of
continuing education courses, approved by the
Commissioner, required as one way to qualify
for a higher certification level.
3.15. Day. -- A standard work day of the
Bureau for Public Health, unless specified
otherwise.
3.16. Distribution System. -- Facilities
downstream of the water treatment plant used to
convey water for human consumption and which
may include storage tanks, disinfection
mechanisms, pumps, valves, hydrants, meters,
and other appurtenances.
3.17. Drinking Water. -- Water produced
by a public water system that conforms to the
requirements of the Division of Health rule,
"Public Water Systems," 64CSR3.
3.18. Experience. -- Hands-on work
performing certified operator duties at a public
water system.
3.19. Ground Water. – A source of water not
considered a surface or a ground water under the
direct influence of surface water source.
3.20. Non-Transient Non-Community
Water System. -- 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.
3.21. Operating Shift. -- That period of
time during which operator decisions that affect
public health are necessary for proper operation
of the public water system.
3.22. Operate. -- To perform the practical
work and apply the technical knowledge and
operational skills in the treatment, testing, and
distribution of drinking water.
3.23. Operator-in-Training (OIT). -- An
individual who holds a valid operator-in-training
certificate issued by the Commissioner, and who
is training under the responsibility of the chief
operator at a public water system while
completing the educational or experience
requirements to become a Class I or WD
operator.
3.24. Owner. -- The person that is legally
responsible for the operation of a public water
system.
3.25. Person. -- An individual, partnership,
association, syndicate, company, firm, trust,
corporation, government corporation, institution,
department, division, bureau, agency, federal
agency, or any other entity recognized by law.
3.26. Present. -- To be readily available to
perform tasks at the water treatment plant.
3.27. Primary Contaminant. -- Any
contaminant (other than microbiological) that
has a maximum contaminant level in accordance
with the Division of Health rule, “Public Water
Systems,” 64CSR3.
3.28. Public Water System. -- Any water
supply or system that regularly supplies or offers
to supply water for human consumption through
pipes or other constructed conveyances, if
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serving at least an average of twenty-five (25)
individuals per day for at least sixty (60) days
per year, or which has at least fifteen (15)
service connections, and shall include: (1)Any
collection, treatment, storage, and distribution
facilities under the control of the owner or
operator of the system which are used primarily
in connection with the system; and (2) Any
collection or pretreatment storage facilities not
under such control which are used primarily in
connection with the system. A public water
system does not include a system which meets
all of the following conditions: (1) Consists
only of distribution and storage facilities (and
does not have any collection and treatment
facilities); (2) Obtains all of its water from, but
is not owned or operated by a public water
system that otherwise meets the definition; (3)
Does not sell water to any person; and (4) Is not
a carrier conveying passengers in interstate
commerce.
3.29. Public Water System Operator
Certification. -- Authority the Commissioner
issues granting an individual permission to
operate a public water system in accordance
with this rule.
3.30. Radial Water Collector Well. -- A
well that has radial well screens installed to
increase the potential amount of water produced.
3.31. Surface and Ground Water Under the
Direct Influence of Surface Water. -- A source
that has been determined to be open to the
atmosphere or subject to surface water runoff.
3.32. Transient Non-Community Water
System. -- A public water system that is not a
community water system that does not regularly
serve at least twenty-five (25) of the same
persons over six (6) months per year.
3.33. WD Operator. -- A water operator
certified at the WD level that may only operate
within the water distribution system or conduct
distribution system related functions at a Class I
or higher public water system.
3.34. Water Treatment Plant. -- A facility
to process and treat water for distribution to
consumers in accordance with the Division of
Health rule, “Public Water Systems,” 64CSR3.
§64-4-4. Classification of Public Water
Systems.
4.1. A public water system is classified on
the basis of the complexity of water treatment
processes.
4.1.a. Class 1D: All transient non-
community water systems that have ground
water only as a source, and do not use gaseous
chlorine or chlorine dioxide as a means of
disinfection, and do not treat for the removal of
nitrate or nitrite, or both. Ground water sources
that use gaseous chlorine, chlorine dioxide as a
means of disinfection or have treatment for
removal of nitrate or nitrite, or both, are
considered a Class I public water system.
4.1.b. Class WD: A public water
system that obtains all of its water from another
public water system, and is not owned or
operated by the supplying public water system.
The system does not have any other source of
water other than water from the supplying public
water system. A WD system may apply chorine
for supplemental disinfection.
4.1.c. Class I: Community and non-
transient non-community public water systems
that use ground water only, serve a population of
less than 10,000 (including consecutive
connection population), and do not treat for a
primary contaminant.
