Water and Wastewater Facility Operators Regulation

Water and Wastewater Facility Operators Regulation, M.R. 77/2003 The Environment Act , C.C.S.M. c. E125 Regulation 77/2003 Registered April 22, 2003 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions 1.1 Interpretation: "continuing education unit" CLASSIFICATION OF FACILITIES 2 Classification of facilities 3 Definitions of "existing facility" and "new facility" 4 Prohibition on operating unclassified facility 5 Classification process 6 Deemed classification of certain facilities 7 Classification certificate to be displayed 8 Repealed 9 Reclassification on renewal or otherwise 10 Alterations, expansions, etc. CERTIFICATION ADVISORY COMMITTEE 11 Certification advisory committee CERTIFICATION OF OPERATORS 12 Classes of certificates 13 Obtaining operator's certificate 14 Person entitled to operator's certificate 15 Examinations 16 Term of operator's certificate 17 Renewal of certificates 18 Reissuing expired certificates 19 Conditional operators' certificates 20 Person authorized in another jurisdiction 21 Suspension or cancellation of certificates 22 Repealed OPERATING REQUIREMENTS 23 Operators must be certified 24 Facility owner must file table of organization 25 Operators' certificates to be prominently displayed 26 Operator-in-charge 27 Supervising operator of field crew 28 Exemption re strike 29 Access to emergency response plan, etc. 30 In-service training 31 Record of operator-in-charge 32 Responsibilities of operator-in-charge 33 Operating records 34 Inspections TRANSITIONAL PROVISIONS AND COMING INTO FORCE 35 Repealed 35.1 Transitional period re certain contraventions 36 Coming into force Schedule A Facility classification criteria B Qualifications C Fees DEFINITIONS Definitions 1 In this regulation, "Act" means The Environment Act ; («  Loi  ») "applicable fee" means the applicable fee set out in Schedule C; (« droit exigible ») "Bachelor of Science graduate" means a graduate of a science program from an accredited university; (« bachelier ès sciences ») "certified engineering technologist" means a certified engineering technologist as defined in The Certified Applied Science Technologists Act ; (« technologue agréé en ingénierie ») "commercial premises" means premises that are not private residences, but does not include (a) schools and day care centres, (b) hospitals, personal care homes and residential care facilities, (c) trailer and mobile home parks, (d) recreational camps and campgrounds, (e) recreational centres and arenas, (f) hotels, resorts, lodges, hostels, and bed and breakfasts, (g) apartment buildings,  (h) restaurants and other food handling establishments, (i) community drinking water loading stations, and (j) any premises that the director designates as being excluded from commercial premises; (« établissement commercial ») "director" means the director to whom the minister assigns responsibility for this regulation; (« directeur ») "domestic purposes" , in relation to water, means the use of water for drinking, washing dishes or food handling, or the supply of water to drinking fountains, kitchen sinks, washbasins, baths or showers; (« fins domestiques ») "drinking water officer" means a drinking water officer appointed under The Drinking Water Safety Act ; (« agent du Service de l'eau potable ») "facility" means a wastewater collection facility, wastewater treatment facility, water distribution facility or water treatment facility; (« installation ») "operator" means a person (a) who adjusts, inspects or evaluates a process that controls the effectiveness or efficiency of a water treatment or wastewater treatment facility, (b) who adjusts or directs the flow, pressure or quality of the water within a water distribution facility, or (c) who adjusts or directs the flow, pressure or quality of the wastewater within a wastewater collection facility; (« exploitant ») "operator-in-charge" means an operator who (a) has responsibility for the overall operation of a facility, (b) sets operational parameters for a facility or for a process that controls the effectiveness or efficiency of a facility, or (c) directs or supervises operators in a facility; (« exploitant en chef ») "operator-in-training" means an operator who has not acquired the necessary experience, attained the required academic achievement or passed the required examination to qualify for an operator's certificate; (« apprenti exploitant ») "private wastewater system" means (a) a wastewater system that receives domestic wastewater from only one private residence, and (b) a facility that, despite receiving domestic wastewater from a commercial premises or from more than one private residence, the director designates as a private wastewater system under subsection 2(4); (« dispositif privé d'évacuation des eaux ») "private water system" means (a) a water system that supplies potable water for domestic purposes to only one private residence, and (b) a facility that, despite supplying potable water for domestic purposes to a commercial premises or to more than one private residence, the director designates as a private water system under subsection 2(3); (« réseau privé d'alimentation en eau ») "professional engineer" means a professional engineer as defined in The Engineering and Geoscientific