Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
 
chapter
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations [18 VAC 160 ‑ 20]
Action Amend regulations to license onsite sewage system professionals.
Stage Proposed
Comment Period Ended on 3/6/2009
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1/18/09  7:53 am
Commenter: VDH Employee

Definition Changes
 

I recommend the following definitions be changed:

"classification" means the divisions of each category of waterworks and wastewater works operators' licences where Class "I" represents the highest classification; the divisions of each category for installer and onsite soil evaluator where Class "alternative" represents the highest classification. 

As I understand it, there are two classifications for onsite soil evaluator and installer ("conventional and alternative")

"classified facility" means a waterworks. wastewater works, or treatment works  that has been granted a classification by the Virginia Department of Health or the Department of Environmental Quality.  I can foresee situations where DEQ and VDH issue joint permits for reuse and recycling systems.

"contact hour" means 60 minutes of participation in a structured training activity.  I do not know why the board would want to define an hour as 50 minutes.  It seems silly and against the principle of logic to define an hour as anything but an hour.  A contact hour should mean what it says, "an hour of contact".  If need be, go into other places of the regs and reduce the required continuing education accordingly instead of perpetuating the idea that an hour is 50 minutes so that the continuing education requirements are suitable.

"continuing professional eduction (CPE)" means participation in a structured training activity that enables a licensee to maintain and increase competence, knowledge, skills, and abilities required to assure the public's protection as determined by DPOR staff to the board or the board.  Coursework provided by VAPSS, VOWRA, VDH, VEHA, NEHA, NOWRA, CDC, community college system, etc. shall qualify for this standard.  Coursework in understanding impacts of public health shall qualify.  Coursework provided by manufacturers of proprietary products will not meet this standard unless endorsed by one of the above mentioned organizations. 

As currently written, a licensee could argue that he met the definition and it would qualify.  It would seem that the regulation should say who has the final "word" on the matter since a plain reading of the definition and regulation is obtuse on how disputes about qualified training are handled.  Also, installing, operating, maintaining, using, inspecting, and designing treatment works has many public health aspects.  Training should include coursework in general understanding of public health principles and not just coursework to improve your efficiency on the job.

"Conventional onsite sewage system" means a treatment works only consisting of one or more.....

This definition could include alternative sewage systems and treatment works generally since alternative systems can consist of "one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield".  Using the plain language of the definition, a conventional onsite soil evaluator could design what would be considered an alternative sewage system and call it a conventional system because it would meet this definition as currently written.

"Conventional onsite sewage system installer" means an individual licensed by the board and the Contractor's board to construct, install, evaluate for repair, consult for repair, and repair conventional onsite sewage systems that are not also considered alternative sewage systems. 

I proposed the last clause in case the definition of conventional onsite sewage system could not be changed.

 

 

CommentID: 6712