                                 CODE OF VIRGINIA

ATTENDANCE BY LICENSED OPERATOR (§ 32.1-172.1)

A. 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 (&#xA7; 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&#8217;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. 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&#8217;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. Reduced operator attendance for Class 1 through Class 6 waterworks may be
considered by the Department on a case-by-case basis.

HISTORY: 2024, c. 178.