                                 CODE OF VIRGINIA

ATTENDANCE BY LICENSED OPERATOR (§ 62.1-44.19:3.5)

A. Every sewage treatment works owner shall employ or contract an operator who
holds a current wastewater operator license, issued in accordance with Chapter
23 (&#xA7; 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&#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 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. 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&#8217;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.

HISTORY: 2024, c. 178.