TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Titles of Regulations: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (amending 9VAC25-31-200).

9VAC25-32. Virginia Pollution Abatement (VPA) Permit Regulation (amending 9VAC25-32-190).

9VAC25-790. Sewage Collection and Treatment Regulations (amending 9VAC25-790-300).

Statutory Authority:

§§ 62.1-44.15 and 62.1-44.19:3.5 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503 (9VAC25-31-200).

§§ 62.1-44.15 and 62.1-44.19:3.5 of the Code of Virginia (9VAC25-32-190).

§§ 62.1-44.19 and 62.1-44.19:3.5 of the Code of Virginia (9VAC790-300).

Effective Date: September 25, 2024.

Agency Contact: Rebeccah W. Rochet, Deputy Director, Division of Water Permitting, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2950, or email rebeccah.rochet@deq.virginia.gov.

Summary:

Pursuant to Chapter 178 of the 2024 Acts of Assembly, the amendments require sewage treatment works, classified waterworks, and classified water treatment facilities to employ a licensed operator.

9VAC25-31-200. Additional conditions applicable to specified categories of VPDES permits.

The following conditions, in addition to those set forth in 9VAC25-31-190, apply to all VPDES permits within the categories specified below in this section:

A. Existing manufacturing, commercial, mining, and silvicultural dischargers. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the department as soon as they know or have reason to believe:

1. That any activity has occurred or will occur which that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:

a. One hundred micrograms per liter (100 μg/l);

b. Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;

c. Five times the maximum concentration value reported for that pollutant in the permit application; or

d. The level established by the department in accordance with 9VAC25-31-220 F.

2. That any activity has occurred or will occur which that would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:

a. Five hundred micrograms per liter (500 μg/l);

b. One milligram per liter (1 mg/l) for antimony;

c. Ten times the maximum concentration value reported for that pollutant in the permit application; or

d. The level established by the department in accordance with 9VAC25-31-220 F.

B. Publicly and privately owned treatment works. All POTWs and PVOTWs must provide adequate notice to the department of the following:

1. Any new introduction of pollutants into the POTW or PVOTW from an indirect discharger that would be subject to § 301 or 306 of the CWA and the law if it were directly discharging those pollutants; and

2. Any substantial change in the volume or character of pollutants being introduced into that POTW or PVOTW by a source introducing pollutants into the POTW or PVOTW at the time of issuance of the permit.

3. For purposes of this subsection, adequate notice shall include information on (i) the quality and quantity of effluent introduced into the POTW or PVOTW, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW or PVOTW.

4. When the monthly average flow influent to a POTW or PVOTW reaches 95% of the design capacity authorized by the VPDES permit for each month of any three-month period, the owner shall within 30 days notify the department in writing and within 90 days submit a plan of action for ensuring continued compliance with the terms of the permit.

a. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current problem, or any problem which that could be reasonably anticipated, resulting from high influent flows.

b. Upon receipt of the owner's plan of action, the department shall notify the owner whether the plan is approved or disapproved. If the plan is disapproved, such notification shall state the reasons and specify the actions necessary to obtain approval of the plan.

c. Failure to timely submit an adequate plan shall be deemed a violation of the permit.

d. Nothing herein shall in any way impair the authority of the department to take enforcement action under § 62.1-44.15, 62.1-44.23, or 62.1-44.32 of the Code of Virginia.

C. Wastewater works operator requirements.

1. The permittee shall employ or contract at least one wastewater works operator who holds a current wastewater license appropriate for the permitted facility. The license shall be issued in accordance with Title 54.1 of the Code of Virginia and Waterworks and Wastewater Works Operators Licensing Regulations (18VAC160-30). Notwithstanding the foregoing requirement, unless the discharge is determined by the department on a case-by-case basis to be a potential contributor of pollution, no licensed operator is required for wastewater treatment works:

a. That have a design hydraulic capacity equal to or less than 0.04 mgd;

b. That discharge industrial waste or other waste from coal mining operations; or

c. That do not utilize biological or physical/chemical physical or chemical treatment.

2. In making this case-by-case determination, the department shall consider the location of the discharge with respect to state waters, the size of the discharge, the quantity and nature of pollutants reaching state waters, and the treatment methods used at the wastewater works.

