{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_3.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_3.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_3.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_3.5.html"}],"law_id":78587,"edition_id":1,"section_id":78587,"structure_id":14634,"section_number":"62.1-44.19:3.5","catch_line":"Attendance by licensed operator","history":"2024, c. 178.","full_text":"A\n\nEvery sewage treatment works owner shall employ or contract an operator who holds a current wastewater operator license, issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1, of the appropriate class for the type of facility, as determined by the Department, 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 treatment works owner shall notify the Department promptly and in accordance with any specific timeframe directed by the Department. 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 or professional engineer 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 or water quality threat due to statutory, regulatory, or permit violations.B\n\nWhere the facility 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 toward recommended licensed operator attendance hours, provided that the owner submits and the Department approves a remote monitoring plan demonstrating that the facility possesses sufficient technology for the remote operator to adequately monitor the facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple facilities, the Department may consider the number of 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 the 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 or water quality 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.","order_by":null,"text":{"0":{"id":281626,"text":"Every sewage treatment works owner shall employ or contract an operator who holds a current wastewater operator license, issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1, of the appropriate class for the type of facility, as determined by the Department, 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 treatment works owner shall notify the Department promptly and in accordance with any specific timeframe directed by the Department. 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 or professional engineer 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 or water quality 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":281627,"text":"Where the facility 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 toward recommended licensed operator attendance hours, provided that the owner submits and the Department approves a remote monitoring plan demonstrating that the facility possesses sufficient technology for the remote operator to adequately monitor the facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple facilities, the Department may consider the number of 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 the 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 or water quality 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"}},"ancestry":[{"id":14634,"edition_id":1,"name":"Regulation of Sewage Discharges","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:49:00","date_modified":"2026-06-26 03:49:00","permalink":{"id":269817,"object_type":"structure","relational_id":14634,"identifier":"4","token":"62.1\/3.1\/4","url":"\/62.1\/3.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79664,"structure_id":14634,"section_number":"62.1-44.18","catch_line":"Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans","url":"\/62.1-44.18\/","token":"62.1\/3.1\/4\/62.1-44.18","metadata":false},{"id":86479,"structure_id":14634,"section_number":"62.1-44.18:1","catch_line":"Repealed","url":"\/62.1-44.18_1\/","token":"62.1\/3.1\/4\/62.1-44.18_1","metadata":false},{"id":75666,"structure_id":14634,"section_number":"62.1-44.18:2","catch_line":"When Board may prohibit discharge; permits","url":"\/62.1-44.18_2\/","token":"62.1\/3.1\/4\/62.1-44.18_2","metadata":false},{"id":78323,"structure_id":14634,"section_number":"62.1-44.18:3","catch_line":"Permit for private sewerage facility; financial assurance; violations; waiver of filing","url":"\/62.1-44.18_3\/","token":"62.1\/3.1\/4\/62.1-44.18_3","metadata":false},{"id":76286,"structure_id":14634,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","url":"\/62.1-44.19\/","token":"62.1\/3.1\/4\/62.1-44.19","metadata":false},{"id":56199,"structure_id":14634,"section_number":"62.1-44.19:1","catch_line":"Prohibiting sewage discharge under certain conditions in Virginia Beach","url":"\/62.1-44.19_1\/","token":"62.1\/3.1\/4\/62.1-44.19_1","metadata":false},{"id":73726,"structure_id":14634,"section_number":"62.1-44.19:2","catch_line":"Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach","url":"\/62.1-44.19_2\/","token":"62.1\/3.1\/4\/62.1-44.19_2","metadata":false},{"id":58577,"structure_id":14634,"section_number":"62.1-44.19:3","catch_line":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","url":"\/62.1-44.19_3\/","token":"62.1\/3.1\/4\/62.1-44.19_3","metadata":false},{"id":77305,"structure_id":14634,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","url":"\/62.1-44.19_3.1\/","token":"62.1\/3.1\/4\/62.1-44.19_3.1","metadata":false},{"id":84367,"structure_id":14634,"section_number":"62.1-44.19:3.2","catch_line":"Local enforcement of sewage sludge regulations","url":"\/62.1-44.19_3.2\/","token":"62.1\/3.1\/4\/62.1-44.19_3.2","metadata":false},{"id":60609,"structure_id":14634,"section_number":"62.1-44.19:3.3","catch_line":"Septage disposal","url":"\/62.1-44.19_3.3\/","token":"62.1\/3.1\/4\/62.1-44.19_3.3","metadata":false},{"id":56187,"structure_id":14634,"section_number":"62.1-44.19:3.4","catch_line":"Notification of local governing bodies","url":"\/62.1-44.19_3.4\/","token":"62.1\/3.1\/4\/62.1-44.19_3.4","metadata":false},{"id":78587,"structure_id":14634,"section_number":"62.1-44.19:3.5","catch_line":"Attendance by licensed operator","url":"\/62.1-44.19_3.5\/","token":"62.1\/3.1\/4\/62.1-44.19_3.5","metadata":false}],"previous_section":{"id":56187,"structure_id":14634,"section_number":"62.1-44.19:3.4","catch_line":"Notification of local governing bodies","url":"\/62.1-44.19_3.4\/","token":"62.1\/3.1\/4\/62.1-44.19_3.