2.1 Designating the ORC and Back-up ORC: Forms, Deadlines & Legal Duties
Key Takeaways
- Under 15A NCAC 08G .0201 a wastewater owner must designate one ORC holding a certificate of the same type and at least the same grade as the system, plus one or more Back-up ORCs holding the same type and no more than one grade lower.
- Wastewater Operator Designation Forms are due 60 days before wastewater enters a new system, within 120 days after a classification change or a single vacancy, and within seven days when both the ORC and Back-up ORC positions are vacant.
- Drinking water owners must notify the Board in writing within 10 days of a vacancy that causes noncompliance (18D .0206(a)) and within 10 days when an ORC takes on or gives up a system (18D .0701(e)); a surface water plant vacancy must be reported within 24 hours and filled within 90 days.
- The 50-mile figure in drinking water is not a residency rule: 18D .0701(b)(8) makes written Board permission necessary before one person is ORC of any facility more than a 50-mile radius from where the operator resides.
- A wastewater Back-up ORC may act as surrogate for no more than 40 percent of the required annual visitations, or up to 120 consecutive days when the ORC position is vacant or the ORC is absent for personal or family illness.
2.1 Designating the ORC and Back-up ORC: Forms, Deadlines & Legal Duties
[!IMPORTANT] Owning a plant does not authorize operating it. G.S. 90A-29(a) obligates the owner of a water treatment facility to ensure the ORC is certified, and G.S. 90A-44 forbids an owner of a water pollution control system from letting it be operated by anyone without a valid certificate of the appropriate grade and type. The designation is a formal, signed filing — not an internal job assignment.
Wastewater designation: who and how (15A NCAC 08G .0201)
For each classification a system carries, the owner shall:
- Designate one ORC who possesses a valid certificate of the type and at least the grade of the system.
- Designate one or more Back-up ORCs who possess a valid certificate of the same type and no more than one grade less than the system's grade. The only exception: no Back-up ORC is required for systems whose minimum visitation requirement is twice per year.
- Submit a signed Operator Designation Form to the Commission (or to the local health department for subsurface systems), countersigned by the designated operators, showing the owner's name, contact information, and signature; the system name, location, permit number, type, and classification; and each operator's name, contact information, certificate type and grade, and signature.
The wastewater filing deadlines — memorize these
| Trigger | Deadline |
|---|---|
| Before wastewater or residuals are introduced into a new system | 60 days prior |
| Notification of a classification change requiring a new ORC/Back-up ORC of proper type and grade | within 120 days |
| A vacancy in the ORC or Back-up ORC position | within 120 days |
| Vacancies in both the ORC and Back-up ORC positions | within 7 days, replacing or designating one of the responsibilities |
Separately, an operator vacating an ORC or Back-up ORC position must send written notice within 14 days to the Commission and the appropriate regional office (or local health department for subsurface systems) under 08G .0204(9) and .0205(3).
Drinking water designation (15A NCAC 18D .0206 and .0701)
- Treatment facilities. Every public water system must have a certified ORC for each water treatment facility that alters the physical, chemical, or microbiological characteristics of the water, has approved plans for such alterations, or has equipment installed for them. The owner must notify the Board in writing within 10 days of a vacancy that results in noncompliance.
- Surface water staffing. An operator holding at least a Grade C-Surface certificate must be on duty on the premises whenever a surface water treatment facility is treating water. On a vacancy causing noncompliance, the owner notifies the Board within 24 hours or at the start of the next business day and must fill the position with a certified Grade C-Surface operator, or one holding a temporary Grade C-Surface certificate, within 90 days.
- Distribution and cross-connection control. Community and non-transient non-community systems need a distribution ORC whose grade equals or exceeds the distribution classification; systems with five or more testable backflow assemblies need a Cross-Connection Control ORC.
- Changes in responsibility. Under 18D .0701(e), an ORC who takes responsibility for an additional system or relinquishes a system must notify the Board in writing within 10 days. Under .0701(d), the ORC reports the names and PWSID numbers of all systems they are ORC for with the annual certification renewal.
