TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Proposed Regulation

Title of Regulation: 18VAC160-30. Waterworks and Wastewater Works Operators Licensing Regulations (amending 18VAC160-30-10 through 18VAC160-30-240, 18VAC160-30-260 through 18VAC160-30-370; adding 18VAC160-30-95, 18VAC160-30-235, 18VAC160-30-255, 18VAC160-30-265, 18VAC160-30-275; repealing 18VAC160-30-250).

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Public Hearing Information:

February 10, 2025 - 2 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Second Floor, Board Room, Richmond, VA 23233.

Public Comment Deadline: April 11, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Occupational and Professional Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Basis: Subdivision 5 of § 54.1-201 of the Code of Virginia authorizes the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals to promulgate regulations necessary to ensure continued competency, prevent deceptive or misleading practices by practitioners, and effectively administer the regulatory system. Section 54.1-2301 D of the Code of Virginia requires the board to adopt regulations for the licensure of onsite soil evaluators, installers of alternative onsite sewage systems, and operators of alternative onsite sewage systems.

Purpose: The operation of waterworks or wastewater works by those who lack sufficient expertise, competence, and integrity poses a risk to the public health, safety, and welfare. These risks include the potential for contamination of drinking water supply and environmental damage. Additional risks include potential financial harm to the owners of waterworks and wastewater works facilities, which typically include local government entities, resulting from improperly operated facilities. This action protects the public health, safety, and welfare by clarifying requirements to ensure competence throughout the regulated community.

Substance: The amendments:

1. Remove the definition of "onsite sewage system" as the meaning of the term as provided in statute is included in the added definition of "master alternative onsite sewage system operator";

2. Add definitions for "address of record" and "master alternative onsite sewage system operator";

3. Revise the terms "applicant" and "maintenance" to make the terms clearer;

4. Remove the definition of "treatment works" as the term is not used in the regulation;

5. Revise 18VAC160-30-20 to increase from 12 months to 24 months the time that an applicant has to take the board-approved examination after being approved;

6. Revise 18VAC160-30-40 to remove obsolete language regarding temporarily reduced fees;

7. Revise 18VAC160-30-60 to (i) reduce the requirement that an applicant report all felony convictions to requiring an applicant to report felony convictions that have occurred within 20 years preceding submission of an application and narrow the scope of misdemeanor convictions that an applicant must report; (ii) remove unnecessary and overly burdensome requirements; (iii) amend provisions pertaining to disclosure of prior disciplinary action to make these provisions clearer by requiring applicants to disclose any disciplinary action taken against a professional or occupational license issued to the applicant; (iv) require that an applicant be in compliance with the standards of conduct and practice outlined in Part VI of the regulation at the time of application, while the application is under review, and when the license is in effect; and (v) make changes to language consistent with other department regulations and to remove unnecessary and redundant language;

8. Revise 18VAC160-30-70 to (i) remove unnecessary language and reflect revisions made in 18VAC160-30-20 regarding the increase in time an applicant has to take the board-approved examination after being approved and (ii) provide that passing examination scores are valid for a period of 10 years from the date of examination;

9. Revise 18VAC160-30-90 to remove unnecessary language and to relocate provisions regarding qualifying work experience to newly proposed 18VAC160-30-95;

10. Add 18VAC160-30-95, which contains provisions for experience that may be used to qualify for licensure and includes language relocated from 18VAC160-30-90 and 18VAC160-30-110 and incorporates guidance from a guidance document the board adopted in April 2022;

11. Revise (i) the qualifications table included in 18VAC160-30-110 to reduce education and experience requirements for most waterworks and wastewater works operator licenses and (ii) relocate language regarding verification of experience to 18VAC160-30-95;

12. Revise 18VAC160-30-120 to clarify experience that will be counted as a provisional operator or operator-in-training;

13. Revise 18VAC160-30-140 to (i) reduce the minimum number of semester credit hours of science and math required for individuals seeking to qualify for licensure with certain degrees and (ii) update a current provision regarding the use of a degree to both meet education requirements and as experience substitution;

14. Revise 18VAC160-30-140 to remove language naming a specific entity as an acceptable authority for the accreditation or approval of a college or university from which a degree was obtained;

15. Revise 18VAC160-30-150 to provide that the board will send, instead of mail, a renewal notice to a licensee and remove unnecessary language;

16. Revise 18VAC160-30-160 to increase from one year to 24 months the timeframe in which an expired license may be reinstated and to remove unnecessary language;

17. Revise 18VAC160-30-170 to provide clarity regarding the status of a licensee who reinstates an expired license.

18. Revise 18VAC160-30-190 to reduce the amount of continuing education contact hours required for renewal of Class 1, 2, and 3 waterworks and wastewater works operator licenses, and renewal of Class 5 waterworks operator licensees;

19. Revise 18VAC160-30-190 to (i) increase from two hours to four hours the amount of continuing professional education (CPE) hours a licensee may receive for the initial development or substantial updating of a CPE course and (ii) reduce the number of hours safety subjects can count toward total required CPE hours;

20. Revise 18VAC160-30-190 to clarify provisions regarding additional time that may be provided to licensees to meet CPE requirements;

21. Revise 18VAC160-30-200 and 18VAC160-30-210 to (i) reduce the amount of continuing education contact hours pertaining to utility management required for Class 1 and 2 operators and (ii) provide that technology may be included in the scope of CPE training on monitoring, evaluating, and adjusting treatment processes and systems;

22. Remove language in 18VAC160-30-220 establishing the equivalence of one quarter hour of college credit to 10 CPE credit hours;

23. Revise 18VAC160-30-230 to provide that evidence of CPE completion includes the contact information of the sponsor, instead of a telephone number;

24. Significantly amend Part V to restructure the sections in the part and revise provisions related to the approval of training courses that may be used for substitution of experience required for licensure;

25. Add 18VAC160-30-235, which provides general provisions related to approval of training courses used to substitute for experience, and how training credits will be awarded;

26. Revise 18VAC160-30-240 to replace various requirements and standards for approval of training courses with provisions pertaining to application requirements and relocate provisions regarding application for training course approval from 18VAC160-30-250 to 18VAC160-30-240;

27. Repeal 18VAC160-30-250, as the provisions of the section have been clarified and incorporated into other sections;

28. Add 18VAC160-30-255, which requires training providers to provide participants with a certificate of completion for courses completed, to include specific details;

29. Revise 18VAC160-30-260 to replace current provisions with new provisions pertaining to recordkeeping for training providers. The section provides for records to be maintained by training providers, which must include specific details about the participant, the course, the instructors, and date of completion. The section also establishes a required retention period and requires records to be accessible for inspection by representatives of the board;

30. Add 18VAC160-30-265, which consolidates requirements related to reporting changes in information to the board within a specific timeframe. The timeframe in which a change must be reported to the board is also increased from 30 days to 90 days;

31. Revise 18VAC160-30-270 to (i) clarify circumstances in which the board may withdrawal approval of a training course and (ii) include the provision of false information by the training program contact person as a basis for withdrawal;

32. Add 18VAC160-30-275 to set apart and clarify the board's authority to audit approved training courses;

33. Revise the catchline of 18VAC160-30-280 and remove language naming a specific entity as an acceptable authority for the accreditation or approval of a college or university from which training is obtained to reflect the same revision made in 18VAC160-30-140;

34. Revise 18VAC160-30-300 to (i) reorganize the provisions of the section, (ii) increase the time from 30 to 60 days in which a licensee must report changes to a name or address, and (iii) remove unnecessary requirements;

35. Revise 18VAC160-30-310 to make changes related to the reporting of disciplinary actions and criminal convictions, including reducing the scope of reportable misdemeanor convictions;

36. Revise prohibited acts in 18VAC160-30-320 and reorder subdivisions outlining specific prohibited acts to group similar types of offenses together. Most existing prohibited acts are categorized under either (i) a prohibited act pertaining to actions constituting negligence, misconduct, or incompetence in the practice of the profession or (ii) actions constituting engaging in improper, fraudulent, or dishonest conduct;

37. Revise 18VAC160-30-320 to (i) prohibit actions constituting improper, fraudulent, and dishonest conduct; (ii) prohibit reinstating a license by false or fraudulent representation; and (iii) clarify prohibited acts related to adverse actions (e.g. regulatory discipline and criminal convictions);

38. Revise 18VAC160-30-330 to clarify that soliciting or accepting financial or other valuable consideration from material or equipment suppliers for specifying their products or services and soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the licensee is responsible are allowable if the circumstances are fully disclosed to and agreed to by all interested parties in writing;

39. Revise 18VAC160-30-340 to remove the requirement that a licensee inform the board of another individual potentially violating board regulations or laws; and

40. Revise 18VAC160-30-360 and 18VAC160-30-370, which specify the scope of practice allowed for each class of waterworks or wastewater works operator license, to streamline these provisions and provide clarity.