4.1.d. Class II: All public water
systems that use a surface source or a ground
water under the direct influence of a surface
water source, serve a population of less than
10,000 (including consecutive connection
population), and do not have any additional
treatment units within the treatment plant for
identified primary contaminants in the source
water. Treatment installed for removal of
Cryptosporidium is considered an additional
treatment unit. Class II also includes all public
water systems that use ground water only, serve
less than 10,000 population, use at least one
radial water collector well as a source, or treat
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for at least one primary contaminant identified in
the source water, or both.
4.1.e. Class III: All public water
systems that use surface or a ground water under
the direct influence of a surface water source,
serve a population of at least 10,000 (including
consecutive connection population), and do not
have any additional treatment plant for identified
primary contaminants in the source water. Class
III also includes all public water systems that
use ground water only, serve a population of at
least 10,000 and use at least one radial water
collector well as a source.
4.1.f. Class IV: A public water system
that uses a surface or a ground water under the
direct influence of a surface water source and
serves a population of at least 20,000 (including
consecutive connection population).
§64-4-5. Required Personnel and Conditions
of Employment.
5.1. The owners of public water systems
shall:
5.1.a. Employ a Chief Operator with a
certification equal to or higher than the system
classification and an adequate number of
certified operators to operate the system;
5.1.b. Not employ more OITs than the
number of employed certified operators, unless
written permission is granted by the
Commissioner;
5.1.c. Apply to the Commissioner for
OIT Certification, on behalf of OIT applicants,
within thirty (30) days of their hire at the public
water system. Experience gained for
certification starts only upon the issued date of
the OIT certificate;
5.1.d. Notify the Commissioner within
ten (10) days, in a manner and form approved by
the Commissioner, of any employment status
changes, except termination, of the system’s
certified operators, OITs, and intended certified
operators and OITs, including their
reassignment;
5.1.e. Notify the Commissioner within
twenty-four (24) hours if a certified operator or
OIT terminates employment for any reason;
5.1.f. Renew the OIT Certification
every two (2) years or until all requirements for
Class I certification are met. Submit the renewal
application at least thirty (30) days prior to
expiration date, in a manner and form approved
by the Commissioner. The OIT shall attempt to
pass the Class I or WD examination at least once
during each two (2) year renewal;
5.1.g. Require in the case of Class II,
III, and IV public water systems, that a certified
operator with certification equal to or greater
than the system classification, be present at all
times when the plant is operational, unless the
Commissioner grants a written exception to this
requirement in response to a written request by
the owner of the public water system.
5.1.h. Require in the case of Class III
and IV public water systems, that a certified
operator with certification no lower than one (1)
class below the system classification, be present
at all times when the plant is operational.
5.1.i. Submit a personnel status report
by July 15 every year. The report is to be in a
manner and form approved by the
Commissioner and required information
includes, at a minimum: a list of all certified
operators, the operator in charge of each shift (if
applicable), the Chief Operator, and any OIT’s
currently employed; and
5.1.j. Post a copy of the current
certification of all certified operators employed
at the public water system and a copy of the
certified operators’ renewal card, if applicable,
in a conspicuous location in the water treatment
plant, or, if there is no water treatment plant, the
office of the public water system.
5.2. A certified operator shall:
5.2.a. Notify the Commissioner at least
thirty (30) days prior to voluntarily terminating
employment with a public water system in a
manner and form approved by the
Commissioner;
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5.2.b. Obtain the necessary amount of
CEHs and retain documentation of attendance
required for his or her renewal application;
5.2.c. Ensure that the renewal
applications are submitted at least thirty (30)
days before the required date and no earlier than
sixty (60) days prior to expiration, in a manner
and form approved by the Commissioner; and
5.2.d. Have the original personal
certification card issued by the Commissioner
upon his or her person at all times the operator is
operating the public water system.
5.2.e. Not work in a public water
system under the certification of another; only
the person whose name appears on the operator
certification is certified by that document.
§64-4-6. Qualifications for Certification.
6.1. Certification of a public water system
operator is based on education, a passing grade
on the applicable certification examination, and
experience as a certified operator or OIT at a
public water system. An applicant shall obtain
certification for each Class level in sequence,
except for Class 1D certification. A person with
a 1D certification shall begin with an application
for an OIT, if he or she wishes to operate in a
higher classification system.
6.1.a Operators with a current 1D
certification upon the effective date of this rule,
currently employed in a WD system or
employed in a higher classification system
performing work only in the distribution system,
may apply to the Commissioner to be
reclassified as a WD certified operator by
passing the WD certification examination and
meeting the minimum educational and
experience requirements. This provision expires
two (2) years from the effective date of this rule.
Applicants shall meet all requirements for WD
certification two (2) years after the effective date
of this rule. A WD certified operator may
operate in a WD system or make operating
decisions in the distribution system of a higher
classification system. Personnel employed in a
Class WD or higher public water system to
collect samples from the distribution system
shall hold a Class 1D or higher operator
certification.
