Based on the Agencty Background Document, it appears that VDH is seeking general comments regarding the Regulations Governing Application Fees for Construction Permits for Onsite Sewage Disposal Systems and Private Wells.  I appreciate the opportunity to comment.  I believe that the Application Fees for Onsite Sewage Disposal Systems and Private Wells should be amended, as the current fee structure ignores the apparent intended paradigm shift in the onsite permitting process (vis-a-vis DPOR licensure), putting private sector (small business) OSE's at a significant disadvantage. 

Today, the onsite permitting program in the Commonwealth is unique, if not complicated: licensed Professionals in the private sector and public sector directly compete to provide site evaluation and design services to the Public.  I cannot think of a parallel situation in any of the associated professions that we work with on various land development projects.  In these other professions, it seems fairly well established that the private sector professional provides the evaluation and design (front end) services for the Public, and the public sector provides the review and approval (back end) services.  I understood the creation of the AOSE license through DPOR to indicate a shift towards this model, where the private sector AOSE’s provide site evaluation and design services, and VDH staff (AOSE or otherwise) review and issue/deny necessary permits/approvals accordingly. Licensure appeared to be an acknowledgement of qualified private sector professionals capable of performing site evaluation and design work, thereby significantly reducing overall VDH man hours spent on the front end of the onsite permitting process, and allowing EHS staff to shift focus onto other equally important tasks.    

However, heavily subsidized "bare" applications continue to incentivize the Public to contact VDH, not the private sector, for site evaluation and design services.  The cost differential between "bare" applications and applications with supporting documentation by private sector AOSE’s to the Public is nominal, and in my opinion, does not even attempt to reflect the actual costs associated with providing site evaluation and design services for a given project. 

Just an example, the State fee for a "bare" application for Certification Letter is $350, and the State fee for an application with supporting documentation for Certification Letter is $320.  This appears to place a value of $30 on the following tasks:

 1)     Coordinating with clients, surveyors, engineers, etc.

2)      Researching the site.

3)      Evaluating the site.

4)      Developing the evaluated site.

5)      Preparing deliverables for the site.

6)      Overhead.       

Certification Letters are but one example of the current fee structure giving the appearance that VDH is willing to subsidize the land development pursuits of the Public.  It is my understanding that applicants should be serviced by the private sector for site evaluation and design services, unless financial hardship can be demonstrated, and it is my opinion that the fee structure should be changed to reflect as much.  This would free up valuable VDH man hours to pursue other tasks necessary to protect human health and the environment.  Once again, I appreciate the opportunity to comment.    

Rob Charnley