3. The permittee shall notify the department in writing whenever he the permittee is not complying, or has grounds for anticipating he the permittee will not comply with the requirements of subdivision 1 of this subsection. The notification shall include a statement of reasons and a prompt schedule for achieving compliance.

4. 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 Code of Virginia, 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 the owner's 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 the owner's 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.

5. 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 subdivision 4 of this subsection.

D. Lake level contingency plans. Any VPDES permit issued for a surface water impoundment whose primary purpose is to provide cooling water to power generators shall include a lake level contingency plan to allow specific reductions in the flow required to be released when the water level above the dam drops below designated levels due to drought conditions, and such plan shall take into account and minimize any adverse effects of any release reduction requirements on downstream users. This subsection shall not apply to any such facility that addresses releases and flow requirements during drought conditions in a Virginia Water Protection Permit.

E. Concentrated animal feeding operations (CAFOs). The activities of the CAFO shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law. There shall be no point source discharge of manure, litter, or process wastewater to surface waters of the state except in the case of an overflow caused by a storm event greater than the 25-year, 24-hour storm. Agricultural stormwater discharges as defined in subdivision C 3 of 9VAC25-31-130 are permitted. Domestic sewage or industrial waste shall not be managed under the Virginia Pollutant Discharge Elimination System General Permit for CAFOs (9VAC25-191). Any permit issued to a CAFO shall include:

1. Requirements to develop, implement, and comply with a nutrient management plan. At a minimum, a nutrient management plan shall include best management practices and procedures necessary to implement applicable effluent limitations and standards. Permitted CAFOs must have their nutrient management plans developed and implemented and be in compliance with the nutrient management plan as a requirement of the permit. The nutrient management plan must, to the extent applicable:

a. Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities;

b. Ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, stormwater, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities;

c. Ensure that clean water is diverted, as appropriate, from the production area;

d. Prevent direct contact of confined animals with surface waters of the state;

e. Ensure that chemicals and other contaminants handled on site are not disposed of in any manure, litter, process wastewater, or stormwater storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

f. Identify appropriate site specific site-specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state;

g. Identify protocols for appropriate testing of manure, litter, process wastewater, and soil;

h. Establish protocols to land apply manure, litter, or process wastewater in accordance with site specific site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater; and

i. Identify specific records that will be maintained to document the implementation and management of the minimum elements described above in this subdivision 1.

2. Recordkeeping requirements. The permittee must create, maintain for five years, and make available to the director upon request the following records:

a. All applicable records identified pursuant to subdivision 1 i of this subsection; and

b. In addition, all CAFOs subject to EPA Effluent Guidelines for Feedlots (40 CFR Part 412) must comply with recordkeeping requirements as specified in 40 CFR 412.37(b) and (c) and 40 CFR 412.47(b) and (c);.

A copy of the CAFO's site-specific nutrient management plan must be maintained on site and made available to the director upon request.

3. Requirements relating to transfer of manure or process wastewater to other persons. Prior to transferring manure, litter, or process wastewater to other persons, large CAFOs must provide the recipient of the manure, litter, or process wastewater with the most current nutrient analysis. The analysis provided must be consistent with the requirements of EPA Effluent Guidelines for Feedlots (40 CFR Part 412). Large CAFOs must retain for five years records of the date, recipient name and address, and approximate amount of manure, litter, or process wastewater transferred to another person.

4. Annual reporting requirements for CAFOs. The permittee must submit an annual report to the director. As of the start date in Table 1 of 9VAC25-31-1020, all annual reports submitted in compliance with this subsection shall be submitted electronically by the permittee to the department in compliance with this subsection and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-31-110, and Part XI (9VAC25-31-950 et seq.) of this chapter. Part XI of this chapter is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part XI of this chapter, the permittee may be required to report electronically if specified by a particular permit. The annual report must include:

a. The number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);

b. Estimated amount of total manure, litter, and process wastewater generated by the CAFO in the previous 12 months (tons/gallons) in tons or gallons;

c. Estimated amount of total manure, litter, and process wastewater transferred to other persons by the CAFO in the previous 12 months (tons/gallons) in tons or gallons;

d. Total number of acres for land application covered by the nutrient management plan developed in accordance with subdivision 1 of this subsection;

e. Total number of acres under control of the CAFO that were used for land application of manure, litter, and process wastewater in the previous 12 months;

