Proposed Text Changes (Part II of II, split #04 due to 3000 word limit)

Please find these proposed text additions and deletions respectfully submitted to address the Proposed Text to Amend regulations to license onsite sewage system professionals. 

Please carefully consider the following text additions (underlined and marked up with yellow highlighter) and text deletions (using a strikeout font and marked out with black highlighter). Colored fonts were added for organization and emphasis in certain cases.

These text amendments and deletions are proposed to facilitate continuity of onsite services for the stakeholder occupations and the public.  It does allow for the creation of a future Class "A" Onsite Soil Evaluator designation which would allow for expanding the design priviledges of qualified individuals beyond the current exemptions to the practice of engineering.  

Thank you for the opportunity to respond on this forum and your consideration of these matters.

18VAC160-20-106

Part III 
Renewal

18VAC160-20-106. Renewal.

A. Licenses and provisional licenses for waterworks operators shall expire on the last day of February of each odd-numbered year. Licenses and provisional licenses for wastewater works operators shall expire on the last day of February of each even-numbered year. Licenses for Onsite Soil Evaluators, Onsite Sewage System Installers, and Onsite Sewage System Operators shall expire 4824 months (by reducing the frequency for renewal, small businesses contesting with this transition to licensure can adjust to current economic cycles in the onsite industry) from the last day of the month wherein issued.

18VAC160-20-109

18VAC160-20-109. Waterworks operator continuing profession Continuing professional education (CPE).

5. Conventional Onsite Soil Evaluators, conventional Onsite Sewage System Installers, and conventional Onsite Sewage System Operators shall obtain a minimum of 10 contact hours.

6. 5. Alternative Onsite Soil Evaluators, alternative Onsite Sewage System Installers, and alternative Onsite Sewage System Operators shall obtain a minimum of 16 contact hours. An individual licensee holding more than one category of onsite treatment works license shall obtain a minimum of 20 contact hours.

CPE provisions do not apply for the renewal of waterworks and wastewater works operator, or onsite treatment works  licenses or provisional licenses that were held for less than two years on the date of expiration.

18VAC160-20-140

Part V 
Standards of Practice

18VAC160-20-140. Discipline.

2. Having been convicted or found guilty by a court in any jurisdiction of any felony or of any misdemeanor involving lying, cheating, or stealing,; or for activities carried out while engaged in waterworks or wastewater works activities, related to the performance of the licensee's or interim licensee's duties, there being no appeal pending therefrom or the time for appeal having lapsed. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision shall be prima facie evidence of such conviction or discipline. 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;

6. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony which resulted in the harm or the threat of harm to human health or the environment. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted of or found guilty, regardless of adjudication, of any felony or of any misdemeanor for activities carried out while engaged in waterworks or wastewater works activities related to the performance of the licensee's or interim licensee's duties or involving lying, cheating, or stealing; or

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

18VAC160-20-150

Part VI 
Approval of Training

18VAC160-20-150. Approval of training.

A. Waterworks and wastewater works operator training for all licenses Training courses may be substitute dated for some of the experience required for Waterworks and Wastewater Works Class III, Class II, and Class I licenses,; and for Onsite Soil Evaluators, Onsite Sewage System Installers, and Onsite Sewage System Operators subject to the limitations in this section. Training courses that may be substitute dated for required experience must be approved by the board except those provided by federal or state agencies, institutions, schools and universities approved by the State Council of Higher Education for Virginia, for which continuing education units are awarded. Training courses requiring board approval shall be approved by the board prior to commencing in accordance with the following:

B. Training courses for which experience credit may be granted must be conducted in general conformance with the guidelines of the International Association for Continuing Education and Training (Association). The board reserves the right to waive any of the requirements of the association's guidelines on a case-by-case basis. 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 sponsor who 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 credit (TC) program.

2. TC records. The board will only approve training offered by a sponsor who maintains TC records for all participants for a minimum of seven years, and who has a written policy on retention and release of TC records.

3. 1. 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, a knowledge of the learning process to be used, and a proven ability to communicate.

4. 2. Objectives. The board will only approve courses that have a series of stated objectives that areconsistent with the job requirements of waterworks and wastewater works operators pertinent to the tasks performed by a licensee. The training course content must be consistent with those objectives.

5. 3. 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, self-assessment, oral examination, or other assessment technique.

C. The board shall consider the following information, to be submitted by the course sponsor or instructor on forms provided by the board, at least 45 days prior to the scheduled training course: