March 5, 2009

RE:  Comments to Chapter 20 18VAC160-20-10 through 150

To the Board and Staff:

Thank you for the opportunity to further comment on the above proposed regulation.

My comments are limited to the On Site Evaluator.

The Board and Staff have done an excellent job to bring three new licenses, relating to onsite wastewater systems, into the current regulation.  Two of the new designations, site evaluators (AOSE) and installers provided the additional challenge to maintain the original structure and format of the existing regulation for Water and Wastewater operators.

Please consider the following.

Pg. 1750   The definition of “Alternative onsite evaluator” is incorrect.  Typo.

There is an extensive portion of the AOSE Regulations, Part IV Conflict of Interest and Disclosure, addressing ethics.  I recommend, in addition to broadly referring to applicable portions of other regulations (such as the AOSE regs) the inclusion of the language similar to 18VAC10-20-710:

18VAC10-20-710. Conflicts of interest.

A. The regulant shall promptly and fully inform an employer or client of any business association, interest, or circumstance which may influence the professional's judgment or the quality of service.

B. The regulant shall 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.

C. The regulant shall neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services.

D. The regulant shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the regulant is responsible.

COMMENT:  The Onsite Wastewater Industry in Virginia has no real regulatory oversight and standards of conduct.  DEPOR will have to be ready to evaluate and establish standards of ethical practice, to address the myriad of interrelated business relationships across these several disciplines to protect the citizen.

Pg. 1753 18VAC160-20-82 Interim Licensure.  I agree with and support this approach, 36 months should be plenty of time to prepare for relicensure / testing.  I support relicensing / testing for all applicants.  Tests need to be comprehensive.

Pg. 1757 18VAC160-20-96 Qualifications.  I fundamentally agree with these requirements.  From interim status, I would be entering into Alternative onsite evaluator and it appears I would meet the requirements.

However I have a concern I may not meet the letter.  I have been associated with an engineer for some 15 years, and have not submitted any designs for permit in Virginia for at least three years.  I know of another designer AOSE that is in a same similar situation.  Hopefully direct supervision of a PE will also suffice.

Additionally, my AOSE activities are pretty much restricted to Loudoun County, which has never embraced the AOSE regs so I have never issued a permit through the AOSE program.

COMMENT:  The concept of grades or classes of licensure is imbedded in the current water and wastewater operator regulation and is applicable to the three new licensee designations of Onsite Sewage System Professionals.

In the case of installers, many contractors only install conventional gravity or pump to gravity gravel trench type systems.  This current role, as practiced in the industry in Virginia, is addressed in the “Class 1” Conventional Onsite Sewage System Installer.   

Similarly, a contractor, plumber, or septic tank pumper currently makes repairs, pump tanks, clean filters etc..  This current role, as practiced in the industry in Virginia, is addressed in the “Class 1” Conventional Onsite Sewage System Operator.   

“Class II”, the Alternative designation would address the installation / operation of the more complex “Alternative” systems.

The current “conventional” vs. “alternative” designation in the proposed regulations relating to soil evaluators, does not address the standard of practice, roles and responsibilities, as is currently conducted in Virginia.

The fundamental skill set for the Soil Evaluator does not differ for conventional and alternative type systems.  The same level of  soil evaluation expertise is necessary, as is the requirement to field designate / delineate of an area, and the preparation of the appropriate preliminary design.  These activities are the standard of practice now and is affirmed by 1753 18VAC160-20-82 (B), which provides that interim licensee may act as a conventional and alternative evaluator.

The “Class 1” test needs to insure that the applicant has the skills and abilities to perform the function of soil evaluation, field designation / delineation of an area, preliminary design, and conventional system permit design.  “Class 1” licensee’s should be authorized to certify properties for all systems allowed in the regulation and policy, design conventional pump to gravity trench systems, and provide soil / site evaluations and delineations for AOSE / PE permits.  This is the standard of practice as applied in Virginia.

It needs to be remembered that the regulant, the Soil Evaluator, is limited, a vast majority of situations to activities by the AOSE regs to single family home systems <1000 gallons.

At minimum, soil evaluations of onsite wastewater soils sites for systems outside of the AOSE regs should be, at minimum a Class 1 evaluator and a Certified Professional Soil Scientist.

The “Alternative” designation represents an alternative designer, non-engineer, who designs Alternative Onsite Systems.  

Up until three years ago, and 20 years+ prior I have acted as a designer of numerous “alternative” systems including sandfilters, drip systems, and low pressure distribution systems. 

Recent controversy regarding “the practice of engineering” as it relates to the AOSE regulations have severely restricted my (and others) activities as a designer.  My system designs were accepted and  permitted by VDH under the interpretation of “Informal Plans” in the Sewage Handling and Disposal Regulations,12 VAC 5-610-10 et seq..  Currently, some systems with “Informal Plan” designations donot require a professional engineer to design, when others with the same “Informal Plan” designation do.

The “Level II” evaluator is a non engineer,  alternative system designer for single family homes.

DEPOR will have an important, central role  in the  determination of the needs to know, skills and abilities as it relates to the practice of engineering in the design of single family home on site sewage systems by non engineer designers.  Until this issue is resolved, it will be difficult to ascertain the needs to know, defining the skills and abilities of the Level II alternative system designer.

Thank- you for the opportunity to comment.

If you have any questions or require any further information please feel free to get in touch.   Tom Ashton

*Registered Environmental Health Specialist (R.E.H.S.,N.E.H.A.)

*Certified Professional Soil Scientist (vC.P.S.S, Va. Dept. Of Commerce)

*Authorized On Site Evaluator (A.O.S.E., Virginia Department of Health)