Professions Act ; (« ingénieur ») "public health inspector" means a public health inspector appointed under The Public Health Act ; (« inspecteur d'hygiène publique ») "wastewater collection facility" means a sewer and pumping system used for the collection and conveyance of domestic, commercial or industrial wastewater, but does not include (a) the wastewater treatment facility to which the collection facility conveys wastewater for treatment, or (b) a private wastewater system; (« installation de collecte des eaux usées ») "wastewater treatment facility" means a facility for the treatment or disposal of domestic, commercial or industrial wastewater or of sludge, and includes the land on which the facility is located and the structures, systems, devices and equipment comprising the facility, but does not include a wastewater collection facility or private wastewater system; (« installation de traitement des eaux usées ») "water distribution facility" means the part of a water works that supplies or distributes potable water, but does not include (a) the part of the water works that produces potable water or collects or treats water to make it potable, or (b) a private water system; (« installation de distribution d'eau ») "water treatment facility" means the part of a water works that produces potable water or collects or treats water to make it potable, but does not include (a) the part of the water works that supplies or distributes potable water, or (b) a private water system; (« installation de traitement d'eau ») "water works" means equipment or devices used for the production and supply of potable water, or the collection of water to make it potable, and includes a structure in which they are located or from which they are operated or controlled. (« ouvrages d'adduction d'eau ») M.R. 162/2005 ; 209/2015 Interpretation: "continuing education unit" 1.1(1) For the purpose of this regulation, a person obtains one continuing education unit if he or she completes 10 contact-hours. 1.1(2) In subsection (1), "contact-hour" means one hour of two-way communication and interaction between a learner and instructor that occurs as part of participation in an organized continuing education experience that is recognized by the director. M.R. 209/2015 CLASSIFICATION OF FACILITIES Classification of facilities 2(1) For the purposes of this regulation, water and wastewater facilities are categorized into the following categories: (a) water distribution facilities; (b) water treatment facilities; (c) wastewater collection facilities; (d) wastewater treatment facilities. 2(2) Within each category set out in subsection (1), facilities are classified into the following classes on the basis of the criteria set out in Schedule A: (a) small system; (b) class 1; (c) class 2; (d) class 3; (e) class 4. 2(3) After a request from the owner of a facility that supplies potable water for domestic purposes to a commercial premises or to more than one private residence, the director may designate the system as a private water system. 2(4) After a request from the owner of a facility that receives domestic wastewater from a commercial premises or from more than one private residence, the director may designate the system as a private wastewater system. 2(5) The director may make a designation under subsection (3) or (4) if (a) the facility's designed maximum daily capacity is less than 10,000 L; and (b) the director considers that the circumstances in which the designation is requested are of such a special and unusual character that it is not in the public interest to refuse to make the designation. 2(6) For the purposes of the definition "commercial premises" in section 1, the director may designate a premises or class of premises as being excluded from the definition. Definitions of "existing facility" and "new facility" 3 In this section and in sections 4 and 5, "existing facility" means a facility that starts operating before September 1, 2003 and is in continuous regular operation until its owner applies for classification under this section or is required to apply under clause 5(1)⁠(a), whichever occurs earlier; (« installation existante ») "new facility" means a facility that is not an existing facility. (« nouvelle installation ») Prohibition on operating unclassified facility 4(1) Subject to section 6, no person shall operate, or allow the operation of, a facility which does not have a current classification certificate issued under section 5. 4(2) No person shall be charged under section 31 of the Act for contravening subsection (1) in respect of an existing facility unless the contravention is committed more than 90 days after the day on which the person is required by subsection 5(1) to apply for classification of the facility. Classification process 5(1) Subject to section 6, the owner of a facility who wishes to have the facility classified shall (a) if the facility is in operation on or before December 31, 2005, make an application to the director on or before January 3, 2006; or (b) if the facility is in operation on or after January 1, 2006, make an application to the director before the facility starts operating. 5(2) The application must be in a form acceptable to the director and include or be accompanied by the information the director requires. 