f. Summary of all manure, litter, and process wastewater discharges from the production area that occurred in the previous 12 months, including for each discharge the date of discovery, duration of discharge, and approximate volume;

g. A statement indicating whether the current version of the CAFO's nutrient management plan was developed or approved by a certified nutrient management planner; and

h. The actual crops planted and actual yield for each field, the actual nitrogen and phosphorus content of the manure, litter, and process wastewater, the results of calculations conducted in accordance with subdivisions 5 a (2) and 5 b (4) of this subsection, and the amount of manure, litter, and process wastewater applied to each field during the previous 12 months; and, for any CAFO that implements a nutrient management plan that addresses rates of application in accordance with subdivision 5 b of this subsection, the results of any soil testing for nitrogen and phosphorus taken during the preceding 12 months, the data used in calculations conducted in accordance with subdivision 5 b (4) of this subsection, and the amount of any supplemental fertilizer applied during the previous 12 months.

5. Terms of the nutrient management plan. Any permit issued to a CAFO shall require compliance with the terms of the CAFO's site-specific nutrient management plan. The terms of the nutrient management plan are the information, protocols, best management practices, and other conditions in the nutrient management plan determined by the department to be necessary to meet the requirements of subdivision 1 of this subsection. The terms of the nutrient management plan, with respect to protocols for land application of manure, litter, or process wastewater required by subdivision 4 h of this subsection and, as applicable, 40 CFR 412.4(c), shall include the fields available for land application; field-specific rates of application properly developed, as specified in subdivisions 5 a and b of this subsection, to ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater; and any timing limitations identified in the nutrient management plan concerning land application on the fields available for land application. The terms shall address rates of application using one of the following two approaches, unless the department specifies that only one of these approaches may be used:

a. Linear approach. An approach that expresses rates of application as pounds of nitrogen and phosphorus, according to the following specifications:

(1) The terms include maximum application rates from manure, litter, and process wastewater for each year of permit coverage, for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the department, in pounds per acre, per year, for each field to be used for land application, and certain factors necessary to determine such rates. At a minimum, the factors that are terms shall include: the outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field; the crops to be planted in each field or any other uses of a field, such as pasture or fallow fields; the realistic yield goal for each crop or use identified for each field; the nitrogen and phosphorus recommendations from sources specified by the department for each crop or use identified for each field; credits for all nitrogen in the field that will be plant available; consideration of multi-year phosphorus application; and accounting for all other additions of plant available plant-available nitrogen and phosphorus to the field. In addition, the terms include the form and source of manure, litter, and process wastewater to be land-applied land applied; the timing and method of land application; and the methodology by which the nutrient management plan accounts for the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied.

(2) Large CAFOs that use this approach shall calculate the maximum amount of manure, litter, and process wastewater to be land applied at least once each year using the results of the most recent representative manure, litter, and process wastewater tests for nitrogen and phosphorus taken within 12 months of the date of land application; or

b. Narrative rate approach. An approach that expresses rates of application as a narrative rate of application that results in the amount, in tons or gallons, of manure, litter, and process wastewater to be land applied, according to the following specifications:

(1) The terms include maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan, in chemical forms determined to be acceptable to the department, in pounds per acre, for each field, and certain factors necessary to determine such amounts. At a minimum, the factors that are terms shall include: the outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field; the crops to be planted in each field or any other uses, such as pasture or fallow fields (, including alternative crops identified in accordance with subdivision 5 b (2) of this subsection); the realistic yield goal for each crop or use identified for each field; and the nitrogen and phosphorus recommendations from sources specified by the department for each crop or use identified for each field. In addition, the terms include the methodology by which the nutrient management plan accounts for the following factors when calculating the amounts of manure, litter, and process wastewater to be land applied: results of soil tests conducted in accordance with protocols identified in the nutrient management plan, as required by subdivision 1 g of this subsection; credits for all nitrogen in the field that will be plant available; the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied; consideration of multi-year phosphorus application; accounting for all other additions of plant available plant-available nitrogen and phosphorus to the field; the form and source of manure, litter, and process wastewater; the timing and method of land application; and volatilization of nitrogen and mineralization of organic nitrogen.

