| Action | Amend regulations to license onsite sewage system professionals. |
| Stage | Proposed |
| Comment Period | Ended on 3/6/2009 |
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The Board, in consultation with the Board of Health, shall adopt regulations for the licensure of (i) onsite soil evaluators; (ii) installers of alternative onsite sewage systems, as defined in § 32.1-163; and (iii) operators of alternative onsite sewage systems, as defined in § 32.1-163. Such regulations shall include requirements for (a) minimum education and training, including approved training courses; (b) relevant work experience; (c) demonstrated knowledge and skill; (d) application fees to cover the costs of the program, renewal fees, and schedules; (e) the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; and (f) other criteria the Board deems necessary.
As provided by section (f) in the Code of Virginia, the Board should specify the minimum standards of practice for the professions it regulates. Unless minimum standards of practice are included in the regulations, then DPOR and the board are not exercising their due diligence and standard of care given to them by the citizens of the Commonwealth. DPOR should take these regulations back to the board and develop minimum standards of practice. Otherwise, DPOR simply has rules to license individuals but no teeth to act when the licensee does not perform. In Part V of the proposed regulation (18VAC160-20-140), DPOR discusses discipline of a licensee. In this section it writes, "Not demonstrating reasonable care, judgment, or application of the required knowledge, skill and ability in the performance of the licensee's or interim licensee's duties."
Ok, that's a nice statement but it is a moving target. How does a licensee know what that means unless DPOR and the board includes minimum standards in the regulations? Just as DPOR and the APSCELIDLIA Board requires for other regulants, DPOR should do the same in this proposed regulation.
I propose that DPOR and the board begin work to include minimum standards for performance. Here are a few ideas to start the discussion:
The maximum acceptable separation distance between observation holes is 100 feet. The use of common holes between adjacent proposed sewage disposal system sites to describe both sites is not acceptable. A minimum of five soil profile descriptions for each separate area being established as suitable for a soil absorption system. Profile holes must be described to a depth of 18 inches below the proposed trench bottom of a designed treatment works unless a soil feature prohits evaluation. The following soil characteristics must described using U. S. Department of Agriculture soil textural classes (including the percent and size of coarse fragments) and soil colors: The depth of each major horizon of all soil profiles must be documented . Soil colors (matrix and mottle patterns) are to be determined and reported using the Munsell Soil Color Charts Munsell Color, Macbeth Division of Kollmorgen Instruments Corp., 2441 North Clavert Street, Baltimore, Md. 21219). All colors must be reported using the Munsell notations for hue, value and chroma (i.e. 5YR 5/6). Color names must be added. Abbreviations of terms (i.e. soil color, texture, etc.) are not acceptable.
ii. All holes or pits in the area of the proposed soil absorption system must be described as to depth to redoxymorphicfeatures (seasonal water table or seasonal saturation). iii. Depth to rock or restrictive layers (when applicable). iv. Soil permeability. The estimated percolation rate must be reported. When permeability tests are conducted (includingpercolation tests, hydraulic conductivity tests, and other measures of soil permeability), a copy of all test results must be included.
v. Shrink-Swell potential (if moderate or greater). vi. When backhoe pits or other excavations are used, the complete range of soil characteristics exposed is to be described (depth to mottles, rock percentage and depth to rock or other restrictive layers & variability in rock depth). OSHA Regulations apply when working in pits. e. Additional information. The following soil characteristics are to be documented when the evaluator determines they will provide additional information regarding soil suitability:
i. Soil consistence ii. Soil structure (type, class and grade)
iii. Soil mottling patterns (abundance, contrast and size), including, but not limited to, the following features as specified below:
ii) Existing and proposed onsite sewage systems; iii) Shellfish waters, lakes, streams, other bodies of water, and surface impoundments used for drinking water; and iv) Sinkholes, drainage ways, flood plains, drainage ditches, and tile drainage. c. Percent slope and direction (an acceptable topographic map may be substituted); d. Existing and proposed structures, buildings, etc. within 40 feet of the perimeter of the proposed soil absorption area; e. Easements, rights of way, driveways, roads, and buried and aboveground utilities within 20 feet of the perimeter of the proposed soil absorption area; f. Compliance with Chesapeake Bay Local Assistance Department requirements and local regulations should be documented when applicable; and 4. Other information pertaining to local ordinances (i.e. Chesapeake Bay requirements, etc.) should be included. All construction drawings shall be drawn to scale. As a minimum, drawings must show property lines, all existing and proposed structures, existing and proposed sewage systems and water supplies, slope, any topographic features which may impact the design of the system, and existing and proposed easements and utilities within a distance from the center of proposed soil absorption system and reserve area (when applicable) equal to twice the horizontal setback required by any regulation for that particular feature (i.e. 140’ for shellfish growing waters). The scale drawing of the proposed sewage system shall show sewer lines, septic tank, treatment units (if applicable), pump station (if applicable), conveyance system, and subsurface soil absorption system, reserve area, and other relevant features which may affect the proper operation and functioning of the system or be affected by the system. When a private drinking water supply is to be located on the same lot, show all sources of pollution within 200 feet of the proposed water supply. c. Plans and specifications. Plans and specifications sufficient to allow the successful installation of a system shall be included. d. Design calculations. Design calculations used to establish the designparameters of the recommended system shall be submitted. Design calculations must include: i. Calculations indicating that the minimum separation distance to seasonal ground water, rock, or other limiting factor isprovided; ii. Minimum depth of trenches and separation of trenches when slopes are greater than 10%; iii. Design flow calculations used for septic tank and drainfield sizing based on bedrooms or per person; iv. When a pump is used, the calculations will show the static head, friction head and total dynamic head at the operating condition of the pump. The pump curve shall also be provided; v. Pump tank volumes and emergency storage requirements; vi. Trench bottom area and number of trenches; vii. Calculations for low pressure distribution, drip irrigation, etc.; viii. Calculations for Wisconsin mound, other fill systems, etc.
iv. Soil parent material and geologic province
v. Clay mineralogy and the existence of various soil minerals
(feldspar, mica, quartz, etc.)
vi. Root penetration.
3. A site sketch shall be provided with each site and soil evaluation report that documents the location of all soil profiles and relevant site features. Sketches must represent the topography in the vicinity of the proposed onsite sewage system as well as the topography in the vicinity of any private water supply (existing or proposed) so as to establish the topographic relationship between such water supplies and sources of contamination including, but not limited to, the proposed soil absorption system. Sketches must be neat, legible, and drawn to scale when possible.
When scale drawings are not practical, the sketch shall provide accurate documentation (distances) for profile holes and other features and suitable reference points. If not using the survey plat, sketches should be drawn on 8.5” x 11” paper. Sketches must show the minimum information
a. Existing and proposed property lines for the subject property and any other property lines within 10 feet of the perimeter of the proposed soil absorption area and/or proposed structure;
b. Within 200 feet of the center of the proposed soil absorption area and structure:
i) Existing and proposed wells, springs, and cisterns. If a private water supply is proposed, the location and construction of the proposed water supply (or supplies) must comply with the Private Well Regulations