Death to the Phrase “Silent Sentinels”

Patrick “Murf” Murphy President, FWPCOA

orry Poteet! You were the first person I ever heard use the term “silent sentinels” and I give you credit for coining it. When I heard this, I was amazed by what I considered the accuracy of the definition of most operators, who more frequently and for many moons have been called “unsung heroes.”

While police officers, firefighters, medical professionals, and teachers are routinely praised for their value in the public-service sector, the skilled workers who provide clean drinking water, treat wastewater, and stand guard and keep watch often go unnoticed in the public eye until there’s a problem—and then the media have a field day with the negative stories!

This reminds me of the old movie, “Sergeant York,” with Gary Cooper. We are the turkeys, and as long as we keep our heads down below the log, we won’t get shot by a sharpshooter.

House Bill (HB) 23: Water and Wastewater Facility Operator Licensing Reciprocity

This bill (it can be viewed at the link www.flsenate.gov/Session/ Bill/2023/23/?Tab=BillText) is an effort by a group that I’m sure has good intentions, but I’m just as sure it will not meet the expected goals. If this is being proposed to address the current Boomer workforce retirement, also known as the “Silver Tsunami” and the “Great Resignation,” saying that the operator shortage (when it’s no different than any other industry across the United States) is going to be resolved by handing out operator licenses by reciprocity to anyone from another state, I beg for some of your thoughts about why and how this bill will do anything different than what is already being done by the Florida Department of Environmental Protection (FDEP) operator certification program (OCP). I suggest that this attempt to expand the labor pool will do nothing to increase wages for the dedicated operators in the state of Florida.

The current process of the OCP is profoundly appropriate in addressing the health and safety of the citizens of Florida, and doesn’t cheapen the licensed operator pool for a warm body for staffing purposes. Simply put, if operators come to Florida, show FDEP their credentials, and pass the Florida test, they get the equivalent license that they are wanting reciprocity for; if they can’t pass the test, there is a reason for that, and they shouldn’t be handed a license.

No one should be licensed to operate a water plant, wastewater plant, or water distribution facility in Florida without first having demonstrated training and experience acceptable to FDEP and passing a Florida operator licensing exam. I say the differences between states are significant enough that we must not go backwards in trying to maintain trained and qualified operators.

Florida is the nation’s leader in reclaimed water production, and operators from other states are not studying Florida Statutes or Florida Administrative Codes (F.A.C.s) for their licenses; some states don’t even require continuing education units (CEUs) for license renewals. I know and have worked with some amazing operators from other states; they came here and they passed the Florida test(s). I also have worked with some who came here with A licenses, but didn’t know anything more than the one process that they worked from; hence, I wouldn’t trust them with a broom or to be a honey dipper.

The type of reciprocity that they want would give them the ability to be put in a position as a chief plant operator with no practical and meaningful way of measuring their competency for that position. Is that what we want? As a superintendent, utilities director or owner, city manager, or even as an operator, do you want to be supervised by someone who hasn’t taken the same tests that you worked for to become licensed in Florida?

The wording in the bill, as written, could allow someone who passed their test 50 years ago, has not worked in a plant since (but consistently renewed their license), never worked in or has seen a Florida facility, and hasn’t demonstrated any knowledge of treatment practices common in Florida or any familiarity with Florida’s regulations or practices to supervise or operate a plant. Does that seem protective for the health and safety of citizens and preservation of our natural resources?

HB 23 - Section 1.(1).b: The Authors Have Inserted a Provision That Identifies Water/ Wastewater Personnel as “First Responders,” But…

My title as president of FWPCOA didn’t make me smarter, give me legislative insight, or make me more attractive; so, if someone out there can point me to something different, throwing “first responders” in this bill, which has no statutory reference, is just an effort to entice operators to not challenge this bill targeting reciprocity.

There are numerous documents out there that point out the criticality—and necessity—of the water and wastewater sector, and list us as essential personnel:

S Presidential Directive 21 (PPD-21)

S United States Department of Homeland Security (USDHS) Crisis Event Response and Recovery Access (CERRA)

S USDHS Federal Emergency Management Agency (FEMA) National Incident Management System (NIMS)

S Homeland Security Presidential Directive 5 (HSPD-5)

Yet, in the public eye, we are not seen as essential personnel (silent sentinels), and I cite Constitutional Amendment #3, Article VII, Section 6, Article XII, that was on the November 2022 ballot: Additional Homestead Property Tax Exemption for Specified Critical Public Service Workforce.

The ballot included classroom teachers, law enforcement officers, correctional officers, firefighters, emergency medical technicians, paramedics, child welfare services professionals, active duty members

HB 23 - Section 3.(a),(b): During a Declared State of Emergency, the Department…

Section 3.(a) states: “. . .the department may issue a temporary water treatment plant operator license, water distribution system operator license, or domestic wastewater treatment plant operator license by reciprocity to any applicant who meets the requirements of subsection (1) or subsection (2).” My question is: Why? Waivers can be submitted to FDEP for helping utilities” to address mutual aid during emergency situations, such as hurricanes.

