Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Professional and Occupational Regulation
 
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9/29/20  6:27 pm
Commenter: Emily Salkind, LPSS - Balzer and Associates, Inc.

Strongly SUPPORT Continued Regulation of Professional Soil Scientists.
 

I am a Licensed Professional Soil Scientist (LPSS) in Virginia providing consulting services throughout the state and STRONGLY support continued regulation and licensure of soil scientists in Virginia. Professionals holding an LPSS provide their scientific and site-specific expertise across a broad range of engineering, construction, site development, and regulatory practices which promote the environmental protection and economic value of public and private land. Licensed soil scientists are highly skilled in their field as a result of educational background, years of field experience, and participation in professional organizations. Soil scientists are also trained in many aspects of surveying, engineering, agronomy, building construction, chemistry, physics, microbiology and geology because they all relate to land use and management and the protection of human health and our soil and water resources within the Commonwealth of Virginia.  A licensed soil scientist has taken a state exam and must maintain continuing education to maintain the license. Maintaining the license qualifies the professional soil scientist for automatic certification as an ESC plan reviewer under the Department of Environmental Quality (DEQ) Erosion and Sediment Control criteria and satisfies the requirements for Erosion and Sediment Control and Storm Water re-certifications through DEQ. 

Throughout the engineering development community, non-soil science professionals utilize NRCS Soil Survey data in place of site-specific soil data for land analysis for the design of erosion and sediment controls, stormwater management facilities, septic wastewater systems, and foundations for buildings and infrastructure. The SSURGO data, and to an even lesser extent the STATSGO data available and reflected in the NRCS reports is at best a large-scale land planning tool which can act as a compass in directing a land owner or developer to identify areas which may need further assessment by a LPSS. The LPSS can then provide specific study of on-site soils which may be considered a concern due to shrink-swell clay content, hydric status, erodibility, acidity and corrosion potential, topsoil depth, restrictive layers, and infiltration rates. These soil characteristics often significantly alter the course and outcome of construction projects as well as the stability and longevity of infrastructure and developments which can result in catastrophic failures requiring emergency coordination and taxpayer money to address at the state and local level. 

LPSS are qualified to conduct Water Quality Impact Assessments (WQIAs) in the 47 localities in Virginia which have, per requirements of the Chesapeake Bay Preservation Act, adopted Local Bay Act programs to assess Resource Protection Areas and Buffers as well as Resource Management Areas taking into account steep slopes and highly erodible soils. Wetlands assessed under local administration of the Act are also better identified by a LPSS due to their expertise in identifying the presence or absence of hydric soils. WQIAs are a required component of the building permit/land disturbance permit process in many localities. For continued development of commercial and residential properties near water bodies regulated under the Act, and for maintained value of waterfront properties, input from LPSS in the completion of WQIAs is essential. 

LPSS are qualified to conduct Erosion and Sediment Control Plan Reviews. There are localities that also require utilizing the expertise of a LPSS when designing stormwater management infiltration BMPs citing instances where stormwater management BMPs such as basins & bioretention areas have malfunctioned or failed due to misinterpreted NRCS Soil Survey information. LPSS may also make recommendations for Erosion and Sediment Control practices in agricultural and forestry applications, allowing property owners to physically retain more of their land resource for increased profit through sustainable management techniques, maintaining high land value and the farming economy in the state. 

A thorough knowledge of soil science is invaluable in the assessment of soil suitability for septic waste systems regulated by the Department of Health. Residential and commercial development, especially in rural areas, relies on the safe treatment of wastewater for economic success and for the protection of property owners and downstream waters. An LPSS can accurately classify a soil and determine its infiltration rate, assess for the presence of restrictive layers, and interpret the geologic and land-use history of a property that may contribute to failure. 

In 2011, the General Assembly unanimously voted to require licensure for soil scientists due to risks associated with lack of regulation. Eliminating licensure effectively deprives the citizens of the Commonwealth of an opportunity to obtain professionals with proper credentials to assist them in maximizing land values. Furthermore, eliminating licensure will result in infrastructure failure which forces undue cost burdens on property owners, homeowners' associations, and, ultimately, all taxpayers. Eliminating licensure will allow unregulated work to adversely impact the health and welfare of citizens of the Commonwealth.

CommentID: 86971