When an operator is required to make a visit to an AOSS the operator shall, at a minimum, accomplish the following:
2. Review and evaluate the operation of the AOSS, perform routine maintenance, make adjustments, and replace worn or dysfunctional components with functionally equivalent parts such that the system can reasonably be expected to return to normal operation.
12VAC5-613-50 12VAC5-613-50. Violations and enforcement.
C. Failure by any owner, operator, or person to accomplish any mandated visit, operation, maintenance, repair, monitoring, sampling, reporting, or inspection requirement prescribed by this chapter shall be a violation of this chapter.
If an owner does not authorize a repair or replacement to a system and agree to pay for such work, the operator should not be held in violation if he has provided the required reports to the owner and to VDH. Also, some repairs must be performed by installers and not all operators are licensed installers. Therefore, the operator should not be held responsible for failure of the owner and/or installer to complete necessary repairs if the operator has made the required reports.
The owner should be able to appeal a notice from the operator that a repair needs to be made prior to a notice of violation being issued. It’s possible that an unscrupulous operator could say a repair or replacement was needed when in fact no problem exists.