The network is made up of water and wastewater utilities across Florida, assisted by regulatory, technical, and law enforcement agencies. The goal of FlaWARN is to provide immediate relief and assist the impacted water and wastewater system as quickly as possible until a permanent solution to the damage may be implemented. Again, why issue a temporary license, unless the utility has just refused or isn’t been allowed to sign

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I’m really waiting to hear from people about this. It’s a C-note for Pete’s sake; I wouldn’t doubt that FEMA would pay for it! Besides that, if there’s to be temporary licenses just being handed out, like reciprocal licenses, there should at least be some verbiage in there to limit the amount of time that a license is allowed to be valid, or should be designated as some different title under another program.

Florida Department of Environmental Protection Operator Certification Program

As I stated before, the workforce shortage is not a problem faced solely by the water/wastewater industry. Wages, benefits, work locations, and career investment by the utilities or members of the public are going to have more impact in hiring and retaining the operator workforce.

The FDEP provides:

1. Split Application Process – A potential operator can take an operator exam without having met all the requirements for licensure, allowing potential employers to recruit trainees that have already completed their training requirements and passed a FDEP exam, thereby only needing to accumulate onthe-job training.

2. Documentation of Experience – Out-ofstate operators are allowed to document their experience and sit for the equivalent of their out-of-state license (one time).

3. CEUs - The FDEP conducted an evaluation comparing 16 states, and the CEU requirements for Florida operators were consistent with other state requirements.

4. Computer-Based Testing (CBT) – This was implemented in 2008, increasing exam site locations from seven to 33 in Florida. It also increased the speed by which an operator could become licensed.

5. Operator License Approval – The OCP worked with the Florida Department of Veteran Affairs (FDVA) and received its approval for drinking water, wastewater, and distribution system operator licenses. This approval allows all veterans to receive up to $2,000 that can be used toward training, exams, and license fees associated with the OCP. Furthermore, FDVA also permits utilities to become VAapproved training facilities for the water, wastewater, and distribution profession. If received, this approved training designation would allow a veteran to receive up to a $1,500-a-month stipend (for a 12-month period) from the VA while the veteran is in training status at one of these approved utilities.

6. Exam Review Committee – This committee is organized and guided by the OCP that continually reviews and validates all the exams at each level. It meets numerous times a year to ensure that OCP is administering exams that have been scrutinized, discussed, and re-referenced by industry professionals and leaders.

7. Staffing Requirements – There is specifically an option within Chapter 62-699 F.A.C. that allows a system to submit a request for reduced staffing under certain circumstances and variances.

And that’s a short list of some of the things they have done for us, not to mention any of the public outreach done in attempts to help increase the workforce. Regulations exist to protect the environment and public health. The FDEP has enforcement discretion to address when entities fail to meet these requirements; waiving regulations, or even sections of them, is not ethical or practical. Again, Florida is the nation’s leader in reclaimed water production; to solely hand out a Florida license for another state’s license is going backwards when there is no evidence that the out-of-state operator has any knowledge of Florida Statutes or F.A.C.s!

The FWPCOA should, with the other water associations, support OCP’s current process, which addresses the health and safety of the citizens of the state of Florida, and I again stress that no one should be licensed to operate a water plant, wastewater plant, or water distribution facility in Florida without first having demonstrated training and experience acceptable to FDEP and having passed a Florida operator licensing exam.

Contaminants of Emerging Concern

Per- and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that include perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA); the Lead and Copper Rule Revisions; endocrine-disrupting chemicals (EDCs); pharmaceuticals and personal care products

(PPCPs); and thousands of contaminants from the U.S. Environmental Agency (EPA) list will affect indirect potable reuse and direct potable reuse (IPR/DPR) in Florida. Whether anyone likes it or not, we are heading toward IPR/DPR, or at least using all that technology to be compliant. I’ve heard talk about bringing back the Florida-specific human health-based criteria revisions for Chapter 62-302 F.A.C.

Good luck in trying to find a laboratory that can test contaminants to the impractical method detection limits (MDLs) that will be suggested; we will be treated like the generator of those contaminants. Fortunately, there are some amazing people on the utility councils of FWEA and FSAWWA who are aware of these activities, and we as an association need to support them, as well.

I’m definitely not saying that some of the past leaders of FWPCOA have been “silent sentinels,” but I propose that most of us have not been involved as deeply and heavily as we really need to be to address the technology that provides am increased awareness of a multitude of contaminants—and we are then eventually viewed as nonessential.

I’m proud to be an operator licensed in the state of Florida, doing what I can to help protect our citizens and the environment, and trying to reach as much of the public as I can to increase the awareness of our importance.

As I am write this column, there’s not a companion bill yet; and I encourage all regions to reach out to anyone and everyone (especially in the Senate) in opposition of HB 23 as written. As hard as it seems to be to keep up with the regulations, try to keep abreast of the changes, and voice your concerns and share your knowledge at region meetings and workshops. Be active!

We just can’t be silent sentinels!

I want to thank all the hard-working people in our industry. Thank you for doing all you do every single day! I also want to hear from you about this column (pmurphy@ plantcitygov.com), whether you agree or disagree, have some information or advice, or want to dot my eye!

Let’s keep that water clean!