Issues: The primary advantages to the public and the regulated community are that the amendments (i) provide needed updating and clarification, including incorporating the board's previous interpretive guidance; (ii) reduce regulatory burdens while still protecting the public health, safety, and welfare, including revising entry requirements to allow for more individuals to qualify for licensure; (iii) remove requirements in the regulation that are not necessary to protect the public welfare; and (iv) enhance standards of conduct and practice that will better serve to protect members of the public. The primary advantage to the Commonwealth is that the amendments will permit the agency to better administer the licensure program.

An anticipated advantage is that the amendments potentially increases the number of individuals who qualify for licensure and may therefore be available to members of the public to provide waterworks and wastewater works services. There are no identifiable disadvantages to the public. The board does not anticipate any substantial disadvantages to the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (board) proposes to (i) increase the time that an applicant has to pass the board-approved examination once an application has been approved from 12 to 24 months;² (ii) state that an examination score received by an applicant is valid for a period of 10 years from the date of the examination; (iii) no longer require that felony convictions that occurred more than 20 years from the date of application be disclosed; (iv) no longer require that misdemeanor convictions that do not involve lying, cheating, or stealing be disclosed; (v) reduce the experience requirements for all Class 5 and Class 6 waterworks licensure applicants; (vi) allow Class 4 applicants without a high diploma or equivalent and Class 3 applicants without a bachelor's or master's degree to substitute experience in the other profession (waterworks experience for wastewater works licensure and vice versa) or education for part of the experience requirement; (vii) reduce the experience requirements for Class 2 and Class 3 applicants who have an associate's degree and for those without a high diploma or equivalent; (viii) reduce the experience requirements for all Class 1 applicants; (ix) reduce the minimum required number of credit hours in science or math when using an associate's, bachelor's, or master's degree for licensure qualification; (x) state that the board will send, instead of mail, the renewal notice to the licensee; (xi) increase the reinstatement period for licenses from one year to 24 months; (xii) reduce the minimum number of continuing professional education (CPE) contact hours required for Class 1, Class 2, and Class 3 licensure renewal; (xiii) reduce the minimum number of CPE contact hours required for Class 5 waterworks licensure renewal; (xiv) increase the CPE credit for teaching a relevant course; (xv) reduce the amount of CPE hours that can be in safety subjects; (xvi) reduce the minimum number of required contact hours for CPE pertaining to utility management (xvii) allow training courses to be approved retroactively; (xviii) require that training course providers provide each participant with a certificate of completion or similar documentation; (xix) reduce required training course provider record retention from seven years to five years; (xx) increase from 30 days to 90 days the time within which training providers must report changes in information that is required to be sent to the board; (xxi), increase from 30 days to 60 days the time within which licensees must report changes of name or address; (xxii) no longer require that licensees inform the board of all licenses, certificates, or registrations affected by an address change; (xxiii) allow soliciting or accepting financial or other valuable consideration from material or equipment suppliers for specifying their products or service if the circumstances are fully disclosed to, and agreed to by, all interested parties in writing; (xxiv) allow soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the licensee is responsible if the circumstances are fully disclosed to, and agreed to by, all interested parties in writing; (xxv) no longer require that a licensee who has direct knowledge that another individual may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia immediately inform the board in writing; and (xxvi) remove descriptions of waterworks and wastewater works facility classifications, and instead include references to the Virginia Department of Health (VDH) and Department of Environmental Quality (DEQ) regulations, respectively, where the descriptions are also contained.

Background. In order to operate a waterworks or wastewater works, individuals must possess the appropriate category of license in a classification equal to or higher than the classification of the applicable waterworks or wastewater works. For example, an individual with a Class 6 waterworks license can operate a Class 6 waterworks facility, but not a Class 5, 4, 3, 2, or 1 facility. An individual with a Class 5 waterworks license can operate a Class 5 or 6 waterworks facility, but not a Class 4, 3, 2, or 1 facility, and so on.

Waterworks facilities. A Class 1 facility is (i) a waterworks or a water treatment plant serving 50,000 or more persons or having a water treatment plant capacity of 5.0 million gallons per day (MGD) or more and employing conventional filtration or chemical coagulation in combination with membrane filtration or (ii) a waterworks designated by VDH to be a Class 1 waterworks. A Class 2 facility is (i) a waterworks or a water treatment plant serving 5,000 or more persons but fewer than 50,000 persons or having a water treatment plant capacity of 0.5 MGD or more but less than 5.0 MGD, whichever range applies, and employing rapid rate conventional filtration (see 12VAC5-590-874) or chemical coagulation in combination with membrane filtration; (ii) a waterworks or a water treatment plant serving fewer than 50,000 persons or having a water treatment plant capacity of less than 5.0 MGD and employing high rate conventional filtration; or (iii) a waterworks designated by VDH to be a Class 2 waterworks. A Class 3 facility is (i) a waterworks or a water treatment plant serving fewer than 5,000 persons or having a water treatment plant capacity less than 0.5 MGD, whichever is greater, and employing conventional filtration or chemical coagulation in combination with membrane filtration; (ii) a waterworks or a water treatment plant serving 5,000 or more persons or having a water treatment plant capacity of 0.5 MGD or more, whichever is greater, and employing one or more of the following: disinfection other than with hypochlorination, caustic soda feed, iron and manganese removal, ion exchange, slow sand filtration, aeration, rechlorination other than with hypochlorination, activated carbon contactors, membrane or other filtration technologies without chemical coagulation, and fluoridation with a saturator or acid feed; (iii) a waterworks or a water treatment plant employing fluoridation with other than a saturator not considered a Class 1 or Class 2 waterworks; or (iv) a waterworks designated by the department to be a Class 3 waterworks. A Class 4 facility is (i) a waterworks or a water treatment plant serving fewer than 5,000 persons or having a water treatment plant capacity of less than 0.5 MGD and employing one or more of the following: disinfection other than with hypochlorination, caustic soda feed, iron and manganese removal, ion exchange, slow sand filtration, aeration, rechlorination other than with hypochlorination, activated carbon contactors, membrane or other filtration technologies without chemical coagulation, and fluoridation with a saturator or (ii) a waterworks designated by the department to be a Class 4 waterworks. A Class 5 facility is (i) a waterworks serving 400 or more persons that provides no treatment or employs one or more of the following treatment processes: hypochlorination for disinfection, corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic soda, or sequestration by solution feed or (ii) a waterworks designated by the department to be a Class 5 waterworks. A Class 6 facility is (i) a waterworks serving fewer than 400 persons that provides no treatment or employs one or more of the following treatment processes: hypochlorination for disinfection, corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic soda, or sequestration by solution feed or (ii) a waterworks designated by the department to be a Class 6 waterworks.

