Request Amendment to 18VAC160-20 prior to adoption
As a registered professional engineer in the Commonwealth of Virginia, I am writing regarding proposed regulation 18 VAC 160-20, Board for Waterworks and Wastewater Works Operator’s Regulations. It has been my experience in the field of onsite wastewater disposal that analysis of the soils and landforms for these systems is best evaluated by a professional soil scientist. I am aware that there already exists a Board of Professional Soil Scientists and Wetland Professionals. I am also aware that these professionals have already had to demonstrate their experience, knowledge and skills in the field of evaluating soils in order to achieve the current certification through the Department of Professional and Occupational Regulation.
The proposed regulations were written to govern Onsite Soil Evaluators, Onsite Sewage System Installers, and Onsite Sewage System Operators per HB 3134 and SB 1270. I understand that the regulation will transfer Department of Health regulatory oversight for onsite soil evaluators to the Department of Professional and Occupational Regulation and create new regulations for onsite sewage system installers and operators. I do believe that competent individuals should be used and regulated in the areas of onsite sewage system products and services. However, I offer that any licensure of onsite soil evaluators should reside with the Board of Professional Soil Scientists and Wetlands Professionals, rather than creating a new Board to address issues that the professional soils scientists are the most knowledgeable about. Creating separate distinctions between the professional soils scientists and the onsite soil evaluators seems like a less than effective way to manage onsite wastewater systems nd constituent’s public health and welfare.
In reading through the proposed regulations and materials from the Board of Professional Soil Scientists and Wetland Professionals it appears that the major difference between the “onsite soil evaluator” and the “professional soil scientist” is the ability to actually design an onsite wastewater disposal system. Although the design of a conventional system is relatively simple, designing an alternative wastewater system requires significant engineering with appropriate training and licensure (i.e. professional engineer). That being said, I would suggest that these regulations be changed to allow individuals that currently hold a Virginia certification as a professional soil scientist to be licensed to evaluate site and soil conditions and submit permits to the Virginia Department of Health for conventional systems. I would further suggest that certified professional soil scientists be licensed to conduct the site and soil evaluations and prepare permits for the Virginia Department of Health for any onsite wastewater disposal system that uses soil in the disposal or treatment of wastewater when the design for any non-conventional system is prepared by a professional engineer.
Although I would prefer that the licensure of onsite soil evaluators remain with the Board of Professional Soil Scientists and Wetlands Professionals I understand that the law passed in 2007 General Assembly requires otherwise. However, to protect public health and safety and to safeguard the environment, I request that licensure requirements differentiate between those licensed in site and soil evaluation for onsite wastewater systems and those licensed in the design of onsite disposal and pretreatment systems.