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:3.5\/","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":269867,"object_type":"law","relational_id":78587,"identifier":"62.1-44.19:3.5","token":"62.1\/3.1\/4\/62.1-44.19_3.5","url":"\/62.1-44.19_3.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_3.5\/","token":"62.1\/3.1\/4\/62.1-44.19_3.5","dublin_core":{"Title":"Attendance by licensed operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:3.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every sewage treatment works<\/span> owner<\/span> shall employ or contract<\/span> an operator who holds a current wastewater operator license, issued in accordance with Chapter 23 (§ 54.1-2300<\/a> et seq.) of Title 54.1, of the appropriate class for the type of facility, as determined by the Department<\/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 treatment works owner<\/span> shall notify the Department<\/span> promptly and in accordance with any specific timeframe directed by the Department<\/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 or professional engineer 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 or water quality threat due to statutory, regulatory, or permit violations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the facility 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 toward recommended licensed operator attendance hours, provided that the owner<\/span> submits and the Department<\/span> approves a remote monitoring plan demonstrating that the facility possesses sufficient technology for the remote operator to adequately monitor the facility and manage onsite operators with a lower license class, mechanics, or other staff to operate the facility under the remote operator’s direct supervision. In determining whether to approve a remote monitoring plan for multiple facilities, the Department<\/span> may consider the number of 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 the 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 or water quality 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 or treatment facility pursuant to a temporary waiver<\/span> issued under subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nATTENDANCE BY LICENSED OPERATOR (\u00a7 62.1-44.19:3.5)\n\nA. Every sewage treatment works owner shall employ or contract an operator who\nholds a current wastewater operator license, issued in accordance with Chapter\n23 (§ 54.1-2300 et seq.) of Title 54.1, of the appropriate class for the\ntype of facility, as determined by the Department, or higher class at the\nowner’s option. If the position of the licensed operator of the\nappropriate class is unexpectedly vacated due to death, extended illness, firing\nfor cause, resignation, or similar cause, the treatment works owner shall notify\nthe Department promptly and in accordance with any specific timeframe directed\nby the Department. The Department shall temporarily waive the licensed operator\nrequirement for the interim, provided the owner (i) informs the Department in\nwriting of its designation of another licensed operator or professional engineer\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\nor water quality threat due to statutory, regulatory, or permit violations.\n\nB. Where the facility is equipped with adequate technological capability, the\nDepartment shall credit remote monitoring of the facility by a licensed operator\nof the appropriate class as operator attendance toward recommended licensed\noperator attendance hours, provided that the owner submits and the Department\napproves a remote monitoring plan demonstrating that the facility possesses\nsufficient technology for the remote operator to adequately monitor the facility\nand manage onsite operators with a lower license class, mechanics, or other\nstaff to operate the facility under the remote operator’s direct\nsupervision. In determining whether to approve a remote monitoring plan for\nmultiple facilities, the Department may consider the number of facilities the\nremote operator is monitoring simultaneously, whether the multiple facilities\nbeing monitored remotely are under common ownership, whether the remote operator\nis employed by the owner of the multiple facilities, and whether occasional\nin-person attendance is provided, among other factors. The Department may cease\ncrediting remote monitoring if the Department finds that continued operation\npursuant to the remote monitoring plan presents a public health or water quality\nthreat due to statutory, regulatory, or permit violations. The Department shall\nnot credit remote monitoring by an operator without the appropriate license\nclass who is operating the waterworks or treatment facility pursuant to a\ntemporary waiver issued under subsection A.\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}}