(2) The terms of the nutrient management plan include alternative crops identified in the CAFO's nutrient management plan that are not in the planned crop rotation. Where a CAFO includes alternative crops in its nutrient management plan, the crops shall be listed by field, in addition to the crops identified in the planned crop rotation for that field, and the nutrient management plan shall include realistic crop yield goals and the nitrogen and phosphorus recommendations from sources specified by the department for each crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of manure, litter, and process wastewater to be applied shall be determined in accordance with the methodology described in subdivision 5 b (1) of this subsection.

(3) For CAFOs using this approach, the following projections shall be included in the nutrient management plan submitted to the department, but are not terms of the nutrient management plan: the CAFO's planned crop rotations for each field for the period of permit coverage; the projected amount of manure, litter, or process wastewater to be applied; projected credits for all nitrogen in the field that will be plant available; consideration of multi-year phosphorus application; accounting for all other additions of plant available plant-available nitrogen and phosphorus to the field; and the predicted form, source, and method of application of manure, litter, and process wastewater for each crop. Timing of application for each field, insofar as it concerns the calculation of rates of application, is not a term of the nutrient management plan.

(4) CAFOs that use this approach shall calculate maximum amounts of manure, litter, and process wastewater to be land applied at least once each year using the methodology required in subdivision 5 b (1) of this subsection before land applying manure, litter, and process wastewater and shall rely on the following data:

(a) A field-specific determination of soil levels of nitrogen and phosphorus, including, for nitrogen, a concurrent determination of nitrogen that will be plant available consistent with the methodology required by subdivision 5 b (1) of this subsection, and for phosphorus, the results of the most recent soil test conducted in accordance with soil testing requirements approved by the department; and

(b) The results of most recent representative manure, litter, and process wastewater tests for nitrogen and phosphorus taken within 12 months of the date of land application, in order to determine the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied.

9VAC25-32-190. Operator requirements.

A. The permittee shall employ or contract at least one operator who holds a current wastewater license appropriate for the permitted facility, if required by the VPA permit. The license shall be issued in accordance with Title 54.1 of the Code of Virginia and the regulations of the Board for Waterworks and Wastewater Works Operators (18VAC160-20-10 et seq.). Notwithstanding the foregoing requirement, unless the pollutant management activity is determined by the department on a case-by-case basis to be a potential contributor of pollution, no licensed operator is required for wastewater treatment works:

1. That have a design hydraulic capacity equal to or less than 0.04 million gallons per day;

2. That discharge industrial waste or other waste from coal mining operations; or

3. That do not utilize biological or physical/chemical physical or chemical treatment.

B. In making this case-by-case determination, the following shall be considered:

1. The location of the pollutant management activity with respect to state waters;

2. The size of the pollutant management activity;

3. The quantity and nature of pollutants reaching state waters; and

4. The treatment methods used at the treatment works.

C. The permittee shall notify the department in writing whenever he the permittee is not complying, or has grounds for anticipating he the permittee will not comply, with the requirements of subsection A of this section. The notification shall include a statement of reasons and a prompt schedule for achieving compliance.

D. 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 Code of Virginia, 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 the owner's 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 the owner's 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.

E. 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 D of this section.

9VAC25-790-300. Reliability.

A. Additional operation and maintenance documentation may be necessary where performance reliability has not been established or worker safety and public health protection is questioned.

B. Operability. Independently operated essential equipment or components of sewerage systems and treatment works shall be provided with sufficient duplication or alternative operation so that the average daily design flow may be transported, stored, treated, or otherwise managed in accordance with reliability requirements with the largest component out of service. Sufficient spare parts to ensure continuous operability of essential unit operations and equipment shall be kept in a central storeroom located at the treatment works or at other readily accessible locations, and the minimum quantities shall be in accordance with the operation and maintenance manual. The need for spare parts should be determined from review of manufacturer's recommendations, evaluation of past maintenance requirements, etc. and any other relevant factors. A spare parts inventory shall be included in the operation and maintenance manual. The inventory shall list the minimum and maximum quantities of the spare parts to be kept on hand, the equipment in which they the spare parts are used, their the storage location of the spare parts, replacement procedures, and other pertinent information. A suggested spare parts inventory system is contained in Part IV (9VAC25-790-940 et seq.) of this chapter.

C. Maintenance. A regular program of preventive maintenance shall be adhered to. The Operations and Maintenance Manual shall contain a system of maintenance requirements to be accomplished.