5(3) The director may require the owner to provide any further information that the director considers to be necessary. 5(4) Once he or she has received a satisfactory application and all the required information, the director shall categorize and classify the facility, and issue a classification certificate to the owner. 5(5) The director may refuse to issue a classification certificate if the application does not meet the requirements of this section or if the owner fails to provide the director with information that he or she requires. 5(6) [Repealed] M.R. 209/2015 M.R. 162/2005 ; 209/2015 Deemed classification of certain facilities 6(1) A facility that was classified before May 1, 2004 under the Manitoba Water and Wastewater Association Voluntary Certification Program will be deemed to have been categorized and classified in the corresponding facility category and class under this regulation for a three-year period after that date. This is subject to the facility's owner providing the director with copies of the original completed classification application form and the certificate of classification on or before that date. 6(2) The owner of such a facility does not have to file an application under section 5 if he or she complies with subsection (1). In such a case, the facility will be deemed to have a current classification certificate for the purposes of subsection 4(1) for the three-year period mentioned in subsection (1). 6(3) Subsection (1) does not apply to a facility unless its owner requested that the facility be certified under the Manitoba Water and Wastewater Association Voluntary Certification Program before June 13, 2003. M.R. 162/2005 Classification certificate to be displayed 7 The owner of a facility shall ensure that the facility's classification certificate is conspicuously displayed at the facility or, if that is not practicable, at the premises from which the facility's operations are managed. 8 [Repealed] M.R. 209/2015 Reclassification on renewal or otherwise 9(1) The director may recategorize or reclassify a facility if he or she believes that the facility's existing categorization or classification is incorrect (a) [repealed] M.R. 209/2015 ; (b) on the basis of information that he or she becomes aware of at any time. 9(2) The director may recategorize or reclassify a facility if this regulation is amended in such a manner that the facility's categorization or classification at the time no longer complies with this regulation's requirements. 9(3) and (4) [Repealed] M.R. 209/2015 M.R. 209/2015 Alterations, expansions, etc. 10(1) If the owner of a facility that has been categorized and classified under this regulation, or that has been deemed to have been categorized and classified, intends to alter or expand it and the alteration or expansion will or may affect any of the items in Schedule A by which the facility may be rated, the owner must apply for a recategorization or reclassification of the facility before proceeding with the alteration or expansion. 10(2) Subsections 5(2) to (5) apply with necessary changes to applications for recategorization or reclassification under this section. M.R. 209/2015 CERTIFICATION ADVISORY COMMITTEE Certification advisory committee 11(1) Where the minister appoints a certification advisory committee under section 5 of the Act, (a) the committee shall (i) consist of at least three but not more than seven persons who, in the minister's opinion, have experience with the regulation, management or operation of water or wastewater facilities, and (ii) among those persons, have representation from operators, owners and regulatory agencies; (b) the minister shall appoint a committee chair from among the committee's members; (c) the members of the committee shall be appointed for three-year terms, and the terms shall be staggered; and (d) the committee shall meet quarterly and at the call of the chair, to provide the minister with its advice and assistance on the following items: (i) applications for certification, (ii) applications for certification renewal, (iii) evaluation of specific training or education programs or courses with respect to the certification of operators, (iv) administration of this regulation as it relates to the certification of operators. 11(2) The minister may direct the committee to provide the advice and assistance referred to in clause (1)⁠(d) to the director. CERTIFICATION OF OPERATORS Classes of certificates 12 For each category of facility, there shall be six classes of operator's certificate: (a) operator-in-training; (b) small system; (c) class 1; (d) class 2; (e) class 3; (f) class 4. Obtaining operator's certificate 13(1) To obtain a class of operator's certificate for a category of facility, a person must (a) apply in a form acceptable to the director; (b) pay the applicable fee; (c) subject to subsection (2), demonstrate to the satisfaction of the director that he or she meets the requirements for the class of certificate, as set out in Schedule B; and (d) provide any additional information requested by the director. 13(2) A person is not eligible to apply for an operator's certificate unless he or she has completed the relevant certification examination — as specified in Schedule B — within three years of the date he or she makes the application. 