We have reviewed the guidance document and offer the following comments:
Section C states:
If DEQ observes a trend of deficient SWM and/or ESC plans that were reviewed by the same Dual Combined Administrator for ESC and SWM, DEQ reserves the authority to suspend, revoke or refuse to grant or review the certification pursuant to the process provided in 9VAC25-850-90 and no longer accept that Dual Combined Administrator for ESC and SWM’s Certification for the streamlined review unless that person retakes all six (6) required classes and passes the related tests to receive a new certification number. For professional engineers, DEQ will notify the Virginia Department of Professional and Occupational Regulation (DPOR) for their review. For purposes of this guidance DEQ defines a trend of deficiency as:
There needs to be some type of appeals process to improve the determination of a trend of deficiency.
Additionally, there needs to be a timeframe associated with this process. For example, a trend in deficiency is to be evaluated of a two year period.
Additionally, having DPOR review compliance with DEQ checklists appears to be outside their charge which is to issue professional credentials, enforce standards of professional conduct, and to work with local law enforcement to assist in bringing criminal charges of individuals practicing without a license.
Signed: Steve Pandish, PE, Kelsey Ryan, PE, and MacKenzie Bauman, PE (Gordon)