Legal Risk For Employers With Water Treatment Facilities Looms

Source: © Whiteriver Technical College Whiteriver Technical College by 30 June, companies and municipalities will have to have registered a supervisor as a professional process controller with the WISA, as required by Regulation 3630 of the National Water Act

By that date, they will need to prove they have registered a supervisor as a professional process controller with the Water Institute of Southern Africa (WISA), as required by Regulation 3630 of the National Water Act.

The regulation came into effect in 2023 and granted organisations 24 months to comply.

The risk of non-compliance

Non-compliant facilities risk fines, penalties, forced shutdowns of water or wastewater treatment operations, and even civil or criminal liability for environmental or health violations.

If they haven’t already, organisations should urgently budget for and fast-track the necessary training and registration to remain compliant.

“The requirements under Regulation 3630 address the increasing complexity of water purification, and the understanding that water and wastewater processes need to be monitored, even if they are to some extent automated,” explains Dr Lester Goldman, CEO of the WISA.

Registered professional process controller

Compliance with the regulation is not only a technical or operational issue, but also a staff qualifications and employment compliance matter.

Therefore, the responsibility to register the relevant individual lies with HR departments, compliance officers, operations managers, facilities or environmental managers, and in smaller firms with the general manager or executive who oversees multiple functions, Dr Goldman explains.

Regulation 3630 mandates that water and wastewater treatment plants in South Africa must have a senior, professionally registered process controller as their supervisor.

This means that a professional process controller registered with the WISA, not an engineer or scientist, must be the supervisor at the treatment plant. Class V and Class VI process controllers (known as senior process controllers) must also be registered with WISA as professional process controllers.

Process controllers who are registered with WISA are bound by the association’s code of conduct and have access to continuous professional development to uphold their professional status.

The association also provides guidance and support to new entrants into this field to strengthen the pipeline of scarce and critical skills in South Africa’s water sector.

Acknowledging the existing compliance burden on companies, Dr Goldman softens the additional blow.

“Companies that comply with the regulation are, by their compliance, also making a crucial investment in the water security of South Africa.”