13(3) For certainty, an applicant for an operator-in-training certificate is eligible to receive such a certificate before he or she has completed the relevant certification examination. M.R. 162/2005 ; 209/2015 Person entitled to operator's certificate 14(1) A person who complies with section 13 is entitled to the operator's certificate sought if he or she meets the requirements for that certificate. 14(2) Despite subsection (1), the director may refuse to issue an operator's certificate to an applicant if, given the past or present conduct of the applicant, the director is reasonably satisfied the applicant will not carry out the activities authorized by the certificate with integrity, honesty and in the public interest. M.R. 162/2005 ; 209/2015 Examinations 15(1) To write an examination, a person must pay the applicable fee and meet one of the following eligibility criteria: (a) have completed all other certification requirements, as set out in Schedule B; (b) be an operator-in-training; (c) be enrolled in an education or training program in water or wastewater works operations, engineering, science or a related field. 15(2) A person who fails to obtain at least the required 70% on a certification exam, as required by subsection 3(2) of Schedule B, may apply to re-write it and may re-write it if at least four months have passed since the person took the examination 15(3) A person who fails to obtain the required mark on three or more successive attempts may not re-write the examination again unless he or she first complete the training required by the director. M.R. 162/2005 ; 209/2015 Term of operator's certificate 16(1) An operator's certificate expires five years after it is issued. A person's operating certificate may be renewed under section 17 or reissued under section 18. 16(2) Despite subsection (1), an operator-in-training certificate is not renewable. 16(3) Despite subsection (1), an operator's certificate that is valid on the day this subsection comes into force and that, under subsection (1), would expire before March 31, 2021, expires on March 31, 2021. M.R. 209/2015 ; 87/2020 Renewal of certificates 17(1) A person who wishes to renew his or her operator's certificate must do the following at least 60 days before his or her certificate expires: (a) apply in a form acceptable to the director; (b) pay the applicable fee; (c) demonstrate to the satisfaction of the director that he or she has completed the following continuing education units for each year the person held the certificate being renewed: (i) 0.6 units, in the case of a small system operator certificate, (ii) 1.2 units, in the case of a Class 1 to 4 operator certificate; (d) provide  any additional information requested by the director. 17(2) A person who fails to apply for renewal under subsection (1) at least 60 days before his or her certificate expires is eligible to have the certificate re-issued under section 18. M.R. 209/2015 Reissuing expired certificates 18(1) A person who fails to apply for renewal of his or her operator's certificate before it expires may apply to have it reissued. 18(2) A person is eligible to have his or her certificate reissued if he or she pays the applicable fee and provides the following: (a) if the person's certificate has been expired for three years or less, evidence acceptable to the director that he or she (i) is employed as an operator at the time of making the application, and (ii) has completed 3 continuing education units for a small system operator certificate, or 6 continuing education units for a Class 1 to 4 operator certificate, in the five years preceding the day on which the application is made; or (b) if the person's certificate has been expired for more than three years, evidence acceptable to the director that he or she (i) has obtain at least the required 70% on a relevant certification exam — as specified in Schedule B — within three years of the date he or she makes the application, and (ii) meets all other qualifications set out in Schedule B for the class of certificate. M.R. 162/2005 ; 209/2015 Conditional operators' certificates 19(1) The director may issue a conditional operator's certificate to a person if (a) the person (i) applies in the form acceptable to the director, (ii) pays the applicable fee, and (iii) provides any information requested by the director; and (b) the owner of the facility in which the person will work (i) makes a request in writing to the director that the certificate be issued to the person, and (ii) provides any information requested by the director. 19(2) The director may, as an exception, issue a conditional operator's certificate to a person who does not meet the requirements for that certificate if satisfied that the work to be done by the person, and the circumstances in which the person will be working, are of such a character that it is not in the public interest to refuse to issue the certificate. 19(3) A conditional operator's certificate (a) authorizes the holder to operate the facility in respect of which it is issued, but no other facility; and (b) is subject to any terms and conditions imposed by the director on that certificate. 19(4) The holder of a conditional operator's certificate must comply with the terms and conditions of his or her conditional operator's certificate. 