As a previous commenter has stated, I also recommend that the General Assembly and Governor McCauliffe consider removing Onsite Soil Evaluators from the Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Board (WWWOOSSP) and seating them to The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA).

The rationale for such a move is that Onsite Soil Evaluators (OSEs) through an exemption to the practice of engineering in the Code of Virginia (54.1_402A11) have the ability to design onsite sewage disposal systems for real property throughout the Commonwealth.  In this role, Onsite Soil Evaluators have more in common with the APELSCIDLA Board than with the WWWOOSSP Board which oversees licensed contractors, operators and tradesmen in the wastewater industry.  Also, it would appear to be somewhat of a conflict for members of the WWWOOSSP Board to regulate the interests of OSEs as OSEs are responsible for inspecting the sewage system installations of licensed sewage system installers when the installers are installing sewage systems designed by the OSEs.  This means that licensed installers serving on the Board could exercise undue influence over the practices of OSEs who have inspection authority over their work.  It would seem to make much more sense that OSEs as sewage system designers be under the authority of the APELSCIDLA Board.

WWWOOSSP has failed to address the current conflict of interest that exists between the Virginia Department of Health (VDH) who employs OSEs to serve as both regulators as well as direct service providers to the general public and OSEs who operate as small businessmen in the private sector who fall under the regulatory scrutiny of VDH-employed OSEs.  At the same time VDH has exercised an undue marketing advantage by offering direct soil evaluation and design services to the public at state taxpayer subsidized rates while OSEs working in the private sector must charge a fair market rate for their services in order to cover their business operating costs and try and turn a minimal profit.  The end result being that the general public is incentivized to deal directly with VDH for their soil evaluation and sewage system design services as private sector OSEs cannot compete with VDH's subsidized services.  It would seem to make more sense that the APELSCIDA Board which is comprised of other professional designers, most of whom are employed in the private sector, would be able to offer a more objective review of OSE roles both in the public and private sectors as well as take more steps to insure that the Commonwealth promotes a healthy free market system for all of its licensees and doesn't engage in monopolistic practices.