{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-172.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-172.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-172.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-172.1.html"}],"law_id":87258,"edition_id":1,"section_id":87258,"structure_id":13459,"section_number":"32.1-172.1","catch_line":"Attendance by licensed operator","history":"2024, c. 178.","full_text":"A\n\nThe owner of every waterworks or treatment facility identified as a classified waterworks or treatment facility by the Department shall employ or contract an operator who holds a current waterworks operator license, issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1, of the appropriate class for the classification of the waterworks or treatment facility, as determined by the Board, or higher class at the owner’s option. If the position of the licensed operator of the appropriate class is unexpectedly vacated due to death, extended illness, firing for cause, resignation, or similar cause, the classified waterworks or treatment facility owner shall notify the Department promptly and in accordance with any specific timeframe directed by the Board. The Department shall temporarily waive the licensed operator requirement for the interim, provided the owner (i) informs the Department in writing of its designation of another licensed operator responsible for interim operations within five days of the vacancy, (ii) informs the Department in writing within 10 days of the vacancy arising of its plan to hire a replacement licensed operator of the appropriate class as soon as practicable, (iii) implements the hiring plan diligently, and (iv) provides a monthly report to the Department on the implementation and progress of such hiring plan. The Department may revoke the temporary waiver if the Department finds that continued operation pursuant to the waiver presents a public health threat due to statutory, regulatory, or permit violations.B\n\nWhere a waterworks or treatment facility identified as a classified waterworks or treatment facility by the Department is equipped with adequate technological capability, the Department shall credit remote monitoring of the facility by a licensed operator of the appropriate class as operator attendance, provided that the owner submits and the Department approves a remote monitoring plan demonstrating that the waterworks or treatment facility possesses sufficient technology for the remote operator to adequately monitor the waterworks or treatment facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the waterworks or treatment facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple waterworks or treatment facilities, the Department may consider the number of waterworks or treatment facilities the remote operator is monitoring simultaneously, whether the multiple facilities being monitored remotely are under common ownership, whether the remote operator is employed by the owner of multiple facilities, and whether occasional in-person attendance is provided, among other factors. The Department may cease crediting remote monitoring if the Department finds that continued operation pursuant to the remote monitoring plan presents a public health threat due to statutory, regulatory, or permit violations. The Department shall not credit remote monitoring by an operator without the appropriate license class who is operating the waterworks or treatment facility pursuant to a temporary waiver issued under subsection A.C\n\nReduced operator attendance for Class 1 through Class 6 waterworks may be considered by the Department on a case-by-case basis.","order_by":null,"text":{"0":{"id":312459,"text":"The owner of every waterworks or treatment facility identified as a classified waterworks or treatment facility by the Department shall employ or contract an operator who holds a current waterworks operator license, issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1, of the appropriate class for the classification of the waterworks or treatment facility, as determined by the Board, or higher class at the owner’s option. If the position of the licensed operator of the appropriate class is unexpectedly vacated due to death, extended illness, firing for cause, resignation, or similar cause, the classified waterworks or treatment facility owner shall notify the Department promptly and in accordance with any specific timeframe directed by the Board. The Department shall temporarily waive the licensed operator requirement for the interim, provided the owner (i) informs the Department in writing of its designation of another licensed operator responsible for interim operations within five days of the vacancy, (ii) informs the Department in writing within 10 days of the vacancy arising of its plan to hire a replacement licensed operator of the appropriate class as soon as practicable, (iii) implements