Wastewater works facilities. A Class 1 facility is (i) a wastewater works using biological treatment methods consisting of but not limited to suspended growth reactors, aerated lagoons or constructed wetlands, filters or other attached growth contactors, processes utilizing biological nutrient control, processes utilizing land treatment and having a hydraulic capacity greater than 5.0 MGD; (ii) a wastewater works using advanced waste treatment methods consisting of but not limited to ammonia stripping, breaking chlorination, carbon adsorption, chemical coagulation, flocculation, precipitation, filtration, demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a design capacity greater than 2.5 MGD; or (iii) a wastewater works classified by DEQ or VDH as a Class 1 wastewater works. A Class 2 facility is (i) a wastewater works using biological treatment methods consisting of but not limited to suspended growth reactors, aerated lagoons or constructed wetlands, filters or other attached growth contactors, processes utilizing biological nutrient control, processes utilizing land treatment and having a hydraulic capacity greater than 0.5 MGD but equal to or less than 5.0 MGD; (ii) a wastewater works using advanced waste treatment methods consisting of but not limited to ammonia stripping, breaking chlorination, carbon adsorption, chemical coagulation, flocculation, precipitation, filtration, demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a design capacity greater than 0.1 MGD but equal to or less than 2.5 MGD; or (iii) a wastewater works classified by DEQ or VDH as a Class 2 wastewater works. A Class 3 facility is (i) a wastewater works using biological treatment methods consisting of but not limited to suspended growth reactors, aerated lagoons, constructed wetlands, filters or other attached growth contactors, processes utilizing biological nutrient control, or processes utilizing land treatment having a design hydraulic capacity greater than 0.04 MGD, but equal to or less than 0.5 MGD; (ii) a wastewater works using natural treatment methods (land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1.0 MGD; (iii) a wastewater works using advanced waste treatment methods consisting of but not limited to ammonia stripping, breakpoint chlorination, carbon adsorption, chemical coagulation, flocculation, precipitation, filtration, or demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) having a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 0.1 MGD; or (iv) a wastewater works classified by DEQ or VDH as a Class 3 wastewater works. A Class 4 facility is (i) a wastewater works employing biological mechanical methods (i.e., mechanical treatment process defined as those containing aerated and mixed flows using electrical or outside energy sources) with a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 0.04 MGD; (ii) a wastewater works using natural treatment methods (land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1.0 MGD; or (iii) a wastewater works classified by DEQ or VDH as a Class 4 wastewater works.

Estimated Benefits and Costs:

Examinations and reinstatement. Under the current regulation, an applicant has 12 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 12 months of approval results in the applicant being required to submit a new application to be considered for licensure. The proposed increase in the time that an applicant has to pass the board-approved examination once an application has been approved from 12 to 24 months would save applicants who need the extra time from paying another $100 application fee as well as the time associated with assembling and sending another application. Currently, individuals who were previously licensed, but allowed the license to expire and lapse, must retake the licensure examination. The proposal to state that an examination score received by an applicant is valid for a period of 10 years from the date of the examination would be beneficial in that it would allow some such individuals to regain licensure without having to retake the examination. Under the current regulation, a license may be reinstated for up to one year following the expiration date of the license. An individual who fails to reinstate the license within 12 months after the expiration date must apply for a new license and meet entry requirements in effect at the time of the submittal of the new application. The proposal to increase the reinstatement period for licenses from one year to 24 months would likely enable individuals to resume practicing legally more quickly as they would not need to wait for a new license to be approved. It would not result in fee savings though, as the reinstatement fee is $105 and the new license fee is $100.

Disclosures. Under the current regulation, licensure applicants must disclose all felony convictions regardless of when they occurred and all misdemeanor convictions (except for marijuana) that occurred within three years of the date of application. By no longer requiring disclosure of felony convictions that occurred more than 20 years from the date of application, or misdemeanor convictions that do not involve lying, cheating, or stealing, applicant time tracking down specific information about the convictions and Department of Professional and Occupational Regulation (DPOR) staff time reviewing the applications could be saved.

Experience requirements. Under the current regulation, Class 6 waterworks licensure requires at least six months of experience at a Class 6 or higher waterworks facility for those with a high school diploma or equivalent, or one year of experience at a Class 6 or higher waterworks for those without a high school diploma or equivalent. Class 5 waterworks licensure requires at least six months of experience at a Class 5 or higher waterworks facility for those with a high school diploma or equivalent, or one year of experience at a Class 5 or higher waterworks for those without a high school diploma or equivalent. Experience can be gained as an operator-in-training at a facility for which the operator is not yet licensed, under the direct supervision of an operator holding a valid license. For both Class 6 and Class 5, the board proposes to reduce the required minimum experience to three months for those with a high school diploma or equivalent and six months for those without a high school diploma or equivalent. Under the current regulation, Class 3 licensure for both professions (waterworks and wastewater works) requires at least nine months of experience in the same profession at a Class 4 or higher facility for those with an associate's degree, or three years of experience in the same profession at a Class 3 or higher facility for those without a high school diploma or equivalent. The board proposes to reduce the required minimum experience to six months for those with an associate's degree and 18 months for those without a high school diploma or equivalent. Additionally, the board proposes to allow experience at a Class 4 facility to count toward the experience requirement for those without a high school diploma or equivalent. Under the current regulation, Class 2 licensure for both professions requires at least 18 months of experience in the same profession at a Class 3 or higher facility for those with an associate's degree, or five years of experience at a Class 2 or higher facility for those without a high school diploma or equivalent. The board proposes to reduce the required minimum experience to one year for those with an associate's degree and three years for those without a high school diploma or equivalent. Additionally, the board proposes to allow experience at a Class 3 facility to count toward the experience requirement for those without a high school diploma or equivalent. Under the current regulation, Class 1 licensure for both professions requires at least two years of experience in the same profession at a Class 2 or higher facility for those with a bachelor's or master's degree, three years of experience at a Class 2 or higher facility for those with an associate's degree, four years of experience at a Class 2 or higher facility for those with a high school diploma or equivalent, or nine years of experience at a Class 2 or higher facility for those without a high school diploma or equivalent. The board proposes to reduce the required minimum experience to 18 months for those with a bachelor's, master's, or associate's degree, three years for those with a high school diploma or equivalent, and four years for those without a high school diploma or equivalent. Under the current regulation, for some licensure classes and educational backgrounds, up to half of the minimum experience requirements can be satisfied by substituting experience in the other profession so long as the experience was gained in an equivalent or higher class of facility. Also, education may substitute for part of the required experience in the category of license applied for at a rate of one month of experience credit for each semester hour of college credit. Coursework must be relevant to the category and classification of the license sought. The college credit must be from an accredited college or university that is approved or accredited by a regional or national accreditation association, or by an accreditation agency that is recognized by the U.S. Secretary of Education. Board-approved waterworks or wastewater works operator training courses may be utilized for experience at a rate of one month experience for each training credit approved by the board. In total, substitutions may not exceed 50% of the total experience required for licensure. The board proposes to allow Class 4 applicants without a high diploma or equivalent and Class 3 applicants with a bachelor's, master's, or associate's degree to utilize substitutions for minimum experience. The proposal to reduce the minimum experience requirements, add facilities at which experience can count toward the minimum experience requirements and allow additional applicants to utilize substitutions for minimum experience all make it easier for professionals to qualify for higher classes and the initial classes for Class 6 waterworks and Class 4 wastewater works. This would likely increase the supply of individuals qualified for licensure.

Science and math. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree must have specific elements as part of the degree: (i) a bachelor's or master's degree in engineering or engineering technology in a related physical, biological, environmental, or chemical science; (ii) a bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum 40 semester credit hours in any combination of science and math; (iii) a master's degree in a related physical, biological, environmental, or chemical science and a bachelor's degree in any major such that the combined degrees include a minimum 40 semester credit hours in any combination of science and math; or (iv) an associate's degree in waterworks, wastewater works, or a related physical, biological, environmental, or chemical science that includes a minimum of 20 credit hours in any combination of science and math. For the second and third pathways, the board proposes to reduce the minimum number of semester credit hours in any combination of science and math from 40 to 32. For the fourth pathway, the board proposes to reduce the minimum number of semester credit hours in any combination of science and math from 20 to 16. These proposed changes make it easier for some professionals to qualify for Classes 1, 2, and 3 for both professions. This would likely increase the supply of individuals qualified for Classes 1, 2, and 3 licensure.

Renewal notice. According to DPOR, the board does not currently distribute renewal notifications through email. The current regulation states that "Prior to the expiration date shown on the license, the board shall mail a renewal notice to the licensee's address of record." The board proposes to replace "shall mail" with "will send." This would facilitate faster notifications through electronic means and reduce postal costs.

