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2024 SESSION

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24102899D
HOUSE BILL NO. 220 Offered January 10, 2024 Prefiled January 4, 2024 A BILL to amend the Code of Virginia by adding a section numbered 32.1-172.1 and by adding in Article 4 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.19:3.5, relating to water facilities; staffing; licensed operators. ---------- Patrons-- Orrock and Lovejoy ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-172.1 and by adding in Article 4 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.19:3.5 as follows:

§ 32.1-172.1. Attendance by licensed operator.

A. The owner of every classified waterworks or treatment facility shall employ or contract an operator who holds a current waterworks license 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, which shall be issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1. 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 promptly notify the Department, which shall temporarily waive the licensed operator requirement for the interim, provided the owner (i) informs the Department in writing within five days of the vacancy arising of its designation of another licensed operator or professional engineer responsible for interim operations, (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) reports to the Department on the implementation and progress of such hiring plan in conjunction with the facility's regular monthly operating report.

B. Where the classified waterworks or treatment 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, provided that the operator submits and the Department approves a remote monitoring plan demonstrating that the remote operator possesses sufficient technology 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.

C. Reduced operator attendance for Class 1 through Class 6 waterworks may be considered by the Department on a case-by-case basis.

§ 62.1-44.19:3.5. Attendance by licensed operator.

A. Every sewage treatment works owner shall employ or contract an operator who holds a current wastewater license of the appropriate class for the type of facility, as determined by the Department, or higher class at the owner's option, which shall be issued in accordance with Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1. 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 promptly notify the Department, which shall temporarily waive the licensed operator requirement for the interim, provided the owner (i) informs the Department in writing within five days of the vacancy arising of its designation of another licensed operator or professional engineer responsible for interim operations, (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) reports to the Department on the implementation and progress of such hiring plan in conjunction with the facility's regular monthly discharge monitoring reporting.

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 facility submits and the Department approves a remote monitoring plan demonstrating that the remote operator possesses sufficient technology 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.