Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations for Alternative Onsite Sewage Systems [12 VAC 5 ‑ 613]
Action Action to Adopt Regulations for Alternative Onsite Sewage Systems
Stage Proposed
Comment Period Ended on 2/4/2011
spacer
Previous Comment     Next Comment     Back to List of Comments
2/3/11  4:47 pm
Commenter: VOWRA

Additional VOWRA Comments
 
From the definitions:
"Operator" means any individual employed or contracted by any owner, who is licensed or certified under Chapter 23 (§ 54.1-2300et seq.) of Title 54.1 as being qualified to operate, monitor, and maintain an alternative onsite sewage system.
"Relationship with an operator" means an agreement between the owner of an AOSS and operator wherein the operator has been retained by the owner to operate the AOSS in accordance with the requirements of this chapter.
 
 
These two definitions, when considered together, imply that only the individual that is the licensed operator can operate the system. DPOR has indicated that an individual working under the direct supervision of a licensed operator can operate the system—the licensed operator is responsible for the system though. 
 
Clarification on this needs to be made so that employees under the direct supervision licensed operators can “work on” the system.
 
Further, the code would appear to say is one designated as the operator by direct employment by the owner or by direct contract between the owner and the licensed operator.  If a company has the contract without designating someone, even though the head of the company is a licensed operator, there may no be operator for the system.  Sub agreements would appear to be out as the contract would not be with a licensed operator.
CommentID: 15019