1. A minimum preventive maintenance system shall be provided in accordance with the Operations and Maintenance Manual. Such a system should provide for advanced scheduling of preventive maintenance and should be continually assessed in order to reflect increased service requirements as equipment ages or flow rates increase.

2. Adequate records, files, and inventories to assist the operator in his this task should also be maintained.

3. A schedule for testing the integrity of all auxiliary standby power equipment, portable pumps, automatic electrical switchover gear, and diversion piping should be developed and adhered to on a regular basis. A suggested maintenance system is outlined in this chapter. In cases where certain components of the treatment process may be damaged by flooding from natural events in such a manner as to cause excessive delays in restoring the treatment process to the design operating level, the means of removal of such components prior to flooding should be described in the Operational and Maintenance Manual.

D. Personnel.

1. 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 Code of Virginia, 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 the owner's 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 the owner's 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.

2. The recommended attendance hours by a licensed operator and the minimum daily hours that the treatment works should be manned by operating staff are contained in Table 1. The number of operating staff provided daily at a treatment works depends upon these requirements, as well as upon the permit compliance status and the operational conditions, such as:

1. a. The design capacity (flow);

2. b. The quality of the effluent;

3. c. The complexity of the treatment processes used; and

4. d. The fact that only a licensed operator may be specified as the individual in charge of overseeing permit compliance.

In instances where the recommended hours of attendance by a licensed operator are less than the daily hours the treatment works is to be manned by operating staff (see Table 1), a licensed operator is not required to be physically located at the treatment works site during the remaining designated manning hours, provided that the licensed operator is able to respond to requests for assistance in a satisfactory manner, as described in the Operation and Maintenance Manual.

3. 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 subdivision 1 of this subsection.

E. Conditions. The objective of treatment works operation should be to provide the most reliable and efficient performance that can be practically achieved in compliance with permit requirements, while providing for safe working conditions. Operational health and safety provisions are critical. Cross media Cross-media pollution prevention measures should be evaluated and developed where practical, and material safety data sheets for toxic chemicals used should be readily available.

1. Alternate operating provisions shall be utilized as necessary in accordance with the reliability classification. An all-weather road shall be provided to permit access to and from the treatment works during normal weather conditions. Escape routes and methods should be established for emergency situations.

2. Pretreatment requirements as set forth in the State Water Control Board's Regulations regulations should be established and monitored in accordance with local regulations specific to such requirements.

3. Local standards and specifications approved in accordance with this chapter shall provide for the construction methods, as necessary in accordance with the local owner's sewer line maintenance program, to minimize excessive amounts of infiltration and inflow and prevent the accumulation of solids or debris that would interfere with the transmission of flow resulting in overflows, bypassing, or offline flow surcharges, such as in service connections.

4. Odor control measures should be established in accordance with site specific site-specific features and weather patterns. Development of objectionable odors shall be addressed by the best available odor control technology.