the hiring plan diligently, and (iv) provides a monthly report to the Department on the implementation and progress of such hiring plan. The Department may revoke the temporary waiver if the Department finds that continued operation pursuant to the waiver presents a public health threat due to statutory, regulatory, or permit violations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312460,"text":"Where a waterworks or treatment facility identified as a classified waterworks or treatment facility by the Department is equipped with adequate technological capability, the Department shall credit remote monitoring of the facility by a licensed operator of the appropriate class as operator attendance, provided that the owner submits and the Department approves a remote monitoring plan demonstrating that the waterworks or treatment facility possesses sufficient technology for the remote operator to adequately monitor the waterworks or treatment facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the waterworks or treatment facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple waterworks or treatment facilities, the Department may consider the number of waterworks or treatment facilities the remote operator is monitoring simultaneously, whether the multiple facilities being monitored remotely are under common ownership, whether the remote operator is employed by the owner of multiple facilities, and whether occasional in-person attendance is provided, among other factors. The Department may cease crediting remote monitoring if the Department finds that continued operation pursuant to the remote monitoring plan presents a public health threat due to statutory, regulatory, or permit violations. The Department shall not credit remote monitoring by an operator without the appropriate license class who is operating the waterworks or treatment facility pursuant to a temporary waiver issued under subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":312461,"text":"Reduced operator attendance for Class 1 through Class 6 waterworks may be considered by the Department on a case-by-case basis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13459,"edition_id":1,"name":"Public Water Supplies","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:44:56","date_modified":"2026-06-26 03:44:56","permalink":{"id":203723,"object_type":"structure","relational_id":13459,"identifier":"2","token":"32.1\/6\/2","url":"\/32.1\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62333,"structure_id":13459,"section_number":"32.1-167","catch_line":"Definitions","url":"\/32.1-167\/","token":"32.1\/6\/2\/32.1-167","metadata":false},{"id":77424,"structure_id":13459,"section_number":"32.1-168","catch_line":"Exemptions","url":"\/32.1-168\/","token":"32.1\/6\/2\/32.1-168","metadata":false},{"id":85306,"structure_id":13459,"section_number":"32.1-169","catch_line":"Supervision by Board","url":"\/32.1-169\/","token":"32.1\/6\/2\/32.1-169","metadata":false},{"id":54899,"structure_id":13459,"section_number":"32.1-170","catch_line":"Regulations","url":"\/32.1-170\/","token":"32.1\/6\/2\/32.1-170","metadata":false},{"id":83159,"structure_id":13459,"section_number":"32.1-171","catch_line":"Technical assistance as to sources and purity","url":"\/32.1-171\/","token":"32.1\/6\/2\/32.1-171","metadata":false},{"id":54587,"structure_id":13459,"section_number":"32.1-171.1","catch_line":"Waterworks operation fee required; special fund established; certain technical assistance program to be provided","url":"\/32.1-171.1\/","token":"32.1\/6\/2\/32.1-171.1","metadata":false},{"id":61017,"structure_id":13459,"section_number":"32.1-171.2","catch_line":"Water Supply Assistance Grant Fund established","url":"\/32.1-171.2\/","token":"32.1\/6\/2\/32.1-171.2","metadata":false},{"id":75939,"structure_id":13459,"section_number":"32.1-172","catch_line":"Permit required","url":"\/32.1-172\/","token":"32.1\/6\/2\/32.1-172","metadata":false},{"id":87258,"structure_id":13459,"section_number":"32.1-172.1","catch_line":"Attendance by licensed operator","url":"\/32.1-172.1\/","token":"32.1\/6\/2\/32.1-172.1","metadata":false},{"id":67810,"structure_id":13459,"section_number":"32.1-173","catch_line":"Additional or amended permits","url":"\/32.1-173\/","token":"32.1\/6\/2\/32.1-173","metadata":false},{"id":67186,"structure_id":13459,"section_number":"32.1-173.1","catch_line":"Increase in charges to finance required changes","url":"\/32.1-173.1\/","token":"32.1\/6\/2\/32.1-173.1","metadata":false},{"id":78227,"structure_id":13459,"section_number":"32.1-174","catch_line":"Revocation of permits","url":"\/32.1-174\/","token":"32.1\/6\/2\/32.1-174","metadata":false},{"id":69802,"structure_id":13459,"section_number":"32.1-174.1","catch_line":"Bonds of permit holders","url":"\/32.1-174.1\/","token":"32.1\/6\/2\/32.1-174.1","metadata":false},{"id":73704,"structure_id":13459,"section_number":"32.1-174.2","catch_line":"Duties