6.2. The education and experience
requirements are listed as follows:
6.2.a. The requirements for the various
certifications are in Table 64-4A of this rule; and
6.2.b. The number of CEUs credited for
courses and operating experience, are in Table
64-4B of this rule.
6.3. Experience substitution for education is
as follows:
6.3.a. An applicant for certification in
Classes III and IV may substitute a maximum of
two (2) years prior experience as a certified
operator for the educational requirements on a
year for year basis; and
6.3.b. An applicant using experience as
a substitute for the educational requirement
cannot simultaneously use that same experience
to satisfy the experience requirement.
6.4. Education substitution for experience is
as follows:
6.4.a. An applicant for certification in
Classes II, III, and IV may substitute a
maximum of three (3) years of education beyond
high school on a year for year basis for required
experience, not to exceed fifty percent (50%) of
the total required experience; and
6.4.b. An applicant using education as a
substitution for the experience requirement
cannot simultaneously use that education to
satisfy the education requirement.
6.5. An applicant for operator certification
shall submit an application for examination in a
form and manner approved by the
Commissioner with proof of education and, if
required, separate proof of work experience.
6.6. The Commissioner shall schedule
examinations for the applicants and notify them
before the examination date. An applicant is
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required to demonstrate a passing grade of 70%
on the applicable certification examination. An
applicant who fails an examination shall wait a
minimum of sixty (60) days before applying for
re-examination. The results of certification
examinations are valid for two (2) years. If the
applicant has not met the requirements for
education, or experience, or both within those
two (2) years, the applicant must reapply for
examination.
6.7. A person newly designated by the
owner as the Chief Operator or a person working
as the only certified operator at that facility,
shall attend a course approved by the Bureau for
Public Health for training as a Chief Operator at
the next available class, unless waived in writing
by the Commissioner. Current Chief Operators
shall attend a course approved by the Bureau for
Public Health for training as a Chief Operator
within two (2) years of the effective date of this
rule. A certified operator in a system with one
(1) certified operator is automatically designated
as the Chief Operator. Attendance of the
designated course is also applicable for CEH
credit for the renewal cycle. Class 1D systems
are exempt from the requirements of this
subsection.
§64-4-7. Certification Expiration, Renewal,
Re-certification, Suspension and Revocation.
7.1. Certified operator and OIT
certifications expire two (2) years from the date
of issuance.
7.2. Applicants for renewal shall submit
documentation that they are employed by a
public water system and have successfully
completed the minimum number of CEHs. No
CEHs are required for Class 1D renewal. CEHs
cannot be repeated in two (2) concurrent renewal
periods. Operators may not carry over
additional CEHs completed during the two (2)
year period to satisfy the CEH requirements for
the next certification renewal period. The
Commissioner may grant extensions upon
written request by the applicant.
7.2.a. OIT: minimum of six (6) CEHs
required for renewal.
7.2.b. WD: minimum of six (6) CEHs
required for renewal.
7.2.c. Class I: minimum of twelve (12)
CEHs required for renewal.
7.2.d. Class II, III, and IV: minimum of
twenty-four (24) CEHs required for renewal.
7.3. The Commissioner may specify certain
courses an operator must attend in order to
qualify for renewal.
7.4. A formerly certified applicant seeking
re-certification at his or her last certification
level shall pass a certification examination at his
or her last certification level if he or she has not
been actively engaged in public water system
operations for a one (1) year period.
7.5. Suspension and Revocation of
Certification.
7.5.a. The Commissioner may suspend
or revoke the certification of an operator if the
operator:
7.5.a.1. Fraudulently obtained
certification;
7.5.a.2. Performed the duties of an
operator in a grossly negligent or incompetent
manner;
7.5.a.3. Knowingly or negligently
submitted misleading, inaccurate, or false
reports to the Commissioner;
7.5.a.4. Violated, or caused to be
violated, any portion of the Division of Health
rule, “Public Water Systems,” 64CSR3 or the
Division of Health rule, “Cross-Connection
Control and Backflow Prevention,” 64CSR15;
or
7.5.a.5. Failed to notify the
Commissioner of voluntary termination of
employment in accordance with subdivision
5.2.a. of this rule, even though the failure shall
not subject the certified operator to the penalties
of Section 10 of this rule.
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7.5.b. The Commissioner shall notify
the certified operator and the employer via
certified mail of a proposed suspension or
revocation. The notification shall set forth the
action proposed, the effective date, the reason,
and the length of time of the proposed action.
7.5.c. The suspension of an operator’s
certification is effective for an initial period of
not more than one (1) year, during which time
the certification is not valid. Revocation of an
operator’s certification is for a period of not less
than one (1) year. After the period of
ineligibility (caused by the revocation) has
expired, the formerly certified operator may
apply for examination for certification at the
former certification classification held by the
operator, and shall obtain the CEHs required for
that certification level, as if the revocation had
not occurred.
