(a) Water systems which will be required to have an operator for the first time because of the requirements of this Subpart dated February 5, 2001, may be granted a transition period to continue to retain their currently employed operators in responsible charge through grandparenting. Grandparenting will be based on factors such as system compliance history, operator experience and knowledge, system complexity, and level of treatment.

(b) Grandparenting is permitted only to existing operator(s) in responsible charge of existing systems. Operators that are New York State Department of Health certified before February 5, 2001 will retain his/her certification as originally granted.

(c) The system owner must apply for grandparenting for the operator(s) in responsible charge within two years of the effective date of this regulation or by February 5, 2003. Applications must be submitted to the department on forms prescribed by the department. Applications will be approved based on system compliance history, operator experience and knowledge, system complexity, and level of treatment. Upon approval, the operator in responsible charge will be grandparented.

(d) The certification for grandparented operators will be site-specific and nontransferable to other operators.

(e) Each grandparented operator must meet the renewal requirements outlined in section 5–4.8 of this Subpart no later than three years after his/her effective date of certification for grandparenting.

(f) The certification for a grandparented operator will no longer be valid if the classification of the plant or distribution system changes to a higher level.

(g) Grandparented operators that choose to work for a different water system must meet the initial certification requirements for that system.