19(5) A conditional operator's certificate is valid for the period set out in the certificate, which must not exceed five years, and may be renewed in accordance with this section. 19(6) Despite subsection (5), a conditional operator's certificate that is valid on the day this subsection comes into force and that, under subsection (5), would expire before March 31, 2021, expires on March 31, 2021. M.R. 209/2015 ; 87/2020 Person authorized in another jurisdiction 20(1) Despite any other provision of this regulation, a person is entitled to an operator's certificate if the person (a) applies in a form acceptable to the director; (b) pays the applicable fee; (c) holds a certificate, registration, licence or other form of official recognition issued by a regulatory authority in another jurisdiction that, in the director's opinion, authorizes the person to operate a facility that is substantially the same as the holder of that type of certificate issued under this regulation is authorized to operate; and (d) provides evidence satisfactory to the director that the certificate, registration, licence or other form of official recognition referred to in clause (c) is in good standing with the issuing regulatory authority. 20(2) A certificate issued under subsection (1) (a) is deemed to have been issued on the same day that the person's certificate issued by the other jurisdiction was issued; and (b) expires on the same day that the person's certificate issued by the other jurisdiction expires. 20(3) Despite clause (2)⁠(b), a certificate issued under subsection (1) that is valid on the day this subsection comes into force and that, under clause (2)⁠(b), would expire before March 31, 2021, expires on March 31, 2021. M.R. 209/2015 ; 87/2020 Suspension or cancellation of certificates 21(1) The director may suspend a person's operator's certificate or conditional operator's certificate, or without first suspending the certificate may cancel it, for any of the following reasons: (a) the certificate was obtained by fraud or deceit or on the basis of an application containing or accompanied by inaccurate information; (b) [repealed] M.R. 209/2015 ; (c) the person has been discharged from employment in a facility for gross negligence or for incompetence in the performance of the duties of his or her position, unless the person has not exhausted any rights of appeal available under a collective agreement; (d) the person has (i) failed to follow specific instructions given by the operator-in-charge, or (ii) contravened section 32 or subsection 33(2), (3), (4), (5) or (7) and the contravention has (A) resulted in the discharge of a pollutant into the environment that is not authorized under the facility's environmental licence, if any, (B) had a potential adverse effect on the health or safety of an individual, or (C) had an adverse effect on a process in the facility; (e) the person has contravened another provision of this regulation or failed to comply with another requirement of it. 21(2) Without limiting the generality of subsection (1), the director may suspend a certificate for a period of up to six months and may impose any conditions on the suspension that he or she considers to be appropriate. 21(3) If the holder of an operator's certificate or conditional operator's certificate that is suspended with conditions fails to comply with the conditions, the director may cancel the certificate. 21(4) The director must provide written notice of a suspension or cancellation and details of the reasons for it. 21(5) The holder of an operator's certificate or conditional operator's certificate that is suspended or cancelled shall without delay after being notified about the suspension or cancellation return the certificate to the director. 21(6) If a person's operator's certificate or conditional operator's certificate is suspended or cancelled under subsection (1), the director may issue a certificate of another category or class to the person if the person meets the qualifications set out in Schedule B for that category and class of certificate. M.R. 209/2015 22 [Repealed] M.R. 209/2015 OPERATING REQUIREMENTS Operators must be certified 23(1) Subject to subsection (2), the owner of a facility shall ensure that every operator employed in the facility, or under contract to operate it in whole or in part, holds an operator's certificate issued under this regulation or is deemed to hold an operator's certificate. 23(2) Subsection (1) does not apply in respect of an operator (a) who is a professional engineer, a Bachelor of Science graduate or a certified engineering technologist; (b) who has taken academic courses approved by the director relating to his or her function at a facility; and (c) who is employed in the facility, or under contract in respect of it, for not more than six months in any 12-month period. 23(3) Despite clause (2)⁠(c), the director may, on the request of the owner of a facility, increase the number of months in a 12-month period that an operator referred to in subsection (2) may be employed in or under contract in respect of a facility. Facility owner must file table of organization 24(1) Before commencing operations at a facility, the owner of the facility must prepare a table of organization that is acceptable to the director and file it with the director. 