of electric utilities","url":"\/32.1-174.2\/","token":"32.1\/6\/2\/32.1-174.2","metadata":false},{"id":79341,"structure_id":13459,"section_number":"32.1-174.3","catch_line":"Appointment of receiver for certain private waterworks; grounds for such appointment; petition and hearing, etc","url":"\/32.1-174.3\/","token":"32.1\/6\/2\/32.1-174.3","metadata":false},{"id":66911,"structure_id":13459,"section_number":"32.1-174.4","catch_line":"Identification and elimination of chronically noncompliant waterworks","url":"\/32.1-174.4\/","token":"32.1\/6\/2\/32.1-174.4","metadata":false},{"id":87011,"structure_id":13459,"section_number":"32.1-174.5","catch_line":"Mandatory reporting of contaminant releases and equipment failures and malfunctions","url":"\/32.1-174.5\/","token":"32.1\/6\/2\/32.1-174.5","metadata":false},{"id":86295,"structure_id":13459,"section_number":"32.1-175","catch_line":"Emergency orders; appeal","url":"\/32.1-175\/","token":"32.1\/6\/2\/32.1-175","metadata":false},{"id":63724,"structure_id":13459,"section_number":"32.1-175.01","catch_line":"Issuance of special orders","url":"\/32.1-175.01\/","token":"32.1\/6\/2\/32.1-175.01","metadata":false},{"id":79723,"structure_id":13459,"section_number":"32.1-175.1","catch_line":"Notice to local government","url":"\/32.1-175.1\/","token":"32.1\/6\/2\/32.1-175.1","metadata":false},{"id":54420,"structure_id":13459,"section_number":"32.1-176","catch_line":"Penalty","url":"\/32.1-176\/","token":"32.1\/6\/2\/32.1-176","metadata":false}],"previous_section":{"id":75939,"structure_id":13459,"section_number":"32.1-172","catch_line":"Permit required","url":"\/32.1-172\/","token":"32.1\/6\/2\/32.1-172","metadata":false},"next_section":{"id":67810,"structure_id":13459,"section_number":"32.1-173","catch_line":"Additional or amended permits","url":"\/32.1-173\/","token":"32.1\/6\/2\/32.1-173","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-172.1\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 178<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":82563,"section_number":"54.1-2300","catch_line":"Definitions","order_by":null,"url":"\/54.1-2300\/"}],"permalink":{"id":203757,"object_type":"law","relational_id":87258,"identifier":"32.1-172.1","token":"32.1\/6\/2\/32.1-172.1","url":"\/32.1-172.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-172.1\/","token":"32.1\/6\/2\/32.1-172.1","dublin_core":{"Title":"Attendance by licensed operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-172.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The owner<\/span> of every waterworks<\/span> or treatment facility identified as a classified waterworks<\/span> or treatment facility by the Department<\/span> shall employ or contract<\/span> an operator who holds a current waterworks<\/span> operator license, issued in accordance with Chapter 23 (§ 54.1-2300<\/a> et seq.) of Title 54.1, of the appropriate class for the classification of the waterworks<\/span> or treatment facility, as determined by the Board<\/span>, or higher class at the owner<\/span>’s option. If the position of the licensed operator of the appropriate class is unexpectedly vacated due to death, extended illness, firing for cause, resignation, or similar cause, the classified waterworks<\/span> or treatment facility owner<\/span> shall notify the Department<\/span> promptly and in accordance with any specific timeframe directed by the Board<\/span>. The Department<\/span> shall temporarily waive<\/span> the licensed operator requirement for the interim, provided the owner<\/span> (i) informs the Department<\/span> in writing of its designation of another licensed operator responsible for interim operations within five days of the vacancy, (ii) informs the Department<\/span> in writing within 10 days of the vacancy arising of its plan to hire a replacement licensed operator of the appropriate class as soon as practicable, (iii) implements the hiring plan diligently, and (iv) provides a monthly report to the Department<\/span> on the implementation and progress of such hiring plan. The Department<\/span> may revoke the temporary waiver<\/span> if the Department<\/span> finds that continued operation pursuant to the waiver<\/span> presents a public health threat due to statutory, regulatory, or permit violations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where a waterworks<\/span> or treatment facility identified as a classified waterworks<\/span> or treatment facility by the Department<\/span> is equipped with adequate technological capability, the Department<\/span> shall credit remote monitoring of the facility by a licensed operator of the appropriate class as operator attendance, provided that the owner<\/span> submits and the Department<\/span> approves a remote monitoring plan demonstrating that the waterworks<\/span> or treatment facility possesses sufficient technology for the remote