A couple years ago, my builder hired a soil scientist to evaluate my property for a drainfield.  The soil scientist designed a drainfield.  The contractor installed it and it failed about two years later.  When the cause of the failure was looked into, it was determined that the soil did not meet the requirements for that type of design, something called a substituted system, which I still don't understand.  The soil scientist and the contractor each blamed the other one about why it did not work.  Ultimately, the soil scientist told me that I had to sign a document saying that I would not sue her if she designed another system.  I signed it but it was because I was between a rock and a hard place.  When I talked to an attorney about someone asking for me to sign a release so they could do whatever they wanted, he asked me for a contract, which again, I did not get.  When I asked for a contract, the soil scientist said that the release document was the contract.

I think the regulations should require everybody to have a written contract that spells out the services being rendered and the warranties and guarantees being provided.  The contract should prohibit people from trying to limit their liability.  The rules should prohibit soil scientists and contractors from requiring an owner to sign a release agreement in order for services to be provided.  It seems quite unethical.  If the regulations require written contracts and bonding, then that would go a long way to helping owners like me.

Another person I know paid a soil scientist for the drainfield design and the inspection.  The soil scientist required payment for the inspection up front.  Later, after the contractor installed the drainfield, the soil scientist never returned phone calls and did not come out.  My neighbor had to pay another soil scientist to do the inspection.  Since it was over a year later and no written contract was signed, my friend forked out payment for an inspection two times.

As I read the comments in this forum, I noticed that people seem to think that the rules will only address entry requirements.  I hope that is not true given my personal experience and the experience of my friend.  More protection needs to be given to the home owner in these regulations.  Having a high standard for entry is important but it is even more important to make sure that the people who enter provide appropriate and fair service.  They should not be allowed to manipulate owners who do not know much about drainfields.  I think the rules should require bonding and written contracts to make sure that the people who enter the profession provide fair services.

Please make sure that owners are protected.  Thank you for considering these comments.