CPE contact hours. Under the current regulation, Class 1, Class 2, and Class 3 operators must obtain a minimum of 20 CPE contact hours; Class 4 operators must obtain a minimum of 16 CPE contact hours; Class 5 waterworks operators must obtain a minimum of eight CPE contact hours; and Class 6 waterworks operators must obtain a minimum of four CPE contact hours within the two-year licensure period in order to renew their license. The board proposes to reduce the required minimum CPE contact hours to 18 for Class 1, Class 2, and Class 3, and six for Class 5 waterworks operators. The required minimum CPE contact hours would not change for Class 4 operators and Class 6 waterworks operators. The current regulation states that "Of the total 20 hours required, a minimum of five contact hours pertaining to utility management is required of Class 1 and Class 2 waterworks operators." In addition to reducing the required total minimum contact hours from 20 to 18, the board also proposes to commensurately reduce the required minimum contact hours pertaining to utility management from five to four. The current regulation also states that "Safety subjects shall not count for more than one-half of the total required CPE hours." The board wishes to place greater emphasis on other approved topics and proposes to reduce the cap on safety subjects to 25% of the total required CPE hours. The regulation allows licensees to receive two hours of CPE no more than once during a single licensing renewal cycle for the initial development or substantial updating of a CPE course. The board proposes to increase the credit to four hours of CPE. Reducing the required number of CPE hours for license renewal reduces costs for licensees. Examples of costs for CPE courses from providers included by DPOR include At Your Pace Online:³ $19 for one-hour course, $20 for two-hour course, $50 for five-hour and six-hour courses, etc., and American Water College:⁴ $59.95 for four-hour course, $109.95 for eight-hour course, etc. Thus, by reducing required CPE by two hours, licensees could save approximately $20 in fees plus the value of two hours of their time. The most recent edition of the U.S. Bureau of Labor Statistics State Occupational Employment and Wage Estimates⁵ indicates that the mean hourly wage for water and wastewater treatment plant and system operators in Virginia is $27.91. Valuing their time by the average wage, $55.82 in time would be saved by reducing required CPE by two hours. While Class 1, Class 2, and Class 3, and Class 5 operators would have savings, providers of CPE would commensurately lose some business.

Training courses. The current regulation requires that training courses be approved by the board prior to commencing. This is replaced in the proposed regulation by a statement that credit for a course will not be awarded until a course is approved by the board. This is less restrictive as training courses could be approved retroactively. If a licensee does choose to take a training course that is not yet approved, the licensee would assume the risk of potentially wasting their time and money if the board does not subsequently approve it. The board proposes to reduce required training course provider record retention from seven years to five years. This would modestly reduce costs for training providers.

Reporting. The board proposes to increase from 30 days to 90 days the time within which training providers must report changes in information that is required to be sent to the board and increase from 30 days to 60 days the time within which licensees must report changes of name or address. This is moderately beneficial for training providers and operators. The board also proposes to no longer require that licensees inform the board of all licenses, certificates, or registrations affected by an address change. This would save operators time. The current regulation requires that "A licensee who has direct knowledge that another individual may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia shall immediately inform the board in writing..." The board proposes to strike this requirement, which would reduce some burden on licensees but may also reduce the likelihood wrongdoing is found and remedied.

Financial considerations and gratuities. The current regulation prohibits both (i) soliciting or accepting financial or other valuable consideration from material or equipment suppliers in exchange for specifying their products or services and (ii) soliciting or accepting gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee is responsible. The board proposes to append to both "unless the circumstances are fully disclosed to and agreed to by all interested parties in writing." This could be financially beneficial for licensees who choose to accept considerations or gratuities. Otherwise, the impact of these proposed changes is unclear.

Facility classifications. The current regulation includes descriptions of waterworks and wastewater works facility classifications. The board proposes to remove the descriptions and instead include references to the VDH⁶ and DEQ⁷ regulations, respectively, where the descriptions are also contained. This would add time for interested readers to find the information, but if VDH or DEQ amend the descriptions, having the references rather than text in the DPOR regulation would avoid having inconsistent information and the need for DPOR to start a time-consuming regulatory action to regain consistency.

Businesses and Other Entities Affected. The proposed amendments affect the 2,044 licensed wastewater works operators, 2,215 licensed waterworks operators, licensure applicants, and wastewater works and waterworks facilities.⁸ There are 71 Class 1, 119 Class 2, 198 Class 3, and 120 Class 4 wastewater works facilities;⁹ and 36 Class 1, 77 Class 2, 42 Class 3, 286 Class 4, 277 Class 5, and 893 Class 6 waterworks facilities.¹⁰ The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹¹ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.¹² While the proposed reductions in required CPE hours are beneficial for licensees, they would likely reduce business for some training providers. Thus, an adverse impact is indicated for training providers.

Small Businesses¹³ Affected.¹⁴

Types and Estimated Number of Small Businesses Affected: According to DPOR, there are currently 23 board-approved specialized training programs and courses, most of which are likely small businesses.

Costs and Other Effects: Proposed amendments would likely reduce hiring costs for small waterworks and wastewater works and reduce business for some small training providers. Operator licenses are issued to individuals, not business entities. However, according to DPOR, many licensed waterworks and wastewater works professionals are likely owners or employees of business entities that meet the definition of small business.

Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities¹⁵ Affected.¹⁶ The proposed amendments neither disproportionately affect particular localities nor increase costs for local governments.

Projected Impact on Employment. The proposed amendments that make it easier for professionals to qualify for higher operator classes and the initial classes for Class 6 waterworks and Class 4 wastewater works may make it easier to fill vacancies by expanding the supply of qualified operators. This may moderately increase the number of individuals who are employed.

Effects on the Use and Value of Private Property. The proposed amendments that are likely to increase the supply of qualified operators may moderately reduce hiring costs for waterworks and wastewater works, moderately increasing their value. The proposed reduction in required CPE hours would likely moderately reduce business for some training providers, which may moderately reduce their value. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² In this document, if neither waterworks nor wastewater works are specified, then the statement applies to both professions..

³ See https://www.aypotech.com/virginia-water-operator-continuing-education.

⁴ See https://www.americanwatercollege.org/virginia/.

⁵ See https://www.bls.gov/oes/current/oes518031.htm.

⁶ Waterworks Regulations (12VAC5-590)..

⁷ Sewage Collection and Treatment Regulations (9VAC25-790). Note, the DEQ regulation uses Roman numerals instead of Arabic numerals when referring to licensure classes.

⁸ Data source: Department of Professional and Occupational Regulation.

⁹ Data source: DEQ.

¹⁰ Data source: VDH.

¹¹ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹² Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

¹³ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹⁴ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁵ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁶ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments revise (i) entry requirements for waterworks and wastewater works operators, (ii) continuing education requirements for renewal of licenses, (iii) requirements for board approval of training courses, and (iv) standards of practice and conduct.

18VAC160-30-10. Definitions.

A. Section 54.1-2300 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Onsite sewage system"

"Operator"

"Owner"

"Wastewater works"

"Waterworks"

B. The following words, terms, and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the address designated by the licensee to receive notices and correspondence from the board.

"Applicant" means an individual who submits has submitted an application with the appropriate fee and other required documentation for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Category" means a profession under the board's purview, which includes waterworks and wastewater works as applicable to the licensure of waterworks and wastewater works operators.

"Classification" means the division within each category of license as it relates to the classified facility. Class 1 represents the highest classification for each category of license.

"Contact hour" means 50 minutes of participation in a structured training activity.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"DEQ" means the Virginia Department of Environmental Quality.

"Direct supervision" means being immediately available and fully responsible for the provision of waterworks and wastewater works operation regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

"Direct supervisor" means a licensed waterworks or wastewater works operator who assumes the responsibility of direct supervision.

"Licensee" means an individual holding a valid license issued by the board.

"Licensure" means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without such license.

"Maintenance" or "maintain" means performing adjustments to equipment and controls and in-kind replacement and cleaning of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis.

"Master alternative onsite sewage system operator" means an individual licensed by the board who possesses the minimum skills and competency to operate and maintain conventional and alternative onsite sewage systems.

"Operate" means the act of (i) placing into or taking out of service a unit process or unit processes or (ii) making or causing adjustments in the operation of a unit process at a waterworks or wastewater works.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Training credit" means a unit of board-approved training or formal education completed by an individual that may be used to substitute for experience when applying for a license.

"Treatment works" means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes including pumping power and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the treatment processes or (ii) used for ultimate disposal or residues or effluent resulting from such treatment.

"VDH" means the Virginia Department of Health.

18VAC160-30-20. Application procedures.

A. All applicants seeking licensure shall will submit an application with the appropriate fee specified in 18VAC160-30-40. Application shall will be made on forms provided by the board or its agent.

1. By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall must be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all required documents are received by the board. An No applicant will not be permitted to sit for the applicable board-approved examination until the application is complete and approved.

C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application. An applicant has 12 24 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 12 24 months of approval will result in the applicant being required to submit a new application to be considered for licensure.

D. The applicant shall must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application or examination period.

18VAC160-30-30. General fee requirements.

All fees are nonrefundable and shall will not be prorated. The date on which the fee is received by the department or its the department's agent will determine whether the fee is on time. Checks or money orders shall must be made payable to the Treasurer of Virginia.