operator to adequately monitor the waterworks<\/span> or treatment facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the waterworks<\/span> or treatment facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple waterworks<\/span> or treatment facilities, the Department<\/span> may consider the number of waterworks<\/span> or treatment facilities the remote operator is monitoring simultaneously, whether the multiple facilities being monitored remotely are under common ownership, whether the remote operator is employed by the owner<\/span> of multiple facilities, and whether occasional in-person<\/span> attendance is provided, among other factors. The Department<\/span> may cease crediting remote monitoring if the Department<\/span> finds that continued operation pursuant to the remote monitoring plan presents a public health threat due to statutory, regulatory, or permit violations. The Department<\/span> shall not credit remote monitoring by an operator without the appropriate license class who is operating the waterworks<\/span> or treatment facility pursuant to a temporary waiver<\/span> issued under subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Reduced operator attendance for Class 1 through Class 6 waterworks<\/span> may be considered by the Department<\/span> on a case-by-case basis. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nATTENDANCE BY LICENSED OPERATOR (\u00a7 32.1-172.1)\n\nA. The owner of every waterworks or treatment facility identified as a\nclassified waterworks or treatment facility by the Department shall employ or\ncontract an operator who holds a current waterworks operator license, issued in\naccordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1, of the\nappropriate class for the classification of the waterworks or treatment\nfacility, as determined by the Board, or higher class at the owner’s\noption. If the position of the licensed operator of the appropriate class is\nunexpectedly vacated due to death, extended illness, firing for cause,\nresignation, or similar cause, the classified waterworks or treatment facility\nowner shall notify the Department promptly and in accordance with any specific\ntimeframe directed by the Board. The Department shall temporarily waive the\nlicensed operator requirement for the interim, provided the owner (i) informs\nthe Department in writing of its designation of another licensed operator\nresponsible for interim operations within five days of the vacancy, (ii) informs\nthe Department in writing within 10 days of the vacancy arising of its plan to\nhire a replacement licensed operator of the appropriate class as soon as\npracticable, (iii) implements the hiring plan diligently, and (iv) provides a\nmonthly report to the Department on the implementation and progress of such\nhiring plan. The Department may revoke the temporary waiver if the Department\nfinds that continued operation pursuant to the waiver presents a public health\nthreat due to statutory, regulatory, or permit violations.\n\nB. Where a waterworks or treatment facility identified as a classified\nwaterworks or treatment facility by the Department is equipped with adequate\ntechnological capability, the Department shall credit remote monitoring of the\nfacility by a licensed operator of the appropriate class as operator attendance,\nprovided that the owner submits and the Department approves a remote monitoring\nplan demonstrating that the waterworks or treatment facility possesses\nsufficient technology for the remote operator to adequately monitor the\nwaterworks or treatment facility and manage onsite operators with a lower\nlicense class, mechanics, or other staff to operate the waterworks or treatment\nfacility under the remote operator’s direct supervision. In determining\nwhether to approve a remote monitoring plan for multiple waterworks or treatment\nfacilities, the Department may consider the number of waterworks or treatment\nfacilities the remote operator is monitoring simultaneously, whether the\nmultiple facilities being monitored remotely are under common ownership, whether\nthe remote operator is employed by the owner of multiple facilities, and whether\noccasional in-person attendance is provided, among other factors. The Department\nmay cease crediting remote monitoring if the Department finds that continued\noperation pursuant to the remote monitoring plan presents a public health threat\ndue to statutory, regulatory, or permit violations. The Department shall not\ncredit remote monitoring by an operator without the appropriate license class\nwho is operating the waterworks or treatment facility pursuant to a temporary\nwaiver issued under subsection A.\n\nC. Reduced operator attendance for Class 1 through Class 6 waterworks may be\nconsidered by the Department on a case-by-case basis.\n\nHISTORY: 2024, c. 178.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}