I would like to begin with some background information regarding this matter that I believe was ignored and/or excluded during the creation of the proposed amendments to the regulations to license onsite sewage system professionals. Virginia has an existing Board of Professional Soil Scientists in the Virginia Department of Professional and Occupational Regulation (DPOR) since 1987. The Board was created to implement a certification program for professional soil scientists for the preservation of health, safety and welfare of the citizens of Virginia. In addition, the existing Board of Professional Soil Scientists has existing regulations which define qualifications for certification, examination and experience, and standards of practice and conduct for Professional Soil Scientists (see 18 VAC 145-20).

Professional Soil Scientists are valuable to the general public, engineering community, builders/contractors and regulators to provide reliable site and soil evaluations based on science. These evaluations are important components for waste disposal, wetlands science, soil stability, and erosion and sediment control. Certified Professional Soil Scientists (CPSS) have been evaluating soils and site suitability for onsite septic systems and have worked with Virginia Department of Health (VDH) officials in protecting the environment and human health for decades.

It is also very important to note, that suitable soil and site conditions are crucial to the safe operation of onsite septic systems and proper soil evaluations are critical components of permitting and designing onsite septic systems.

When DPOR’s Board of Waterworks and Wastewater Works was expanded in 2008 to include Onsite Sewage System Professionals, this expansion failed to include the Board of Professional Soil Scientists in the process of writing regulations to license professionals to conduct soil evaluations and design of onsite septic systems. In addition, two major stakeholders representing the soil science profession, the Virginia Association of Professional Soil Scientists (VAPSS) and the Virginia Association of Authorized Onsite Soil Evaluators, were also not involved in the process of writing these regulations.  

Therefore, this creation of the “Onsite Soil Evaluator” license by Board of Waterworks and Wastewater Works is a duplication of the existing Board of Professional Soil Scientists and was proposed without consideration to Professional Soil Scientists. AND, the proposed regulations by Board of Waterworks and Wastewater Works includes an examination to test an individual’s capability to evaluate of soil characteristics and site evaluations which already exists under DPOR’s Board of Professional Soil Scientists. ALSO, the Board of Waterworks and Wastewater Works and Onsite Sewage System Professionals proposed licensure and creation of the “Onsite Soil Evaluator” did not give consideration to the existing soil scientist professionals who either have a degree in soil science or numerous years of experience in soil evaluation partially or directly related to permitting onsite septic systems.

Again, the Board of Waterworks and Wastewater Works proposed regulations are a duplication and waste of taxpayer’s money since there is an existing Board of Professional Soil Scientists under DPOR that already exists. In these times of budget deficits we believe that the BWWW could work with the existing Board of Professional Soil Scientists and eliminate some of this redundancy. In addition, the Board of Waterworks and Wastewater Works proposed requirements for the “Onsite Soil Evaluator” is a dilution and “dumbing down” of the requirements for an individual who is evaluating soils. This can have adverse effects on human health and the environment since an improper soil evaluation can cause premature failure of onsite septic systems.

Therefore, as a Certified Professional Soil Scientist (No. 216), a soil consultant, and a board member of VAPSS, I propose the following:

The Board of Waterworks and Wastewater Works and Onsite Sewage System Professionals proposed regulations shall continue for licensure of Onsite Sewage System Installers and Onsite Sewage System Operators. BUT, licensure for “Onsite Soil Evaluators” should be excluded from the proposed Onsite Sewage System Professionals regulations and placed under the jurisdiction of the existing DPOR Board of Professional Soil Scientists. Through the existing DPOR Board of Professional Soil Scientists shall be converted from certified to licensed Professional Soil Scientists.

In addition, the Board of Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall create licensure for Onsite System Designers for the design of the mechanical and construction components of onsite septic systems, BUT shall exclude components of soil evaluations and site characterizations. Soil evaluations and site characterizations will be conducted and authorized through the licensure of a Professional Soil Scientist under the existing DPOR Board of Professional Soil Scientists. AND all current Authorized Onsite Soil Evaluators (AOSE) under the VDH and all current CPSS shall be grandfathered as a licensed Professional Soil Scientist. It shall be important to note, also, that the licensure of Professional Soil Scientists shall not obstruct the practice engineering or exclude Professional Engineers from their current standards of practice as defined by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. This licensure also excludes soil evaluations for agricultural production purposes.