18VAC160-30-40. Fee schedule.

Fees for a waterworks operator or a wastewater works operator license are as provided in this section.

Fee Type	Fee Amount	When Due
Initial application (for each profession, class, and category of license)	$100	With application
Renewal (for each profession, class, and category of license)	$80	With renewal application
Reinstatement (for each profession, class, and category of license)	$105 (renewal fee + $25 reinstatement fee)	With reinstatement application

For wastewater works operator licenses expiring on February 28, 2018, and waterworks operator licenses expiring on February 28, 2019, the renewal fee shall be $50. For reinstatement applications received after February 28, 2018, and on or before February 29, 2020, the total reinstatement fee shall be $75.

18VAC160-30-50. Examination fee.

The fee fees for examination or reexamination is all examinations are subject to charges to the department by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

18VAC160-30-60. General requirements for licensure.

A. In addition to the specific qualifications for each category and classification of licensure, each applicant for licensure shall must meet the requirements provided in this section.

1. B. The applicant shall must be at least 18 years old of age.

2. C. The applicant shall disclose the applicant's must provide a mailing address, which will serve as the address of record. A post office box is only acceptable as a mailing the address of record when a physical address is also provided.

3. D. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information.

a. 1. All felony convictions that occurred within 20 years of the date of application.

b. 2. All misdemeanor convictions involving lying, cheating, or stealing, except marijuana convictions, in any jurisdiction that occurred within three years of the date of application.

Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

B. The board, at in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et. seq. of the Code of Virginia).

C. E. The applicant shall must report any suspension, revocation, or surrender of a license, certification, or registration in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, at in its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrenders of licenses based on disciplinary action by for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act.

F. The applicant for licensure must be in compliance with the standards of conduct and practice set forth in Part VI (18VAC160-30-290 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

18VAC160-30-70. Examination procedures and conduct.

A. Upon approval of the application, the board will notify the applicant of his the applicant's eligibility to take the applicable examination. The license will not be issued prior to receipt of a passing score for the applicable examination.

B. An applicant who does not receive a passing score within one year 24 months after the date of approval of the application by the board to sit for the examination, must submit a new application and meet the entry requirements in effect at the time of submittal of the new application.

C. The applicant shall must follow all rules established by the board with regard to conduct at the examination. Such rules shall include all written instructions communicated prior to the examination date and all instructions communicated at the site, either written or oral, on the date of examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination may be grounds for denial of the application, or voiding of examination scores, or any combination thereof.

D. The passing examination score received by an applicant for the category and class of license for which the applicant has applied is valid for a period of 10 years from the date of the examination.

18VAC160-30-80. Individuals certified or licensed in another jurisdiction.

An applicant holding a valid an active, current license or certificate in another jurisdiction who meets the requirements of this chapter, including having equivalent experience and education, shall must pass a board-approved examination to become licensed.

18VAC160-30-90. License required.

A. No individual shall serve as the operator of will operate a waterworks or wastewater works without possessing a valid category of license issued by the board in a classification equal to or greater than the classification of the applicable waterworks or wastewater works.

B. An individual cannot simultaneously hold two licenses of different classifications in the same category.

C. Experience used to qualify for licensure must be obtained under the direct supervision of an operator holding a valid license of the same category and of a classification equal to or higher than the classification of the waterworks or wastewater works at which the experience was gained.

D. Experience operating and maintaining water distribution systems shall only be considered for Class 5 or Class 6 waterworks operator license applicants.

E. Experience limited solely to the operation and maintenance of wastewater collection systems, laboratory work, plant maintenance, and other nonoperating duties shall not be counted as experience as an operator or an operator-in-training.

F. B. Provisional licensure alone shall will not authorize an individual to serve as the operator of operate a classified waterworks or wastewater works facility.

18VAC160-30-95. Qualifying experience.

A. Experience used to qualify for licensure must be obtained under the direct supervision of an operator holding a valid license of the same category and of a classification equal to or higher than the classification of the waterworks or wastewater works at which the experience was gained.

B. The direct supervisor must certify the applicant's experience on the application as accurate and relevant to the classification and category of license for which licensure is sought. In the event that a licensed operator is not available to certify the experience of the applicant, the experience may be certified by a representative of the facility owner with first-hand knowledge of the applicant's experience.

C. Experience operating and maintaining water distribution systems will only be considered for Class 5 or Class 6 waterworks operator license applicants.

D. Experience limited solely to nonoperating duties will not be counted as experience as an operator or an operator-in-training.

E. The board will accept an applicant's experience obtained in a previously unclassified wastewater treatment facility that has recently been classified as requiring a licensed Class 3 or Class 4 operator, provided that (i) the application includes verification from the appropriate DEQ regional office that the operator license requirement is a new requirement and (ii) the applicant's experience is verified by the owner of the facility.

18VAC160-30-100. Full-time experience or equivalent.

For the purposes of this part, experience requirements are expressed in terms of calendar periods of full-time employment as an operator or as an operator-in-training at a waterworks or wastewater works in the same category for which licensure is sought pursuant to this chapter.

1. A year of full-time employment is defined as a minimum of 1,760 hours during a 12-month period or a minimum of 220 workdays in a 12-month period. A workday is defined as attendance at a waterworks or wastewater works to the extent required for proper operation. More than 1,760 hours or 220 workdays during a 12-month period will not be considered as more than one year of full-time employment.

2. Partial credit may be given for actual hours of work experience if the applicant works as an operator or as an operator-in-training less than full time.

18VAC160-30-110. Qualifications for examination approval.

A. An applicant for licensure as a waterworks or wastewater works operator shall furnish acceptable documentation that one of the following qualifications has been met.

TABLE 1 Waterworks and Wastewater Works Operator Experience and Education
Classes	Education Required	Current License	Minimum Experience	Facility Type	Experience with Substitutions
Class 6 (Waterworks Operator Only)	High school diploma or GED equivalent	N/A	Six Three months	Class 6 or higher facility	N/A
	No high school diploma or GED equivalent	N/A	One year Six months	Class 6 or higher facility	N/A
Class 5 (Waterworks Operator Only)	High school diploma or GED equivalent	N/A	Six Three months	Class 5 or higher facility	N/A
	No high school diploma or GED equivalent	N/A	One year Six months	Class 5 or higher facility	N/A
Class 4	High school diploma or GED equivalent	N/A	Six months	Class 4 or higher facility	N/A
	No high school diploma or GED equivalent	N/A	One year	Class 4 or higher facility	N/A Six months
Class 3	Bachelor's or, master's, or associate's degree	N/A	Six months	Class 4 or higher facility	N/A Three months
	Associate's degree	N/A	Nine months	Class 4 or higher facility	Six months
	High school diploma or GED equivalent	N/A	One year	Class 4 or higher facility	Six months
	No high school diploma or GED equivalent	Class 4 license N/A	Three One and one-half years	Class 3 4 or higher facility	One and one-half years Nine months
Class 2	Bachelor's or, master's, or associate's degree	N/A	One year	Class 3 or higher facility	Six months
	Associate's degree	N/A	18 months	Class 3 or higher facility	Nine months
	High school diploma or GED equivalent	N/A	Two years	Class 3 or higher facility	One year
	No High school diploma or GED equivalent	Class 3 license	Five Three years	Class 2 3 or higher facility	Three One and one-half years
Class 1	Bachelor's or, master's, or associate's degree	Class 2 license	Two One and one-half years	Class 2 or higher facility	One year Nine months
	Associate's degree	Class 2 license	Three years	Class 2 or higher facility	One and one-half years
	High school diploma or GED equivalent	Class 2 license	Four Three years	Class 2 or higher facility	Two One and one-half years
	No high school diploma or GED equivalent	Class 2 license	Nine Four years	Class 2 or higher facility	Four and one-half Two years
Where applicable, the current license held, minimum experience, and the facility type must coincide with the category of license for which the application is being submitted.

B. The direct supervisor shall certify the experience on the application form as accurate and relevant to the classification and category of license for which is being submitted. In the event that a licensed operator is not available to certify the experience of the applicant, the experience may be certified by a representative of the facility owner with first-hand knowledge of the applicant's experience.

18VAC160-30-120. Provisional licensure for nonclassified facility operation.