TABLE 1. CLASSIFICATION OF TREATMENT WORKS AND RECOMMENDED MINIMUM HOURS OF ATTENDANCE BY LICENSED OPERATORS AND OPERATING STAFF(1).
Treatment Works Classification & Treatment Required Classification of the Operator in responsible charge Responsible Charge	Treatment Works Capacity (MGD)	Treatment Process Methods	Recommended Attendance by a Licensed Operator(2,3) Time-Hrs.	Recommended Daily Hours That that Works Should Be Manned(2,3)
I	Greater than 10 MGD	Biological Treatment Methods
		(A) Suspended Growth Reactors	24	24
		(B) Aerated Lagoons or Constructed Wetlands	16	24
		(C) Filters or Other Attached Growth Contactors	24	24
		(D) Processes Utilizing Biological Nutrient Control	24	24
		(E) Processes Utilizing Land Treatment	During Land Application	- -
I	Equal to or less than 10 MGD but greater than 5 MGD	Biological Treatment Methods
		(A) Suspended Growth Reactors	16	24
		(B) Aerated Lagoons or Constructed Wetlands	8	16
		(C) Filters or Other Attached Growth Contactors	16	24
		(D) Processes Utilizing Biological Nutrient Control	16	24
		(E) Processes Utilizing Land Treatment	During Land Application	- -
I	Greater than 5 MGD	Advanced Waste Treatment (AWT)
		(A) Ammonia Stripping	24	24
		(B) Breakpoint Chlorination	24	24
		(C) Carbon Adsorption	24	24
		(D) Chemical Coagulation, Flocculation, Precipitation	24	24
		(E) Filtration	24	24
		(F) Demineralization (Ion Exchange, Reverse Osmosis, Electrodialysis)	24`	24
I	Equal to or less than 5 MGD but greater than 2.5 MGD	Advanced Waste Treatment
		(A) Ammonia Stripping	16	24
		(B) Breakpoint Chlorination	16	24
		(C) Carbon Adsorption	16	24
		(D) Chemical Coagulation, Flocculation, Precipitation	16	24
		(E) Filtration	16	24
		(F) Demineralization (Ion Exchange, Reverse Osmosis, Electrodialysis)	16	24
		(G) Microstraining/Screening	16	24
II	Greater than 2.5 MGD but equal to or less than 5.0 MGD	Biological Treatment Methods
		(A) Suspended Growth Reactors	8	24
		(B) Aerated Lagoons or Constructed Wetlands	8	26
		(C) Filters or Other Attached Growth Contactors	8	24
		(D) Processes Utilizing Biological Nutrient Control	8	24
		(E) Processes Utilizing Land Treatment	During Land Application	- -
II	Greater than 0.5 MGD but equal to or less than 2.5 MGD	Biological Treatment Methods
		(A) Suspended Growth Reactors	8	16
		(B) Aerated Lagoons	4	8
		(C) Filters or Other Attached Growth Contactors	8	16
		(D) Processes Utilizing Biological Nutrient Control	8	16
		(E) Processes Utilizing Land Treatment	During Land Application	- -
II	Greater than 0.1 MGD but equal to or less than 2.5 MGD	Advanced Waste Treatment
		(A) Ammonia Stripping	8	16
		(B) Breakpoint Chlorination	8	16
		(C) Carbon Adsorption	8	16
		(D) Chemical Coagulation, Flocculation, Precipitation	8	16
		(E) Filtration	8	16
		(F) Demineralization (Ion Exchange, Reverse Osmosis, Electrodialysis)	8	16
III	Greater than 0.04 MGD but Equal to or less than 0.5 MGD	Biological Treatment Methods
		(A) Suspended Growth Reactors	8	8
		(B) Aerated Lagoons or Constructed Wetlands	8	8
		(C) Filters or Other Attached Growth Contractors	8	8
		(D) Processes Utilizing Biological Nutrient Control	8	8
		(E) Processes Utilizing Land Treatment	During Land Application	- -
III	Greater than 1.00 MGD	Natural Treatment Methods	4	8
III	Greater than 0.001 MGD but equal to or less than 0.1 MGD	Advanced Waste Treatment
		(A) Ammonia Stripping	8	8
		(B) Breakpoint Chlorination	8	8
		(C) Carbon Adsorption	8	8
		(D) Chemical Coagulation, Flocculation, Precipitation	8	8
		(E) Filtration	8	8
		(F) Demineralization (Ion Exchange, Reverse Osmosis, Electrodialysis)	8	8
IV	Greater than 0.001 MGD but equal to or less than 0.04 MGD	Biological Mechanical Methods(4)	4(5)	4(5)
IV	Greater than 0.001 MGD but equal to or less than 1.00 MGD	Natural Treatment Methods(4)	4(5)	4(5)
Notes: (1)Specific requirements for the number of licensed operators and the number and qualifications of the operating staff specified in accordance with this chapter and in consultation with and concurrence by the director are to be evaluated on a case-by-case basis in accordance with operational reliability and permit compliance data. Such requirements are to be included in the Operation and Maintenance Manual. (2)If a particular treatment unit or units are is discontinued or not in use for a significant period of time and the remaining treatment processes result in a lower classification for the treatment works, the licensed operator and operating staff requirements during that period may be reduced to that required for the type and classification of treatment process remaining in service, after concurrence by the director. (3)If more than one sewage treatment process is used, the more stringent requirements among the processes will apply. In some cases, complexity of operation for several AWT processes in sequence may require more than the minimum coverage. (4)Mechanical treatment processes are defined as those containing aerated and mixed flows using electrical or outside energy sources. (5)An operator is not required unless the facility is designated as a wastewater treatment works by DEQ.