§64-4-8. Certification from Another
Jurisdiction.
8.1. The Commissioner may grant
certification to a public water system operator
certified by another jurisdiction, if the applicant:
8.1.a. Submits a completed application
in a manner and form approved by the
Commissioner;
8.1.b. Meets the educational and work
experience requirements of this rule; and
8.1.c. Passes a West Virginia
certification examination equivalent to the
certification level of the other jurisdiction, as
determined by the Commissioner.
§64-4-9. Advisory Board.
9.1. The Commissioner may establish an
advisory board and designate the chairman of
the board.
9.2. The advisory board membership shall
consist of, but not necessarily be limited to, the
following members: five (5) certified public
water system operators, with one (1) from each
classification, except 1D, and a person
designated by the Commissioner.
9.3. The Commissioner shall assign the
duties of the advisory board.
§64-4-10. Compliance and Penalties.
10.1. A person subject to the provisions of
this rule shall comply fully with them and shall
not direct or assist another person to violate this
rule.
10.2. A person who violates any provision
of this rule or any rules or orders of the Division
of Health is guilty of a misdemeanor and shall,
upon conviction, be punished by a fine of not
more than five hundred dollars ($500), as
provided under W.Va. Code §16-1-18. Each
day there is a failure to comply with a provision
of this rule may be a separate offense.
§64-4-11. Administrative Due Process.
11.1. Those persons adversely affected by
the enforcement of this rule may request a
contested case hearing in accordance with the
Division of Health rule, “Rules of Procedures
for Contested Case Hearings and Declaratory
Rulings,” 64CSR1.
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Table 64-4A
OPERATOR EDUCATION AND EXPERIENCE REQUIREMENTS FOR CERTIFICATION
CLASS EDUCATION REQUIRED EXPERIENCE REQUIRED
ID Eighth Grade and attendance at a one (1) day
class administered by the Bureau for Public
Health.
No experience required.
OIT High School diploma or GED.**** No experience required.
WD High School diploma or GED & attendance at
a course approved by the Bureau for Public
Health for WD training.
One-thousand (1,000) hours at a Class WD
or higher public water system.
I High School diploma or GED and attendance
at a course approved by the Bureau for Public
Health for Class I training and passing the
examination in accordance with subsection 6.4.
Two-thousand (2,000) hours at a public
water system.*
II High School diploma or GED & attendance at
a course approved by the Bureau for Public
Health for Class II training and passing the
examination in accordance with subsection 6.4.
Six-thousand (6,000) hours at a public
water system with at least two-thousand
(2,000) of those hours at a Class II or
higher public water system. * / ***
III High School diploma or GED and successfully
completing ninety (90) CEUs** and passing
the examination in accordance with subsection
6.4.
Ten-thousand (10,000) hours at a Class I or
higher public water system with at least
two-thousand (2,000) of those hours at a
Class II or higher public water system.*
IV High School diploma or GED and successfully
completing one hundred eighty (180) CEUs**
and passing the examination in accordance
with subsection 6.4.
Twelve-thousand (12,000) hours at a Class
I or higher public water system with at
least two-thousand (2,000) of those hours
at a Class III or higher public water
system.*
*Experience obtained exclusively in distribution, Class 1D, or Class WD shall not count for more than six hundred
(600) hours of the total experience required for Class I through IV certification.
** The required CEUs will be from a course of study pre-approved by the Commissioner.
*** Required one-thousand (1,000) hours of experience (or approved alternative) in a surface source water treatment
plant prior to being allowed to operate unsupervised in a Class II or III surface water source water treatment plant.
**** Can be waived by the Commissioner, in writing, to a minimum age of sixteen (16) and completion of the 10
th
grade. Minimum requirements are verification each semester that the student is currently attending school and
maintaining a 2.00 average on a 4.0 scale towards graduation requirements. Failure to meet the above requirements
will be grounds for revocation of the certificate.
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Table 64-4B
CEUs FOR COURSES AND OPERATING EXPERIENCE
Ten (10) Classroom Hours 1 CEU
One (1) College Semester Credit Hour 1.5 CEU
One (1) College Quarter Credit Hour 1 CEU
Any Public Water System Operator Course
sponsored by the Commissioner (no credit
issued for repeating the same course)
4 CEU
One (1) Public Water System Operators
Seminar sponsored by the Commissioner
1 CEU
*Two-thousand (2,000) hours of experience *45 CEU
*Note: All courses will be evaluated by the Commissioner and 100% credit will be awarded for
those deemed to be directly related to water treatment and distribution (examples are
mathematics, science, and business courses). If the Commissioner deems the course not directly
related, 50% credit will be awarded.