How many systems may one drinking water ORC hold? (18D .0701(b))
Without written permission from the Board, no person shall be in responsible charge of more than any one of the following:
- one surface water treatment facility;
- five community public water systems with well water facilities;
- ten non-community public water systems with well water facilities;
- one distribution system serving over 3,300 service connections;
- five distribution systems serving over 500 and fewer than 3,300 connections;
- ten total distribution systems;
- ten total cross-connection control systems; or
- any facility located more than a 50-mile radius from where the operator resides.
Nor may anyone be ORC of a combination of these facility types without written Board permission. A request must document that the facilities will be managed in compliance with 15A NCAC 18C.
[!WARNING] Trap — the ‘50-mile rule.’ It is not a prohibition on living far away and it is not a response-time standard. It is one of the eight limits in 18D .0701(b) that require written Board permission before an operator serves as ORC of a facility outside a 50-mile radius of their residence.
Duties the ORC personally carries
Wastewater (08G .0204). The ORC must hold the proper certificate; visit the system at the required frequency; operate and maintain the system and attempt to ensure permit compliance; certify by signature the validity of all monitoring and reporting information and give the owner a copy; document operation, maintenance, and all visitation in a log maintained at the system; notify the owner within 24 hours and in writing within five days of first knowledge of any overflow, bypass, or permit violation; notify the owner in writing of needed repairs and modifications; be available on an on-call basis for in-person interactions with the owner, regulators, and emergencies, and to provide facility access; and give written notice within 14 days of vacating the position.
Drinking water (18D .0701). The ORC manages daily operation and maintenance; must establish standard operating procedures for each facility so that decisions affecting water quality or quantity are carried out and uncertified staff refer public-health decisions to a certified operator; must be available for consultation on the premises in an emergency, equipment malfunction, or breakdown; and may designate a temporary ORC holding a certification equal to or exceeding the system's classification when it is impossible to be on the premises — notifying the Board of any temporary designation lasting longer than 14 days.
The Back-up ORC's surrogate authority (08G .0205)
A Back-up ORC holding a valid certificate of the appropriate type and grade may act as surrogate for the ORC:
- for a period not to exceed 40 percent of the system visitations required per calendar year under .0204(2); or
- for not more than 120 consecutive days when the ORC is absent due to a vacancy in the ORC position or personal or familial illness.
While acting as surrogate, the Back-up ORC must fulfill all of the ORC duties in .0204.
Who may not be designated
- A drinking water Apprentice "shall not act as a certified operator or an Operator in Responsible Charge for a facility" (18D .0201(13)).
- A wastewater Operator in Training "must not be designated as the Operator in Responsible Charge (ORC) or Back-up Operator In Responsible Charge" (08G .0408(c)).
- An operator whose certificate has expired or become invalid holds no valid certificate and therefore cannot serve in either role.
Penalties for operating without a certified ORC
| Program | Authority | Exposure |
|---|---|---|
| Drinking water | G.S. 90A-30 | Administrative civil penalty of not more than $100 per day, each day a separate violation; the statute states this is the only civil or criminal penalty for failing to have a certified ORC |
| Wastewater | G.S. 143-215.6A | Civil penalties up to $25,000 per day for violations of Article 21, including permit violations; criminal penalties under G.S. 143-215.6B; injunctive relief under G.S. 143-215.6C |
| Either | G.S. 90A-26 / 90A-41 | Reprimand, suspension, or revocation of the individual operator's certificate |
Contract operations firms do not escape these duties: G.S. 90A-45 requires a commercial wastewater operating firm to designate a certified employee as ORC, and G.S. 90A-31 does the same for commercial water treatment operation firms.
Both the ORC and the Back-up ORC positions at a Grade III biological plant become vacant on the same day. Under 15A NCAC 08G .0201, when must the owner submit a designation form?
What does the 50-mile figure in 15A NCAC 18D .0701(b) actually establish?
A wastewater ORC will be out on medical leave. Under 15A NCAC 08G .0205, for how long may the designated Back-up ORC act as surrogate?