The American Council of Engineering Companies of VA (ACEC/VA) represents the business interests of the consulting professional engineering community. The proposed regulation appears to exclude professional engineers that have been licensed and are authorized to do this type of work, including the evaluation, planning and design of private utilities.

The current statutory requirement for licensing as an onsite soil evaluator is found in § 54.1-2302 and is “inclusive”, meaning all professionals with valid licenses can perform the duties of an onsite soil evaluator. In addition, § 32.1-163.6 specifically authorizes the Board of Health to accept treatment works designs from all professionals with valid licenses. Both of these statutory authorities include onsite treatment works which includes the land that will be an integral part of the treatment or disposal process.

The new regulations exclude Professional Engineers, who are currently authorized by statute to perform the duties of an onsite soil evaluator without having a specific license issued by the WWWOOSSP Board. The use of the phrase “Notwithstanding the provisions of Chapter 4(§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia…”  the Board is proposing to exclude other duly authorized licensees from performing the prescribed duties.  We do not believe that there is statutory authority for the Board to create an exclusionary regulation and the inclusion of such a phrase is contrary to the “inclusive” statutory language in § 54.1-2302.

We respectfully request that the Board reconsider the phrasing and revise it so it is consistent with the statutory language contained in § 54.1-2302.