| Action | Amend regulations to license onsite sewage system professionals. |
| Stage | Proposed |
| Comment Period | Ended on 3/6/2009 |
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I believe there has been a loss of understanding of intent in some things proposed and I believe this will create more than minimal adverse impact on commerce and hardship on the private consultant. I agree VDH should be exempt for a time as they are processing about 40,000 permits each year and the few private consultants simply can't handle the burden, even during this housing slump. I also agree that if someone is qualified to design a conventional system they should be able to design an alternative system and not have to choose between licenses. It is a matter of correctly describing the soil conditions and matching a system to the site that meets the regulations. Also, assuming an independent "COSE" must be sponsored, trained, and supervised by an "AOSE" will put some out of business unless they are hired by an established environmental consulting firm. I suspect those firms are laying off more than hiring right now. Additionally, the AOSE/EHS community was largely kept out of the loop concerning this DPOR proposal and we should re-visit what is being proposed. Here are a couple paragraphs from the Agency Background Document Statements: "The goal is to transfer the existing Department of Health regulatory program for onsite soil evaluators to the Department of Professional and Occupational Regulation and to establish a new regulatory program for onsite sewage system installers and operators with a minimum adverse impact on commerce. Additionally, the goal includes assuring that competent professionals are available to the public in need of onsite sewage system products and services. The environment benefits by having onsite sewage systems planned, installed, and operated by competent individuals who can best guide the consuming public in managing wastewater so as to avoid adverse impact. The public will be readily able to identify and access the services of competent individuals through a regulatory program that does not currently exist". (Does not exist??? What about VDH? We are not starting from scratch here.) and this one means as an AOSE you can still do conventional sites, not either/or. This also says "additional" license and the Proposed Text language indicates you can't hold both at the same time. Someone holding the AOSE license will be prone to requiring a more expensive system that might otherwise be warranted, particularly in the Piedmont area. "In some parts of the Commonwealth, alternative systems are more in demand as the amount of land that will pass a “perk” test is diminishing, and this is creating an increased demand for alternative systems. However, in other parts of the Commonwealth, there is little demand for alternative systems as the result of much lower population densities and the availability of land that will “perk.” The Board concluded that two levels of onsite soil evaluator were appropriate rather than one all-inclusive level. Those desiring to practice only with conventional systems would have the option of seeking a license limiting their practice to conventional systems, while those desiring to practice with alternative systems (as well as conventional systems) would be required to seek an additional alternative soil evaluator license". Substance