An applicant for licensure as a provisional waterworks or wastewater works operator shall must furnish acceptable documentation of having met all of the requirements of 18VAC160-30-110, except that the experience requirement may be met through experience gained as an operator or operator-in-training of a nonclassified facility. Such experience must be gained under the following conditions:

1. The experience is obtained at a nonclassified facility that is comparable in size and in treatment process as described in 18VAC160-30-360 and 18VAC160-30-370, as applicable.

2. The experience is obtained while performing nonclassified facility operation duties that provide experience comparable to that obtained at a classified facility. Experience operating and maintaining water distribution systems shall only be considered for a Class 5 or Class 6 provisional waterworks operator license. Experience limited solely to the operation and maintenance of wastewater collection system, laboratory work, plant maintenance, and other nonoperating duties shall will not be counted as experience as a provisional operator or operator-in-training.

3. Any individual holding a provisional license may apply for licensure by submitting evidence of having met 50% of the experience required by 18VAC160-30-110 and submitting the appropriate application.

18VAC160-30-130. Experience substitutions.

A. Experience obtained as a licensed alternative onsite sewage system operator before April 1, 2017, or a master alternative onsite sewage system operator may be substituted for the Class 4 wastewater works operator-in-training experience requirements.

B. 18VAC160-30-110 A provides the maximum experience substitutions that may be applied for each applicable class of license.

1. Experience gained in either waterworks or wastewater works operations may be substituted for up to one-half 50% of the required experience in the alternate category so long as the experience was gained in an equivalent or higher class of facility.

2. Education may substitute for part of the required experience in the category of license applied for at a rate of one month of experience credit for each semester hour of college credit. Coursework must be relevant to the category and classification of the license being sought. The college credit must be from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, a regional or national accreditation association, or by an accreditation agency that is recognized by the U.S. Secretary of Education.

3. Board-approved waterworks or wastewater works operator training courses may be utilized for experience at a rate of one month experience for each training credit approved by the board.

C. Substitutions shall not exceed 50% of the total experience required for licensure.

18VAC160-30-140. Education.

A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree shall must submit an official a transcript from the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered. Formal education used to meet a specific education requirement for license entry cannot also be used as a training credit for experience substitution.

B. The following degrees shall will be considered to qualify in accordance with 18VAC160-30-110:

1. Bachelor's or master's degree in engineering or engineering technology in a related physical, biological, environmental, or chemical science;

2. Bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum 40 32 semester credit hours in any combination of science and math;

3. Master's degree in a related physical, biological, environmental, or chemical science, and a bachelor's degree in any major such that the combined degrees include a minimum 40 32 semester credit hours in any combination of science and math; or

4. Associate's degree in waterworks, in wastewater works, or in a related physical, biological, environmental, or chemical science that includes a minimum of 20 16 credit hours in any combination of science and math.

C. Formal education used to meet a specific education requirement for license entry cannot also be used as a training credit for experience substitution.

18VAC160-30-150. Expiration and renewal.

A. Licenses for waterworks operators shall will expire on the last day of February of each odd-numbered year. Licenses for wastewater works operators shall will expire on the last day of February of each even-numbered year.

B. Prior to the license expiration date shown on the license, the board shall mail will send a renewal notice to the licensee's address of record. The licensee shall must return to the board a renewal notice and the applicable renewal fee. Failure to receive a renewal notice from the board does not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the license may be submitted with the required fee as an application for renewal.

C. By submitting the renewal or reinstatement fee, the licensee is certifying his continued compliance with the Standards of Practice and Conduct (Part VI (18VAC160-30-290 et seq.)) of this chapter, as established by the board. In addition, by submitting the renewal or reinstatement fee, licensees are certifying compliance with the continuing professional education requirements of this chapter.

18VAC160-30-160. Reinstatement.

A. If all of the requirements for renewal of the license as specified in 18VAC160-30-150 are not completed within 30 days of the license expiration date, a reinstatement fee shall be is required as established in 18VAC160-30-40.

B. A license may be reinstated for up to one year 24 months following the expiration date of the license. An individual who fails to reinstate the license within 12 24 months after the expiration date shall must apply for a new license and meet entry requirements in effect at the time of the submittal of the new application. Such individual shall be deemed to be eligible to sit for the examination for the same category and classification of license as the expired license.

C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to the prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC160-30-170. Status of license during period prior to reinstatement.

A licensee who applies for reinstatement of the reinstates a license shall will be subject to all laws and regulations as if the licensee had been continuously licensed without interruption. The licensee shall will remain under and be subject to the disciplinary authority of the board during this entire period.

18VAC160-30-180. Board discretion to deny renewal or reinstatement.

A. The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a licensee. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The board may deny renewal or reinstatement of a license if the licensee has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure, has not satisfied all sanctions, or has not fully paid monetary penalties and costs imposed by the board.

18VAC160-30-190. Continuing professional education.

A. Each licensee shall must have completed the following number of continuing professional education (CPE) contact hours during each renewal cycle. CPE provisions do not apply for the renewal of licenses that were held for less than two years on the date of expiration.

1. Class 1, Class 2, and Class 3 waterworks and wastewater works operators shall must obtain a minimum of 20 18 contact hours.

2. Class 4 waterworks and wastewater works operators shall must obtain a minimum of 16 contact hours.

3. Class 5 waterworks operators shall must obtain a minimum of eight six contact hours.

4. Class 6 waterworks operators shall must obtain a minimum of four contact hours.

B. CPE contact hours completed during the license period immediately prior to the expiration date of the license shall be acceptable in order to renew the license The licensee may request additional time to meet the CPE requirement. However, CPE contact hours completed during a current licensing renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle shall will be valid only for that preceding license renewal cycle and shall will not be accepted for any subsequent renewal cycles. The grant of any request for additional time to meet the CPE requirement is at the discretion of the board.

C. The licensee will not receive CPE credit for completing the same continuing education course with the same content more than once during a license period renewal cycle.

D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit shall will not be given for subsequent offerings of a course or activity with the same content within the same licensing renewal cycle. In addition, a licensee may receive two four hours of CPE no more than once during a single licensing renewal cycle for the initial development or substantial updating of a CPE course.

E. Safety subjects shall will not count for more than one-half 25% of the total required CPE hours.

18VAC160-30-200. CPE subject matter for waterworks operators.

A. The following course topics will be accepted for CPE credit for waterworks operators:

1. Waterworks operations;

2. Monitoring, evaluating, and adjusting treatment processes and systems, including technology;

3. Operating and maintaining equipment;

4. Security and safety procedures;

5. General science and mathematical principles;

6. Administrative processes and procedures applicable to licensure; and

7. Laws and regulations applicable to the profession.

B. Of the total 20 18 hours required, a minimum of five four contact hours pertaining to utility management is required of Class 1 and Class 2 waterworks operators.

18VAC160-30-210. CPE subject matter for wastewater works operators.

A. The following course topics will be accepted for CPE credit for wastewater works operators:

1. Wastewater works operations;

2. Monitoring, evaluating, and adjusting treatment processes and systems, including technology;

3. Operating and maintaining equipment;

4. Security and safety procedures;

5. General science and mathematical principles;

6. Administrative processes and procedures applicable to licensure; and

7. Laws and regulations applicable to the profession.

B. Of the total 20 18 hours required, a minimum of five four contact hours pertaining to utility management is required of Class 1 and Class 2 wastewater works operators.

18VAC160-30-220. Use of training credits and formal education for CPE credit.

Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in Part V (18VAC160-30-240 et seq.) of this chapter, shall will also be acceptable on an hour-for-hour basis for CPE contact hours. One semester hour of college credit shall equal equals 15 CPE contact hours, and one-quarter hour of college credit shall equal 10 CPE credit hours.

18VAC160-30-230. Maintenance of CPE.

A. For a period of at least two years following the end of the license renewal cycle for which the CPE was taken, the following evidence shall must be maintained to document completion of the required hours of CPE:

1. Evidence of completion of a structured training activity, which shall must consist of the name, address, and telephone number contact information of the sponsor;

2. The dates the licensee participated in the training;

3. Description of the subject matter presented; and

4. A statement from the sponsor verifying the number of hours completed.

B. The board may conduct an audit of its licensees to ensure compliance with the applicable CPE requirements. Licensees who are selected for audit shall must provide the necessary documentation stipulated in this section.

18VAC160-30-235. Training courses, generally.

