VDH authority to regulate Authorized Onsite Soil Evaluators (AOSEs) ends on June 30, 2009 and DPOR assumes control of regulating Licensed Onsite Soil Evaluators (OSEs) on July 1, 2009.  Under Title 32.1, VDH must accept site and soil evaluations from AOSEs, not OSEs.  Since AOSE is not a regulant of DPOR and VDH does not regulate AOSEs, it would seem that "deemed approval" would no longer apply with submissions to VDH because AOSEs no longer exist, only OSEs.  Nobody will be an Authorized Onsite Soil Evaluator on July 1, 2009; yet the proposed regulations require installers to submit three references from AOSEs as an option to qualify for a license.  How is an installer supposed to find an AOSE after July 1, 2009 when everyone is an OSE?

Examples of other substantial errors in definitions:

1.  An alternative onsite soil evaluator is somebody who can construct, install, and repair a treatment works.  I thought licensed contrators and licensed alternative installers were supposed to do that.  If this definition remains effective, then an OSE can install an alternative sewage system but cannot evaluate soil or design a sewage system.  

I offer the following advice for a better definition: OSE means a person deemed qualified by DPOR to (i) evaluate , document, and report in accordance with accepted soil science principles, using the standard of care ordinarily expected for soil science, the site and soil properties for a proposed sewage system; (ii) consult, evaluate, plan, and design alternative, conventional, or alternative discharging sewage systems as defined in Title 32.1 of the Code of Virginia, which are not considered the practice of engineering as defined in Title 54.1 of the Code of Virginia, and (iii) to inspect alternative, conventional, and alternative discharging sewage systems.  You can expand this definition to account for other comments to better define the practice of soil science and design not considered engineering.

2. An alternative onsite sewage system installer is someone who cannot install conventional onsite sewage systems.  Most contractors install both alternative and conventional onsite sewage systems.  So it would appear that DPOR would require a septic contractor to now hold three licenses: a) contractor license, b) alternative installer license, and c) conventional installer license.  It seems odd that you need two different boards to regulate one type of practice (contractors board and this board).  If I were an installer, I would argue that I was being over-regulated. 

However, the rules prohibit an installer and all of the other associated regulants from holding both a conventional and alternative license simultaneously. A new definition is needed similar to the one provided above.  I do not have time to re-write the entire section of definitions as I think is needed.   

 3.  An AOSE is defined as somebody with that certification on the effective date of the proposed regulations.  Again, nobody will be an AOSE on the effective date of the proposed regulations because VDH authority ends at midnight on June 30, 2009.

Numerous additional examples like the ones offered above can be given.  DPOR should give serious consideration to reconvening the board to re-write much of the regulation.  If DPOR should decide to do this, then an interim process should be developed so that the public can enjoy the services of an OSE beginning July 1, 2009.