24(2) If a facility is in operation on or before January 3, 2006, the owner must file the table of organization within 90 days of that day. 24(3) [Repealed] M.R. 209/2015 24(4) The owner must, without delay, notify the director of any change in the table of organization and file an acceptable updated table of organization with the director. M.R. 162/2005 ; 209/2015 Operators' certificates to be prominently displayed 25(1) The owner of a facility shall ensure that a copy of the operator's certificate of every operator who is employed in or under contract in respect of the facility is prominently displayed at the facility or at the premises from which the facility's operations are managed. 25(2) and (3) [Repealed] M.R. 209/2015 M.R. 162/2005 ; 209/2015 Operator-in-charge 26(1) The owner of a facility shall ensure that an operator-in-charge is responsible for the overall operation of the facility at all times. 26(2) For the purposes of subsection (1), the owner of a facility must designate the operator-in-charge for each shift of the facility's daily operation. A written record of the designated operators-in-charge must be available for inspection at the facility at all times while it is in operation. 26(3) An operator-in-charge may not be an operator-in-training and must (a) hold an operator's certificate that is (i) for the category of facility, (ii) of the same class as, or higher than, the class of the facility, and (iii) not suspended; or (b) be an operator referred to in subsection 23(2). 26(4) If no operator with the qualifications required by clause (3)⁠(a) or (b) is available or able to assume responsibility for the overall operation of the facility, it may be operated, on an interim basis, by an operator who (a) is not an operator-in-training; and (b) holds an operator's certificate that is (i) for the category of facility, (ii) not more than one class lower than the class of facility, and (iii) not suspended. 26(5) The owner of a facility shall not rely on subsection (4) for more than 45 consecutive days or 150 days in any 12-month period. 26(6) The owner of the facility shall notify the director without delay if he or she relies on subsection (4) for a period of more than 35 consecutive days. M.R. 52/2007 Supervising operator of field crew 27 The owner of a water distribution or wastewater collection facility, classified as a class 2 facility or higher, shall ensure that all field crews have a supervising operator, who holds a class 2 or higher operator's certificate for the category of facility, at all times at an active work site. Exemption re strike 28 In the event of a strike involving operators employed in a facility, the minister may, at the request of the facility's owner, exempt the owner from the operation of any of sections 23, 26 and 27 for the duration of the strike if the minister is satisfied that the facility will be operated without significant risk to human health or the natural environment. Access to emergency response plan, etc. 29(1) The owner of a facility shall ensure that the facility (a) has a documented emergency response plan acceptable to the director; and (b) has comprehensive operations and maintenance manuals for the facility and all of its systems and equipment that contain plans, drawings and process descriptions that are sufficient for the safe and efficient operation of the facility. 29(2) The owner shall also ensure (a) that the plan and manuals are reviewed and updated at least once every two years and at any other time that the director may require; and (b) that all the facility's operators and maintenance personnel have ready access to the plan and manuals at all times. M.R. 209/2015 In-service training 30(1) The director may establish requirements for in-service training for operators, including but not limited to, the number of hours of training that an operator must take in a given period, the subject areas that the training must cover, and the nature and extent of the training. 30(2) Before exercising the powers set out in subsection (1), the director must consult with the certification advisory committee, if one has been appointed. 30(3) In exercising the powers set out in subsection (1), the director may designate training courses offered by third parties as acceptable in-service training. 30(4) The owner of a facility must ensure that each of the facility's operators receives in-service training that meets the requirements established by the director. 30(5) An operator must take in-service training that meets the requirements established by the director. 30(6) The owner of a facility must ensure that records, acceptable to the director, are maintained of the in-service training received by operators under this section, including but not limited to, the names and positions of operators who attend in-service training sessions, the duration of each in-service training session and the subjects considered at each in-service training session. 