Operator Certification Program Proposed Draft ORO/OIC Guideline. Wastewater Practitioners Group Meeting November 29, 2017

Transcription

1 Operatr Certificatin Prgram Prpsed Draft ORO/OIC Guideline Wastewater Practitiners Grup Meeting Nvember 29, 2017

2 Tday s Tpic Overall Respnsible Operatr (ORO) and Operatr-in-Charge (OIC) Updating the Guideline 2

3 Intrductin The wner r perating authrity f a drinking water subsystem r wner f a wastewater facility must designate an peratr as Overall Respnsible Operatr (ORO) t be accuntable fr the peratinal and prcess cntrls that match the requirements f the subsystem r facility. The rle f the ORO was established in O. Reg. 128/04 under the Safe Drinking Water Act and O. Reg. 129/04 under the Ontari Water Resurces Act, t ensure that the persn having respnsibility fr making peratinal prcess decisins in the subsystem r facility at all times has the required: Skills; Training; Knwledge; and experience that are apprpriate fr that type f subsystem r facility. The wner r perating authrity, r a persn authrized by the wner r perating authrity, must als designate ne r mre peratrs as peratrs-in-charge (OIC) f the subsystem/facility wh under regulatin have duties that are utlined. 3

4 Current Overall Respnsible Operatr Requirements The wner r perating authrity must designate an verall respnsible peratr (ORO) An ORO must be present r able t act An ORO must hld a certificate r licence equal t r higher than the class f the facility (fr example a Class 3 Water Treatment System must designate an ORO wh hlds a Class 3 r 4 certificate) A back-up ne class lwer than the facility may be designated fr up t 150 days in any 12-mnth perid There is n requirement t ntify the ministry f the designatin. 4

5 Cncerns raised by stakehlders cncerning qualificatins required t becme an ORO: The perating experience requirement fr certificatin was perceived as a barrier fr senir level psitins It has successin planning implicatins It limits strike/lckut cntingency planning Issues identified during stakehlder cnsultatins: Incnsistent interpretatin f the regulatin and applicatin f the ORO rle amng municipalities Prpsed slutin by assciatins and stakehlders: Stakehlder Cncerns Amend the regulatins t allw nn-perating experience t be used twards an peratrs certificate, specifically experience related t engineering r management f a water/wastewater facility OR allw nncertified persns t be the ORO. 5

6 Definitins Drinking Water verall respnsible peratr means an peratr designated as verall respnsible peratr f a subsystem under sectin 23; O.Reg.128/04 Wastewater verall respnsible peratr means an peratr r prfessinal engineer wh is designated as an verall respnsible peratr f a facility under sectin 15; O.Reg.129/04 6

7 ORO Scpe: Hw narrw? Hw brad? Degree f verall Degree f respnsibility An ORO is an peratr and it is reasnable t measure their level f verall respnsibility in terms f the peratinal rles and duties that relate t the requirements f the system r facility in which they wrk. 7

8 The Cmplexity Different classes f subsystems/facilities (Class 1, Class 2, Class 3, Class 4, Limited Systems) Different types f subsystem/facility (Water Treatment, Water Distributin/Distributin and Supply, Wastewater Treatment, Wastewater Cllectin). Varius system management and peratin mdels. Different engineering design requirements with variable peratinal requirements: Only 1 peratr required t perate ranging t 100s. Different Technlgies and equipment. 8

9 Cnsultatin T-Date Operatr Certificatin Wrking Grup has reviewed ptins arund ORO issues and established an ad hc ORO advisry grup. MOECC assessed ptins t determine if shrt term nn-regulatry measures are available with an ORO advisry grup. N cnsensus was reached as a wide variety f slutins are needed t meet the wide variety f interests. Ministry currently has a full regulatry agenda amendments t O. Reg. 128/04 and 129/04 are currently nt being prpsed. 9