In accordance with 18VAC160-30-110, training courses approved by the board may be substituted for experience. All training courses must be approved by the board in accordance with the provisions of this part. Training courses may be delivered using distance, virtual, or online education technology. Training courses may be approved retroactively; however, no applicant will receive credit for the training course until such approval is granted by the board.

1. Up to one training credit will be awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercises and field trip contact time. Training credit will not be earned for breaks, meals, or receptions. A training credit awarded is equivalent to one month of experience.

2. Training courses that meet the requirements of 18VAC160-30-280 may be accepted for substitution of experience without approval by the board.

18VAC160-30-240. Approval of training courses.

A. Training courses may be substituted for experience pursuant to the provisions of Part II (18VAC160-30-20 et seq.) of this chapter. With the exception of training courses provided pursuant to 18VAC160-30-280, training courses that may be substituted for required experience must be approved by the board prior to commencing.

B. Each A training provider seeking approval of a training course approval shall must submit an application for training course approval on a form provided by the board. Only classroom, laboratory, and field trip contact time will be used to compute training credits. No credit will be given for breaks, meals, or receptions.

1. Organization. The board will only approve training offered by a provider that is an identifiable organization with a mission statement outlining its functions, structure, process, and philosophy and that has a staff of one or more persons with the authority to administer and coordinate a training course.

2. Training course records. The board will only approve training offered by a provider that maintains training course records for all participants for a minimum of seven years and that has a written policy on retention and release of training course records.

3. Instructors. The board will only approve training conducted by personnel who have demonstrated competence in the subject being taught, an understanding of the learning objective, and knowledge of the learning process to be used.

4. Objectives. The board will only approve courses that have a series of stated objectives that are pertinent to the tasks performed by a licensee. The training course content must be consistent with those objectives.

5. Course completion requirements. For successful completion of a training course, participants must attend 90% or more of the class contact time and must demonstrate their learning through written examinations, completion of a project, oral examination, or other similar assessment technique.

The application must include:

1. The name of the training provider;

2. Provider contact person, address, email address, and telephone number;

3. Training course title;

4. Identification of the profession, category, and class of license to which the course is applicable;

5. Method of delivery;

6. Detailed course schedule, including start and end times and a list of planned breaks;

7. Instructor qualifications, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;

8. Training course syllabus or outline;

9. Materials to be provided to participants; and

10. A description of the means that will be used to assess the learning of each participant to determine successful completion of the training course, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

18VAC160-30-250. Application for training course approval. (Repealed.)

A. The board shall consider the following information, to be submitted by the course provider or instructor on forms provided by the board:

1. Course information.

a. Course title;

b. Planned audience;

c. Name of provider;

d. Name, physical address, email address, and phone number of contact person;

e. Scheduled presentation dates;

f. Detailed course schedule, hour-by-hour, including start and ending times;

g. List of planned breaks;

h. Scheduled presentation location; and

i. Identification of the category and classification of license to which the course is applicable and relevancy to the identified license type.

2. Instructor qualifications.

a. Name of instructor;

b. Title;

c. Employer;

d. Board license number or numbers, if applicable; and

e. Summary of qualifications to teach the course.

3. Training materials.

a. Course objectives. A listing of the course objectives stated in terms of the skills and knowledge the participant will be able to demonstrate as a result of the training.

b. Course outline. A detailed outline showing the planned activities that will occur during the training course, including major topics, planned presentation sequence, laboratory and field activities, audiovisual presentation, and other major activities.

c. Course reference materials. A list of the name, publisher, and publication date for commercially available publications. For reference materials developed by the course provider or available exclusively through the course, a copy of the reference.

d. Audiovisual support materials. A listing of any commercially available audiovisual support material that will be used in the program. A brief description of any provider or instructor generated audiovisual material that will be used.

e. Handouts. Identification of all commercially available handout materials that will be used, as well as copies of all other planned handouts.

4. Determination of successful completion. A description of the means that will be used to assess the learning of each participant to determine successful completion of the training program, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

B. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if so requested by the provider.

1. The board shall consider all of the information listed in subsection A of this section except those items related to specific offerings of the course.

2. Board approval will apply only to those specific offerings certified by the provider as having been conducted by instructors meeting the established criteria and in accordance with the board-approved course outlines and objectives.

18VAC160-30-255. Documentation of training course completion required.

All training course providers must provide each participant with a certificate of training course completion or other documentation that the participant may use as proof of training course completion. Such documentation must contain the hours completed, the date of training, and the training course identification number assigned by the board.

18VAC160-30-260. Maintenance of training approval records.

A. At times established by the board, the board may require that course providers that have previously obtained course approval provide the board with evidence, in a form set forth by the board, that the provider continues to comply with the requirements of this chapter. Failure to continue to comply with the board's requirements or respond to such a request may result in the board withdrawing its approval.

B. Substantial modifications or changes to the information provided in 18VAC160-30-240 and 18VAC160-30-250 must be reported to the board within 30 days of the change. Failure to report the changes as required may result in the withdrawal of approval by the board.

C. Any change of the address of the training provider shall be reported in writing within 30 days of the change.

D. The board may conduct an audit of the training provider to ensure compliance with this chapter.

All providers of approved training course must establish and maintain a record for each participant. The record must include the participant's name and address, the course name and hours attended, the course syllabus or outline, the names of the instructors, the date of successful completion, and the board's approved training course identification number. Records must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

18VAC160-30-265. Reporting of changes.

Any change in the information provided in 18VAC160-30-240 must be reported to the board within 90 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

18VAC160-30-270. Withdrawal of approval.

The board may withdraw approval of any provider a training course for the following reasons:

1. The courses course being offered no longer meet the standards established by the board.

2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive manner.

3. The provider, instructor, contact person, or designee of the provider falsifies any information relating to the application for approval, course information, and student or participant records.

4. A change in the information provided results in noncompliance with this part.

5. The provider fails to comply with 18VAC160-30-265.

6. The provider fails to respond to the board or any of its agents.

18VAC160-30-275. Board authority to audit approved training courses.

The board may conduct an audit of any board-approved training course provider to ensure continued compliance with this chapter.

18VAC160-30-280. Training Acceptance of training courses offered by certain entities; board approval not required.

A. Training courses provided by (i) federal, state, or local government agencies; (ii) accredited colleges or universities approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (iii) a regional or national accreditation association; or (iv) (iii) an accrediting agency that is recognized by the U.S. Secretary of Education do not require board approval to be used for experience substitution, provided the training course information submitted to the board includes the following:

1. The course must include the continuing education units awarded by the entity.

2. The course's subject matter must be related to the license category and classification, if applicable, for which experience substitution is sought.

B. The board may request additional information from the provider as necessary to ensure compliance with this section. If such assurance cannot be made by the board cannot ensure compliance, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.

18VAC160-30-290. Grounds for disciplinary action.

The board may place a licensee on probation in accordance with § 54.1-201 A 7 of the Code of Virginia; impose a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia; or revoke, suspend, or refuse to renew any license when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia.

18VAC160-30-300. Maintenance of license.

A. No license issued by the board shall will be assigned or otherwise transferred.

B. A licensee shall must report, in writing, all changes of address and name to the board within 30 days of the change and shall return the license to the board. In addition to the address of record, a physical address is required for each license. If the licensee holds more than one license, the licensee shall inform the board of all licenses, certificates, and registrations affected by the address change. The board shall not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's failure to report a change of address. any change of the following:

1. The licensee's legal name. Such report must be accompanied by documentation acceptable to the board that verifies the name change.

2. The licensee's address, to include the physical address when applicable.

C. Any change in any of the requirements and qualifications for licensure found in Part II (18VAC160-30-20 et seq.) or Part III (18VAC160-30-150 et seq.) of this chapter shall A change of name or address must be reported to the board within 30 60 days of the change. The board is not responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to report to the board any change of name or address.

18VAC160-30-310. Notice of adverse action.

A. Licensees shall A licensee must notify the board of the following actions against the licensee:

1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, license or certificate revocation, suspension, or denial, of a license, certificate, or registration; imposition of a monetary penalty,; requirement for to take remedial education,; or other corrective action.

2. Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another taken by any jurisdiction, board, or administrative body.

3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) misdemeanor involving lying, cheating, or stealing, sexual offense, non-marijuana drug distribution, or physical injury, or relating to the practice of the profession except marijuana convictions, or (ii) felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. The notice must be made given to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

18VAC160-30-320. Prohibited acts.

The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board.

