1)         The language used in the definitions that differentiate between conventional and alternative systems, installers, operators, and soil evaluators should mirror each other for clarity. In fact, the definitions “conventional onsite sewage system” and “alternative onsite sewage system” are inadequate. Under these definitions, it could be argued that a Puraflo system is conventional. It consists of a septic tank with pumped conveyance to a gravity distributed subsurface drainfield.   It just happens to have an inline, packed bed filter attached. The definition of alternative should include a reference to secondary treatment devices.

2)         The definition alternative onsite sewage system operator should read “… (ii) make or cause adjustments in the operation of a unit process at a treatment works alternative onsite sewage system;”

3)         54.1-2301 does not grant the Board authority to establish and adopt regulations for the licensure of a conventional onsite sewage system operator, only the authority to establish and adopt regulations for the licensure of operators of alternative onsite sewage disposal systems.   A conventional onsite sewage system operator does not make sense. There are no unit processes or operational adjustments necessary with a conventional system. Is it the intent of the regulation to require an individual to hold a conventional onsite sewage system operator license to re-adjust the dial-a-flows of an out-of-level distribution box? A licensed conventional onsite sewage system installer should be able to perform this work as a repair.

4)         54.1-2301 does not grant the Board authority to establish and adopt regulations for the licensure of conventional and alternative onsite soil evaluators, only the authority to establish and adopt regulations for the licensure of onsite soil evaluators. There is no need to have both conventional and alternative onsite soil evaluators. Issue one license for onsite soil evaluators. Just because a developer chooses to use alternative onsite sewage disposal systems to gain maximum lot yield in a subdivision (reduction in drainfield size), doesn’t mean the soils become more complex. It either meets the onsite regulations or it doesn’t. If an owner wants to convert his approved 4 bedroom site that was evaluated by a licensed conventional onsite soil evaluator to 5 bedrooms by simply adding Puraflo modules to the system, it doesn’t make sense to have him re-evaluate the site using a different, licensed alternative onsite soil evaluator.

 

5)         VDH employees are often called upon to evaluate existing onsite sewage disposal systems, determine the cause(s) of malfunction, and issue repair permits. Who now has the authority to provide this service? A licensed soil evaluator? A licensed operator? If it is a soil evaluator, then a CPSS with one year of full-time onsite soil evaluation experience would be qualified to perform these duties. That CPSS may have never seen an existing system, let alone a malfunctioning one. A CPSS is qualified to evaluate soils and determine if they meet the onsite regulations for a particular type of system. They may not be qualified to determine the functionality of existing onsite systems and the factors that ultimately result in their performance (surface grading, sewage strength, sewage load, installation, plumbing fixtures, physical damage, maintenance history, human behavior, etc.). If it is an operator, no one will be able to evaluate existing alternative sewage disposal systems since onsite sewage professionals don’t typically gain Class IV or higher wastewater works licenses nor have the opportunity to work the required 6 months as an operator-in training in a Class IV wastewater works.

 

6)         The definition “interim license” is incorrect. It should state “means a method of regulation whereby the board authorizes an unlicensed previously certified individual to engage in activities requiring a specific license provided for in this chapter for a limited time to obtain the necessary competence qualifications to qualify for that specific license.

 

7)         The specific entry requirements for an interim conventional onsite sewage system installer license and an interim alternative onsite sewage system installer license are exactly the same. As stated previously, what is a Sewage Handling and Disposal Permit (SHDP) that is required to be held by the firm employing the interim licensee? VDH does not issue a SHDP to firms that install systems.