30(7) The owner of a facility must retain the records required under subsection (6) at the facility, and must ensure the records are retained for at least five years. The owner must submit copies or summaries of the records when requested to do so by the director. M.R. 209/2015 Record of operator-in-charge 31 The owner of a facility shall ensure that records, acceptable to the director, are maintained of the operators in charge of the facility at all times and the amount of time each operator works as an operator-in-charge. Responsibilities of operator-in-charge 32 An operator-in-charge shall (a) take all steps reasonably necessary to operate the facility within his or her responsibility in a safe and efficient manner in accordance with the relevant operations manuals; (b) ensure that the processes within his or her responsibility are measured, monitored, sampled and tested in a manner that permits them to be adjusted when necessary; (c) ensure that records, acceptable to the director, are maintained of all adjustments made to the processes within his or her responsibility; and (d) ensure that all equipment used in the processes within his or her responsibility is properly monitored, inspected and evaluated and that records, acceptable to the director, of equipment operating status are prepared and available at the end of every operating shift. Operating records 33(1) The owner of a facility shall ensure that logs or other record-keeping mechanisms, acceptable to the director, are provided to record information concerning the operation of the facility. 33(2) No person shall make an entry in a log or other record-keeping mechanism unless the person is an operator-in-charge or is authorized to make the entry by the owner or an operator-in-charge. 33(3) A person who makes an entry in a log or other record-keeping mechanism shall make the entry in chronological order in relation to the other entries in it. 33(4) A person who makes an entry in a log or other record-keeping mechanism shall do so in a manner that unambiguously identifies the person as the maker of the entry. 33(5) An operator-in-charge or a person authorized by an operator-in-charge shall record the following information in the logs or other record-keeping mechanisms in respect of each operating shift: (a) the date, time period and number or designation of the shift; (b) the names of all operators on duty during the shift; (c) details of any departures from normal operating procedures that occurred during the shift and the time they occurred; (d) any special instructions that were given during the shift to depart from normal operating procedures and the name of the person who gave the instructions; (e) any unusual or abnormal conditions that were observed in the facility during the shift, any action that was taken and any conclusions drawn from the observations; (f) details of any equipment that was taken out of service or ceased to operate during the shift and any action taken to maintain or repair equipment during the shift. 33(6) The owner shall ensure that logs and other record-keeping mechanisms are accessible in the facility for at least two years after the last entry. 33(7) No person shall remove an entry or a portion of an entry from a log or other record-keeping mechanism. Inspections 34(1) To determine compliance with the Act and regulations under the Act, the director, an environment officer, a public health inspector or a drinking water officer may, at any reasonable time, enter and inspect a facility and its equipment and the owner's records relating to its operation. 34(2) For the purposes of subsection (1), the owner of the facility must allow the director, environment officer, public health inspector or drinking water officer entry into the facility and access to all parts of it, to its equipment and to the records. M.R. 162/2005 TRANSITIONAL PROVISIONS AND COMING INTO FORCE 35 [Repealed] M.R. 162/2005 ; 52/2007 Transitional period re certain contraventions 35.1 Despite subsection 23(1) and sections 25 to 27, a person who contravenes any of those provisions does not commit an offence and shall not be charged with committing an offence unless the contravention occurs on or after May 1, 2007. M.R. 52/2007 Coming into force — certain provisions on June 1, 2003 36(1) This regulation, except sections 4, 5, 13 to 16, 19, 23 to 27, 29 and 31 to 34, comes into force on June 1, 2003. Coming into force — certain provisions on September 1, 2003 36(2) Sections 4, 5, 13 to 16, 19, 23 to 27, 29 and 31 to 34 come into force on September 1, 2003. SCHEDULE A (Section 2) FACILITY CLASSIFICATION CRITERIA PART 1 WATER DISTRIBUTION FACILITIES SCHEDULE B (Sections 13, 15 and 18) QUALIFICATIONS SCHEDULE C (Section 2) FEES Fee for operators' certificates 1(1) Subject to subsection (2), the fee for an application for an operator's certificate, or a conditional operator's certificate, of any category and class is $100. 1(2) The fee for an application for an operator's certificate to be issued under section 20 (person authorized in another jurisdiction) is $75. M.R. 209/2015 Fee for examination 2 The fee to register to write an operator's certification examination of any category and class is $150. M.R. 209/2015 Fee for renewal or a certificate being reissued 3 The fee for renewing an operator's certificate of any category and class, or for reissuing such a certificate, is $75. M.R. 209/2015 Fee for replacement 4 The fee for replacing an operator's certificate of any category and class is $50. M.R. 162/2015 ; 209/2015