2. Allowing a license issued by the board to be used by another.

3. 2. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining or, renewing, or reinstating a license by false or fraudulent representation.

3. Failing to report a change as required by 18VAC160-30-300.

4. A licensee having been convicted, or found guilty, in any jurisdiction or disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-30-310. Review of convictions shall will be subject to the requirements of § 54.1-204 of the Code of Virginia.

5. Failing to inform the board in writing within 30 days that the licensee was convicted, found guilty in any jurisdiction, or disciplined in by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-30-310.

6. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

7. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or any combination thereof.

8. Failing to report a change as required by 18VAC160-30-300.

9. Negligence 6. Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or having performed a professional assignment that the licensee is not qualified to perform by education, experience, or training.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to adequately supervise and review work performed by licensed or unlicensed employees under direct supervision of the licensee.

d. Failing to act in providing waterworks and wastewater works operator services in a manner that safeguards the interests of the public.

7. Actions constituting improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit when providing professional services.

b. Submitting or recording or assisting another in the submission or recording of false or misleading operational information relating to the performance and monitoring requirements of a waterworks or wastewater works.

c. Allowing a license issued by the board to be used by another.

10. Making any misrepresentation or engaging in acts of fraud or deceit in providing professional services.

11. Failing to adequately supervise and review work performed by licensed or unlicensed employees under direct supervision of the licensee.

12. Submitting or recording or assisting another in the submission or recording of false or misleading operational information relating to the performance and monitoring requirements of a waterworks or wastewater works.

13. Failing to act in providing waterworks and wastewater works operator services in a manner that safeguards the interests of the public.

18VAC160-30-330. Conflicts of interest.

The licensee shall must:

1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the licensee's judgment or the quality of service.

2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.

3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services, unless the circumstances are fully disclosed and agreed to by all interested parties in writing.

4. Not solicit or accept gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee is responsible, unless the circumstances are fully disclosed and agreed to by all interested parties in writing.

18VAC160-30-340. Licensee responsibility.

A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee shall must inform the employer or client, as applicable, of the possible consequences and notify appropriate authorities.

B. The licensee shall will not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person where there is reason to believe that person is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.

C. A licensee who has direct knowledge that another individual may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia shall immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.

18VAC160-30-350. Response to inquiry and provision of records.

A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board shall must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved, or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A licensee shall must not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.

18VAC160-30-360. Wastewater works.

A. A Class 4 wastewater works licensee may operate any wastewater works as follows:

1. A wastewater works employing biological mechanical methods (i.e., mechanical treatment process defined as those containing aerated and mixed flows using electrical or outside energy sources) with a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 0.04 MGD;

2. A wastewater works employing natural treatment methods (referenced in 9VAC25-790-870 as land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 1.0 MGD; or

3. Any classified under the Sewage Collection and Treatment Regulations (9VAC25-790) as a Class IV treatment works or any other wastewater works classified by DEQ or VDH as a Class IV or Class 4 wastewater works.

B. A Class 3 wastewater works licensee may operate any wastewater works as follows:

1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons, (iii) constructed wetlands, (iv) filters or other attached growth contactors, (v) processes utilizing biological nutrient control, or (vi) processes utilizing land treatment having a design hydraulic capacity greater than 0.04 MGD, but equal to or less than 0.5 MGD;

2. A wastewater works using natural treatment methods (referenced in 9VAC25-790-870 as land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1.0 MGD;

3. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breakpoint chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, or (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) having a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 0.1 MGD; or

4. A classified under the Sewage Collection and Treatment Regulations as a Class III or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class III or Class IV or Class 3 or Class 4 wastewater works facility.

C. A Class 2 wastewater works licensee may operate any wastewater works as follows:

1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons or constructed wetlands, (iii) filters or other attached growth contactors, (iv) processes utilizing biological nutrient control, or (v) processes utilizing land application having a design hydraulic capacity greater than 0.5 MGD but equal to or less than 5.0 MGD;

2. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breakpoint chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a hydraulic capacity greater than 0.1 MGD but equal to or less than 2.5 MGD; or

3. A classified under the Sewage Collection and Treatment Regulations as a Class II, Class III, or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class II, Class III, or Class IV or Class 2, Class 3, or Class 4 wastewater works.

D. A Class 1 wastewater works licensee may operate any wastewater works as follows:

1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons or constructed wetlands, (iii) filters or other attached growth contactors, (iv) processes utilizing biological nutrient control, (v) processes utilizing land treatment and having a hydraulic capacity greater than 5.0 MGD;

2. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breaking chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a design capacity greater than 2.5 MGD; or

3. A classified under the Sewage Collection and Treatment Regulations as a Class I, Class II, Class III, or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class I, Class II, Class III, or Class IV or Class 1, Class 2, Class 3, or Class 4 wastewater works.

18VAC160-30-370. Waterworks.

A. A Class 6 waterworks licensee may operate any waterworks as follows:

1. A waterworks serving fewer than 400 persons that provides no treatment or employs one or more of the following treatment processes: (i) hypochlorination for disinfection, (ii) corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic, or (iii) sequestration by solution feed; or

2. A classified under the VDH Waterworks Regulations (12VAC5-590) as a Class 6 waterworks or any waterworks classified by VDH as a Class 6 waterworks.

B. A Class 5 waterworks licensee may operate any waterworks as follows:

1. A waterworks serving 400 or more persons that provides no treatment or employs one or more of the following treatment processes: (i) hypochlorination for disinfection, (ii) corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic, or (iii) sequestration by solution feed; or

2. A classified under the VDH Waterworks Regulations as a Class 5 or Class 6 waterworks or any waterworks classified by VDH as a Class 5 or Class 6 waterworks.

C. A Class 4 waterworks licensee may operate any waterworks as follows:

1. A waterworks or treatment facility serving fewer than 5,000 persons or having a treatment facility capacity of less than 0.5 MGD and employing one or more of the following: (i) disinfection other than with hypochlorination, (ii) caustic soda feed, (iii) iron and manganese removal, (iv) ion exchange, (v) slow sand filtration, (vi) aeration, (vii) rechlorination other than with hypochlorination, (viii) activated carbon contactors, (ix) membrane or other filtration technologies without chemical coagulation, or (x) fluoridation with a saturator; or

2. A classified under the VDH Waterworks Regulations as a Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 4, Class 5, or Class 6 waterworks.

D. A Class 3 waterworks licensee may operate any waterworks as follows:

1. A waterworks or treatment facility serving fewer than 5,000 persons or having a treatment facility capacity less than 0.5 MGD, whichever is greater, and employing conventional filtration or chemical coagulation in combination with membrane filtration;

2. A waterworks or treatment facility serving 5,000 or more persons or having a treatment facility capacity of 0.5 MGD or more, whichever is greater, and employing one or more of the following: (i) disinfection other than with hypochlorination, (ii) caustic soda feed, (iii) iron and manganese removal, (iv) ion exchange, (v) slow sand filtration, (vi) aeration, (vii) rechlorination other than with hypochlorination, (viii) activated carbon contactors, (ix) membrane or other filtration technologies without chemical coagulation, or (x) fluoridation with a saturator or acid feed;

3. A waterworks or treatment facility employing fluoridation with other than a saturator not considered a Class 1 or Class 2 waterworks; or

4. A classified under the VDH Waterworks Regulations as a Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 3, Class 4, Class 5, or Class 6 waterworks.

E. A Class 2 waterworks licensee may operate any waterworks as follows:

1. A waterworks or treatment facility serving 5,000 or more persons but fewer than 50,000 persons or having a treatment facility capacity of 0.5 MGD or more but less than 5.0 MGD, whichever range applies, and employing rapid rate conventional filtration chemical coagulation in combination with membrane filtration;

2. A waterworks or treatment facility serving fewer than 50,000 persons or having a treatment facility capacity of less than 5.0 MGD employing high rate conventional filtration; or

3. A classified under the VDH Waterworks Regulations as a Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by the VDH as a Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks.

F. A Class 1 waterworks licensee may operate any waterworks as follows:

1. A waterworks or treatment facility serving 50,000 or more persons or having a treatment facility capacity of 5.0 MGD or more and employing conventional filtration or chemical coagulation in combination with membrane filtration; or

2. A classified under the VDH Waterworks Regulations as a Class 1, Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 1, Class 2, Class 3, Class 4, Class 5, Class 6 waterworks.