10 Apprach The Ministry f the Envirnment and Climate Change is prpsing changes t Guideline 5.1 Overall Respnsible Operatr vs. Operatr-in-Charge. The new guideline: utlines the rles and respnsibilities fr OROs and OICs which are nt currently identified in Ontari Regulatins 128/04 and 129/04 r in existing guidance materials; and helps t ensure a cmmn interpretatin f the regulatins and the cnsistent applicatin f the ORO and OIC rles. The prpsed changes wuld be cnsistent with the current regulatry requirements. 10

11 Relatinship between Guidance and Regulatry Requirement Guidance is the ministry s interpretatin f the regulatry requirements it des nt replace r change regulatry requirements. Where a cnflict between the regulatins and guidance ccurs the regulatins wuld prevail. Curts wuld determine if cnflict exists. Guidance dcuments are used by the ministry in implementatin f the regulatins. Fr example, the Directr under the regulatins may base his r her certificatin decisins n guidance. Likewise enfrcement and cmpliance fficers may use guidance in their determinatin f cmpliance. 11

12 Updates t Guideline 5.1 Amendments wuld be cnsistent with existing regulatins and ther jurisdictins. Basic ORO and OIC requirements/interpretatin wuld still apply: ORO, must hld certificate/licence f the type and at least t the class f the subsystem/facility. One ORO fr each system at any given time. Back-up ORO, ne hlding a certificate ne class lwer, fr up t 150 days in any 12 mnth perid. OIC must hld a Class 1 certificate/licence f the drinking water subsystem r wastewater facility. May designated multiple OICs fr a subsystem/facility OITs cannt be designated ORO r OIC. 12

13 Guideline Clarificatin The existing guideline differentiates between the psitins f the ORO and the OIC, but des nt clarify their areas f respnsibility. The prpsed clarificatin wuld expressly utline the rles and respnsibilities fr ORO and OIC which are nt currently identified in the regulatins r the current guideline, but are cnsistent with that allwed under the regulatin. The guideline clarificatin wuld als set ut ministry benchmarks that will ver time harmnize the management practices as they apply t ORO thrugh guidance t wners and inspectin versight. 13

14 Operatinal rles Overall Respnsible Operatr: Describe a single accuntable peratr fr peratin decisins made in a subsystem/facility wh has apprpriate level f knwledge and experience as determined by class f certificatin. Operatr-In-Charge: Describe peratrs respnsible fr making prcess cntrl /system integrity decisins which may impact quality f drinking water r effluent; and Categry f peratinal decisin making respnsibility which is required t btain a Class III r IV certificate. Operatr: A persn wh cnducts peratinal checks f r wh adjusts, inspects/tests r evaluates a prcess that cntrls the effectiveness r efficiency f a drinking water system r wastewater facility r a persn wh adjusts the flw, pressure r quality f drinking water r wastewater in a distributin r cllectin system. 14

15 Added rle clarificatin: The New Guide Aims t Clarify Defines the scpe and rle f an ORO t emphasize peratinal respnsibilities fr day-t-day peratinal duties and decisin making. Clarifies and emphasizes that the ORO is an peratinal rle respnsible fr the day-t-day peratinal activities within a subsystem r facility, and nt necessarily the persn with ultimate authrity in a system. Emphasizes updated cmmunicatin and the awareness f the state f subsystem and facility fitness. Emphasizes that the ORO is nt required t be in a management r supervisry rle. Explains that the ORO is distinct frm the OIC and the rles f general peratrs nt designated as ORO r OIC, althugh all three rles may be perfrmed by the same persn. Explains that the ORO prvides peratinal directin t OIC and ther peratrs and that all three rles shuld be cnnected thrugh cmmunicatin. Prvides clarificatin what is meant when an ORO is present r able t act. 15

16 Next Steps Draft New Guideline OCWG Wrking Grup Presentatin Sept 13, 2017 ORO & OIC Subcmmittee Review Fall OCWG Wrking Grup Presentatin Jan 2018 Underway Pst Updated Guideline MOECC Legal Cnsultatin Reginal Cnference Presentatins Fall - Onging Review f Cmments Finalize TBD 16

17 17 Questins/Cmments

18 Cntact Infrmatin Ministry f the Envirnment and Climate Change Neil Chishlm neil.e.chishlm@ntari.ca 18